Terms of service

TERMS AND CONDITIONS

This website is operated by JB Lifestyle Group, LLC dba Bluejay Electric Bikes. Throughout the site, the terms “we”, “us” and “our” refer to Bluejay Electric Bikes. Bluejay Electric Bikes offers this website, including all information, tools and services available from this site (“site” or “website”) including our online shop (“shop”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use our shop. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & 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.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Our products are intended for use by adults only at this time. If you become aware of anyone under the age of 13 using our website, please contact us immediately at support@bluejaybikes.com and we will terminate their account or remove their content to the extent we have control over such content.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the our website or shop, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your access to the shop or shop or any accounts you may have with us.

SECTION 2 – OFFLINE EVENTS AND POPUPS
We may offer or work with others to offer pop-up promotional events to allow select members of the public to try our bikes. These events may require advance registration for you and your guests and all persons trying our demo bikes are required to execute a release from liability. If you or your guests are under 18 years of age, they require parental or guardian execution of a release on their behalf.

Our events may be hosted at public events or third party properties. You agree that we are not liable for the conduct of event hosts or the organizers of public events.

We can not guarantee the availability of any events, especially since the location for these events are not under our control or direction. Such events may be cancelled without notice.

If you attend one of our events, you will be required to sign a release waiver and may be required to provide your driver's license or a credit card as security for return of the demo bike. If you damage the bike you agree to be liable and reimburse us for the damage to our demo bike.

GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason not prohibited by law at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website or shop, use of the website or shop, or access to the website or shop or any contact on the website through which we operate, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE WEBSITE SHOP AND PRICES
Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the any part of the website (or any part or content thereof) or any line of products or e-bikes without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the any product line, or any part of our website or shop.

PRODUCTS
Certain products, events or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy at bluejaybikes.com/policies/refund-policy.

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 reserve the right, but are not obligated, to limit the sales of our products, services or access to events, to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services or access to events that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. Bikes availability is subject to inventory.

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

ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us for any reason not prohibited by law. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You agree that you are not entitled to receive a bike ordered until it has been paid for in full. If we offer any payment plans and you choose to purchase your bike through these payment plans you agree to be bound by the terms of such payment plan and to pay the remaining amounts due in a timely manner.

PRE-SALE: Prior to the date our Bikes become available for shipment, we will be taking a deposit for 50% of the bike cost up front (plus tax on the purchase) and then will invoice you the remainder when the bikes are ready to ship for the second 50% (plus tax on the purchase) of the bike cost. The deposit is non-refundable and We by paying the deposit, you agree to pay the remaining amount.

LAUNCH: Once our bikes are available and ready you will be able to purchase the bike in full or through a payment plan.

When you purchase a bike using a credit card on our Shopify platform you authorize Shopify and us to process payment for the product(s) you purchase or put money down on, as applicable.

For more detail, please review our Returns Policy bluejaybikes.com/policies/refund-policy

MOBILE TERMS OF SERVICE

Last updated: June 22, 2023

The Bluejay Bikes mobile message service (the "Service") is operated by Bluejay Bikes (“Bluejay Bikes”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Bluejay Bikes’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Bluejay Bikes through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Bluejay Bikes. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18555741170 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Bluejay Bikes mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18555741170 or email support@bluejaybikes.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

WARRANTY AND RETURN POLICY
Our Bikes are under a Warranty. Please consult our warranty page at https://bluejaybikes.com/pages/warranty for more information.

When you purchase one of our bikes, we can ship them according to the shipping option you choose and pay for.

Returns are handled in accordance with our Return Policy at https://bluejaybikes.com/policies/refund-policy

EMAIL MAY NOT BE USED TO PROVIDE NOTICE TO US
Communications made through the our e-mail and messaging system to us, will not constitute legal notice to us or any of its officers, employees, agents or representatives in any situation where notice to us s required by contract or any law or regulation.
CALIFORNIA CONSUMER NOTICE.
Under California Civil Code Section 1789.3, California users of our services and shop receive 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 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from the us in an electronic form via any email address you may have submitted on our website; and (b) agree that all Terms & Conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
If you have subscribed to our Newsletter or agree to receive updates from us pursuant to the terms of the Terms & Conditions, we may from time to time send you other messages, including information about us, our products, events and special offers via a third party service or event. You may opt out of such email by unsubscribing from the newsletter or updates. Opting out may prevent you from receiving messages regarding us or special offers.

