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Terms and Conditions

1 Scope

All deliveries of goods and services ("Products") ordered from Torqeedo, Inc. ("Torqeedo") via the Torqeedo online store (the "Online Store") at Internet address www.torqeedo.com/us ("Website") are governed by these Terms of Sale together with the Terms of Use and Privacy Policy. THESE TERMS OF SALE CONTAIN AN ARBITRATION PROVISION.

Any order placed and purchase made through the Website is subject to these Terms of Sale. All information collected as part of any order is collected and used pursuant to our Privacy Policy. If you do not agree to these Terms of Sale, or the Terms of Use or the Privacy Policy, do not complete your order. By placing your order, you are agreeing to these Terms of Sale.

2 Product

Please note that the color of the Product received may vary from the representation in the Online Store.

We reserve the right to make Product design modifications at any time; however, we are not obliged to make any modifications to Products that have already been shipped.

3 Order Acceptance

All orders are subject to acceptance by Torqeedo. We reserve the right, in our sole discretion, to refuse or cancel any order for any reason, including without limitation the following:

Limitations on our ability to accept orders for shipment to addresses outside the United States
Limitations on quantities available for purchase
Inaccuracies or errors in product descriptions, images, or pricing information
Problems identified by credit and fraud avoidance services

We may also require additional verifications, approvals or other information before accepting any order. After we receive your offer to purchase products, we will send an order acknowledgement to the email address you provide listing the contents of your requested order. This e-mail serves only as information to the purchaser acknowledging that the order has been received.

We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Your order is accepted when we send you a separate email acceptance of the order or when Torqeedo ships the products ordered. If we are unable to accept your order for any reason, we will attempt to contact you using the information contained in your Website registration. If we are unable to contact you we will cancel your order entirely.

4 Payment

Payment must be made by credit or debit card, via PayPal or via ACH credit at the time of purchase.

If you pay by credit or debit card, the amount of your order will be reserved on your card at the time the order is placed. Torqeedo will charge your credit or debit card upon shipment. Payment by credit or debit card is subject to the approval of the card issuer, and Torqeedo will not be liable in any way if a card issuer refuses to accept a credit or debit card for any reason. If your credit or debit card is declined, your order will be cancelled.

If you pay via PayPal, all payments are processed through the PayPal system in accordance with PayPal's standard processes.

If you are a corporate customer, you may also pay by ACH credit. Corporate customers may contact Torqeedo to arrange for payment terms, which are permitted solely in Torqeedo's discretion. Any late payments will accrue interest at the highest rate permitted by law.

You can change your default payment method by accessing your user account via the Website. All Product remains the property of Torqeedo until paid in full.

5 Order Cancellation

Our goal is always to ship your orders promptly, so it often is not possible to cancel an order once it is processed. If you wish to cancel an order, please call our Customer Service Department at 1-815-444-8806 to see whether we can change, cancel or correct the order before it ships.

6 Product Warranty

Products are subject to the Torqeedo Limited Warranty, which is made available at warranty policy. Torqeedo has no responsibility or liability for any products that have been modified after shipment by Torqeedo.

THE FOREGOING WARRANTY IS THE ENTIRE AND EXCLUSIVE WARRANTY REGARDING THE PRODUCTS AVAILABLE ON THE WEBSITE AND IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER. EXCEPT AS PROVIDED HEREIN, TORQEEDO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE PRODUCTS BEING SOLD, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TORQEEDO, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY, AND NO SUCH PERSONS HAVE AUTHORITY TO MODIFY ANY ASPECT OF ANY WARRANTY OR CREATE ANY OTHER WARRANTIES.

7 Limitation of Liability

To the fullest extent permitted by applicable law, Torqeedo has no liability for any indirect, consequential, incidental, punitive or exemplary damages arising from the use of the Website, the Products or these Terms of Sale, even if such damages are reasonably foreseeable or if Torqeedo is advised of the possibility of damages.

Certain jurisdictions do not allow for the disclaimer of certain warranties and liability, so the above may not apply to you.

8 Return Policy

We do not allow for the return of a product once shipped, unless the Product is damaged and eligible for return under our Limited Warranty Policy. If you wish to return an undamaged Product, you may contact our Customer Service Department at 1-815-444-8806. Any Product returns are solely within Torqeedo's discretion.

9 Spare Parts

We will make available spare parts for Products for a period of five years after the purchased Product has been delivered. Spare parts will be sold at the then-current price in the relevant applicable spare parts price list.

10 Shipping and Taxes

Unless otherwise noted, shipping and handling fees will be charged separately. Products are typically delivered by ground or by express overnight delivery, if available. Larger orders (either by volume or weight) will be shipped freight via common carrier. You will be able to select your shipping method at check out.

Products with batteries may be identified as hazardous materials for purposes of shipment.

You will be charged all sales, use and similar taxes to the extent required by law.

11 Title and Risk of Loss

Title to products will pass to you when you receive the products and make payment in full, unless such products contain any embedded software. Use of any embedded software may be subject to license restrictions imposed by the owner and licensor of the software and title to any embedded software within any product remains with the owner and licensor of such software. Torqeedo will bear the risk of loss or damage to the products during shipment to you.

12 Order Shortages or Damage

If your order is incomplete or damaged upon delivery, please notify us immediately. Any claims for order shortages must be submitted to Torqeedo within five business days of your receipt of the shipment.

13 Miscellaneous

(1) If individual provisions of these Terms of Sale are found invalid, the validity of the remaining provisions will be unaffected.

(2) These Terms of Sale are governed by the law of the State of Illinois without regard to conflict of law principles. The UN Convention on Contracts for the International Sale of Products (CISG) does not apply to the purchase of Products through the On-line Store.

(3) Any claim, dispute, or controversy arising from or relating to these Terms of Sale or any Product, whether a tort or statutory claim, or a claim seeking monetary, equitable, or other relief ("Claim(s)"), will be resolved by neutral binding arbitration administered by the National Arbitration Forum ("NAF"), under the Code of Procedure ("Code") of the NAF in effect at the time the Claim is filed. Claims include past, present, and future Claims. Any arbitration will take place at a location within the United States federal judicial district in which you reside and will apply the substantive law of the State of Illinois. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY CLAIMS DECIDED THROUGH INDIVIDUAL ARBITRATION. Notwithstanding the foregoing, Torqeedo may seek injunctive or equitable relief through a court of competent jurisdiction in the event of any misuse of its intellectual property, without the posting of a bond, proof of damages, or other similar requirement.

(4) The decision of the arbitrator will be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16. Judgment upon the award may be entered in any court having jurisdiction.

Last updated: 04-15-16