Terms of service

This website is run by SUNWHEELUSA. The terms "we", "us", and "our" refer to SUNWHEELUSA. SUNWHEELUSA provides this website, including all information, tools, and services available from this website, to you, the user, conditioned on your acceptance of all terms, conditions, policies, and notices described here.

By accessing our website and/or purchasing anything from us, you are participating in our "Service" and agreeing to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any other terms and conditions and policies linked herein and/or accessible via hyperlink. These Terms of Service apply to all Website users, including browsers, suppliers, customers, merchants, and/or content creators.

Please read these Terms of Service carefully before visiting or using our website. By accessing or using any part of this website, you agree to our Terms of Service. If you do not agree to all of the conditions of this agreement, you may not use the website or its services. If these Terms of Service are considered an offer, acceptance is explicitly restricted to these terms.

Any new features or tools added to the existing store are likewise subject to the Terms of Service. This page always contains the most recent version of the Terms of Service. We retain the right to update, amend, or replace any portion of these Terms of Service by publishing updates and/or modifications to our website. It is your obligation to check this page for updates. Your continued use or access to the website following the posting of any changes implies acceptance of those changes.
Shopify Inc. hosts our store. They give us with an e-commerce platform via which we can sell our products and services.


SECTION 1 - ONLINE STORE TERMS AND CONDITIONS

By accepting these Terms of Service, you certify that you are of legal age in your state or province of residence, or that you have granted us permission to allow any of your minor dependents to use this site.

You may not use our products for illegal or unauthorized purposes, and you may not violate any laws in your jurisdiction while using the Service (including but not limited to copyright laws).

You cannot transmit any worms, viruses, or disruptive code.

Violation or failure to comply with any of the Terms shall result in the immediate termination of Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to any individual for any reason and at any time.

You accept that your content (except credit card data) may be transferred unencrypted, which may include (a) transmission across several networks; and (b) modifications to conform and adapt to the technological requirements of connecting networks or devices. Credit card information is always encrypted when transmitted across networks.

You undertake not to replicate, duplicate, copy, sell, resell, or exploit any aspect of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is delivered, unless we expressly grant you explicit permission.

The headings in this agreement are presented for convenience only and do not limit or influence these Terms.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We assume no responsibility if the information on this website is incorrect, incomplete, or out of date. The resources on this website are intended to provide general information only and should not be used as the sole basis for decision making without contacting primary, more accurate, complete, or timely sources of information. Any usage of the materials on this website is entirely your own risk.

This webpage may include some historical information. Historical information is undoubtedly out of date and is offered solely for your reference. We reserve the right to change the content of this website at any time, but we have no duty to update any of the material on our site. You accept that it is your obligation to keep track of changes to our website.


SECTION 4 - CHANGES TO SERVICES AND PRICES
Prices for our goods may change without notice.

We retain the right to amend or discontinue the Service (or any part or content thereof) without prior notice at any time.

We will not be liable to you or anyone else for any modification, price change, suspension, or termination of the Service.


SECTION 5 - GOODS OR SERVICES (if applicable)

Some products or services may be available only online via the website. These products or services may be in limited quantities and can only be returned or exchanged in accordance with our Returns Policy.

We have made every attempt to accurately display the colors and images of our products as they appear in the store. We cannot guarantee the accuracy of any color displayed on your computer monitor.

We reserve the right, but are under no obligation, to limit sales of our products or services to any individual, geographic location, or jurisdiction. We may use this right on a case-by-case basis.

We have the right to limit the number of any product or service we provide. All product descriptions and prices are subject to change without notice at our sole discretion. We retain the right to discontinue any product at any time. Any product or service offered on this website is invalid where prohibited.

We make no guarantee that the quality of any items, services, information, or other materials purchased or received by you will meet your expectations, or that any errors in the Service will be eliminated.


