The Accelerator (Throttle)

Consumer Purchase Terms and Conditions

Last updated June 26, 2024 

Welcome to our Consumer Purchase Terms and Conditions (referred to as the “Terms”). These Terms are a legally binding agreement, so it's important to carefully review them. They outline your rights and responsibilities, including the provision that any disputes arising from these Terms will be resolved through arbitration, rather than a jury trial or class action lawsuit. 

1. Application

These Terms govern your purchase of our Products and the use of our e-bikes. Your other interactions with C INVERTER are subject to different agreements, such as:

1. Limited Warranty Terms
2. Terms of Use
3. Privacy Notice
4. Owner’s Manual 

You can find copies of these Terms and other relevant documents related to your purchase on our website. 

2. E-bike Online Or In-Store Orders

If you are buying an e-bike by (i) placing an online order, (ii) visiting a C INVERTER retail store (not for direct in-store purchases of in-stock items), or (iii) using C INVERTER Mobile Service, your order constitutes an offer to purchase. Once we receive your order, we will send you an email confirmation. Your order is considered accepted when we ship the e-bike. Please note that we reserve the right to decline or cancel your order, or limit order quantities, at any time, even after sending a confirmation email, due to reasons such as errors or suspected fraud.

1. Orders Placed Via Affirm. Orders made using Affirm as a payment method through www.cinverter.com will be processed promptly.
2. Occasionally, at our discretion, C INVERTER may offer special promotions, codes, or referral programs for specific sales or product launches. Please be aware that these offers cannot be combined, and we may terminate or pause them at any time. 

3. Refer A Friend Program Terms/Limitations

To be eligible for a Referral Reward, the person being referred must: (i) be a new customer, (ii) provide the name of the individual who referred them at the time of purchase, (iii) make a purchase on www.cinverter.com exceeding the minimum amount specified in the referral offer, and (iv) not use any other ongoing promotions or discounts on their purchase. The referring customers will receive their Referral Reward once the referral is confirmed and the referral credit is approved by a member of our customer service team. Each customer is limited to referring a maximum of two (2) people per household. A referring customer can only earn one (1) referral credit per person referred. If a referred individual returns a purchased product, resulting in their total order value falling below the minimum purchase amount, the referral credit given to the referring customer will be revoked. Customers are not permitted to refer individuals who already have an existing account on www.cinverter.com under a different email address.

Any misuse of this offer, as determined at our discretion, may lead to the withdrawal of (i) the referring customer's referral credit, (ii) the referred person's promo code, and (iii) the ability of both parties to participate in current or future promotions. Referral credits cannot be used for previous purchases and are not exchangeable for cash. This referral program is subject to change or termination at any time without prior notice at our discretion. 

4. Shipping

All items have been free of shipping charges since July 26, 2024, until December 31, 2024.

1. Once your order has been shipped, a shipping confirmation email will be sent to the provided email address.
2. We utilize FedEx or other courier services for shipping. Please note that we do not ship to PO BOXES or APO addresses.
3. Orders that include discounted items may require an additional forty-eight (48) hours for processing.
4. For international orders, you must place your order through our Canadian or European websites, and such purchases will be governed by the respective Terms of Purchase on those sites. It is your responsibility to ensure compliance with all relevant local, state, and federal regulations regarding the import and use of electric bicycles. Acceptance of orders from outside the United States is at the sole discretion of C INVERTER.
5. Any changes made to shipping details after an item has been shipped, such as address modifications, order holds, or updates to shipping preferences, may cause delays in receiving the Products, replacements, and/or refunds. If you wish to change the color or size of your e-bike, please do so before your order is shipped.
6. Please be aware that we are not liable for any lost, stolen, or damaged items due to the actions or inactions of FedEx or any other courier service.
7. You are responsible for covering the shipping costs for returning an item. Shipping costs are non-refundable. We recommend using a trackable shipping service and purchasing shipping insurance. We cannot guarantee the receipt of the item you are attempting to return. For more information on our limited warranty and claims process, refer to our Limited Warranty Terms, which are included by reference as part of these Terms.
8. For any third-party shipping methods outside of C INVERTER’s standard shipping process, we are unable to provide any additional shipping information or documentation.
9. Orders placed through our online store (www.cinverter.com) with a shipping address to a C INVERTER retail location will be canceled. To make purchases in-store, please visit a C INVERTER retail showroom near you if available in your areas. 

