Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

GENERAL TERMS

  • Orders may take 24 to 72 hours to be processed.
  • All prices are subject to change without notice.
  • Prices and images are subject to change without notice.
  • Minor aesthetic substitutions may be made when necessary, contact support if there is an issue and we will do our best to assist.
  • We are not responsible for typographical errors, illustrative errors, or information that is out of date.
  • We accept all major credit cards (VISA, MASTER CARD, DISCOVER) and PayPal.
  • These terms of use are subject to change at any time.

INHERENT RISKS OF E-BIKES OR ELECTRIC OFF-ROAD VEHICLES.

Terms & Conditions RELEASE OF LIABILITY AND ASSUMPTION OF RISK The individual named below (referred to as “I” or “me”) desires to purchase an Electric Bike, Electric Off-Road Vehicle, or eBike (the “Activity”) provided by Luna Cycles, LLC, a California Limited Liability Company with offices located in California (the “Company”). In consideration of being permitted by the Company to participate in the Activity and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this Release of Liability and Assumption of Risk (this “Release”).  I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE. I hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, against the Company, and its officers, directors, managers, employees, agents, affiliates, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This Release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be released by agreement. I understand that by signing this release, I am waiving any and all claims, of any kind arising out of or attributable to my participation in the Activity, including those claims that may be unknown to me, or which I do not suspect to exist at this time. I shall defend, indemnify, and hold harmless the Company (and all other Releasees) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Company (or any other Releasees) arising out of or resulting from any claim of a third party related to my participation in the Activity, including any claims arising out of my own negligence or the ordinary negligence of the Company. I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and their respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Washington County, Utah, and I hereby consent to the exclusive jurisdiction of such courts. BY AGREEING TO THIS CONTRACT, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF [MY PARTICIPATION IN] THE ACTIVITY.

INHERENT RISK OF LITHIUM-ION BATTERIES

  • Lithium-Ion batteries (and other rechargeable batteries) are potentially dangerous. Lithium Ion batteries, especially when subjected to abusive conditions, may become hot, explode, and/or ignite and can cause serious injury to person or damage property. LunaCycle holds no responsibility for any injury or damage caused by the use of any Lithium-Ion batteries (or other rechargeable batteries). You, the purchaser and/or user of any Lithium-Ion Battery or product containing Lithium-Ion Batteries are responsible for the use of such products.
  • When using a Lithium-Ion battery, never connect the positive and negative terminals of the battery to each other with any conductive material (also known as a "short" or "shorting" the battery). This will cause the battery to rapidly discharge energy into the conductive material, heating both the material and the battery, and potentially causing injury or damage from the battery or material becoming hot, igniting, or exploding. Never store your battery with any conductive materials that may short the battery such as necklaces, hairpins, or other metal objects.
  • Keeping your battery in a safe location can help reduce, but not necessarily eliminate, the risks associated with using a Lithium-Ion battery. Never expose your battery to water (especially salt water), allow the battery to get wet, nor store the battery in any location where it may come into contact with water. Always keep your battery in a cool location, and out of direct sunlight. The inside of cars can regularly be tens of degrees higher than the outside temperature, especially during summer and when the car is in direct sunlight. Do not place the battery in or near fire, stoves, microwaves, or other heating devices.
  • Always turn your battery off when not in use. Never charge your battery when unattended. Never allow the battery to become overcharged. Even with the use of recommended smart chargers, damaged or malfunctioning batteries can still become overcharged and become hot, ignite, or explode. Due to this risk, never charge your battery unattended. Immediately discontinue use if at any time the battery emits an odor, feels hot, changes shape or color, or appears abnormal in any way. Never use water to cool down an overheated battery. Never compress, put excessive pressure on, or puncture your battery. If for any reason you come into contact with the acid from inside the battery, rinse well with water or vinegar and immediately seek medical care.

SHIPPING TERMS

  • Your shipping/handling fee is determined by the package’s weight and destination. Value is also determined for insurance purposes only. Some orders are shipped in multiple package.
  • Unless otherwise specified, all shipments are sent by USPS. Expedited services are available upon request, additional charges will incur.
  • Shipping & Handling charge is calculated based on weight and number of boxes.
  • We do not ship to APO/FPO, P.O Box addresses.
  • All customers are responsible for taxes and custom duties where applicable (i.e. shipping outside USA)

CANCELLATION

  • All orders must be cancelled within 48 hours. While we may attempt to cancel / hold / make changes if the order has not shipped, we can not make promises on the outcome.
  • Once the order has shipped it cannot be cancelled.

