Welcome to emovement’s website – referred to as our website – owned and operated by Kampyro ltd – referred to as ‘company’, ‘we’, or ‘us’ throughout the document. 

This page explains the terms by which you will use our website, including the purchase of company products, our online and/or mobile services, and software provided on or in connection with the service (collectively, The Service). It also covers the nuances of the brand’s return, refund, and replacement policies.

By accessing or using the service, purchasing our products, or clicking a button or checking a box marked “I Agree” or a variation thereof, you signify that you have read, understood, and agree to be bound by our Terms of Use and Purchase (or “Terms”). These terms apply to all visitors, users, and others who register for or otherwise access the Service (referred as “Users”).

Certain services may be subject to additional terms and conditions that we’ll specify from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms by reference.

Please read these the following carefully to ensure that you understand each provision. These terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

*Note that E Movement reserves the right to change these terms and conditions at any time without any prior notice to anyone.*

1. Use of Our Website

1.1 Eligibility

This is a contract between you and the Company. You must read and agree to these terms before using the Company Service. If you do not agree, you must not use the Service or purchase any Product. You may purchase the Products only if you can form a binding contract with the Company, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access of the Service by anyone under 13 is strictly prohibited and in violation of these Terms.

1.2 Company Service and App.

1.2.1. Use of Service

Subject to the Terms and Conditions, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable licence to use the Service for your personal, non-commercial use only and as permitted by the features of the Service. Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). Company may terminate this licence at any time for any reason or no reason.

1.2.2. Use of App

We may make available software to access the Service via a mobile device (the “App”). To use the App, you must have a mobile device that is compatible with the App. Company does not warrant that the App will be compatible with your mobile device. You may use mobile data in connection with the App and may incur additional charges from your wireless provider for these services.

You agree that you are solely responsible for any such charges. Company hereby grants you a non-exclusive, non-transferable, revocable licence to use a compiled code copy of the App for one Company account on one mobile device owned or leased solely by you, for your personal use.

1.2.3. Restrictions on App Use

You may not: 

(i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; 

(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; 

(iii) make any copies of the App; 

(iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or 

(v) delete the copyright and other proprietary rights notices on the App.

1.2.4. Upgrades

You acknowledge that Company may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device.

You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions will apply to all such upgrades. Any third-party code that may be incorporated in the App is covered by the applicable open source or third-party licence EULA, if any, authorising use of such code.

1.2.5. Restriction on Licencing

The foregoing licence grant is not a sale of the App or any copy thereof, and Company or its third-party partners or suppliers retain all right, title, and interest in the App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void.

1.2.6. Company Accounts

1. Your Company account gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Company account on behalf of a company, organisation, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
2. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Company immediately of any breach of security or unauthorised use of your account. Company will not be liable for any losses caused by any unauthorised use of your account.
3. You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing Company your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by contacting us at support@frostsink.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

1.2.7. Service Rules

1. You agree NOT TO engage in any of the following prohibited activities:

1. Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
2. Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Company grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Company Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
3. Transmitting spam, chain letters, or other unsolicited email;
4. Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
5. Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
6. Uploading invalid data, viruses, worms, or other software agents through the Service;
7. Collecting or harvesting any personally identifiable information, including account names, from the Service;
8. Using the Service for any commercial solicitation purposes;
9. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
10. Interfering with the proper working of the Service;
11. Accessing any content on the Service through any technology or means other than those provided or authorised by the Service, or
12. Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
13. Accessing any audiovisual content that may be available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Service. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Company Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
14. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
15. You are solely responsible for your interactions with other Company Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.

2. Our Proprietary Rights

2.1 Use of Company Content

Except for your User Content, the Products, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Company Content”), and all intellectual property rights related thereto, are the exclusive property of Company and its licensors (including other Users who post User Content to the Service). 

Except as explicitly provided herein, nothing in these Terms shall be deemed to create a licence in or under any such intellectual property rights, and you agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by these Terms is strictly prohibited.

2.2 Submission of Content

You may choose to or we may invite you to submit comments or ideas about the Service or our Products, including without limitation about how to improve the Service or our Products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.

3. Orders and Payment Terms, and Referral Program

3.1 Reservations 

If the Company offers the ability to reserve Products (“Reservations”), such Reservations are not transferable. If you transfer your Reservation, the Company may cancel your Reservation and refund any amounts that you paid for such Reservation. You understand and acknowledge that Reservations do not constitute an order for Products or any promise of shipment, and Reservations are subject to full payment and your provision of other information.