SECTION 6 - ACCURACY OF ACCOUNT AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. We may, at our sole discretion, limit or cancel quantities ordered per person, home, or order. These limits may apply to orders placed from or under the same customer account, with the same credit card, and/or using the same billing and/or shipping address. If an order is updated or canceled, we may attempt to notify you via the email and/or billing address/phone number you provided during checkout. We reserve the right to limit or refuse orders placed by dealers, resellers, or distributors at our sole discretion.

You declare to provide current, complete, and accurate purchase and billing information for all transactions made at our store. You undertake to keep your account and other information up to date, including your email address, credit card numbers, and expiration dates, so that we can process your transactions and contact you as needed.

More information can be found in our Returns Policy.


SECTION 7 - ADDITIONAL TOOLS

We may give you with access to third-party tools that we do not manage, control, or contribute to.

You are aware and agree that we provide access to such tools "as it is" and "as available" without any warranties, representations, or terms of any kind, and without any endorsement. We accept no liability originating from or linked to your use of extra third-party technologies.

Any use of extra tools available through the website is solely at your own risk and discretion, and you must ensure that you are familiar with and approve the terms and conditions under which the tools are provided by the relevant third-party provider(s).
In the future, we may offer new services and/or features through the Website (including the provision of new tools and resources). These additional features and/or services are likewise subject to the Terms of Service.


SECTION 8 - THIRD-PARTY REFERENCES

Third-party materials may be included in some of the content, goods, and services offered via our Service.

Third-party links on our website may take you to websites that are not affiliated with us. We are not responsible for verifying or analyzing content or accuracy, and we do not warrant or accept liability for any third-party materials or websites, as well as any other third-party materials, products, or services.

We are not liable for any loss or damage resulting from the purchase or use of goods, services, resources, material, or other transactions conducted through any third-party website. Before proceeding with any transactions, please carefully read and understand the third party's policies and practices. Complaints, claims, concerns, or questions about third-party products should be addressed to the third party.


SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit certain specific materials (such as contest entries) or, without our request, creative ideas, suggestions, plans, or other materials, whether online, by email, postal mail, or otherwise (collectively, "comments"), you agree that we may edit, copy, publish, distribute, translate, and use any comments you submit to us in any medium at any time and without restriction. We are under no duty to (1) maintain the confidentiality of any remarks, (2) recompense you for any comments, or (3) respond to them.

We may, but are not required to, monitor, edit, or remove content that we believe to be illegal, abusive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property or our Terms of Service.

You agree that your comments won't violate on any third-party rights, including copyright, trademark, privacy, identity, or other personal or proprietary rights. You also agree that your comments will not contain any defamatory, abusive, or obscene material, as well as computer viruses or other harmful software that may interfere with the operation of the Service or any linked website. You may not use a fraudulent email address, impersonate someone other than yourself, or mislead us or any parties about the origin of any remarks. You are completely responsible for any comments you make, including their correctness. We accept no responsibility or liability for any remarks left by you or a third party.


SECTION 10 - PERSONAL DATA

Our Privacy Policy governs how you submit personal information through the store. You can find the Privacy Policy in the appropriate part of the SUNWHEELUSA website.


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, content on our website or Service may contain typographical mistakes, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, product delivery charges, transit times, and availability. We retain the right to correct any mistakes, inaccuracies, or omissions, as well as change or update information or cancel orders, at any time without notice (even after you have made your order).

We are under no duty to update, amend, or clarify any information on the Service or any connected website, including, but not limited to, price information, except as required by law. If no update or refresh date is given for the Service or any linked website, it should be assumed that all information on the Service or any linked website has been modified or updated.


SECTION 12 - PROHIBITED USES

In addition to the other prohibitions set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful activity; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, libel, humiliate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or could be used in any way that would affect the functionality or operation of the Service or any linked website, other websites or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, scanning or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any linked website, other websites or the Internet. We reserve the right to terminate your use of the Service or any linked website for violating any of the prohibited uses.


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We make no warranty, representation, or guarantee that your use of our service will be uninterrupted, timely, secure, or error-free.

