EEnertion Boards Terms and Conditions
By using these (“Services”) provided by (“Us”) [Enertion Boards Pty Ltd ABN: 71 612 421 628 through our (“Website”) you the (“User”) unconditionally and irrevocably agreed to and are bound by these Enertion Boards Terms and Conditions (“Terms”). We may from time to time update our (“Terms”) and your continued use of these (“Services”) is taken as acceptance of the updated (“Terms”) and all legislation and applicable current laws. We may also present to you other (“Terms”) and policies whilst using these (“Services”) and continued use of taken as acceptance of the additional (“Terms”).
Definition of terms:
Customers: refers to “you” , “your” , “Client” , “Member” and any person who has access to the Enertion Boards Service either as a guest or through an account.
Enertion Boards: means Enertion Boards Pty Ltd (ABN: 71 612 421 628) and the terms “we” , “us” , “our” which is the party providing the “Website” and “Services” to the “User.”
Intellectual Property: means: (a) copyright; (b) all rights conferred under statute, common law or equity in relation to inventions (including patents); (c) registered and unregistered trademarks; (d) registered and unregistered designs; (e) product imagery; (f) confidential information; (g) product descriptions, graphics and code; and (h) all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;
Services: all “Services” , “Products” and “Online Services” we provide our “Users.”
User:refers to “you” , “your” , “Client” , “Member” and any person who has access to the Enertion Boards Service either as a guest or through an account.
Website: “website” , “site” , “apps” and all websites used in relation to the “Services.”
Use of the Services
You will be proving personal information as a User either through an account or as a guest. By using this Website, you agree to the Terms of these Enertion Boards terms and conditions.
Eligibility and Registration
To be eligible for registration and use of the Website and Services you must:
- be at least eighteen (18) years of age;
- only register for the Website and Services for the intended purpose of these Services; and
- only register for the Website and Services legally pursuant to your state or country.
Registration and Login
Users can log in to the Website and Services via:
- Enertion Boards Account
Enertion Boards Account registration is free of charge. Users may also access these Services via a third party registration.
We will aim to provide the Website and Services as accurately and up to date as possible. By using these Services you the User irrevocably and unconditionally agree to not act in a way that may constitute:
- Illegal activities;
- Breach of any applicable laws;
- Violation of these Terms, the Returns Policy and Warranty Terms;
- Accessing the Services via systems automation such as spambots or similar;
- Any such spam activities;
- Registering multiple accounts per one User;
- Using the Website in a way that could cause harm to others;
- Posting hateful, threatening or violent reviews; and
- Hacking or accessing the Website other than methods listed in these Terms.
We reserve the right to suspend or terminate this agreement at our sole discretion if these Terms are violated.
Enertion Boards Responsibilities
It is our responsibility to provide the Website and Services in good working order for the purposes of User purchases. We cannot take any responsibility for any loss, damage or consequential losses arising from using these Services. We will aim to provide the Website and Services compatible with most browsers, interfaces and website themes. However this may not always be possible on every reader and every version.
We will provide access to tracking software via the Services for you to track delivery of goods.
Pre-Orders and Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Enertion Boards reserves the right at any time after receipt of your order to accept or decline your order for any reason without giving reason. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be credited back.
The current delivery schedule for Raptor 2 pre-orders is May 2017 and will be run in accordance with these Terms.
Enertion Boards reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item, if that item is not available in the quantity ordered. A store credit for the non-delivered items may be offered if you cancel the order. Your order may be shipped over multiple consignments. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be credited back in form of store credit; or cash at our discretion.
If notified before goods have been dispatched, Enertion Boards will try to accommodate order cancellations. If items have been picked & packed for shipping or already shipped, or if man hours have been spent, Enertion Boards reserves the right to refuse order cancellation or charge a cancellation fee of 20% should we not be able to request the return of the package from our delivery service.
