Terms of Sale
GENERAL TERMS OF SALE
- Online Order- After receiving your order, Kaaspeed-USA will send you an email confirmation our receipt of your order and a separate email upon shipment of the Products. We reserve the right to decline or cancel your order or to limit order quantities before shipment for any reason.
- Shipment– Shipping of KAASPEED scooters (the “Scooter” or “Scooters”) is expected within 2-5 business days. The shipping rate for each scooter is $200 flat for continental United States and $350 flat for Hawaii and Alaska. Rate to ship to other areas will be quoted case by case. Orders of accessories, parts or others are subject to applicable shipping fees. We will not ship to PO Boxes or APO.
- Cancellation and Return Policy
If the order is cancelled before shipping day by email to service@kaaspeed-USA.com, the order is fully refundable. Cancellations for orders that have shipped will follow the return process:
You must obtain written approval for your return within 14 days of your receipt of the products. The approval can be obtained by contacting the company at firstname.lastname@example.org or by sending a request message [link]. Any products sent back without written authorization shall be rejected and returned to you at your cost. For more detail, please review our Returns Policy [link].
- Payment– Our website is powered by Shopify and all payments are processed through Shopify’s payment portal. All applicable taxes will be collected on all orders where such taxes are required to be collected. In case of pre-order, your credit card or other payment methods will be charged without delay, regardless of when your purchase is expected to ship.
- Scooter Performance– The expected range is under full power, 165lbs load, 77oF and flat pavement without wind environment. Actual range may vary due to load, weather, battery age, road condition, operation habit or other factors. Technical Specification may vary with different models. For more details, please review Instruction Manual [link].
- Limited Warranty– Scooter sold come with Manufacturer Limited Warranty for the original purchaser. To qualify for warranty, all Scooter purchases must be registered within 30 days of purchase. The limited warranty only applies to the original owner for the purpose of personal use. Please visit www.kaaspeed-usa.com to register your scooter purchase. For more detail, please review Manufacturer Limited Warranty [link].
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY KAASPEED-USA, INCLUDING BUT NOT LIMITED TO THE SCOOTERS, ARE WARRANTED ONLY TO THE EXTENT EXPRESSLY STATED IN THE APPLICABLE MANUFACTURER PRODUCT WARRANTY PROVIDED WITH YOUR PRODUCT. OTHERWISE, THE PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. KAASPEED-USA AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, KAASPEED-USA, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED.
- Proper Use and Legal Compliance
The Scooter is designed and intended to be used on safe, dry paved or hard packed surfaces. You acknowledge that you will avoid using it in a manner that is obviously inadvisable/hazardous conditions, or under any other conditions for which the company has issued warnings.
Important things to consider before purchase or using the Scooter.
- Before attempting to operate a Scooter, any operator of the Scooter must fully read the Instruction Manual included with the product. When operating the Scooter, the operator shall follow the instructions provided in the Instruction Manual. Initial set up, battery charging, care and maintenance, and safety tips information are also included in the Instruction Manual.
- The Scooter is designed for single riders, with maximum carry capacity of 400 pounds. This carry capacity includes weight of the rider and all items held or worn by the rider. The scooter is also designed for rider’s height between 4 to 7 feet.
- The Scooter is designed and intended for a person 16 years or older with a valid driver’s license. A person under 16 years old should not ride or operate the Scooter.
- Inspect your Scooter to be in good condition before each use and ensure battery is sufficiently charged.
- Always use safety equipment such as helmet and knee pads. A properly-fitting and approved bicycle or skateboard helmet which provides protection for the sides and back of head is recommended. Avoid wearing loose fitting clothes or jewelry.
- Avoid off-road use. Avoid to use under severer weather conditions. Do not submerge Scooter beyond bottom of battery compartment and avoid liquid puddles as possible. Use caution and reduce speed when using Scooter in unfamiliar environment or unfavorable weather conditions. Always check your surroundings and ride at a speed that is safe for you and others around you.
- Never operate the Scooter while under the influence of drugs or alcohol or under a condition that you could not focus or being distracted. Always keep both hands on the handlebars and face forward while operating the Scooter.
