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Terms and Conditions

Last updated: 2022-07-04

This document constitutes the first version of these Terms of Use (the “Terms”). When we update the Terms, we will make the previous version(s) available to you.

e-nova and e-nova.bike are owned and operated by Novaterr Solutions Inc. (“Novaterr“, “We“). These Terms are entered into between you (“you”, “the User”) and us, whether or not you complete a purchase as defined by these Terms below.

These Terms and Conditions may be updated from time to time as explained below. The Last Updated Date above indicates when the Terms and Conditions were last modified. Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

We reserve the right to refuse service to you, cancel an order, terminate your account, remove or edit content from the Site, or cancel an order whether or not you have complied with these Terms and Conditions.

If you have any problems with an order, please contact us as soon as possible at support@novaterr.com.

Accuracy of information

We make every effort to ensure that all information on our site is error-free, but we cannot guarantee this. We may refuse or cancel an order containing an item that is incorrectly described or priced. Unless otherwise stated, prices are quoted in Canadian currency.

The products offered on our site as well as the dates of the offers, prices and availability, characteristics and technical specifications of these products are subject to review and change without notice. It is possible that a product ordered online is no longer available in our stocks or that it cannot be delivered due to a situation beyond our control. We will then cancel the order and refund the amounts paid in return, if this is the case.

Modifications

The prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Registration and password

You will be required to complete a registration form to access certain parts and features of the Novaterr Site. You agree to provide us with current and truthful information and to keep this information up to date at all times.

You agree to protect the confidentiality of your user name and password and access to your computer, so that no one else may use them. You are responsible for all transactions that occur under your account using this information. You must notify us immediately of any unauthorized use of your user name and password or any breach of security of which you become aware within forty-eight (48) hours of becoming aware of such situation.

Shipping

Your order will be shipped within 1-2 business days once your order is placed. You will receive a shipping confirmation with a tracking number once your package leaves our warehouse.

The expected delivery date will be available on the mail tracking page.

Shipping is offered at a flat rate for all bikes and items available on the site. You can always pick up your items directly from our warehouse. We only ship within Canada. Please note that shipping to remote or northern areas (Yukon, Northwest Territories, Nunavut) may incur additional shipping charges. If this is the case, we will review your order and provide you with a quote before shipping your items to you.

We ship the bikes in a box. The bike is pre-assembled, a final assembly is necessary before use. You will find all the information in the box, as well as assembly videos on our website.

Fedex and Purolator are our primary couriers, but we may use other providers depending on the shipping address. Please note that a signature will be required upon delivery.

Returns

All sales are final and non-returnable. Cancellations of error-free and compliant orders are not permitted. No refunds or exchanges are made by the merchant.

Limitation of Warranty

Our products are guaranteed for one year against manufacturing defects. The warranty does not cover labor, normal wear and tear, accidental breakage or breakage due to lack of maintenance or improper use. The main components of the bicycle are covered by the warranty, but not the accessories. Products used for commercial purposes are not covered by this warranty.

The warranty is void in the event of incorrect assembly of the bicycle, abuse, neglect, lack of maintenance, misuse or accident, as well as incorrect charging of the battery or use of a charger not supplied by e-nova.

Limitation of liability

In no case shall Novaterr, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim 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 the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if you are advised of the possibility of such damages. have been advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Dispute

These Terms shall be construed in accordance with and governed by the laws applicable in the country of Canada and the province of Quebec, Canada.

All disputes arising out of these Terms, their interpretation, the use of the Marketplace Services, or any legal relationship associated with or arising out of these Terms, shall be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of arbitration shall be in Montreal, Quebec. The language of arbitration shall be English. Notwithstanding the foregoing, you agree and understand that we have no liability whatsoever for the Seller Services, and that it is your responsibility to resolve disputes with the Sellers in accordance with the Seller Terms. We will not be involved, and you hereby waive any right to involve us in any such dispute.

Where applicable, and to the fullest extent permitted by applicable law, you also waive the right to participate in class or consolidated actions against us. You also waive the right to participate in a jury trial.

Anything else?

Just some general information to know!

You may not transfer or assign these Terms to anyone unless you have our written permission. We may transfer or assign these Terms by notifying you, and these Terms will be binding on any permitted successor or assignee. Any assignment or transfer in violation of the foregoing will be null and void.

These Terms and Conditions were originally drafted in English at the request of the parties. An English version is available here, and if you prefer to use that version, it will have the same effect. You understand that an English version of these Terms and Conditions is available here. This version is substantially the same as the French version, and you may consult it at any time.

These Terms constitute the entire agreement between the parties with respect to the Marketplace Services and any other matter covered by these Terms. These Terms supersede all prior agreements between the parties on this subject matter. An invalid provision shall be deemed to be replaced by a valid provision that comes as close as possible to the commercial purpose originally intended for the ineffective provision, and the same shall apply in the event of a gap. If any provision becomes invalid in part or in whole, this shall not affect the validity of the remaining provisions. A waiver of any provision set forth herein must be made in writing.

Need help?

For any questions, contact us at support@novaterr.com.

English