3.2 Placing an Order 

After you place an order we will review the information you provided for validity by verifying your method of payment, billing, and/or shipping address. Orders may not be accepted for delivery to certain addresses and territories based upon your location. We may contact you (via email or phone) if additional information is required to accept and process your order. Invalid order information may result in delays processing your order. For Product purchases, your receipt of an order confirmation does not constitute Company’s acceptance of your order. 

Without prior notification, the Company maintains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for any reason or no reason at all. 

The Company may, but is not obligated to, investigate your order for violation of these terms, including without limitation to verify your credit card information. The Company may cancel your order in its sole discretion if the Company believes that you have violated the terms of this Agreement. 

The Company reserves the right not to sell to resellers, dealers, or distributors. If your order is cancelled or refused, we will attempt to notify you using the email address or phone number you have given us with the order.

3.3. Nature of Product and the Order and Payment Process

3.3.1. Use of Products 

Company does not sell Products through the Service for or to children, but only to adults, who can purchase with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Service only with involvement and consent of a parent or legal guardian.  You agree to comply with all laws regarding the use of our Products, including laws regarding the required age to ride any or all products of the Company.

3.3.2 Payment Methods 

The Payment for Products purchased on our Service is conducted through Klarna, Snap Finance, Worldpay or another third-party payment processor. Payment may be subjected to Payment Processor’s terms and conditions. Company will not fulfil any Product order without authorisation validation of your purchase.  

You represent and warrant that the payment and shipping information that you provide is accurate and that you have the right to purchase Products using such payment information.  We may offer you the ability to finance your purchase of Products through the Service via a third-party provider.  The Company will use reasonable efforts to let you know what taxes and charges apply to your purchase of Products, however, we are not responsible if additional taxes or fees are assessed by your local government.

3.3.3 Offers 

You acknowledge and agree that any offers made available through the Service are subject to change at any time and from time to time.

3.3.4 Colours and Other Features. 

We have endeavoured to be as accurate as possible in describing and displaying the colours and other features of the Products made available for purchase through the Service; however, there is no warranty or guarantee that the colours, quality, product descriptions, or other content of the Service is accurate, complete, reliable, current, or error-free.

3.3.5 Disclaimer: Limited Functionality of Generic Displays

At E-movement, we take pride in offering high-quality electric bikes (eBikes) designed to provide you with a reliable and enjoyable riding experience. However,please note that as we believe in having spares that fit a variety of bikes, an electric bike’s display may have some features that aren’t active or supported by that particular bike. Please do not mess with the settings and do not assume features that we haven’t explicitly mentioned in our product descriptions. 

3.3.5 Changing Your Order Information 

If you’ve submitted an order for Products, and we haven’t yet shipped your Products, you may change your order information by contacting us at move@frostsink.com from the same email ID which was used while placing the order.

3.3.6 Shipping 

After we’ve received your payment, we will ship you the Products that conform to your order. Your Shipping is not free, but the cost is included in the product price.  We will ship the Product(s) you purchase via the shipping method of our choice, on such other terms and conditions (such as applicable shipping and handling fees) that we may disclose to you at the time of your purchase.  Please note that you may be required to sign for delivery of Products.  

We do not guarantee the services of any shipping company. Delivery dates and times are estimated and are not guaranteed. We will, however, use commercially reasonable efforts to dispatch the Product to you as soon as reasonably possible after you place your order. During special occasions, such as the Covid 19, holiday periods and or periods of inclement weather, there may be additional processing and shipping delays. You agree to not hold the Company liable for any shipping issues. 

Most package carriers have a short time frame in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. 

The Company has the rights to ship products from any place of our choice. At our discretion, we may choose to halt, or alter, the delivery of an order, even though it is in the hands of a delivery agent or shipping company. We may do this as a customer service or in cases where we suspect fraud. You agree to pay any additional charges that may arise to do circumstances in which we take such action. If available in your delivery area, you may also have the option of selecting delivery through a third-party provider.

3.3.7. Returns and Warranty 

The Company will provide refunds for Products purchased through our Website solely in accordance with our Return and Warranty Policy.

3.3.8 Referral Programs

The Company may, from time to time offer incentives for customer referrals. The terms of any such programs can be found in Company’s Referral Program Terms and Conditions .

4. Privacy

We care about the privacy of our users. You understand that by using the Service or purchasing Products you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United Kingdom.