If the item/s on order are being built to order and are partially built or waiting for additional parts to arrive too complete assembly at the time of cancellation you are eligible for partial store credit, or cash at our discretion; with the order cancellation fee of 20% deducted from total order value.
Shipping and Delivery Policy
Enertion Boards will only replace orders that are proven to be lost in transit by our delivery company. Enertion Boards will not be held responsible for goods delivered and accepted by a separate third party not connected to these Terms, the Service or the Customer. Further we cannot accept responsibility for any items left unattended at the Customer delivery address.
Certain factors such as order size, weight and shipping address may require us to ship via another method. Enertion Boards reserves the right to change your shipping method in these cases and will provide tracking details for the new carrier once shipped.
The delivery times provided by Enertion Boards are estimates only. Enertion Boards will not be held accountable for loss or damage relating to late deliveries and undelivered orders/items. Orders that are reported as not received/delivered despite tracking number confirmation of delivery confirmation are not eligible for replacement nor will compensation be granted unless proof of delivery failure can be provided. In the event that multiple items are ordered, separate part deliveries may be made when some of the ordered items are not available in stock or on backorder. All reasonable attempts to notify you will be made using the details you provided. By agreeing to our terms and conditions you acknowledge all information set forth under our shipping pages.
Change of Address Policy
The shipping address for your order is shown in the checkout and on your order confirmation and shipping confirmation emails. For any changes or modifications the order will need to be cancelled and a new order placed in line with these Terms. Enertion Boards cannot accommodate address change requests. Enertion Boards takes no responsibility for orders shipped to an incorrect or invalid address and is not liable for any loss associated.
Product Review Policy
Our Services included a product review section. These reviews are useful for other potential Users and customers. We aim to provide this service complementary for all Users and request you assist in following the below terms.
Terms of product reviews included but are not limited to:
- Do not leave duplicate reviews;
- Do not post outside or irrelevant links in reviews;
- Do not use the review for self-promotion;
- Do not leave personal information or details;
- Do not leave hateful, harmful or hurtful reviews;
- Do not leave insulting reviews;
- Do not misspell products where possible; and
- Do leave sufficient details and honest review information;
Enertion Boards reserves the right to:
- Edit or delete reviews as necessary;
- Request further information or proof;
- Verify if the User has actually used the product; and
- Suspend or delete a User account for breach of any of these Terms;
International Fees & Customs Charges
Some orders may incur import duties, additional fees or brokerage charges associated with importing & processing goods through customs. Enertion Boards do not have any control over these charges or are able to advise what they will be, as it is based on your own country’s regulations & compliances. For further information, please contact your local customs office.
All charges are to be paid by the customer on delivery of order. Orders cannot be returned to sender and Enertion Boards will not pay these customs charges on your behalf. If you refuse to pay these charges your parcel may be abandoned, and Enertion Boards will not be held responsible for any loss of funds as a result of this occurrence. We cannot mark International orders as a gift in order to bypass or reduce any customs fees. This is an illegal practice and as an established business we will not do this.
This website is intended for use by individuals and companies worldwide. This includes all countries and states. However, some countries may have restrictions applied without notice.
Limitations of Use
We are under no obligation to guarantee the products under these Terms except as stated in the Warranty Terms and Returns Policy. You agree to follow the Terms within this agreement.
Third Party rights
The Website may contain hyperlinks, banner ads and content directing Users to other sites other than this Website. This content is only provided as additional to the Services and as such does not imply a relationship, affiliation or sponsorship to a third party. We cannot control cookies and banner adverts appearing on your browser and take no responsibility for their content.
We retain the ownership of all Intellectual Property rights in and to the Services or Website. All content that is contained within these Services are licensed to Enertion Boards and includes all areas as defined above. We grant you a limited, revocable, personal, non-transferable, non-exclusive license to use the Website or Services for User purposes in line with the Copyright Act 1968 (Cth) and to print or electronically copy order summaries for the sole purpose of placing an order or for personal records for an order that has been placed with Enertion Boards. Permission to use, distribute, or reproduce any content from Enertion Boards for commercial purposes is strictly prohibited unless authorised by Enertion Boards.
