Terms & Conditions

ALL TRANSACTIONS WITH EJAVELIN ARE GOVERNED BY THE POLICIES, TERMS AND CONDITIONS SET FORTH BELOW IN THESE TERMS & CONDITIONS ("AGREEMENT"). PLEASE READ THIS AGREEMENT CAREFULLY. YOUR REGISTRATION INDICATES YOUR ACCEPTANCE OF THESE POLICIES, TERMS, AND CONDITIONS. EJAVELIN MAY AMEND THIS AGREEMENT AT ANY TIME BY POSTING THE AMENDED TERMS ON OUR COMMERCE SITE. EXCEPT AS STATED BELOW, AMENDED TERMS WILL BECOME EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED ON OUR COMMERCE SITE.

1. SERVICES. eJavelin sells electric vehicles (“EV”) including ebikes, EV accessories, and EV parts ("Products"). eJavelin reserves the right to amend, cancel or alter these offerings at eJavelin’s sole discretion.

2. REGISTRATION. Registration requires the completion of the online user registration form with accurate and complete contact names, principal business addresses, telephone numbers, email addresses, an accurate and complete Customer Profile Form, as well as acceptance of eJavelin’s Terms and Conditions Agreement. There are no fees to register. eJavelin reserves the right to refuse registration to any individual, company, or entity.

3. TRANSACTIONS. As a registered customer, you may use the online store to buy available Products. Or you may buy Products through a dealer. The Products listed in the online store may be subject to Sales Restrictions. For any sales restricted product, you agree to comply with the restrictions as stipulated by eJavelin. Quantities and prices shown are subject to change at any time. eJavelin does not take responsibility for inaccurate pricing or inaccurate quantities, and reserves the right to correct any errors on any orders processed.

4. SHIPPING. eJavelin typically ships orders within 48 business hours of receipt of the funds from you. You are responsible for all shipping charges including freight, insurance, import taxes, duties and other similar charges.

5. PAYMENT METHODS. eJavelin’s standard terms are wire transfer in advance. Invoicing will include wire transfer fees of the originating bank. Customers with satisfactory audited financials or an exemplary payment history with eJavelin may inquire about COD or Open Credit terms. For purchasing convenience, domestic credit cards are also accepted and invoicing will include a surcharge to cover transaction fees. For wire transfer and credit card orders, all applicable funds must post to eJavelin’s bank account in a three day time frame. If funds have not posted to eJavelin’s bank account in the stipulated time frame, eJavelin retains the right to sell or remarket the product at our sole discretion. Orders which are processed for shipping and subsequently cancelled, will result in a $200 per line item restocking fee to your account. Failure to pay the restocking fee will result in suspension of registration.

6. TAXES. Any sales tax, use tax, transfer tax, or any other tax or fee which may be assessed by any jurisdiction having taxing authority over any transaction conducted with eJavelin will be the responsibility of the Buyer. eJavelin is not responsible for the calculation of any taxes or the reporting or remittance of any taxes to any taxing authority other than the State of Michigan.

7. WARRANTY. See Warranty and Return policy. eJavelin does not warranty used, refurbished, as is, test fail, production fallout, or repair stock conditions. A Return Merchandise Approval (RMA) will be issued for all warranty applicable product. Equipment sent into eJavelin without an RMA will be refused and returned to the sender at their cost.

8. WARRANTY DISCLAIMER. WE PROVIDE OUR SERVICES AND THE WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THE WEB SITE, OUR SERVICES OR ANY PRODUCTS YOU MAY PURCHASE FROM EJAVELIN. We do not guarantee continuous, uninterrupted or secure access to our services or our web site. The operation of the web site may be interfered with by numerous factors outside our control. We are not responsible for orders that are not processed or are not accepted or for outages that may occur from time to time.

9. LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR LOSS OF PROFITS, LOSS OR USE, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, USE OF THE WEB SITE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF EXPRESSLY MADE AWARE OF THE POSSIBILITY THEREOF. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE (WHETHER SUCH LIABILITY ARISES FROM BREACH OF WARRANTY, BREACH OF THIS CONTRACT OR OTHERWISE, AND WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY) IS LIMITED TO THE AMOUNT OF FEES WE RECEIVE FOR THE TRANSACTION GIVING RISE TO LIABILITY.

10. COPYRIGHT AND TRADEMARK NOTICE. The web site is owned and operated by eJavelin. Unless otherwise specified, materials appearing on the web site, including the text, site design, logos, graphics,icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of eJavelin. All software used on the web site is the sole property of eJavelin or vendors supplying the software. You may use the content of the web site only for the purpose of viewing and buying the available Products. No materials from this web site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this web site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. All trademarks or service marks are property of their respective owners. The use of any trademark or service mark without the express written consent of the respective owner is strictly prohibited.