Support

Our support team wants to help you. Towards that end, if you need support we ask that you be prepared to send picture or video of the issue so we can best help you. If picture or video is not provided when Luna requests it, then support will be limited.

Products are not warrantied for commercial or competition use (pedicabs, delivery vehicles, rental companies)

 

Warranty Disclaimer

With the exception of our prebuilt ebikes or on listings where it is explicitly stated, this site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Luna Cycle LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Luna Cycle LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Luna Cycle LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Note: If you run into a problem we will still do our best to help you, and we encourage anyone having problems to make use of the many resources available, including contacting us directly, or on our forum.

Looking for the warranty on our bikes? See this page

ACCEPTABLE USE POLICY

  • These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by LunaCycle without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
  • Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, or otherwise toxic behavior, is strictly forbidden.
  • Impersonation of others, including a LunaCycle or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.
  • You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
  • You agree to indemnify, defend, and hold harmless LunaCycle, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Trademarks

All trademarks, service marks and trade names of Luna Cycle LLC used in the site are trademarks or registered trademarks of Luna Cycle LLC

Limitation of Liability

Luna Cycle LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site, sold by Luna Cycle LLC, or the performance of the products, even if Luna Cycle LLC has been advised of the possibility of such damages. All products Sold by Luna Cycle LLC are for OFF ROAD USE ONLY. You agree to indemnify, defend, and hold harmless Luna Cycle LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

COPYRIGHT INFORMATION

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Luna Cycle LLC. The collective work includes works that are licensed to Luna Cycle LLC. Copyright 2018, Luna Cycle LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Luna Cycle LLC or purchasing Luna Cycle LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Luna Cycle LLC or to purchase Luna Cycle LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Luna Cycle LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Typographical Errors

In the event that a Luna Cycle LLC product is mistakenly listed at an incorrect price, Luna Cycle LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Luna Cycle LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Luna Cycle LLC shall issue a credit to your credit card account in the amount of the incorrect price.


Termination/access restriction

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Luna Cycle LLC without notice at any time, for any reason.

Luna Cycle LLC reserves the right, in its sole discretion, to terminate or refuse your access to this site and the related services or any portion thereof, or to terminate your accounts and/or cancel orders at any time, without notice, if Luna Cycle LLC believes that your conduct violates the terms and conditions contained herein or applicable law or is harmful to the interests of Luna Cycle LLC or its other customers. The provisions relating to Copyrights, Trademarks, Disclaimers, Limitations of Liability, and Indemnification and Miscellaneous shall survive cessation or termination of your use of this website.

Notice

Luna Cycle LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Luna Cycle LLC.

Participation Disclaimer

Luna Cycle LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Luna Cycle LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Luna Cycle LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Luna Cycle LLC in its sole discretion.

Links to third party sites

This site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of this site and Luna Cycle LLC is not responsible for the content of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Luna Cycle LLC is not responsible for webcasting or any other form of transmission received from any Linked Site. Luna Cycle LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Luna Cycle LLC of the site or any association with its operators. Linked Sites have separate terms of use and policies. Luna Cycle LLC has no responsibility or liability for policies or actions on Linked Sites or for privacy concerns or content of Linked Sites, and you access them at your own risk.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the State of California of the United States of America without regard to conflicts of law principles, and not in any way by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of products sold by Luna Cycle LLC) shall be in the state or federal courts located in El Segundo, California (and agree not to commence any litigation relating thereto except in such courts). Any cause of action or claim you may have with respect to this site (including but not limited to the purchase of products sold by Luna Cycle LLC) must be commenced within one (1) year after the claim or cause of action arises. Luna Cycle LLC’s failure to insist upon or enforce strict performance of any provisions of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Luna Cycle LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Luna Cycle LLC as a result of your use of this site. Luna Cycle LLC’s performance hereunder is subject to existing laws and legal process, and nothing contained herein shall be construed to be in derogation of Luna Cycle LLC’s right or duty to comply with governmental, court and law enforcement requests or requirements relating to your use of this site or information provided to or gathered by Luna Cycle LLC with respect to such use. If any part or provision of these Terms & Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms & Conditions of Use shall continue in effect. Unless otherwise specified herein, the Terms & Conditions of Use specified herein constitute the entire agreement between you and Luna Cycle LLC with respect to this site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Luna Cycle LLC with respect to this site. A printed version of these Terms & Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If you have any questions regarding LunaCycle's Terms and Conditions, please email us at support@lunacycle.com