These Terms of Service (“Terms”) apply to your access to and use of the websites, including without limitation, https://propella.bike (“Site”), pursuant to which we make available our unique electric bikes and other products for purchase (“Products”) (collectively, the “Services”) provided by Propella Electric LLC (“Propella” or “we”). By clicking “I Accept” or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15.If you do not agree to these Terms, do not use our Services.
If you have any questions about these Terms or our Services, please contact us on our website contact form. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
Pre-Order Notes:
Pre-order (back-order) delivery timeline is available on our website.
Pre-order delivery timeline is an estimate and not an exact date.
The delivery timeline shown on the website is subject to change. We will do our best to notify customers of any changes in delivery date via email notifications as soon as possible.
Full payment will be collected upon pre-order purchase.
Cancellation period: No pre-order cancellation accepted after the shipping label has been printed.
A request for cancellation/refund after the package has shipped must be done via normal return process. For more information please visit our return policy.
Shipping notes:
IN-STOCK ITEMS WILL SHIP WITHIN 1-2 BUSINESS DAYS
E-bikes and batteries are shipped via ground service. The shipping process typically takes 2-5 business days depending on the final destination address.
WE CURRENTLY SHIP TO US (EXCLUDING ALASKA AND HAWAI) AND CANADA.
P.O. BOX SHIPPING ADDRESS IS NOT ACCEPTED.
Propella is not responsible for loss, or any form of incident due to shipping carrier service interruptions, delay, or dispute with the receiver.
An automated email with a tracking number will be sent to the email address entered during the checkout process. It is the buyers responsibility to check the shipping tracking status.
We require delivery signatures on all e-bike packages.
For international shipments going to Canada, all taxes and duties are calculated and paid during the checkout process.
Changes in delivery shipping address will not go into effect unless approved and confirmed by propella
Propella is not responsible for shipping delays due to logistical reasons beyond our control.
You must be at least 18 years of age to use our products and services. If you are under 18 years of age (or the age of legal majority where you live), you may use our products and services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
The Propella Mini has a smaller frame relative to other models, however, this product is not intended to be designed, advertised or sold as a children's bicycle. If you are a parent or legal guardian of a user under the age of 18 who is riding the Propella Mini, you agree to be fully responsible for the acts or omissions of such user in relation to the product.
2. Payments; Ordering & Availability; Billing
You agree to provide accurate and up-to-date payment and contact information at the time you order any Product. We have contracted with a third-party payment processor to facilitate purchases made on the Site. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by us. After you place your order, we will send you a confirmation email (the “Order Confirmation”). We strive to provide accurate pricing information regarding the Products available on the Site. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a Product whose price was incorrectly posted on the Site as a result of an error. If this occurs, we will notify you by email. The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock or available for pre-order when you place the order and sold out when we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you pre-order these Products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order.
Unless otherwise specified, prices quoted are exclusive of: (i) the costs of shipping or carriage to the agreed place of delivery; and (ii) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us when you submit your order.
All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.
We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy is to return the item, unless otherwise specified in writing by us. We occasionally run promotions or provide limited-time offers for our Products. Please review the promotion or offer for eligibility and other terms and conditions.
3. Delivery
Your order will be fulfilled by the approximate delivery date as shown on the website and/or on the Order Confirmation, unless there are exceptional circumstances and except in the case of pre-orders. Pre-order delivery timelines are estimates only, and Propella does not guarantee delivery of pre-ordered Products by any date. The delivery timeline shown on the Order Confirmation is subject to change, and Propella will use commercially reasonable efforts to notify you of significant changes to the delivery timeline. Propella is not responsible for loss, delay, or any form of incident due to shipping carrier’s error or service interruptions
Your order will be delivered to the delivery address that you specify when placing your order. If we are unable to deliver to your delivery address, for example if your delivery address is geographically remote or outside of our service, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Products comprised within the same order cannot be delivered to different addresses. We require delivery signature on all electric bike orders.
The Product(s) ordered will be at your risk from the time you receive the Product(s). Ownership of the Product(s) ordered will also pass to you upon your receipt of the Product(s), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
4. Warranty, Repairs, and Returns
Propella offers a limited one-year warranty. If your Product fails to operate normally within the first twelve (12) months of delivery, Propella will repair or replace the Product, in Propella’s discretion. This limited warranty will not be available for (i) normal “wear and tear” and damage to electric bike components, such as tires, tubes, brake pads, chains, cables, gears, etc.; (ii) damage due to neglect, abuse, improper assembly, improper or inadequate maintenance, modifications, accidents, or noncompliance with the user guide or product warning labels; (iii) damage due to extreme temperature or water immersion; (iv) Products in which the battery or other electrical components have been tampered with; (v) countries or regions in which Propella does not offer Products for sale or distribution. For more information, please see our Warranty & Return page.