You retain the ownership of all Intellectual Property rights of any content or information you submit to the Service. Nothing in these Terms transfer the Intellectual Property Rights to the Services or Website. You grant us a royalty-free, sub-licensable, transferable, irrevocable and perpetual licence to use, any contributions you make to the Website in connection with our operation of the Services.
Intellectual Property of Third Parties
Banner ads, click ads and other promotional material used in these Services may belong to third parties. As such these Terms and use of these Services do not grant you license or right to use such content. It does not imply an intellectual property rights to you. If you see a breach of intellectual property you can report it to us at firstname.lastname@example.org.
Prices and Goods
Prices displayed on our Website may be updated from time to time and may change without notice. However at point of sale the price is fixed and will be delivered according to the terms agreed to at that point in time. Point of sale is determined when an order is processed and a receipt email notice is sent. All orders are immediately actioned at this point of sale. All prices listed are separate to handling and shipping charges. There may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total. All credit cards are charged in Australian Dollars. Non-Australian currency figures are all approximations based on an exchange rate and this includes all other currencies. If there is an anomaly in pricing on the Website we will contact you and give you the option to accept the correct price or cancel the order pursuant to these Terms. We do not ship to a PO Box. Once we have dispatched the goods it is your responsibility to liaise with delivery and tracking systems to make a time for delivery if applicable.
If you are accessing our Services via a third party the prices and availability may differ. Please assess these prices and availability along with any relevant terms and conditions when considering the Services.
Where commissions and fees are applicable they will be distributed in line with these Enertion Boards terms and conditions.
Enertion Boards currently offer two Referral Program options. They are governed by these terms and conditions and operates as follows:
- Raptor 2 Referral Bonus program begins November 2016;
- In order to qualify one Customer must refer another new Customer who purchases and keeps the Raptor 2 product for 90 calendar days after delivery;
- The affiliate receives AUD$100 into their nominated PayPal account. Payments will only be processed into a PayPal account and some currency conversion variances may apply;
- The referee receives a discount coupon which will be equivalent to USD$100 discount deducted from the purchase price of a Raptor 2;
- There is no limit to the number of bonuses an affiliate can earn;
- The Bonus is subject to these Terms and can be terminated at discretion by Enertion Boards.
- VESC-X Referral Bonus program begins October 2016;
- In order to qualify one Customer must refer another new Customer who purchases and keeps the VESC-X product for 90 calendar days after delivery;
- The affiliate receives AUD$15 into their nominated PayPal account. Payments will only be processed into a PayPal account and some currency conversion variances may apply;
- The referee receives a discount coupon which will be equivalent to USD$15 discount deducted from the purchase price of a VESC-X;
- There is no limit to the number of bonuses an affiliate can earn;
- The Bonus is subject to these Terms and can be terminated at discretion by Enertion Boards.
Product descriptions and models on the Website may be updated from time to time. It is the Users responsibility to ensure they are purchasing the correct product. Product dimensions, net weights and shipping weights are estimates only. We are not liable for any delays that may occur through the supply chain and any such delays beyond our control will be subject to an extension of delivery time. Where an incorrect or insufficient delivery address is used there may be an additional redelivery fee. See our Return Policy for more information.
The VESC product is an open-source product that Enertion Boards manufacture and sell. It is licensed under a creative commons licence.
Mutual No Exclusivity
These Terms do not create an exclusive relationship between the parties. We are free to engage other Users and to advertise of the same or similar nature to those provided by you, and you shall be entitled to engage Services of others.
Changes and Variations
We may change, suspend or discontinue any part of the Services at any time at our sole discretion and without any liability to you. We may revise, change or modify these Terms at any time by making updated Terms available through the Website. Continued use of the Services will be deemed acceptance of the updated Enertion Boards terms and conditions.