5. Security

The Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

6. Copyright Complaints

It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorised to act on behalf of the copyright owner
2. An electronic or physical signature of a person authorised to act on behalf of the copyright owner;
3. Identification of the copyrighted work that you claim has been infringed.
4. Identification of the material that is claimed to be infringing and where it is located on the Service;
5. Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and email address;
6. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or law; and
7. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorised to act on behalf of the owner.

7. Third-Party Links and Information. 

The Service may contain links to third-party materials and services that are not owned or controlled by the Company, including without limitation third-parties that provide delivery or financing services. The Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. 

If you access a third-party website or service from the Service, you do so at your own risk, and you understand that these Terms and Company’s Privacy Policy do not apply to your use of such sites. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

8. Indemnity. 

You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

1. Your use of and access to the Service, including any data or content transmitted or received by you;
2. Your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above;
3. Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
4. Your violation of any applicable law, rule or regulation;
5. User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information
6. Your misuse of the Products;
7. Your wilful misconduct, or
8. Any other party’s access and use of the Service with your unique username, password or other appropriate security code.

9. Refund, Return, and Warranty

1. You have a legal right to cancel the contract between you and us within fourteen (14) days of delivery without giving a reason. The cancellation period will expire after fourteen (14) days from the day that you or a third party acting on your behalf (excluding the company that delivers the Products to you) takes physical possession of the Products you ordered.  You have a right to ask for a refund within 30 days if you are not satisfied with the product. You will be entitled for a full refund less the 2 way shipping cost (further details in succeeding paras). The products purchased on a special price (sale, demo, used bike) will not be returned after 7. The shipping will be paid by the customer. 
2. The following warranty periods will apply if your E-Movement purchase fulfils all the warranty criteria mentioned in the entire section.
   • E-Movement e-bikes are warranted against defects in materials for a period of up to twelve (12) months from the date of original purchase or other period notified by the Company in each case. 
   • E-Movement e-Skateboards warrantied for 6 months 
   • E-Movement e-bike batteries are under warranty for one year. The chargers are not covered under warranty. The lab decision will be considered final regarding the reason for the fault. 
   • There is NO Warranty on Accessories / demo or used products. The Accessories can be returned in 7 days provided they are unused and are undamaged. The warranty will be voided in case of no proof of purchase or the original order details from us.
   • Fenders, front LED, Horn, side stand, pedals and reflectors are the accessories provided complimentary with the product, free of cost. They are not covered under Warranty and you can not return the entire Product if these accessories are damaged. No replacement will be provided at any later stage.
3. Please check your product upon arrival to ensure it is not damaged upon transit. If you notice any damage to the packaging, or product, please notify the courier on the spot and notify us within 24 hours. At our expense, we will either arrange a courier collection or supply a pre-paid postage label to let you return the damaged item, or will send you a replacement part. Once we have received the item back we will issue you a replacement item. All the shipping costs incurred in such a case are under warranty, therefore you must notify any damage to the product to the delivery team when it’s handed over to you. If not notified, the claim for damage in transit may not be accepted.
4. In the unlikely event that we send a wrong item to you, we will at our expense, either arrange a courier collection or supply a pre-paid postage label to you to enable you to return the incorrect item.
5. Once we have received an item back for replacement, we will issue you with the replacement item. Should you need an expedited service we can issue a charged replacement item and credit you once we have received the wrong item back. Just get in contact with us and we can discuss these options with you.
6. If you’re eligible for a refund, you will receive it within 14 working days of us receiving the item (assuming satisfaction with the condition of the product).
7. In the following use cases, the company will not entertain warranty/refund/replacement requests.

• Poor/improper use
• Faults arising from poor / no maintenance
• Use on illegal areas
• Used for illegal purposes
• Used by a rider which is not recommended for its use
• Used in water, rain or puddle
• Water Ingress
• Repairing or maintenance from other than us
• Opening the compartment, remote or other sealed which were otherwise not supposed to be opened.
• Charging with any other method or charger, other than recommended.
• Over Charging
• Fault occurred due to addition, removal or modification of parts, functions or app.
• Modify, change / tamper the factory setting on the display meter.
• Normal depletion of consumable parts
• Faults arising due to customer’s fault.
• Accidents / damage.  
• Pending invoices not cleared within 15 days

8. Keeping the product in operational / working condition is solely the customer’s responsibility. The products need regular maintenance. Warranty doesn’t cover consumable parts such as:

