Terms of service

SHAKA SURF BIKE TERMS AND CONDITIONS

Last Updated: September 4, 2024

PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY PRIOR TO USING SHAKASURFBIKE.COM. THE TERMS AND CONDITIONS CONTAINED HEREIN SHALL GOVERN YOUR USE OF THIS SITE. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your”) and The Moai Group, LLC, DBA: Shaka Surf Bikes (“Shaka”, “Shaka Surf Bikes,” “we,” “us” or “our”), concerning your access to and use of the Shaka Surf Bike website, as well as any other media form, media channel, mobile website or mobile application, or online platform, or any other web application or platform related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site, and you must discontinue use immediately. These Terms and Conditions apply to any visitor of our Site.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason, which shall become effective immediately upon posting. We will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions prior to each use of the Site to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

The Site is intended for users who are at least 18 years of age. If you are under 18, you should not use this Site.

PRODUCT AND SERVICE DESCRIPTIONS

Shaka Surf Bikes tries to provide accurate depictions and descriptions of our products and services; however, we do not guarantee that descriptions, colors, dimensions, details, or other content on our Site or other sales materials are accurate, complete, reliable, current or error-free. From time to time, we may substitute components due to availability or other considerations. Therefore, the product you receive may differ from other products that we deliver with reference to the same model. If a purchased product deviates from the description offered on this Site or from other products supplied by us, your sole remedy is to return it in unused condition subject to our returns policy, and excluding items ineligible for return. Furthermore, colors and other details that you see on your computer may vary from the actual product. We cannot guarantee that your computer will accurately display the details of our products and services.

THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES OR OTHER CONSEQUENCES DIRECTLY OR INDIRECTLY RELATED TO ANY DECISION, ACTIVITY, OR FAILURE TO ACT THAT YOU TAKE BASED ON INFORMATION OR OTHER CONTENT PROVIDED ON OUR SITE OR ANY OTHER PLATFORM.

PRICING, PRODUCT AVAILABILITY, QUANTITY AND ORDER LIMITS

We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our Site.

All pricing and availability are subject to change at any time and without notice for the products and services available on our Site. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

We reserve the right to limit quantities available for purchase. Quantity limits may be applied per order, per person or household, or to orders that use the same credit card, billing and/or shipping address, or share any other account or order attribute. We also reserve the right, at our sole discretion, to prohibit sales to dealers or resellers. For our purposes, "reselling" refers to purchasing or intending to purchase any product or products from us for the purpose of engaging in a commercial sale of the same with a third party. Users who attempt to circumvent quantity limitations may have orders denied.

Company may refuse or reject any order at any time, refunding you any monies you have paid for the order, solely based on our discretion which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for pricing or other errors. In the event of pricing or other errors, we reserve the right, at our discretion, to either (a) cancel your order or purchase or (b) contact you for instructions on revising the order.

ORDER CANCELLATION/ CHANGE ORDERS

Generally, orders may be canceled or changed up to two business days following checkout with no penalty. No change orders will be processed after two business days. Following this period, orders of stock (non-customized) products may be canceled before shipping, subject to a 15% processing fee. In addition, orders for customized products may be canceled prior to shipping, subject to a 25% processing fee. Orders shipped cannot be canceled and are subject to the company return policy. We reserve the right not to approve order cancellations or changes at any time in our sole discretion. The cancellation processing fee shall apply to the actual date the product is deemed in-stock rather than any estimates provided by the Company. The projected date for a product to be in-stock is only an estimate, and you may not immediately be advised once a product is considered in-stock.

ORDER ACCEPTANCE AND BILLING

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item or items ordered.

You must provide truthful and accurate billing information. Providing any untruthful or inaccurate information may result in order cancellation. Before we accept and process an order, we may also request that you provide additional information. We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified through our efforts to avoid fraud and/or account abuse.

We reserve the right to limit availability of, and/or to discontinue, any product, service, or other feature described or available on our Site to any person, entity, geographic area, or jurisdiction at any time and in our sole discretion, and to limit the quantities and/or cancel orders of any product, service, or other feature that we provide.

If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

PAYMENT PROCESSING

Our Site is powered by a third-party e-commerce platform and all payments made by you are processed through the e-commerce platform’s payment portal. If we accept a pre-order of any product, your account, credit card, or other payment method will be charged immediately and in full upon acceptance of the order, regardless of when the order is expected to ship.

If a credit card chargeback of any amount is issued on an order, any warranty for the products associated with the order will be immediately terminated. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, the Company or its service providers reserve the right to collect any applicable return item, rejection, or other fees as permitted by applicable law.

