THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND Cluuo Group Ltd T/a Weave Electric, THE OWNER AND OPERATOR OF THE WWW.WEAVEELECTRIC.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE, AND YOUR PURCHASE OF PRODUCTS SOLD ON THIS SITE. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, THE SITE.
By ordering (as defined below), you represent, acknowledge and agree that you are at least 18 years of age.
1 – CHANGES TO SITE; PERSONAL INFORMATION/PRIVACY
1.1 – CHANGES TO THE SITE
Cluuo Group Ltd T/a Weave Electric may add to, change or remove any part of the Site including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2 – PERSONAL INFORMATION Cluuo Group Ltd T/a Weave Electric
Customers agree to provide accurate, current, and complete information as required for the purchase of the Products (as defined below in Sections below). Cluuo Group Ltd T/a Weave Electric reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Cluuo Group Ltd T/a Weave Electric uses a third-party payment processing service to process orders and bill fees to your credit/debit card.
1.3 – PRIVACY
PLEASE TAKE NOTICE that Cluuo Group Ltd T/a Weave Electric (and its third-party service providers) automatically collects various types of information about your visits to our Site, or use our Services. In addition to the personal information provided by you in connection with your account registration, we may also collect certain additional information by automated means, such as cookies, web beacons, and other automated devices.
We and/or our third-party service providers may employ canvas fingerprinting and other browser fingerprinting techniques that extract and analyze information about your browser, operating system, and installed graphics hardware in conjunction with other user information (e.g. time-zone, language preference, etc.) to help verify your unique identity for fraud prevention purposes and help us continue to improve our Site and Services. We may also use third-party website analytics tools (such as Google Analytics, and Facebook Insights) that collect information about visitor traffic on the Site that help us continue to improve the Site, performance and user experiences.
The types of information we may collect by such automated means include Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser, domain name and operating system type); URLs that refer visitors to our Site; Dates and times of visits to our Sites; Information on actions taken on our Site (such as page views and site navigation patterns); A general geographic location (such as country and city) from which a visitor accesses our Site; Search terms that visitors use to reach our Site and the webpage that led you to the Site.
2 – PASSWORDS; USE OF SITE
2.1 – PASSWORDS
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Cluuo Group Ltd T/a Weave Electric if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
2.2 – USE OF SITE; PROHIBITIONS
Subject to your compliance with this Agreement, Cluuo Group Ltd T/a Weave Electric hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content unless written consent has been give. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Cluuo Group Ltd T/a Weave Electric or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
3 – TERMS OF SALE
3.1 – SALES OF PRODUCTS TO END USERS ONLY
Cluuo Group Ltd T/a Weave Electric sells Electric Bikes (the “Product(s)”) from the Site to end-user customers.
3.2 – REFUND/CANCELLATION POLICY
The Consumer shall inspect the Goods immediately upon receipt or fitting and shall notify the Seller within 14 working days of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract. If the Consumer fails to do so the Consumer shall be deemed to have accepted the Goods. Notwithstanding the foregoing, Cluuo Group Ltd T/a Weave Electric does not control when a specific credit/debit card company processes a chargeback transaction. You are responsible for contacting your credit/debit card company if you have questions about the status of the chargeback.
Cluuo Group Ltd T/a Weave Electric also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
In order to return the goods, you need a customer returns number which can be obtained from customer service firstname.lastname@example.org
Pack the device back into the original box with all the accessories and manual.
It is your responsibility to ensure that the item is returned to us in a safe and secure packed manner. Weave Electric cannot be held responsible for any damage caused during transit.
Refunds will be processed using the original payment method.
The goods must be returned in an “as new” condition with all components included in their original box and packaging. Items returned without original packaging may be damaged in transit – the purchaser accepts all liability for any damage and loss of value incurred.
You must include in the box a copy of your name and order number for the return to be processed.
Once your refund has been approved by the Weave Electric technicians, we will ask for your confirmation that you accept the terms of the refund. We will refund the agreed monetary value to your original payment method within 14 days. Please be aware that direct refunds can take up to five days to appear in your bank account depending on who you bank with.
On the Address label add the returns number and address it to Cluuo Group Ltd T/a Weave Electric Winterstoke Rd, Ashton Gate, Bristol BS3 2LG.
All Weave Electric Bikes come with a manufactures warranty from date of receipt/purchase, unless stated. This does not affect your normal UK legal rights.
WHAT’S COVERED BY THE WARRANTY
This warranty is for Weave Electric Bikes manufactured by (“The manufacturer”) and purchased directly from Cluuo Group Ltd T/a Weave Electric.
Weave Electric Bikes WARRANTY EXTENDS TO
The Weave Electric Bikes extends to the original purchaser of any Weave Electric Bikes from Cluuo Group Ltd T/a Weave Electric. All warranties or implied warranties are valid for the manufactures warranty period and the Weave Electric Bikes from Cluuo Group Ltd T/a Weave Electric, please keep a copy of your receipt as proof of purchase.
Cluuo Group Ltd T/a Weave electric WARRANTY AND RESPONSIBILITIES
Cluuo Group Ltd T/a Weave Electric Warranty the Weave Electric Bikes in its original packaging sold to you against material defects and workmanship (“Defects”) for the manufacturer’s warranty one years from the time you purchased Weave Electric Bikes as long as the Weave Electric Bikes is used normally for its intended purpose.
WHAT THE WARRANTY COVERS
The Weave Electric Bikes Warranty applies to manufacturing defects.
Manufacturing defects of the Weave Electric Bikes cover and operation mechanism.