THIRD-PARTY LINKS
Certain content, products, events and services available via our website may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or events operated by third parties. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us and grant us permission to do so. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; (3) to respond to any comments or (4) retain or maintain publication or display of your comments or content.

You may also post comments or reviews on social media connected with our webpages or social media accounts such as Instagram and Facebook. If you post comments, you grant us a worldwide, royalty-free, limited license to use, display and transmit such comments and any graphics contained therein. We reserve the right to delete or remove such content from our webpage and social media in our sole discretion.

In posting such comments, photos or text, you agree:
you will not post information that is malicious, false or inaccurate;
you will not share content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
you hereby affirm we have the right to determine whether any of your content submissions are appropriate and comply with these Terms and Conditions, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any comments of others that you access through your use of our site or social media pages is solely your responsibility. We are not responsible for any public display or misuse of your content. We do not, and cannot, pre-screen or monitor all content from third parties.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the services, sale of our products or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the shop that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the shop or website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the shop, site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the shop or on any related website, should be taken to indicate that all information in the shop or on any related website has been modified or updated.

AVAILABILITY OF WEBSITE, SHOP AND CONTENT
We recognizes that the traffic of data through the Internet may cause delays during the download of information from the website and online shop and accordingly, you agree that you shall not hold the us liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the website and shop may not be available on a continual twenty-four hour basis due to such delays, or delays caused by the our or our platform provider's upgrading, modification, or standard maintenance of the website or shop.

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the shop or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the shop or any related website, other websites, or the Internet. We reserve the right to terminate your use of the shop or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free or that your order will go through.

You agree that from time to time we may remove the website, shops or any service or any portion thereof for indefinite periods of time or cancel your access to our page, your account or your order at any time, without notice to you.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR OUR BIKES IS AT YOUR SOLE RISK. THE SHOP, SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE AND SHOP ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL BLUEJAY ELECTRIC BIKES, 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 SITE, SHOP OR ANY PRODUCTS PROCURED USING THE SHOP, SITE, FOR ANY EVENTS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, SHOP 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 SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SHOP, EVEN IF 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. OUR LIABILITY TO YOU UNDER THESE TERMS AND CONDITIONS, TO THE EXTENT PERMITTED BY LAW, SHALL NOT EXCEED THE GREATER OF 1) THE AMOUNT YOU PAID US FOR THE PRODUCTS YOU PURCHASED THAT LED TO THE CLAIM OR 2) $5,000.

YOU AGREE THAT, TO THE EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION RELATED TO OR ARISING OUT OF YOUR RELATIONSHIP WITH US MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

TO THE EXTENT PERMITTED BY LAW, IN ANY CAUSE OF ACTION, YOU ALSO WAIVE RIGHTS A JURY TRIAL AND PARTICIPATION IN ANY CLASS ACTION LAWSUIT AGAINST US.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bluejay Electric Bikes and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY
In the event that any provision of these Terms & Conditions is determined to be unlawful, invalid, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions, which shall remain in good force and effect.

LIMITATIONS ON ASSIGNMENT
We may assign or delegate these Terms & Conditions and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. To the extent permitted by law, you may not assign or delegate any rights, warranties or obligations under the Terms and Conditions or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.
ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to The site and shop constitutes the entire agreement and understanding between you and us and govern your use of the site and shop, 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 & Conditions).

GOVERNING LAW
These Terms & Conditions and any separate agreements whereby we provide you the products to you or any use of the site or shop shall be governed by and construed in accordance with the laws of the state of California, without reference to its conflict of laws principles. You Agree that any claim or dispute between us arising out of the Terms and Conditions or use of our Bikes will be decided exclusively in the federal and/or state courts for Marin County, California and you waive any objection to venue.

CHANGES TO TERMS & CONDITIONS
You can review the most current version of the Terms & Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the our shop following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

CONTACT INFORMATION
Questions about the Terms & Conditions should be sent to us at support@bluejaybikes.com.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS & CONDITIONS, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.