We cannot guarantee that the results received from your use of the service will be accurate or dependable.

You accept that we may discontinue the service permanently or terminate it at any moment without prior notice.

You expressly agree that any usage or inability to use the service is at your own risk.

Except as expressly stated by us, the service and all products and services provided to you through the service are provided "as it is" and "as available" for your use, with no express or implied representations, warranties, or conditions of any kind, including all implied warranties or conditions of merchantability, merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstances SUNWHEELUSA, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers or licensors be liable for any personal injury, death resulting from the use of the equipment, losses, claims or any direct, indirect, incidental, punitive special or consequential damages consequential damages of any kind, including but not limited to lost profits, lost revenue, loss of income, loss of income, loss of savings, loss of data, replacement costs or any similar damages of any type, including but not limited to lost profits, lost revenue, loss of income, loss of savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or any products purchased using the service, or for any other claims related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of your use of the service Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability is limited to the maximum extent permitted by law.

In no circumstances can SUNWHEELUSA, our directors, officers, employees, affiliates, subsidiaries, agents, contractors, interns, suppliers, service providers, or licensors be liable for any express or implied guarantee regarding the electric scooter's safety and performance. The electric scooter is delivered "as is" and with all flaws. The customer is responsible for doing regular maintenance and safety inspections to ensure that the scooter is safe to use.

You acknowledge that riding an electric scooter carries inherent hazards, including but not limited to bodily harm, property damage, and death. These risks exist even when the scooter is used for its intended purpose. You freely assume all known and unknown risks associated with the use of the electric scooter, even whether they result from the Company's or others' fault, and you are completely liable for their involvement.

You undertake to follow all applicable local, state, and federal laws and regulations regarding the use of electric scooters, including traffic laws and public safety requirements. You accept that it is your obligation to be aware of and follow all applicable laws and regulations.


SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SUNWHEELUSA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third-party due to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of another.


SECTION 15 – DIVISIBILITY

If any provision of these Terms of Service is found to be illegal, invalid, or unenforceable, it will still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severable from these Terms of Service; this determination will have no bearing on the validity and enforceability of any other remaining provisions.


SECTION 16 – TERMINATION

The parties' duties and liabilities accrued prior to the termination date will survive termination of this agreement for all reasons.

These Terms of Service will be in effect until canceled by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to utilize our Services or by discontinuing your use of our website.

If, in our sole discretion, you are not in compliance with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will be liable for all amounts due up to the date of termination; and/or we may deny you access to our Services (or any part thereof) as a result.


SECTION 17 - ENTIRE AGREEMENT

Failure by us to assert or enforce any right or term of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service, along with any policies or operating rules posted by us on this site or with respect to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including but not limited to any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service will not be held against the party who prepared them.


SECTION 18 – GOVERNING LAW

These Terms of Service, as well as any separate agreements under which we provide you Services, shall be governed and construed in accordance with the laws of SUN RENT Corp, 19380 COLLINS AVE APT 409, Sunny Isles Beach, FL, US, 33160-2462, United States of America, the jurisdiction in which SUNWHEEL USA is headquartered, without regard for conflict of laws principles.

This applies to both domestic and international transactions. Customer agrees to submit to the exclusive jurisdiction and venue of the courts located in the jurisdiction of SUNWHEELUSA headquarters for any dispute arising from or connected to this Agreement or the use of the electric scooter.


SECTION 19 - CHANGES TO TERMS OF SERVICE

This page always contains the most recent version of the Terms of Service.
We reserve the right, at our sole discretion, to update, amend, or replace any portion of these Terms of Service by posting updates and changes on our website. You are responsible for periodically checking our website for updates. Your continued use of or access to our website or Service following the posting of any modifications to these Terms of Service indicates your acceptance of those changes.


SECTION 20 - CONTACT DETAILS

Questions regarding the Terms of Service should be forwarded to us at Info@sunwheelusa.com.