Termination and Breach of Terms
We reserve the right to decline, suspend or terminate your User registration and use of the Services, or cease the Services in its entirety, at any time for any reason, including for a breach of these Terms by you or for our own business reasons. If this occurs you will no longer be able to access some or all of the Services, as determined by us.
Where we terminate your User registration and use or a part of the Service for a breach of these Terms by you, we will have no liability to you. Where we terminate your User registration for our own business reasons, we will refund you any costs and fees which have not yet been received. To the extent permitted by law, you will not otherwise be entitled to a refund of any costs and fees. For further information see our Enertion Boards Returns Policy.
You must not use the Website or Services for any purpose not permitted or contemplated by these Terms (or otherwise not authorised by us), or which is unlawful.
To the extent permitted by law:
- you are responsible for your access to and use of the Website, including for other people’s use of the Service using your user name, password and/or answers to security questions (with or without your permission) not limited to products and Services;
- we are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components) arising from the provision of, or your access to or use of, the Website; and
- any guarantee, warranty, term or condition is implied or imposed into these Terms by legislation and cannot be excluded, then our liability for breach of that guarantee, warranty, term or condition is limited to the re-supply of the Services, or the payment of the cost of re-supplying the Services pursuant only to our Enertion Boards Returns Policy and Enertion Boards Warranty Terms.
All mechanical (non-electrical) products sold by Enertion Boards come with 600-day replacement warranty which guarantees against manufacturing faults. Faults will be remedied and handled at our sole discretion on a case by case basis. If the product has a manufacturing fault we will replace it free of charge once we are satisfied that the fault is as a result of manufacturing and NOT from extreme riding or overuse. Any such replacement will be sent to the original purchase address with any shipping costs borne by us. Notwithstanding the most efficient and economically shipping will be used. Consumable items (also known as consumable goods, nondurable goods, or soft goods) do not have a 600-day warranty if used. If it is practical to repair a faulty product then we will, or else at our discretion, we will replace the product. If the product fails due to wear and tear, accident, neglect or negligence, or if it is outside the warranty period, we will happily repair it for a reasonable charge. For such repairs at our discretion we will request you return the goods to your nearest certified repair agent or to the Enertion Boards HQ in Australia. Depending on your location we may or may not give permission for you to send the goods to a repair agent. Do not act until we have informed you of the remedy method and handling. No further costs, unauthorised charges or otherwise will be reimbursed to you beyond those set out in these Terms.
Products purchased from enertionboards.com that are Electrical, Electronic and/or require electricity to function or partly function are covered by a limited 60-day warranty from the purchase date unless otherwise stated. Complete Pre-Built Electric Skateboards have a comprehensive 12 months parts replacement warranty. If you are using Enertion motors, batteries, motor controllers or radio transmitters in combination with & directly connected to other brands of electronic products from suppliers other than Enertion, installed by anyone other than and Enertion technician; the 60-day warranty is void. If any Electronic part has had hardware or software modifications the warranty is void. If you do not have a protection circuit, such as a fuse connected to your battery the warranty is void. All warranty claims must be submitted in writing for review & approval. Any electrical/electronic product that is deemed by Enertion Boards to be malfunctioning or faulty that is within 60 days of the purchase date will be either repaired or replaced at our discretion. ALL claims MUST be submitted in writing and you may be asked to provide video & photographic evidence of the fault, if you are unable to provide evidence of a fault you will be required to return the goods to Enertion boards for testing. The cost of return postage is the responsibility of the claimant and is not covered by warranty. Items that are deemed to be faulty & are repaired or replaced under the 60-day warranty will be sent out to the customers original purchase address free of charge.
