Sales of Goods Terms and Conditions (including Arbitration and Restocking Fee)

Table of Contents

1. Binding Agreement
2. Purchase of Products
3. Prices and Payment Terms
4. Shipments; Title and Risk of Loss
5. Cancellation, Return and Restocking Fee
6. Manufacturer’s Limited Warranty
7. Limitation of Liability
8. Website Advertisement
9. Governing Law
10. Arbitration, Class Action and Jury Trial Waiver
11. Statute of Limitation
12. Miscellaneous

 

1. Binding Agreement.

THIS AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER PRODUCTS FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SEGWAY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

This Store.segway.com Sales of Goods Terms and Conditions ( this Agreement) apply to the purchase and sale of products through Segway Online Store: https://store.segway.com/ (the “ Site”). This Agreement is subject to change by Segway (referred to as us, we, or our as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be effectiv e immediately upon publication on the Site . You should review t his Agreement before purchasing any product or services that are available through this Site. Your continued use of this Site after the publication of changes to the Terms will constitute your acceptance of and agreement to such changes.

 

2. Purchase of Products.

You agree that your order is an offer to buy, under this Agreement, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may cancel your orders even after we send you a confirmation email of your orders due to inventory shortage or other issues, and you will not be charged for such orders. For cancellation and return matters, please refer to Cancellation of our Return T&C.

 

3. Prices and Payment Terms.

Prices posted on this Site may be different from prices offered by our downstream sellers. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time of check-out and will be set out in your order confirmation email. Price increases will only apply to purchases checked out after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

 

We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from t his Agreement. If there is a conflict between the terms for a promotion and t his Agreement, the promotion terms will govern.

 

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept PayPal, Visa, Mastercard, American Express, and Discover credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. 

 

4. Shipments; Title and Risk of Loss.

Please refer to our Shipping T&C .

 

5. Cancellation, Returns and Restocking Fee.

Please refer to our Return T&C .

 

6. Manufacturer’s Limited Warranty.

   6.1 Limited Warranty.

   6.1.1 Limited Warranty and Exclusions.

   please refer to the specific product warranty manual applicable to your product model. You can find your product warranty manual in your package or obtain an e-copy from https://service.segway.com/ (the “ Limited Warranty”).

   To the extent not in conflict with the Limited Warranty, i n the event that a defect covered by this Limited Warranty occurs, Segway in its sole discretion will repair or replace defective parts or whole unit in accordance with this Limited Warranty. If it is reasonable and proper, Segway may deliver parts/components to you directly and you may replace damaged / defective parts / component so that you could save cost and time for delivering the whole p roduct to a service provider. Segway reserves the right to issue a refund in exchange for defective products instead of repairing or replacement within its discretion.

   The applicable Limited Warranty Period commences on the first date that a new p roduct is purchased except for what state law may require otherwise. For example, a state may mandate that warranty period commences on the date when a p roduct is received by a consumer.

   This warranty gives you specific legal rights, and if you are a consumer in the United States of America, you may also have other rights which vary from State to State.

    

   6.1.2 Warranty Period for Product and Parts.

   Warranty Period: The warranty period for the whole p roduct and its parts starts when the p roduct is first time purchased (or when this product is received by the first purchaser). The parts may have a shortened warranty period. Different products and parts may have different lengths of warranty periods, please refer to the warranty agreements contained in the package of your product or find an e-copy of the specific warranty agreement for your product model at: https://service.segway.com/ .

   Warranty Repair (Labor and Parts):  The limited warranty will provide in-warranty repair services free of charge (including free labor and spare parts). 

