Terms & Conditions
Terms & Conditions:
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”, "Terms of Service") carefully before using the https://www.minimotors-nyc.com website (the “Service”) operated by Minimotors NYC (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
You may view more information on our Terms of Service at: https://www.minimotors-nyc.com/policies/terms-of-service
1.1 Purchases:
There may be instances where product model may or may not fulfill the physical criteria law for personal mobility devices set by each state. Customer needs to acknowledge term & conditions before check out and payment. Upon acknowledgement of terms & conditions, it is assumed that the customer holds all responsibility for their devices used in their state abiding all law and regulations bounded by the state. Upon acknowledgement of terms & conditions, it is assumed that the customer has agreed to our online waiver, waiving any and all rights, claims or causes of action of any kind arising after the purchase of any product in Minimotors NYC. Any products purchased is strictly on the sole responsibility of the customer. You may refer to the waiver (Section 1.5) below for your reference.
1.2 Returns & Refunds:
1.2.1 Returns (if applicable)
Our policy lasts 7 days. If 7 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return/refund, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Restocking fee of $300 applies to any returns/refund.
1.2.2 Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied as a gift cards only, within a certain amount of days. Gift cards do not have any expiration date and will be automatically credited to your account. Gift card may also be sent via email under certain circumstances. It will be valid for use on your next purchase.
Please note that there will be a charge of 2.6%+$0.30 on the total amount when a refund to your bank account is requested.
You may view more information on our Return and Refund Policy at: https://www.minimotors-nyc.com/policies/refund-policy
1.3 Warranty:
1.3.1 Standard Warranty
The manufacturer warrants this product to be free from defects in assembly and parts, under normal commuting use and conditions, for a period of six (6) months from the original purchase date. Installation/Replacement labor, Shipping and handling fees are to be paid for by the customer. The manufacturer agrees, at its option during the warranty period, to replace defective parts of equal value in exchange without charge (except for a fee for shipping, installation/replacement labor, handling, packing, return postage, and insurance which will be incurred by the customer). Such repair or replacement is subject to verification of the defect or malfunction and proof of purchase as confirmed by showing the model and serial number on original dated sales record by the retailer.
1.3.2 Warranty Limitations
This warranty does not include:
- Any condition resulting from other than ordinary commuting/usage wear or any use for which the product was not intended, such as stunt attempting or reckless usage or contract trade or commercial use.
- Any condition resulting from incorrect or inadequate maintenance or care.
- Damage resulting from misuse, abuse, negligence, accidents or shipping damage.
- Dissatisfaction due to buyer’s remorse.
- Normal wear and tear.
- Damages incurred during transportation.
- Damages incurred during incorrect maintenance.
- Damages incurred due to self-servicing/replacement.
- Damages incurred due to unauthorized modification of device.
- Any used items/devices.
- Any work done by unauthorized sources other than Minimotors NYC
All warranty claims must be filed by the consumer to Minimotors NYC of this product, who in turn is to contact the manufacturer regarding any warranty return or replacement. Please retain receipts for a minimum of one year for warranty purposes.
You may view more information on our Warranty Policy at: https://www.minimotors-nyc.com/pages/local-warranty-policy
1.4 Shipping Policy:
1.4.1 Shipment processing time
All orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays.
If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.
In the event of back-orders, due to products being out-of-stock, please allow 1-2 weeks to process your order. Delays may be expected.
1.4.2 Damages
Minimotors NYC is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim.
Please save all packaging materials and damaged goods before filing a claim.
1.5 Waiver and Release of Liability:
IN CONSIDERATION OF the risk of injury that exists while participating in Purchase, Servicing, Upgrading and Usage of Minimotors/Minimotors NYC Products and Devices (hereinafter the “Activity”);
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor,” “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under the 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge MINIMOTORS NYC, located at 79 Madison St, New York, NY 10002, United States, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THE ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. I further agree to assume all costs involved in the event of injuries and agree to be financially responsible for any costs incurred as a result of any treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a person’s physical and mental limits and may carry it with potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I agree and abide by the decision and instructions of MINIMOTORS NYC official or agent, regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND CAREFULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE MINIMOTORS NYC AND ALL OF ITS RELEASEES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST MINIMOTORS NYC FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of MINIMOTORS NYC, its members and employees.
I agree that this Release shall be governed for all purposes by New York law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered in free will through our online check-out platform, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, the Customer and MINIMOTORS NYC agree that this agreement is clear and unambiguous as to its terms and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as to limited.
I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY APPROVING TO THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM APPROVING IT OF MY OWN FREE WILL.
1.6 Changes in Terms
We reserve the right, at our sole discretion, to modify or replace these Terms and material at any time without prior notice. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you may stop using the Service. We reserve the right to update, change or replace any part of these Terms of Service, Terms and Conditions, material used and product information by posting updates and/or changes to our website. We do not warrant or represent the accuracy or completeness of information provided on this site. The Terms and conditions are bounded to all Minimotors NYC customers who has made their purchases from this website automatically regardless of period of time.
BY AGREEING TO THESE TERMS AND CONDITION, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS BY MINIMOTORS NYC.