5. Built and Delivered Program Terms
6. If you reside in specific geographical areas where it is offered, you may have the option to participate in C INVERTER’s Built and Delivered Program (referred to as the “BD Program”). With this program, a C INVERTER representative will deliver your e-bike to your specified address fully assembled, along with any accessories you have purchased, ready for immediate use. The representative will also provide a tutorial on how to operate and make the most of your new e-bike, including guidance on operation and battery charging.
7. The BD Program incurs an additional fee, which C INVERTER reserves the right to adjust at its discretion. You will be able to select the BD Program during checkout, and the relevant fee will be communicated to you before you make your payment.
8. It is your responsibility to arrange a suitable date and time for the C INVERTER representative to deliver and assemble your e-bike. If you are not present at the specified address for the delivery, we will contact you to reschedule. Failure to be present at the specified address on a second attempt will result in a $100 no-show fee.
9. All other terms and conditions outlined in this agreement will apply to your e-bike purchase. Your warranty will commence upon the arrival of your e-bike with the C INVERTER representative. 

6. Ownership
7. Ownership of all Products you have ordered and the risk of loss of such Products will transfer to you when C INVERTER delivers them to the designated shipping carrier. However, if full payment for the Products has not been received before delivery, they will remain the property of C INVERTER until payment is made in full. We reserve the right (in accordance with applicable law) to revoke your usage rights for the Products if payment is not received on time, or if the credit/debit card payment is declined or needs to be refunded for any reason. Ownership of all Products ordered by you and the risk of loss will transfer to you when C INVERTER delivers them to the appropriate shipping carrier.
8. Similarly, if full payment for the Products has not been received before delivery, they will remain the property of C INVERTER until payment is received in full. We reserve the right (subject to applicable law) to terminate your usage rights for the Products if payment is not received on time, or if the credit/debit card company declines payment or requests a refund for any reason. 

7. Return Policy
8. a) To initiate a valid return and receive a refund, you must begin the return process by submitting a return request to C INVERTER via email at support@cinverter.com. Refunds will not be issued for any items returned to C INVERTER outside of this specified procedure. 

1. b) Order Cancellations:

You have the option to cancel an order before it is sent to the warehouse, typically within one business day of placing the order. Once the order has been processed and sent to the warehouse, C INVERTER is unable to cancel it. In this case, you will need to follow the return policy outlined below to receive a refund. 

1. c) Return to Sender / Refused Shipment: If you refuse delivery of a shipment or it is returned to the sender (C INVERTER), you will be responsible for covering the return shipping fees. Refer to the Return Shipping Fee Schedule in subsection (h) for applicable charges. 

1. d) Non-Returnable Merchandise: Consumable Parts (Parts or Accessories) cannot be returned to C INVERTER. Spare or replacement parts, including spare batteries, gift cards, and built & delivered fees, are also non-refundable and non-returnable. It is your responsibility to ensure the accuracy of spare or replacement parts ordered. 

1. e) Returns of New Bike: You can return a new bike to C INVERTER within 30 days of receiving it, provided it is in new condition and still in its original packaging. Customers are required to pay a $129 return shipping fee for the bike, which will be deducted from the refund amount. Refer to subsection (h) for the Return Shipping Fee Schedule. 

1. f) Returns of Used Bike: If you wish to return a bike that has been ridden, it must be done within 30 days of receiving it and have less than 30 miles on the odometer. You will be responsible for a $129 return shipping fee and a 30% restocking fee based on the original purchase price. These fees will be deducted from your refund amount. Please see subsection (h) for the Return Shipping Fee Schedule. 

1. g) Returns of Accessories and Merchandise: Within 30 days of receiving an item, you may return new or used accessories or merchandise to C INVERTER, with the exception of Spare Parts and used rear racks. Bike racks must be new, unused, and in their original packaging to qualify for return. Customers are responsible for the return shipping fees and a 30% restocking fee based on the original purchase price. The return shipping fee will be deducted from the refund amount. Refer to subsection (h) for the Return Shipping Fee Schedule. 