 

6.2. Limited Warranty Service and Process, Product Maintenance and Repair.

6.2.1 Services and Process.

Unless explicitly informing you otherwise in writing, warranty services will be provided by an authorized service provider of the p roduct that is an independent contractor. For warranty services, parts replaced by Segway will be retained by and become the property of Segway. Segway’s online services are available at https://support.segway.com/ . In the event the warranty services are required, please prepare for the following materials, including (i) proof of the original purchase of the p roduct from our Website, (ii) the p roduct’s serial number, and (iii) description of the defect if applicable. By initiating and/or seeking warranty claims and/or any claims under this a greement, you agree to provide reasonable cooperation for the purpose of assessing your claim eligibility, processing your claim, and servicing p roduct. You agree to provide photos and/or videos that show how a p roduct is damaged and/or defective per reasonable requests of Segway. Upon verification of your eligibility to Limited Warranty and/or services, you should provide your name, email address, mailing address, and contact phone number. After receipt of reasonable and necessary information and document (s) requested by Segway and verification of eligibility to warranty services, Segway will issue you a Return Material Authorization ( “ RMA ” ) to facilitate and process your product warranty services and/or warranty claim. Segway will direct you to an authorized service provider for warranty services. You shall exercise your warranty rights per RMA within thirty (30) days. If per the limited warranty, you will receive replacement parts/component from Segway directly, you agree that per Segway’s request, you will properly dispose of defective / damaged parts/components and provide photo/video evidence. Failure to cooperate and/or provide materials and evidence requested by Segway may result in delay, suspension and/or denial of a claim under this a greement. (WARNING: IF YOUR WARRANTY CLAIM(S) IS SAFETY RELATED, HAS SAFETY IMPLICATION AND/OR INVOLVES SAFETY RISK AND/OR CONCERN, YOU SHALL NOT USE THE PRODUCT UNTIL AND UNLESS IT IS PROPERLY INSPECTED, EXAMINED AND REPAIRED (IF NECESSARY) BY AN AUTHORIZED SERVICE PROVIDER.)

 

6.2.2 Warning and Stop Using If Abnormal or Defective.

During your use of the p roduct, if you believe the p roduct or its component is defective and/or does not work correctly, PLEASE IMMEDIATELY STOP USING THE PRODUCT, AND STORE THE PRODUCT PROPERLY. YOUR CONTINUED USE OF THE PRODUCT UNDER SUCH CIRCUMSTANCE MAY CAUSE SEVERE BODILY INJURY OR EVEN DEATH TO YOURSELF, THE OTHERS AND/OR CAUSE PROPERTY DAMAGES. Thereafter, please immediately contact Segway at technicalsupport@segway.com. Segway’s technical support personnel are available to assist you online or over the phone in diagnosing the defect, and if any, and providing further instructions.

 

6.2.3 Shipping Fees.

For warranty services, you shall be responsible for the cost of shipping / delivering of defective product to Segway or an authorized service provider. The limited warranty does not include shipment / delivery of products for warranty services. You must include your defective product or component within the original or a proper packaging. If you do not have an original and/or proper packaging box and/or other materials, Segway may provide it to you at your cost (for clarity, you are not required to buy). Segway is NOT responsible for the risk of loss and damage to the product due to shipment, including both from you to Segway (or its authorized service dealer) and from Segway back to you.

 

6.2.4 Warranty Eligibility Determination and Disputes.

An authorized service provider will inspect your returned product. If per an authorized service provider’s service report, Segway reasonably determines that the problem is not covered by the Limited Warranty, Segway will notify you and inform you of service or replacement alternatives that are available to you on a fee basis, or product will be returned to you unrepaired. Segway reserves the right to charge you fees and costs related to such inspection services and shipment fees (if any), if it is fair and reasonable under the circumstances and permitted by law. In the event that any service is not covered by the Limited Warranty and you reject a paid service recommended by Segway, you understand and acknowledge that failure to repair and/or services the product may increase the risk of product failure, and product failure may result in severe property damages, severe bodily injury or death. You agree that this is your informed consent to take such risk. You have the right to dispute Segway’s denial of warranty claims and/or services, and seek remedies provided by law and this agreement.