Customers purchasing the VESC-X, R-Spec or Space Cell-X will be given the opportunity to purchase an Instant Replacement Warranty. The purchase of an Instant Replacement Warranty entitles the original purchaser of the goods to submit warranty claims for electrical components they believe to be faulty for a period of one (1) year from the purchase date. All IRW claims must be submitted in writing for review & approval. Any electrical/electronic product that is deemed by Enertion Boards to be malfunctioning or faulty that is covered by a valid IRW will be replaced immediately. When submitting a claim you may be asked to provide video evidence of the fault, if you are unable to provide evidence of a fault you will be required to return the goods to Enertion Boards for testing. The cost of return postage is the responsibility of the claimant and is not covered by the IRW. Items that are deemed to be faulty & are replaced under the IRW will be sent out to the customer’s original purchase address free of charge.
Complaints and Disputes
If you have any concerns or complaints regarding the Services, please report it to email@example.com. While we hope that we will be able to resolve any complaints you may have without needing to involve third parties, the escalation is to lodge a complaint with a relevant regulator in your State or Territory in Australia. No third party is entitled to enforce any term under this agreement under any applicable source of contract law.
One Year Electric Product Instant Replacement Warranty (IRW)
The purchase of an electric product protection plan entitles the original purchaser of the goods to submit warranty claims for electrical components they believe to be faulty for a period of one (1) year from the purchase date. All IRW claims must be submitted in writing for review & approval. Any electrical/electronic product that is deemed by Enertion Boards to be malfunctioning or faulty that is covered by a valid IRW will be replaced immediately. When submitting a claim you may be asked to provide video evidence of the fault, if you are unable to provide evidence of a fault you may be required to return the goods to Enertion Boards for testing. The cost of return postage is the responsibility of the claimant and is not covered by the IRW. Items that are deemed to be faulty & are replaced under the IRW will be sent out to the customer’s original purchase address free of charge.
Product Returns and 300 Day Money Back Guarantee
If you need to return an item, simply log in to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. Return your unwanted item/s to us with the issued return authorization number in original re-saleable as new condition & in the original packaging within 300 days of the purchase date, at our discretion you will receive a refund, or in certain cases a store credit, to the value of all goods returned. We ask you to send all returns via registered, trackable and insured post; as we do not accept responsibility for lost items. Product return / shipping charges are to be paid in full by the sender. Enertion Boards will reject any unauthorised returns. Shipping charges will not be credited. We'll notify you via e-mail of your credit once we've received and processed the returned item. Product Returns & Credits can take up to 30 days to be processed. We do not offer cash refunds on returned items.
In consideration of your purchase and use of the Services from us;
Riding the Enertion Boards Raptor Electric Skateboard, like riding any skateboard, snowboard or mountain bike, is an action sport with inherent risks. This means that due to the nature of the activity, the situations that you may encounter while riding expose you to the risk of injury (minor or serious), paralysis or death in the event of an accident.
In consideration of the inherent risk; the following actions may limit or mitigate the risk:
- practice riding away from hazards such as people, vehicles, uneven terrain, and other general obstacles;
- progressive learn riding techniques;
- take time to learn and understand how the Raptor works and what its limitations are;
- apply good judgement to ride within your capabilities;
- not allow other riders to pressure you to ride outside of your comfort zone;
- give due consideration to the weather and terrain when and where you are riding;
- wear appropriate level of protective equipment;
- do not ride the Raptor if it is (or if you think it is) damaged in any way; and
- read, absorb, appreciate and think about any safety information that is presented to you.
The Raptor is a unique product designed for enthusiasts, it may handle and behave different than other similar products you have experienced using. Even if you are an experienced board rider, you should consider yourself and beginner the first time you step onto it. Take your time to learn and practice how to ride.
Injuries are possible. The reality is that we cannot predict or control how you ride, nor predict or control the exact nature of the consequences of the fall or accident. Even the smallest fall or accident can result in serious injury, paralysis or death. So whilst we can do everything in our power to make the Raptor mechanically and electrically sound, your safety is ultimately in your own hands.