WHAT THE WARRANTY DOES NOT COVER
Any physical misuse or abuse to the structure and /or the framework, not limited to, dents, splitting, cracking caused by others or not used as described in the manufacturer user manual as normal use*, liquid damage that the defect is caused by such damage.
When it comes to replacement of defective pieces, we will only replace the defective piece.
*Normal use is defined in the manufacturer user manual. Our warranty does not cover functional parts such as Wheels, Tyres, Spokes or Punctures, Cables, Brake shoes/pads, Headsets/displays, Bottom brackets & Poles.
Any Weave Electric Bikes “as-is”,” reconditioned”, “used”, “returned”, or any other wording indicating the Weave Electric Bikes is not “new”, or purchased from another consumer.
Cluuo Group Ltd T/a Weave Electric defects sole or exclusive liability and your sole remedy under this warranty with the option to provide repaired or replacement Weave Electric Bikes or cover, subject to your fulfilment of your “responsibilities”
With a defect and in order to enforce the Warranty, you must return or allow Weave to remove all faulty products to Cluuo Group Ltd T/a Weave Electric Weave Electric Bikes with proof of damage and purchase. You will be contacted by Cluuo Group Ltd T/a Weave Electric to arrange for return/removal. At any time you wish to upgrade you will be responsible for the difference.
3.3 – SHIPPING AND PRODUCT ACCEPTANCE
The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are sent Priority Mail or First-Class mail via courier, our Cluuo Group Ltd T/a Weave Electric team. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
Returns: UK mainland returns and free of charge. Any returns from the following regions are the responsibility of the purchaser/customer, UK Post Northern Ireland, Isle of Man, Isles of Scilly, Channel Islands, Scottish Highlands & Islands.
4 – GIFT CARDS
At this present moment in time Cluuo Group Ltd T/a Weave Electric does not supply any Gift card schemes.
5 – DISCLAIMERS:
a. The Company disclaims any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with the Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company’s control, corrupt the administration, security or proper play of the Program.
b. The Company shall not be liable to any person for failure to supply any Credit or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, an act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labour dispute or strike (whether legal or illegal), labour or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.
5.1 – LIMITATION OF LIABILITY AND INDEMNIFICATION:
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECTIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN PROMISES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
b. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY’S INCLUDING ANY VENDORS AND SERVICE PROVIDERS, MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED £100 (ONE HUNDRED POUNDS).
c. IN NO EVENT DOES THE COMPANY EXCLUDE OR LIMIT ITS LIABILITY IN RESPECT OF PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THE LIMITATION OR EXCLUSION OF WHICH IS NOT PERMITTED BY LAW.
6 – PROPRIETARY RIGHTS
You hereby acknowledge and agree that Cluuo Group Ltd T/a Weave Electric or its licensors own all legal right, title and interest in and to the Site and Content including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist., Cluuo Group Ltd T/a Weave Electric and Weave is a trademark of Cluuo Group Ltd T/a Weave Electric in the UK. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Cluuo Group Ltd T/a Weave Electric, Copyright © 2020 Cluuo Group Ltd T/a Weave Electric All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
7 – THIRD PARTY SITES; INDEMNIFICATION
7.1 – THIRD-PARTY WEBSITES
8 – INDEMNIFICATION
You hereby agree to defend, release, indemnify and hold harmless each of the Cluuo Group Ltd T/a Weave Electric Parties (as defined in Section below) from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Site, Content or Products.
9 – LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY Cluuo Group Ltd T/a Weave Electric PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECTIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A Cluuo Group Ltd T/a Weave Electric PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, A Cluuo Group Ltd T/a Weave Electric PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PRODUCTS, THE RELEVANT Cluuo Group Ltd T/a Weave Electric PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID Cluuo Group Ltd T/a Weave Electric FOR THE PRODUCTS, AS APPLICABLE; AND (B) THE SUM OF ONE HUNDRED UK POUNDS (UK£100).
NOTHING IN THIS SECTION 10 SHALL EXCLUDE OR LIMIT ANY Cluuo Group Ltd T/a Weave Electric PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH Cluuo Group Ltd T/a Weave Electric PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW
10.1 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at email@example.com or Cluuo Group Ltd T/a Weave Electric, Attn: Customer Service, Winterstoke Rd, Ashton Gate, Bristol, BS3 2LG. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes ARISING OUT OF THIS AGREEMENT (OTHER THAN THOSE RELATED TO Cluuo Group Ltd T/a Weave Electric ENFORCEMENT AND PROTECTION OF ITS NAME AND INTELLECTUAL PROPERTY RIGHTS) through binding arbitration or small-claims court instead of in courts of general jurisdiction. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award.
We each also agree that this Agreement affects interstate commerce so that the UK Arbitration Act and UK arbitration law apply ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Neither you nor Cluuo Group Ltd T/a Weave Electric has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
All disputes relating in any way, directly or indirectly, to Cluuo Group Ltd T/a Weave Electric for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other torts will be arbitrated according to the rules of the United Kingdom Arbitration, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration or concerning the applicability, interpretation or enforceability of this Agreement including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the UK Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding,
(i) There shall be no award of punitive, exemplary identical or consequential or other special damages, (ii)all damages claims and awards will be governed by the provisions of the UK Civil Code, and (iii)the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of the arbitration including their own attorneys’ fees.
11 – CHOICE OF LAW
This Agreement is governed by the UK Arbitration Act, applicable UK law, and the laws of the UK, without regard to its conflicts of laws rules. Foreign laws do not apply. Arbitration or court proceedings must be in the UK. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
12– ELECTRONIC COMMUNICATIONS; GENERAL TERMS
12.1 – ELECTRONIC COMMUNICATIONS
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
13 – GENERAL TERMS