Terms of Use
User Agreement
In using this website and/or service the USER (also referred to as “you") are deemed to have read and agreed to the following terms AND CONDITIONS and privacy policy. TOGETHER THESE terms AND CONDITIONS AND PRIVACY Policy CONSTITUTE YOUR USER AGREEMENT (“AGREEMENT") CYRUSHER OUTDOORS SPORTING LIMITED, owner and operator of www.cyrusher.com website and application. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEB SITE and/or application, ANY MEMBERSHIP YOU MAY ESTABLISH ON THE SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEB SITE OR APPLICATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS of SERVICE IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE AND/OR APPLICATION, SIGN UP FOR MEMBERSHIP, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE WEB SITE.
Terms and Conditions
Account Creation and Use of Site
By registering as a user, you certify that you are 18 years of age or older. Children under the age of 18 may not become Site users, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a resident of a state, province, or country that imposes additional or different age requirements for disclosure of personally identifiable information, by registering as a user, you hereby represent that your registration as a user, the provision of your personally identifiable information to us, and our use of such personally-identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.
CYRUSHER OUTDOORS SPORTING LIMITED Application and cyrusher.com (hereinafter collectively referred to as “Cyrusher") request that you provide your full name, current address, a valid email address, and any other information need to complete to the sign-up process. Please note that by signing up for this Site you acknowledge that Cyrusher will use the initially provided email for all communication.
When you sign up to use the cyrusher.com website and application (hereinafter referred to as “the site") and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password and for all activity made by you or anyone whom you allow using your account. You agree to safeguard your password from access by others. You agree to defend, indemnify and hold harmless Cyrusher for losses incurred by Cyrusher or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password. Cyrusher is not responsible for any loss or damages that result from your failure to maintain the security of their account and/or password.
You are prohibited from transmitting any program, code, virus or another item of a destructive nature. Furthermore, you must adhere to all laws of your particular jurisdiction; moreover, any illegal or unauthorized purpose is strictly prohibited. The prohibition noted in these terms is subject to the law of your jurisdiction, inside the People's Republic of China and abroad. You are fully and solely responsible for knowing what activities are permitted in your jurisdiction.
You agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site without the express written permission by Cyrusher. The name, trademark, symbol, or representation of the CYRUSHER brand is the sole property of Cyrusher. Cyrusher retains the right to use or transfer any account information other than your credit card information. *Credit Card or Debit information is always encrypted. All transmission and storage of information by Cyrusher, is governed by Cyrusher's Privacy Policy.
Cyrusher is and will be the sole arbiter of determining which activity, content, usage is deemed destructive in nature. A breach of any term in this Agreement is the sole determination of Cyrusher and will result in discipline, up to and including, termination of your account and legal action by Cyrusher.
Terms of Sale
All Products and services listed on the Site are subject to change, as is Product information, pricing, and availability. Cyrusher reserves the right, at any time, to modify, suspend, or discontinue any Site feature or the sale of any Product with or without notice. You agree that Cyrusher will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Site feature or Product. In the event a product is listed at an incorrect price or with incorrect information, Cyrusher shall have the right, prior to the acceptance of your order, to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.
Your receipt of an order confirmation or charging your credit card/PayPal account, by Cyrusher does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verification or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the canceled portion (if your credit card has already been charged for the order) or (b) not charge your credit card or PayPal account for the canceled portion of the order.
Any delivery dates provided by Cyrusher are estimates. We reserve the right to make deliveries in installments. Cyrusher will send you an email when your order has shipped and you may review your order and shipping information on your account page.
Import Duty and Tax
In most cases, you will receive items or orders at your final payment paid to www.cyrusher.com. It is the customer's responsibility to pay the import and customs duties and fees that are incurred as a result of the international shipment (Except shipping from the above warehouses to a domestic or single marketplace) , the customer is also responsible for ensuring they comply with all of their local/state/federal regulations concerning the import and use of electric bicycles or bicycles.