- Do not modify the Scooter in any manner or use unauthorized parts, as it may cause malfunction and cause injury or damage.
- There are inherent, natural and unforeseeable potential risks using electric scooter, including but not limited to personal injury, death or property damage, due to loss of control, collision, and/or falls. By using the Scooter, you assume all risks associated with using the Scooter to yourself, any person under your care or custody or a 3rd Certain Products may be used by minors who are at least 16 years of age. Such use is under the sole responsibility of and management by the minor’s parent or legal guardian.
A Scooter is a motorized scooter powered by battery. State or particular localities may have regulations. You agree that you assume all knowledge of applicable laws for using the Products and are responsible for compliance with any such laws (including but not limited to applicable traffic safety laws and regulations, minimum age limits or license requirements, requirement for protective gear to be worn etc.). Kaaspeed-USA does not warrant or guarantee that Scooter may be legally operated in your jurisdiction.
- Limited Liability and Disclaimer- KAASPEED-USA IS ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A DIRECT RESULT OF ITS BREACH OF THESE TERMS AND WHICH ARE REASONABLY FORESEEABLE. KAASPEED-USA LIABILITY FOR SUCH LOSSES IS HEREBY LIMITED TO THE AMOUNT OF PURCHASE OF OUR PRODUCTS GIVING RISE TO SUCH LOSSES. KAASPEED-USA SHALL NOT BE LIABLE FOR ANY OTHER LOSSES. THESE TERMS DO NOT EXCLUDE OR LIMIT OUR LIABILITY (IF ANY) FOR: (i) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; (ii) FRAUD; (iii) FRAUDULENT MISREPRESENTATION; OR (iv) ANY MATTER WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE OR ATTEMPT TO EXCLUDE OUR LIABILITY. YOU MAY HAVE OTHER RIGHTS GRANTED BY LAW AND THESE TERMS DO NOT AFFECT SUCH RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KAASPEED-USA OR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE PRODUCTS, EVEN IF KAASPEED-USA, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnification - You acknowledge that there are inherent, natural and unforeseeable potential risks involved using the Scooter, such as but not limited to loss of control, collision, and falls, as a result of misuse or even if used in compliance with all instructions. Such risk can result in serious personal injury or death, and property damage. You agree to indemnify, defend and hold harmless Kaaspeed-USA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand or actions, including reasonable attorneys’ fees, arising from or related to 1) your purchase or use of any Products, 2) your breach of these General Terms of Purchase, 3) your violation of any applicable law or the rights of a third-party, 4) your use of the Scooter caused injury to person or damage to property.
- Dispute Resolution- DISPUTE RESOLUTION AND BINDING ARBITRATION. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION’S COMPREHENSIVE ARBITRATION RULES. You and Kaaspped-USA agree to resolve any disputes by first attempting to settle by mediation before a single mediator. Both parties shall, before the commencement of any legal proceedings, attempt in good faith to settle their dispute by mediation. The substantive laws of the State of California shall be applied to the resolution of the dispute. Mediation shall not be the exclusive remedy of either party. A party may institute legal proceedings through final and binding arbitration only after such party has attempted to resolve any controversy or claim arising out of or relating to this Terms or the breach thereof through the use of mediation. YOU AND KAASPEED-USA AGREE TO RESOLVE ANY DISPUTES FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND KAASPEED-USA WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
- Severability- If any provision of these Terms is held illegal or unenforceable in a proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement remain legal and enforceable, the remainder of this Agreement shall remain operative and binding on the Parties.
- Governing Law- These Terms and any disputes between you and Kaaspeed-USA will be governed by and constructed in the laws of the State of California. The venue for any proceeding brought under these terms shall exist in San Diego, California.
- Change to The Terms- We reserve the right, at our sole discretion, to update, change or replace any part of these General Terms of Purchase by posting updates on our website at www.kaaspeed-usa.com. Any such modification will be effective immediately upon public posting on our website. It is your responsibility to check our website periodically for changes. Your continued use of the Scooter following the posting of any changes to the General Terms of Sale constitutes acceptance of those changes.
- Questions to Contact– email email@example.com.