1. h) Return Shipping Fee Schedule: A return shipping fee will be applied to any merchandise returned to C INVERTER, based on the weight and type of the item. Please refer to the Return Shipping Fee Schedule in subsection (h) for detailed information on the fees. 

1. i) Refunds: If an item is returned from an order that used a discount code, the value of the discount code will be deducted from the refund amount, regardless of the number of e-bikes being returned. Refunds will be issued after the e-bike is received and inspected. 

Process: When returning approved items, please use the provided shipping label during the return merchandise authorization process. 

8. E-bike Performance:

Please note that the estimated mileage/range on a single charge for our e-bikes is not a guarantee but an approximation. Actual range can vary due to factors such as battery age, temperature, assist level, speed, payload, and terrain. Under certain conditions, the mileage/range may be lower or higher than expected. C INVERTER reserves the right to use substitute parts, materials, or equipment that meet their quality standards. 

Alteration: Any alterations, modifications, or changes made to an e-bike after purchase that impact its safety, operation, or mechanics may void the Limited Warranty and are done at your own risk. 

9. E-bike Safety

Important Safety Information: Please review before making your purchase.

16. C INVERTER’s e-bikes are not intended for use by individuals under the age of 16. Operating an e-bike requires a level of judgment and skill that younger individuals may not possess, potentially leading to damage to the e-bike, other property, serious injury, or even death. It is your responsibility to ensure that the operator is at least 16 years old and complies with local laws and regulations regarding age and qualifications.
17. Riding any bike, e-bike, e-trike, or similar vehicle without a helmet significantly increases the risk of sustaining a serious head injury or death. Always wear a properly fitted helmet that covers your forehead. Many locations have specific safety requirements in place. You are fully responsible for ensuring that both the operator and any passengers adhere to applicable helmet and safety regulations wherever you ride.
18. All bikes, e-bikes, e-trikes, or similar vehicles are subject to wear and tear, with certain components and fasteners potentially loosening due to vibrations and stress from regular use. It is crucial to inspect your e-bike/e-trike before each ride, following the checklist provided in the owner’s manual. Failure to do so could result in property damage, serious injury, or death. You are accountable for conducting a pre-ride safety check on your e-bike/e-trike before every ride.
19. Riding any bike, e-bike, e-trike, or similar vehicle carries inherent risks, including the possibility of serious injury or death. You accept full responsibility for understanding and managing these risks associated with using the e-bike, e-trike, or related products and activities.
20. Improper assembly, maintenance, or usage of your e-bike/e-trike can lead to component failure, loss of control, serious injury, or death. Prior to riding, it is essential to thoroughly read and comprehend the entire owner’s manual provided with your e-bike/e-trike, as well as any documentation for subcomponents or accessories. Unless assembled by C INVERTER’s retail or service team, you are fully responsible for the correct maintenance, assembly, and reassembly of your e-bike/e-trike.
21. Using a damaged battery or charger can not only harm additional components but also pose a fire hazard. Cease using your battery and charger immediately and contact C INVERTER if any of the following issues arise: (1) fraying, broken insulation, or other damage to your charger’s power cord, output cable, or any electrical cables on your e-bike/e-trike, (2) physical damage, malfunction, or abnormal performance of your battery or charger, (3) significant impact on your battery or charger from a fall, crash, or shipping damage, even without visible signs of damage, (4) submersion in liquid or extensive water exposure or damage to your battery, or (5) excessive heat, unusual odors, popping sounds, or other abnormalities in your charger (note: it is normal for the charger to become warm during use). Properly dispose of the battery or charger in accordance with local regulations as soon as possible.
22. By using the e-bike/e-trike, you agree to RELEASE AND HOLD HARMLESS C INVERTER from any and all liabilities, causes of action, claims, and demands arising from injuries, deaths, losses, or harm sustained by you, others, or property as a result of your use of the e-bike/e-trike. This RELEASE encompasses claims related to negligence, defects in design, manufacture, maintenance, assembly, or inspection of the e-bike/e-trike. 