Changes of Shipping
Any changes that the customer makes regarding shipping once the item is shipped, including but not limited to changing the address, putting an order on hold, or updating shipping settings/preferences surrender the option for replacement items and/or refunds if any issues occur.
Please note we are not responsible for any lost, stolen, or damaged items due to any parcel service fault.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you are shipping an item over $100, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Paypal Shipping Address
If your payment is processed by Paypal, please note that we only ship to the confirmed address provided by PayPal. Before you pay, please make sure your address in PayPal matches the address you would like us to ship to. (If in any case of some countries and regions, we can not ship to, we will also inform you accordingly by email after your purchase.)
Street Legality
Under the United States' Federal Electric Bike Regulations, our bikes are considered street legal, and because of this are viewed as bicycles, not motorized vehicles. PLEASE NOTE, it is important for you to check your state, county, and local laws to ensure that you are riding legally and safely. For Other Countries and Regions, as laws and regulations differ greatly between countries, we ask that you check your local laws to make sure you are riding legally and safely. We are happy to provide assistance with registering your e-bike when required.
Pre-Orders and Pre-Order Cancellations
For all pre-orders, your credit/debit card will be charged immediately. There will be no delay in payment collection, regardless of when the item is expected to ship.
Any and all pre-orders that are canceled prior to shipping are only eligible for a 90% refund of the total order price.
Before and After Shipping Cancellations
If you place the order by mistake or change your mind to cancel the order, please Contact Us for confirmation within 48 hours for any order cancellation.
Purchased but not shipped: 100% refund.
Purchased and shipped: Customer pays to ship both ways (Original shipping cost is withheld from refund).
Special Offers, Codes, and Promotions:
Cyrusher Sports reserves the right to put limitations on the combining, stacking, and use of any and all promotions done via the website, email, social media, or any other channels where promotions are detailed and/or distributed. Cyrusher Sports reserves the right to pause all promotions, codes, and referral programs for some sales and for all new product launches. Any and all promos must be used at the time of purchase and cannot be used retroactively, promo codes cannot be stacked, used in tandem, etc.
Refund
If you are approved for any refund, a credit will automatically be applied to your credit card or original method of payment, within 2-15 days.
Late or missing refunds. If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next, contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at customer@cyrusher.com.
Sale Items
There are no returns for items on sale. All sale items are final sales, with no refunds, exchanges, or credits of any kind. If sale items are returned without authorization from our customer service, it will be returned to the customer immediately and the customer will be notified. Restocking fees may apply to unauthorized returns.
Special Orders
Unfortunately, special orders are not returnable. Each special order is made specifically for each customer and is a final sale, with no refunds, exchanges, or credits of any kind. If special orders are returned without expressed permission from our customer service, they will be returned to the customer immediately and the customer will be notified. Restocking fees may apply to unauthorized returns. For international shipping of special orders, additional charges may apply to orders containing both in-stock and special order items.
Credit Card Chargebacks:
If for any reason a credit card chargeback of any amount is issued on an order and the customer is still in possession of the product(s) within said order, the warranty will be paused until the chargeback is resolved.
Orders Flagged as Fraud
If your order is flagged by our system as a high risk of fraud, we reserve the right to refuse to fulfill and refund your order. If you feel that a refund was made by mistake, please email us at customer@cyrusher.com.
If your credit card payment is not successfully processed, please visit our Help Page for more information.
Important Tips
- Please keep your original packing box for any e-bike or bike at least 30 days after delivery for any potential return. Otherwise, you may be charged $50-90 for re-sending your new packing box(s) from us.
- Please note that information regarding the expected range on a single charge on one of our e-bikes is an estimate, not a guarantee. There are many factors that contribute to the actual, real-world range for an e-bike battery such as the age of the battery, temperature, level of assist, speed, payload, and terrain. Given the right conditions, it is possible to get less than the expected minimum range or greater than the expected maximum range.