SHIPPING

We will ship your accepted order to you at the address you provide when making the order, so long as such address is complete and complies with any shipping restrictions contained on our Site. Once an order is placed, the shipping address cannot be changed due to our fraud prevention policies. You will be responsible for all associated shipping and handling charges. Shipping costs are non-refundable. We are not responsible for any delays in shipments. All items purchased are made pursuant to a shipment contract, which means that the risk of loss, damage, and title for such items will be passed to you upon our delivery to the carrier. We are unable to ship to a PO Box or APO address. Shipping must be to a deliverable address located within the contiguous 48 states. Delivery to addresses outside the U.S. and to certain addresses within the U.S. is not available at this time.

If you refuse delivery of an order that you asked us to ship to you, or if you put the wrong address in when placing the order and did not request an address update before the order shipped, we reserve the right to charge a flat fee of up to $200 per product to cover the shipping costs. We cannot change, intercept, or cancel orders that have already shipped. If you refuse delivery, we will treat your order as a return if it arrives back at our warehouse and issue a refund for the purchase price via your original payment method, less the total flat fee amount. Please note, in order to receive a timely refund, you must notify Shaka of any shipment refusal.

SUBJECT TO THE FOREGOING, ALL SALES ARE FINAL, AND THERE ARE NO RETURNS, EXCHANGES, OR REFUNDS.

RETURN POLICY

Please read the following carefully to understand our returns and restocking fee policy applicable to all components, accessories, and e-bikes sold by Shaka.

· Returns of New and Unused Items Within 30 Days of Receipt. We allow you to return stock bikes (no customization) or any accessory in new and unused condition within 30 days of receipt. These returns are subject to a restocking fee in the amount of 20 percent (20%) of the total purchase price. For all returns, return shipping charges are the responsibility of the recipient unless we make a shipping error. We will issue a refund using the same payment method you used originally.

· Non-Refundable Items:
Items that are past 30 days of the receipt date;
Bikes that have been customized to include color or accessory;
Items that are used, dirty/damaged, or not in original packaging;
Batteries;
Items sent back without prior written confirmation of return from a Shaka employee; and
Any special/offer with terms of that sale is final.

All approved product returns must be delivered to the Company freight prepaid. The company reserves the right to determine the method and shipping company for the return shipment. The Company is not responsible for damage to or loss of returned products. Therefore, we recommend that you insure any products being returned to us and obtain a tracking number of the shipment.

Refunds will be issued after the Company receives and inspects the returned product. If a returned product is damaged, or has signs of use, the refund price may be reduced by an amount proportional to the cost of damage to products or refused entirely, as determined in the Company’s sole discretion.

WARRANTY

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS AND THE WARRANTY PAGE OF THE SITE, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

TAXES

We collect certain applicable taxes which are due and payable at the time your order is placed. However, you are responsible for paying any additional sales, use and other taxes, including any applicable duties, relating to any of your purchases of products or services from us.

GOVERNING LAW

YOU AGREE THAT THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO CONFLICTS OF LAWS.

LIMITATION OF LIABILITY

YOU AGREE THAT WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR PRODUCTS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, BODILY INJURY OR DEATH, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED THE AMOUNT PAID FOR THE PRODUCT AT ISSUE.

To the extent your jurisdiction does not allow limitations on warranties, or the exclusion or limitation of certain damages. The aforementioned limitation may not apply to you.

YOU FURTHER AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF A PRODUCT OR THESE TERMS OF USE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH A PRODUCT, TERMINATION OF YOUR USE OF THE PRODUCT IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

ARBITRATION OF DISPUTES; WAIVER OF CLASS ACTIONS

With respect to any dispute, claim or controversy regarding products you purchase from the Company, any dispute relating in any to these Terms and Conditions, or the relationship between the Parties will be resolved entirely through confidential binding individual arbitration in California, rather than in court, and you agree to submit yourself to the jurisdiction and proceedings thereof. The Federal Arbitration Act and federal arbitration law apply to this agreement. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision.

ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. AN ARBITRATOR, HOWEVER, CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT, INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES, AND MUST FOLLOW THESE TERMS AND CONDITIONS AS A COURT WOULD.

SEVERABILITY

If any provision of these Terms and Conditions shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. The Privacy Policy makes certain disclosures required by laws that may apply to you, it is not a contract. By using the Site, you consent to the practices described in our Privacy Policy. Please be advised the Site is hosted in the United States.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “as is” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a non-exclusive and non-transferable limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.