10. Pre-Orders, Backorders, and Cancellations

Our backorder process applies to e-bikes that are temporarily out of stock but have been previously available. For all pre-orders and backorders, your credit/debit card will be charged at the time of purchase with no delay in payment collection, regardless of the anticipated shipping date. Any cancellation of a pre-order or backorder is subject to our cancellation policy outlined in Section 7(b) above. 

11. Payments

Our website operates on Shopify, and all payments made to C INVERTER are processed through Shopify’s payment portal. C INVERTER reserves the right to decline or refund payments at its discretion, without providing a reason. In the event that we accept a pre-order for any product, your account or chosen payment method will be charged upon approval by C INVERTER, regardless of the expected shipping date. If a credit card chargeback is issued for an order, the Limited Warranty for that order will be put on hold until the chargeback is resolved.

1. Tax. All applicable taxes, including sales tax, will be collected on orders where required by law.
2. Financing. Qualified buyers have the option to finance e-bikes through C INVERTER’s consumer financing partners. The eligibility criteria and terms associated with financing an e-bike purchase are determined solely by the financing partner. It is your responsibility to review and understand all financing terms and conditions, as C INVERTER bears no responsibility for any financing arrangements. 

12. Liability

OUR LIABILITY TO YOU IS LIMITED TO LOSSES DIRECTLY CAUSED BY OUR BREACH OF THESE TERMS AND THAT ARE REASONABLY FORESEEABLE. OUR LIABILITY FOR SUCH LOSSES WILL NOT EXCEED THE PURCHASE AMOUNT OF THE PRODUCTS INVOLVED. WE ARE NOT LIABLE FOR ANY OTHER LOSSES. THESE TERMS DO NOT RESTRICT OUR LIABILITY (IF ANY) FOR: (i) DEATH OR PERSONAL INJURY DUE TO GROSS NEGLIGENCE; (ii) FRAUD; (iii) FRAUDULENT MISREPRESENTATION; OR (iv) ANY MATTER THAT CANNOT BE LEGALLY EXCLUDED. YOU MAY HAVE ADDITIONAL RIGHTS UNDER THE LAW, AND THESE TERMS DO NOT AFFECT THOSE RIGHTS. 

We recommend checking with your insurance provider to confirm coverage in case of an accident. 

13. Disclaimer of Implied Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, ALL PRODUCTS OFFERED BY C INVERTER, INCLUDING E-BIKES, ARE WARRANTED ONLY AS STATED IN THE PRODUCT WARRANTY PROVIDED. OTHERWISE, THE PRODUCTS ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," AND YOU BEAR THE ENTIRE RISK OF USE AND PERFORMANCE. C INVERTER, ITS AFFILIATES, SUPPLIERS, AND LICENSORS DISCLAIM ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. SPECIFICALLY, C INVERTER, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) REGARDING MEETING YOUR REQUIREMENTS OR UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE ACCESS; (B) CONCERNING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF INFORMATION OR CONTENT; OR (C) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. 

14. Disclaimer of Certain Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, C INVERTER, ITS AFFILIATES, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; OR ANY OTHER FINANCIAL OR OTHER LOSSES ARISING FROM OR RELATED TO THESE TERMS OR THE PRODUCTS, EVEN IF WARNED OF THE POSSIBILITY OF SUCH DAMAGES. 

15. Acknowledgment and Indemnification

By using our Products, including e-bikes, you acknowledge the inherent risks and dangers, both anticipated and unanticipated. These risks may lead to injury, death, illness, physical or mental harm to yourself, your property, third parties, or the property of C INVERTER. You agree to release, waive, defend, indemnify, and hold harmless C INVERTER, its directors, officers, employees, agents, members, partners, suppliers, and licensors from any claims or demands, including reasonable attorneys’ fees, arising from: (a) your purchase or use of any Products; (b) any violation of these Terms by you; or (c) your infringement of another party’s rights or applicable law. C INVERTER reserves the right to take over, at its own expense, the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with C INVERTER in asserting any available defenses. 