Returns Policy
1) Ebikes/Bikes orders:
- No returns after 30 days of receiving;
- To be eligible for a return, the bike must be unused, free from dirt, dust, or any fragrances, and in the same packaging and condition that you received it;
- Box must be sealed and unopened;
- Customer pays for the shipping both ways (Original shipping cost is withheld from refund);
- Subject to up to a 25% restocking fee (this is withheld from refund);
- Ebikes/Bikes that have been Registered in the Buyer's Name officially CAN NOT be returned;
2) Gears/Replacements/Parts orders
- No returns after 30 days of receiving;
- To be eligible for a return, the item must be unused, free from dirt, dust, or any fragrances, and in the same packaging and condition that you received it;
- Subject to a 25% restocking fee (this is withheld from refund);
- Customer pays for the shipping both ways (Original shipping cost is withheld from refund);
3) Used items
- No returns, except in EXTREME cases of Breakage/Malfunction (Confirmed by Cyrusher Sports).
4) Non-returnable items
- All Wearings (clothing, hats, etc)
- Batteries
- Special orders
- Sale items
- Gift cards
- Gifted orders
5) Damaged Items
If the Product arrived damaged, please send any pictures or videos to customer@cyrusher.com immediately(Any delay Damaged Products Report over 3 days after delivery may increase the rejection rate from carriers). Once it is confirmed by Cyrusher Sports Team, Cyrusher Sports will accept returns for a full refund only in accordance with the Return Procedures below. Your sole and exclusive remedy is that (a) we will issue a refund to your credit card or PayPal account in the amount charged for the Damaged Product (if your credit card or PayPal account has already been charged for the Product) or (b) we will not charge your credit card or PayPal account for the Damaged Product.
Warranty Terms
This warranty only applies to the original owner of a Cyrusher Sports Electric Bike and Bike. This warranty is expressly limited to the replacement of defective parts at the sole discretion of Cyrusher Sports Electric Bikes and Bikes. This warranty does not cover any damage or defects resulting from failure to follow instructions in the owner’s manual, acts of God, accident, misuse, neglect, abuse, commercial use, alterations, modification, improper assembly, wear and tear, installation of parts or accessories not originally intended or compatible with the bicycle as sold, operator error, water damage, extreme riding, stunt riding, or improper follow-up maintenance. Only in extreme cases will an entire replacement bike be issued, in these cases the original bike may have to ship to the Cyrusher Sports facility for inspection/repairs before a new bike is sent out. If repairs can be made, a new bike will not always be sent. This warranty does not include consumables or normal wear and tear parts (tires, tubes, brake pads, cables and housing, grips, chain, spokes). Cyrusher Sports will not be liable and/or responsible for any damage, failure, or loss caused by any unauthorized service or use of unauthorized parts. Shipping damage must be reported to Cyrusher Sports Team at customer@cyrusher.com within a reasonable amount of time (3 days) after shipment arrival. In no event shall Cyrusher Sports Electric Bikes and Bikes be responsible for any direct, indirect, or consequential damages, including without limitation, damages for personal injury, property damage, or economic losses, whether based on contract, warranty, negligence, or product liability in connection with their products.
Warranty Details
Every electric bike and bike sold by www.cyrusher.com is covered under our manufacturer's limited time all-inclusive warranty for the original owner against defects in material or workmanship, including all individual components as follows:
A). 2-Year Limited Warranty
Cyrusher Sports's bicycle components including frame, forks, stem, handlebar, headset, seat post, bottom bracket, crankset, and pedals are warranted to be free from manufacturer defects in materials and/or workmanship for a 2 years period from the date of original purchase.
B). 1-Year Limited Warranty
Electric Bikes / Bikes and components including derailleur, shifter, motor, throttle, controller, wiring harness, LCD display, kickstand, rims, wheel hub, freewheel and cassette, reflectors, and hardware are warranted to be free from manufacturer defects in materials and/or workmanship for a 1 year period from the date of original purchase.