 

6.2.5 Repair / Services by Another Person and Use of Parts From Other Sources.

To the extent any defect is covered by the limited warranty (as explicitly provided in this agreement), the limited warranty will provide repair, replacement (parts and/or whole unit, as Segway deems fit) and labor services free of charge. Shipment fees are not covered by the limited warranty. As a condition on this explicit limited warranty, a consumer shall follow the warranty services and RMA process as required by Section 6.2.1.

 

A consumer has the right to have other persons (i.e., a person that is not an authorized service provider) and/or unauthorized parts for repairing and/or servicing any issue and/or defect of a product, if such issue and/or defect is NOT covered by the explicit limited warranty. This will not void the limited warranty. However, Segway is not responsible for fees, costs and/or any damages caused by such other person’s repair, services and/or use of unauthorized parts. Notably, a person may not be proper for servicing the product, as this person may not have sufficient training, skills and/or knowledge about the product and how to properly service the product. Additionally, certain parts, such as control board and/or battery from an unauthorized source may not be compatible with the product. Improper repair, services and/or disassembly of the product and/or its parts (such as battery) could be dangerous.

 

6.2.6 Limited Right to Return.

The limited warranty provides a limited return right per Section 6.1.

 

6.2.7 Maintenance.

Maintenance is not covered by the Limited Warranty and it shall be at your own cost. Proper maintenance is essential for the well-being of the product. Improper, insufficient and/or lack of maintenance increases risk of the product failure, and failure of the product due to such reasons is not covered by the Limited Warranty. An authorized service provider of the product is generally considered as a proper person to provide maintenance services. You have the right to choose a proper person (including yourself) to perform maintenance. You may perform maintenance services on your product, if you have sufficient and necessary skills and knowledge on how to do it. This will not void the Limited Warranty. However, Segway shall not be responsible for any product failure and/or damages to the product, if that is caused by your improper and/or wrong maintenance.

 

7. Limitation of Liability.

SEGWAY AND THE MANUFACTURER (“NINEBOT”) AND THEIR AFFILIATES (INCLUDING BUT NOT LIMITED TO THEIR PARENT COMPANY, SUBSIDIARY, AFFILIATED COMPANIES, PREDECESSOR, SUBSEOUENT COMPANY. ADMINISTRATORS, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, MEMBERS, AND SHAREHOLDERS) (COLLECTIVELY “SEGWAY PARTIES”) ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES YOU MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR SERVICE REPAIR. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT IT IS DISALLOWED BY APPLICABLE LAW.

 

IN NO EVENT SHALL SEGWAY PARTIES’ TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY AND ALL APPLICABLE LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED TO THE PURCHASE OF THE PRODUCT, USE OF THE PRODUCT, BREACH OF CONTRACT, TORTS (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDS THE DUTY TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO SEGWAY’S SOLE AND EXCLUSIVE DISCRETION. IN NO EVENT SHALL SEGWAY PARTIES BE LIABLE TO ANY PERSON FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF THE PRODUCT, ANY BREACH OF THIS AGREEMENT OR MANUFACTURER’S DUTIES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SEGWAY WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR ANY OTHER PERSON’S (WHO MIGHT HAVE RIGHT OR CLAIM UNDER THIS AGREEMENT BY OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE. IN THE EVENT SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY NOT APPLY TO YOU. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

To the extent permitted by applicable law, SEGWAY PARTIES hereby DISCLAIM any liability and thereby shall not be responsible for any damages, including but not limited to death, bodily injury, or damages to property, arising out of or related to any conduct (including misconduct), action, inaction, act (including failure to act), omission or negligence by any authorized or unauthorized dealer, distributor, wholesaler, retailer, service provider or third party that involves into the distribution of Product or the services thereto. To the extent permitted by applicable law, the explicit representations and warranties, if any, provided herein, shall be the only warranties and representations made by SEGWAY PARTIES to YOU, any consumer, and/or end-user. SEGWAY PARTIES shall not be responsible for any other warranties and/or representations that may be given and/or provided by another person unless Segway Parties have in a written form explicitly authorized such additional warranty and/or representation to be given to consumer or end-user.