The Raptor is not designed to protect you. The Raptor is a small, light-weight transportation device. Unlike a car, there is no restraint or protective structure for your body. Crash worthiness cannot be a design criterion. You can be thrown off the Raptor for all kinds of reasons, including but not limited to, striking an obstacle and overly hard use of the accelerator/brake controller. It is up to you to ensure that you are wearing the appropriate level of protective equipment every time you ride the Raptor.
Protective clothing. We strongly urge you to wear the appropriate level of protective clothing when riding the Raptor. It you intend to only cruise on paved paths, we recommend that, as a minimum, you wear a skateboard helmet, elbow pads, knee pads, gloves, protectively padded top and pants. If you intended to do any form of off-road riding, jumps or free-riding, we recommend that, as a minimum, you wear a full face helmet, full fingered gloves, neck brace, chest protector, back brace, elbow and arm protector, knee and shin protector and a pair of shoes with good ankle support. As the manufacturer of these protective equipment items state, they will not prevent all injuries, but they will reduce your risk of serious injury, paralysis or death. By riding the Raptor and using these Services you accept the risk of death or injury.
Release and Indemnity
In consideration of us (which expression shall be taken to include our servants, agents, officers and directors, successors or assignees) agreeing to permit you use of the Website and Services:
I release Enertion Boards Pty Ltd from all claims which I have, now or later against Enertion Boards Pty Ltd whether for: personal injury (including death and disability) or otherwise, and whether occasioned by:
- breach of contract;
- breach of statutory duty; or
- suffered as a result of or in connection with my using the Website and Services.
I indemnify and will at all times in the future indemnify Enertion Boards Pty Ltd against all proceedings, actions, claims or demands made by any person for: personal injury (including death and disability) or otherwise, and whether occasioned by: suffered as a result of or in connection with my using the Website and Services.
We will provide the Website or Services with due care and skill but except to the fullest extent permitted by law, we do not warrant that the Website or Services will be provided without fault or disruption.
To the fullest extent permitted at law and except as expressed to the contrary these Terms, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Website or Services including, but not limited to, loss or damage you might suffer as a result of:
- incorrect product listing information from other merchants;
- errors, mistakes or inaccuracies on our Services and Website;
- any unauthorised access to or use of our secure servers located in the USA;
- any bugs, viruses, or other harmful code or communications which may be transmitted to or through our Website or Services by any third party;
- you acting, or failing to act, on any information contained on or referred to on the Website or Services and/or any linked website;
- personal injury or property damage of any nature resulting from your access to, and use of, the Website or Services and any purchases made from the Website;
- any limitations stated in these Enertion Boards terms and conditions;
- any interruption or cessation of transmission to or from our Services and Website; and/or
- failures or deficiencies in relation to the merchantability or fitness for any purpose of any Service appearing on any linked sites not operated by us or our related entities.
Except if and to the extent only required by law or as otherwise set out in these Terms, we do not warrant, endorse, guarantee or assume responsibility for any Service advertised or offered by a third party at the Website or Services or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
Where any law implies a warranty into these Terms which may not be lawfully excluded then to the fullest extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.
We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses. The only authorised access point is Enertion Boards.com with no characters before or after.
It is important that you determine prior to purchase, whether a Service is suitable for you.
Entire agreement: These Enertion Boards terms and conditions comprise the entire agreement between you and us in relation to your access to and use of the Website and Services.
Applicable law:The provision of the Services and these Terms, including all of the rights and duties of the parties arising from or relating in any way to the provision of the Services and these Terms, are governed by the laws of Australia, and we and you each submit to the exclusive jurisdiction of those courts.
Severability: If any of these Termsare invalid, unenforceable or illegal, the remaining Terms will continue to apply.
Assignment: You must not assign or novate these Terms or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, novate or assign our rights and obligations under these Terms, and to the extent necessary you hereby consent to such novation, assignment or transfer.
Waiver: No waiver of a right or remedy under these Terms is effective unless it is in writing and signed by the party granting it.