TERMS AND CONDITIONS

General Terms and Conditions for purchases on WhizRider.com

October, 2019

 

By purchasing your WhizRider through Whizrider.com, you agree to the following conditions. Please read them carefully. WhizRider is a trademark of Smartridr Ltd with registered business address at Suite 10963, 1321 Upland Dr., Houston TX 77043 (subsequent “WhizRider”).

 

PRIVACY

 

Your personal information is important to you and you are important to us. Please review our Privacy Statement, which also governs your use of WhizRider.com, to understand our practices of use of your personal information.

 

COPYRIGHT

 

All content included in or made available through WhizRider.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, etc. are the property of Smartridr Ltd or its content suppliers / partners and protected by United States and international copyright laws. Any distribution without the prior written consent of the content owner is prohibited.

 

INTELLECTUAL PROPERTY AND PATENT

 

WhizRider is a registered product and patented under pending application US20190315307, E20170817185 and HKP1921351. Any non-licensed production or replication of WhizRider, or any parts, is a violation of applicable law and will be prosecuted.

 

YOUR ACCOUNT

 

You may need your own account to use certain WhizRider Services, and you may be required to be logged in to the account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. WhizRider does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the WhizRider Services only with involvement of a parent or guardian. WhizRider reserves the right to refuse service, terminate accounts, terminate your rights to use WhizRider Services, remove or edit content, or cancel orders in its sole discretion.

 

PRICING

 

All prices on WhizRider.com are stated in USD (United States Dollar) and excluding any taxes (sales tax or VAT). Respective taxes for your order are indicated and stated during the check out and payment process. 

 

Prices can be changed by WhizRider at his sole discretion at any time. Any discount and or sales price offered on WhizRider.com can be changed at any time at the sole discretion of WhizRider. 

 

 

SHIPMENTS

 

All orders placed on WhizRider.com will be shipped from the WhizRider fulfillment center in the united states. All purchases of physical items from WhizRider are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

The shipment costs are indicated during the checkout process. For international shipments additional costs may apply based on local rules and regulations. Please check information under international orders and shipments.

 

INTERNATIONAL ORDERS AND SHIPMENTS

 

Orders from outside the United States of America are possible and WhizRider is shipping worldwide. Order to locations outside the United States of America are shipped using INCOTERM DAP (Incoterms 2010). This means that import of the goods is the responsibility of the recipient. WhizRider will do the outmost to support during any import issue. 

 

During the import process additional costs may arise, such as local duties and taxes (e.g. VAT). Those costs are in the responsibility of the recipient. WhizRider does not cover any import related costs for deliveries outside the United States of America.

 

RETURNS, REFUNDS AND TITLE

 

WhizRider does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, WhizRider does not take title to the refunded item. WhizRider only accepts returns and will issue refunds to return and warranty cases where an official “Return Authorization Number” has been issued by WhizRider officials. For more information about our returns and refunds, please see our Return Policy.

 

PRODUCT DESCRIPTIONS

 

WhizRider attempts to be as accurate as possible. However, WhizRider does not warrant that product descriptions are accurate, complete, current, or error-free. If a product offered by WhizRider is not as described, your sole remedy is to return it in unused condition according to the WhizRider return policy.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

It is in our outmost importance to provide our customers with a safe and reliable product.

 

Our processes are designed to ensure that the products sold under whizrider.com meet all applicable standards and regulations within the United States of America. However, WhizRider will not accept any liability or warranty claim nor offering any sort of compensation resulting from misuse or wrong use of the products offered through whizrider.com. Please read the manual carefully to avoid any mis- or wrong use of the products purchased. Customers expressly agree that the use of any product offered through whizrider.com is at their sole risk and liability. It is at the customers sole responsibility to check if the use of the products sold by WhizRider is in line with local legal requirements, laws and directives. WhizRider does not accept any claim, liability or offers any compensation if products have been used not in accordance with local laws and regulations.

 

DISPUTES

 

Any dispute or claim relating in any way to your use of products sold by WhizRider will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

 

By purchasing products through whizrider.com, you agree that the United States Federal Arbitration Act and the laws of Zürich, Switzerland, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and WhizRider.

 

OUR ADDRESS

Europe Rep Office:

Smartridr ag

Gasometerstrasse 9

8005 Zürich

Switzerland

United States Rep Office:

Smartridr Ltd.

Suite 10963

1321 Upland Dr.

Houston TX 77043

USA

https://www.whizrider.com