Warranty period starts the day YOUR package is shipped, or the day the product is picked up from our local store.
PrOpella offers a return policy. You may contact us and request a return within THE RETURN PERIOD. For more information, please see our Warranty & Return page.
Professional assembly by a certified bike shop or mechanic is recommended. Assembly instructions are provided on our website, however, propella shall not be responsible for damage, incident, or injury due to improper assembly of the product or any accessories.
Periodic inspection and maintenance service on your e-bike is highly recommended for safety, reliability, and optimum performance.Propella shall not be responsible for any damages, incident, or injury due to neglect, or improper or inadequate maintenance, modifications, or noncompliance with the user guide or product warning labels.
It is the rider’s responsibility to check the brakes as well as tightness of bolts or quick-release levers before each ride.
Propella shall not be responsible for damage, incident, or injury due to alterations and modifications to the product. this includes installation of parts or accessories not sold by propella.
Use of any third-party or unauthorized electrical parts (motor, battery, controller, charger, etc.) will void the warranty
5. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Products or Services. You will not:
Engage in any rude, harassing, threatening, intimidating, vulgar, predatory or stalking conduct or language;
Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
Sell, resell or commercially use our products or services;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our products or services, except as expressly permitted by us or our licensors;
Modify our products or services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
Use our products or services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our products or services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our products or services or do anything that might discover proprietary information or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
Develop or use any applications that interact with our Services without our prior written consent;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Bypass or ignore instructions contained in our robots.txt file; or
Use our products or services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
2. Enforcement of this Section 5 is solely at Propella’s discretion, and may include Propella refusing service or canceling and refunding orders and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
3. Please note that parental control protections (such as computer hardware, software or filtering services) may be commercially available to assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections should be available at: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers (last checked on March 28, 2021).
6. Ownership; Limited License
The Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content, including but not limited to use of framing or mirrors, except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, non transferable, non-sublicensable, revocable license to access and use the Site for your own personal, noncommercial use.
7. Trademarks
“Propella” and our logos, our product or service names, our slogans and the look and feel of the Product or Services are trademarks of Propella and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
8. Feedback
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Propella or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Propella’s sole discretion. You understand that Propella may treat Feedback as nonconfidential.
9. Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Propella does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
10. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Propella and our officers, directors, agents, partners and employees (individually and collectively, the “Propella Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Product or Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any Claims, cooperate with Propella Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Propella Parties will have control of the defense or settlement, at Propella's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Propella or the other Propella Parties.
11. Disclaimers
Your use of our Product or Services is at your sole risk, and you are solely responsible for your own safety and actions while operating any of our Products.
Never ride an electric bike without a helmet or at night without proper lighting.
The Propella electric bike is only suitable for combined rider and cargo weight* up to:
MINI: 210 lbs
SS & 7S: 230 lbs
9S PRO Step-Thru: 250 lbs
9S PRO SteP-OVER: 260 LBS
*The above rider weight limits are based on optimum performance, reliability, and safety.
PROPELLA E-BIKES ARE NOT INTENDED FOR OFF ROAD USE.
Except as otherwise provided in a writing by us, our Services and any Content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Propella does not represent or warrant that our Product or Services are accurate, complete, reliable, current or error-free. You assume the entire risk as to the quality and performance of the Services.
12. Limitation of Liability
To the fullest extent permitted by applicable law, Propella and the other Propella Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Propella or the other Propella Parties have been advised of the possibility of such damages.
The total liability of Propella and the other Propella Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use our Services.
The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Propella or the other Propella Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
13. Release
To the fullest extent permitted by applicable law, you release Propella and the other Propella Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Propella and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and Propella agree that any dispute arising out of or related to these Terms or our Services is personal to you and Propella and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or Propella seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Propella seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Propella waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Propella you agree to first contact Propella and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Propella by email at legal@propella.bike or by certified mail addressed to 9345 151st Ave NE Redmond, WA 98052. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Propella cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held in King County, Washington unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 15, a “consumer” means a person using the Product or Services for personal, family or household purposes. You and Propella agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Propella agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Propella, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Propella agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Propella will pay the remaining JAMS fees and costs. For any arbitration initiated by Propella, Propella will pay all JAMS fees and costs. You and Propella agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Propella will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 15 by contacting us through the website contact form with your full name, address, and phone number. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.
If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 15 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 15; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 15 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 15 will be enforceable.
Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Washington.
Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
Amendments
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Miscellaneous
The failure of Propella to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