 

If you are a New Jersey consumer, the above language in Section 7 shall not apply to you. FOR NEW JERSEY CONSUMERS, TO THE EXTENT PERMITTED BY NEW JERSEY LAW, SEGWAY PARTIES ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGED, YOU MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR SERVICE REPAIR.

 

8. Website Advertisement.

The advertisement and marketing materials on this Site are for illustration purposes only and may not be an exact representation of the product. In the event of unclarity or uncertainty regarding specifications, performance, feature and use of a product, the user manual, product manual and the Limited Warranty shall always prevail over an advertisement or marketing material.

 

To better demonstrate certain functions and features of the product, the advertisement and marketing materials may contain actions performed by professional riders and/or taken with special safety precautions, preparations, and/or in a controlled environment. Certain actions illustrated in the video/photos may be enhanced or created by special effects technology for advertisement purposes only. Using the product on jumpy, bumpy, uneven, slippery, and/or other complex and challenging road or environmental conditions, and/or performing jumping, stunts, and similar activities, involves inherent danger, despite certain capacities or features that the product may have or that are illustrated in this advertisement. Furthermore, using the product in such a manner or under such conditions will shorten the lifespan of the product (or certain parts/components) due to pressure, impact, damage, wear and tear, and other reasons. Damage to the product (including its parts/components) increases the risk of product failure/dysfunction, which imposes danger and risk of loss to users and others. You should always ride safely, use your best judgment, and do not replicate actions that may involve the risk of falls or accidents.

 

9. Governing Law.

This Site is operated from the US. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

 

10. Arbitration, Class Action and Jury Trial Waiver.

Any controversy or claim arising out of or relating to this Agreement and the product purchased / received from this Site, shall be settled and resolved per our Arbitration Agreement.

 

11. Statute of Limitation.

The parties agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to this Agreement and any subject matters herein, whether based in contract, tort, fraud, misrepresentation or any other legal theory at law or in equity, including but not limited to any claims for death, injury or property damages, must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.

 

12. Miscellaneous.

    12.1. Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, carrier’s wrongdoings, negligence or omissions, or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

12.2. Assignment.

You will not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.

 

12.3. No Waivers.

The failure by us to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision.

 

12.4. No Third-Party Beneficiaries.

This Agreement do not and are not intended to confer any rights or remedies upon any person other than you.

 

12.5. Notices.

• To You . We may provide any notice to you under  t We may provide any notice to you under this Agreement by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
• To Us . To give us notice under This Agreement, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to Segway Inc., P.O. Box 661805, Arcadia, CA 91066; or (ii) by email to optout@segway.com  (for opt-out of arbitration),  privacylegal@segway.com  (for privacy related matters) or  technicalsupport@segway.com  (for other aftersales matters).

 

12.6. Severability.

If any provision of this Agreement is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement.

 

12.7. Incorporation by Reference.

You should also carefully review our Return T&C, Shipping T&C, Arbitration Agreement, Website Terms of Service and Privacy Policy before placing an order for products through this Site. These terms and conditions are integral parts of this Agreement and are incorporated herein:

• Shipping T&C:  https://store.segway.com/shipping-policy
• Return T&C: https://store.segway.com/return-policy
• Arbitration Agreement: https://store.segway.com/arbitration-agreement
• Website Terms of Service: https://store.segway.com/terms-of-service
• General Privacy Policy: https://store.segway.com/privacy-policy-updated
• CCPA Privacy Notice: https://www.segway.com/ccpa-privacy-notice

12.8. Entire Agreement.

Our order confirmation, this Agreement, the Shipping T&C, the Return T&C, the Arbitration Agreement, the Website Terms of Service and our Privacy Policy, shall be deemed the final and integrated agreement between you and us on the matters contained in this Agreement.