11. YOUR INFORMATION. For purposes of this Agreement, "your information" means any information you provide to us or other users in the registration process, or in any correspondence, email or otherwise. You are solely responsible for your information. You represent and warrant that your information:(a) will not be false, inaccurate or misleading;(b) will not be fraudulent;(c) will not infringe any third party’s proprietary rights or rights of publicity or privacy;(d) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;(e) will not be obscene or lewd; and (f) will not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, or expropriate any system, data or personal information. We will only use your information in accordance with our Privacy Policy.

12. LINKS. The web site may contain links to other sites on the Internet that are operated by third parties. You acknowledge that eJavelin is not responsible for the operation of or content located on or through any such site.

13. SUSPENSION, TERMINATION. Your registration may be terminated or suspended by eJavelin if you do not comply with this Agreement, our policies and procedures, or for any reason we determine isnecessary, at eJavelin’s sole discretion, to protect eJavelin and other registered members. You also have the right to terminate this Agreement and your registration at any time by emailing us at info@ejavelin.com.

14. LEGAL COMPLIANCE. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding the use of our web site and purchase of items.

15. INDEPENDENT CONTRACTOR STATUS. This Agreement and your registration in no way constitute or give rise to a partnership, joint venture or other relationship between the parties. Both parties will operate under the terms of this Agreement as an independent contractor and not as an agent for the other.

16. DISPUTE RESOLUTION. For sales to any buyer incorporated in or a resident of the United States, the parties acknowledge and agree that the appropriate courts sitting in the Eastern District of Michigan, Southern Division or in Oakland County, Michigan, U.S.A., will have sole and exclusive authority to hear and adjudicate any dispute arising out of or related to this Agreement and each party hereby irrevocably consents to the jurisdiction of such courts. For sales to a Buyer incorporated outside the United States or a non-United States resident, any and all claims, controversies or disputes, whether in contract or in tort, arising out of or related to this transaction or the breach, termination or validity of any agreement related hereto or arising out of or related to the sale or use of any items furnished (a "Dispute") will be resolved solely by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") at the offices of the AAA in Detroit, Michigan and conducted in English. Each party will appoint one arbitrator with the two arbitrators thus appointed selecting a third arbitrator. The arbitrators must be practicing or retired attorneys. The arbitrators will be empowered to resolve all Disputes, whether in contract or in tort, and to award any remedies authorized by this Agreement and any applicable statute or common law. Discovery will be allowed as contemplated by the United States Federal Rules of Civil Procedure. All arbitration proceedings, including all evidence and statements, will be confidential and will not be used or disclosed for any other purpose. Each party will pay its own attorneys’ fees and expenses; all other expenses of arbitration will be equally divided between the parties, provided, however, the arbitrators will have the authority to assess any of the foregoing costs against any party acting in bad faith. The award of the arbitrators will be final and binding and is the sole and exclusive remedy of the parties regarding any Disputes hereunder except that nothing contained in this Agreement will prohibit either party from seeking injunctive relief or equitable remedies in a court of competent jurisdiction or pursuing other equitable remedies. A judgment on the award may be entered in any court having jurisdiction thereof. The award will be in U.S. dollars and will earn interest from the date of the award until satisfied in full at the United States prime interest rate as reported in The Wall Street Journal on the business day immediately preceding the date of the award. Should either party bring any legal action against the other with respect to any claim required to be arbitrated under this Agreement by any method other than arbitration, the other party will be entitled to recover from such party all damages, costs, expenses and attorney’s fees incurred as a result of such action.

17. NOTICES. All notices will be given by email as follows: (a) if to eJavelin, to info@ejavelin.com;(b) if to you, to the email address you provide to us during the registration process; or (c) such other address as a party specifies. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, or byovernight delivery service, to the address provided by you during the registration process. In such case, notice will be deemed given three (3) days after the date of mailing.

18. GENERAL. This Agreement will be governed in all respects by the laws of the State of Michigan as such laws are applied to agreements entered into and to be performed entirely within Michigan between Michigan residents. The United Nations Convention on Contracts for the International sale of Goods will not apply to this Agreement. You may not sell, transfer or assign any rights or obligations you may have under this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. Headings are for reference purposes only and are not to be used in the construction or interpretation of these terms and conditions. Our failure to act with respect to a breach of any term or provision of this Agreement by you does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.