Electric Bikes Lithium-ion batteries are warranted to be free from manufacturing defects in materials and/or workmanship for 1 year period from the date of original purchase. The battery warranty does not include damage from power surges, use of an improper charger, improper maintenance, or another such misuse, normal wear, or water damage.
C). No Warranty
Please note that gears and accessories are excluded in this warranty policy but included in our Return Policy.
What Will We Do?
If a component is deemed to be defective or damaged without user error we will issue a replacement part. We will assist you in replacing any defective part. We will replace any parts deemed to have been damaged during shipping. We will provide the owner a replacement product if the product can not be repaired after a reasonable number of tries as determined by Cyrusher Sports Team.
What Will We Not Do?
Cyrusher Sports will not replace any part without first seeing photos or video of the damaged part. We will not offer warranty service to second owners. We will not replace any part damaged by the user. We will not pay for any third-party service or part replacement unless agreed upon prior to the fix. We will not pay for return shipping on any damaged or defective product or component.
Cyrusher Sports will not cover any damage that may occur during shipping if the owner sets up their own shipping option or if the bike is shipped using a freight forwarder or similar service. For more information, please check our Return Policy.
Claims
All claims to this warranty must be made through Cyrusher Sports. Proof of purchase may be required with any warranty request. Before making a warranty claim, we suggest that you contact our customer service team as there may be a simple fix for your problem. Valid warranty claims will be processed through Cyrusher Sports within one year of initial purchase. Warranty claims may be submitted to customer@cyrusher.com.
Shipping Damage Claims
IMMEDIATELY inspect your product(s) for damage. Freight damage claims are extremely time-sensitive. We will not accept freight damage claims later than 30 days from receipt of the product. Note any damage to your product(s) on the Bill of Lading before you and the driver sign-off on the shipment. Take pictures of any damage that is found, and date the images when possible. Keep all packaging and paperwork until the inspection process is complete. Report damage claims within 10 days of delivery to a Cyrusher Sports customer service representative at customer@cyrusher.com.
User Feedback and Content Submissions
Cyrusher welcomes your feedback, but if you send us or post or embed on the Site, App or via any Service, any feedback, messages or comments; your creative or original concepts or ideas; any content, data, text, photographs, graphics, or other materials; or any confidential, proprietary or other information (“Submissions"), you represent and warrant to Cyrusher that you either own the Submission or have the right to grant Cyrusher the license described below. Cyrusher does not claim to own such Submission, only the rights you have licensed to us.
You agree that in making a Submission, Cyrusher shall not be required to compensate you for any such license or Submission, that any such Submission shall not be considered confidential or non-public once submitted to Cyrusher, and that Cyrusher alone is free to decide whether or not to post or use the Submission. In the event a Submission is posted or used via the Service, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a Submission to Cyrusher via the Site or otherwise, you: (a) agree not to make any Submission that violates in any way the User Agreement; (b) automatically grant Cyrusher a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licensable license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any Submission. You also grant each user of the Service a perpetual, worldwide, non-exclusive license to access your Submission through the Service and to use, reproduce, collect, distribute, share, display and perform such Submission as permitted through the Service and under these terms and conditions.
Cyrusher reserves the right to remove content at any time with or without notice. Inappropriate content is not permitted on the Site and will be removed.
Rights and Reservations
Cyrusher shall have the right to terminate your use of the Site and/or your registration privileges at any time for any reason, including, but not limited to, your breach of this User Agreement, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations may at any time modify or terminate the Site for any reason, without notice. We also reserve the right to refuse service to anyone for any reason at any time.
Cyrusher has the right, but not the obligation to, remove Site content; as well as suspend a customer's account that it deems in violation of this Agreement. We will not tolerate any verbal or written abuse of any kind (including threats of abuse or retribution) of any Cyrusher customer, Cyrusher employee, member, or officer. Such conduct will result in immediate account termination.