16. Dispute Resolution and Binding Arbitration

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO LITIGATE IN COURT, HAVE A JURY TRIAL, PARTICIPATE IN CLASS OR REPRESENTATIVE CLAIMS, AND ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION’S COMPREHENSIVE ARBITRATION RULES. YOU AND C INVERTER AGREE TO RESOLVE ANY DISPUTES EXCLUSIVELY AND FINALLY THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS YOU AND C INVERTER WAIVE THE RIGHT TO LITIGATE DISPUTES IN COURT, BEFORE A JURY, AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. 

1. This arbitration requirement applies to any claim or dispute of any kind between you and C INVERTER, including those in contract, tort, or otherwise, whether pre-existing, present, or future, and involving statutory, common law, or equitable issues. This includes disputes related to your purchase of the Products, these Terms, or C INVERTER’s marketing or advertising.
2. The decision of the arbitrator(s) is final and binding and may be entered as a judgment in any court with jurisdiction.
3. Claims cannot be arbitrated on a class or representative basis. Both you and C INVERTER agree to arbitration only on an individual basis. Neither party can join or consolidate claims or participate in any claim as a class representative or member. If any part of this arbitration agreement is deemed unenforceable, the unenforceable part will be removed, and the remaining arbitration terms will be upheld (without allowing for class arbitration). This provision overrides any conflicting terms in other agreements.
4. You and C INVERTER agree to keep the arbitration confidential. The proceedings and any related information must not be disclosed beyond the arbitration process, except as required by law in judicial proceedings related to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
5. This arbitration is governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). 

17. Notice and Updates

C INVERTER will provide all necessary notices (including legal notices) through any lawful method, such as making them available on the Site or sending them to any email or mailing address you have provided. You understand that failure to provide accurate and current contact information to C INVERTER may result in communication issues. 

18. Governing Law

These Terms and any disputes between you and C INVERTER will be governed by the laws of the State of California, without considering conflicts of laws. 

19. General

Section titles are provided for convenience and hold no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless specified by terms like “only” or “solely.” C INVERTER’s failure to act regarding a breach by you or others does not waive its rights to act concerning subsequent or similar breaches. A waiver will only be valid for C INVERTER if it is in a written document signed by C INVERTER. If any provision of these Terms is deemed illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining terms, covenants, and restrictions will continue to be fully effective. You and C INVERTER intend for the provisions of these Terms to be enforced to the maximum extent permitted by applicable law. Therefore, you and C INVERTER agree that if any provision is considered unenforceable, where feasible, it will be adjusted to make it enforceable, which may involve its removal. C INVERTER may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notifying you, and these Terms will be binding on and beneficial to C INVERTER’s successors and assigns. C INVERTER retains the right to assign these Terms, at its sole discretion, without notifying you. You are not permitted to assign, transfer, or sublicense your rights (if any). These Terms (including any integrated terms) and any Additional Terms constitute the complete agreement between you and C INVERTER regarding the Site. Both you and C INVERTER confirm to each other that, in entering into this agreement, neither C INVERTER nor you have relied on or will have any right or remedy based on any statement, representation, warranty, or assurance other than those expressly stated in these Terms (including any integrated terms) and any Additional Terms. This will not restrict or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and C INVERTER, or C INVERTER’s successors and assigns, will have the right to enforce these Terms. 

20. R-E-S-P-E-C-T Find Out What It Means To Us

We take pride in embodying nothing but respect, kindness, patience, friendliness, and all other positive qualities that can be included, and it is crucial that these attributes are reciprocated by our customers towards our team. We understand that when you reach out to customer support via call/email, it is often due to an issue or problem with your purchase (which is never ideal!). We also acknowledge that these issues can lead to frustration and sometimes anger; however, we will not tolerate rude or vulgar language directed at our staff. A warning will be issued if such behavior occurs, following which we reserve the right to refuse service, close your account, provide refunds, void warranties, or cancel orders, all at our discretion. Once this decision is made, it is final and irreversible. 

21. How To Contact C INVERTER

If you have any questions or feedback regarding these Terms, you can reach out to C INVERTER through any of the available methods on our website at www.cinverter.com or by mail at support@cinverter.com, thank you.