Cyrusher may at any time request documentation proof of identification in order to determine account ownership and use. Cyrusher may suspend use during such period until a determination can be made as to proper ownership of the said account.
You agree that any dispute or claim relating in any way to your Cyrusher purchase, use of any Product, or use of the Web site will be resolved by binding arbitration rather than in court.
Furthermore, we each agree that any proceedings will be conducted only on an individual basis and not in a class or representative action or as a member of a class, consolidated or representative action. If a claim proceeds in court rather than through arbitration, we each waive any right to a jury trial.
You must send a letter requesting arbitration and describing your claim to:
CYRUSHER OUTDOORS SPORTING LIMITED
Unit D,16/F, One Capital Place,18 Luard Road, Wan Chai, Hongkong
Tel：0086-755-23018373
E-mail: info@cyrusher.com
Limitation of Liability
You expressly and impliedly acknowledge and agree, the extent permitted by law, that Cyrusher shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or intangible damages resulting from the use of or inability to use the service. Furthermore, the extent permitted by law, Cyrusher or our suppliers shall not be held liable for lost profits or any special, incidental or consequential damages arising out of or in connection with its site, its services or this agreement.
You agree to indemnify and hold harmless Cyrusher and (as applicable) its parent, subsidiaries, affiliates, as well as Cyrusher's partners, officers, directors, agents, and employees, from any and all claims or demands, including reasonable attorneys' fees, made by any third party related to your breach of this agreement and incorporated documents or violation of the rights of any third party.
You further acknowledge and affirm that your use of the Site is at your sole risk. Cyrusher has provided this Site on a “as is" and “as available" basis without any warranty or condition, whether it be express, implied or statutory. Cyrusher makes no warranty as to the Site's timeliness, security, interruption or errors therein.
You acknowledge and affirm that Cyrusher does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet any of your expectations, or that any errors in the Service will be corrected.
Waiver and Compete Agreement
These Terms and Conditions, together with the Privacy Policy constitute the User Agreement and represent the entire agreement between Cyrusher and you, and supersede any and all preceding and contemporaneous agreements between Cyrusher and you. The failure of Cyrusher to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision in this Agreement will be effective only if in writing and signed by a duly authorized representative of Cyrusher.
Your Intellectual Property Rights
Cyrusher does not have, nor do they claim any intellectual property rights over the content, depictions, or designs provided or uploaded to Cyrusher from its vendors for products sold on this Site. Vendors who uploaded the Content are solely responsible for the Content. Vendors represent that they have all necessary rights to Content and that they are not infringing or violating any third party's rights by posting it.
By posting Content through our Services, vendors grant Cyrusher a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Content to provide the Services and to promote Cyrusher or CYRUSHER, your CYRUSHER shot, or the Services in general, in any format and through any channels, including across any Cyrusher Services or third-party website or advertising medium.
Cyrusher's Intellectual Property
Cyrusher's Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
Cyrusher grants you a license to reproduce content from the Services for personal use only. This license covers both Cyrusher's own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Cyrusher or the relevant copyright holder. A “commercial purpose" means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees and other legal costs) that arise from or relate to your use or misuse of Cyrusher. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you'll cooperate and help us in asserting any defenses.
Customer Information
Cyrusher will not disclose any customer's confidential information to third parties, except as required in the course of providing our services or by law. Confidential information includes any materials or information provided by you to us that is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time Cyrusher received it; (b) comes into the public domain after Cyrusher received it through no fault of their own; (c) Cyrusher received it from someone other than the client's without breach of this agreement or the herein confidentiality obligations, or (d) as required to disclose by law or court order.
*We reserve the right to change/update these terms
*By placing an order via phone, you agree to our terms of service
*Last Update: 25th,Feb.2020