1. Punctures and damage to the tyre, rim and spokes
2. Brake assembly including all related parts
3. Crankset, Pedals, chain, gears, derailleur and all related parts
4. Damage to chain set and pedal crank while inserting the pedals
5. Suspension and related parts
6. Any other fault arising from poor / no maintenance or due to wear and tear

9. The size chart, dimensions and specifications of all the products are clearly mentioned on our website. It is the customer’s responsibility to fully understand these specifications. Accepting return of products which don’t suit you due to size , weight, specifications etc is the sole discretion of the company. It may incur an administrative fee of £ 99.99 with both-way shipping. A further depreciation charge (minimum 25% of the total value) will also apply, if the product has been used.
10. The range for each e-Bike is measured under ideal circumstances. It may vary according to environment, terrain, weather, rider’s weight etc. The product can not be returned for a “low Battery Performance”. In such a case, a new battery will be offered.
11. The products are tested for IP65 level of water resistance. However, it is the customer’s responsibility to keep them secure, away from water ingress, and extremely humid or steam.
12. The range provided is calculated in ideal situations. In extreme weather or certain circumstances, this may be reduced up to 50%. Replacement will not be provided in such a situation. Please email the company immediately if you face such issues for further support.
13. The customers are required to keep the product box / original packaging for at least 6 months. Extra boxes (for Bikes) can be provided for a cost of £89.00.
14. The customer is responsible for two-way shipping charges incurred for the return of an unwanted item.
15. The warranty is non transferable. We will need the original invoice and or order number of (e movement only)  to proceed further. 
16. E-Movement reserves the right to not respond to or reject any warranty, replacement, or service request if the requirements above are not met.
17. No advice or information, whether oral or written, obtained by you from Company or through the Service or in connection with the Products will create any warranty not expressly stated herein.

9.1 The Warranty Process

9.1.1. What the Customer Must Do

In the unlikely event that an item is faulty, you may return it for repair within the period of warranty. If the item when received is faulty, notify us within 7 days along with details for swapping with a new product. 

Note that:

1. The item must be unused, in its original condition and suitable for resale. The items must be in an “as new” condition and in the original packaging including labels, stickers, additional accessories etc. 
2. If reasonable care is not taken about the item prior to our receipt, resulting in damage or deterioration of the goods or packaging, then a charge will be applied for the reduction in value. 
3. The item must be accompanied by the invoice with details of the reason for return stated. You are responsible for the item until it reaches us; we, therefore, suggest that you use a secure professional method of delivery e.g. signed delivery.
4. The faulty/damaged return collections will be free of charge. 
5. Missed collections are charged at £50.00 so please ensure you are available on the day that the collection is booked for.
6. The shipping for warranty purposes is the responsibility of the customer. The Company is not responsible for providing replacement products during the repair / replacement period, which may take up to 14 working days.
7. Remember, all packaging must be undamaged so please do not tape up packaging or write on it as this will make it unacceptable, this particularly applies to any boxed item, the box must not be used as external packaging.
8. It is customers responsibility to securely pack the product for return, may be for warranty or any other purpose. The customer has to ensure that all items are kept in the box before sending them for return. The damage / lost / missing caused will be borne by the customer

The items must be properly and securely packed, while returning product for any reason. Small items, like keys / quick release etc MUST NOT BE kept loose in the box. In case something is lost / damaged due to improper / loose packaging, the customer will be liable to pay the cost.

9. The company takes full care about the health and safety of its employees. Any item returned for any reason, MUST BE thoroughly cleaned before they are being collected. In case of failure, the company will charge £49.99 as washing / cleaning charges for each product.

9.1.2. Defects During Warranty Period

If a defect arises during the Warranty Period,the  Company will, at its option, 

(1) repair the affected Products at no charge using new parts or parts that are equivalent to new in performance and reliability, 

(2) exchange the affected Products with functionally equivalent Products that are new or formed from new and/or previously used parts that are equivalent to new in performance and reliability or, with your consent, Products that are at least functionally equivalent to the Products it replaces; or 

(3) refund the original purchase price for the affected Products. 

9.1.3. If No Fault Arises

After testing, if a returned item is found not to have any manufacturing faults or the fault mentioned for warranty purposes, then the customer will be responsible to pay the return delivery cost along with full price of replacement product if that has already been shipped to them. Any product found to be faulty within the first 30 days of purchase will be exchanged for the same product, or spare component parts will be supplied.

9.1.4 Return Postage costs.

We are not able to refund the cost of postage (both the original delivery charge and return postage) unless the item is faulty in the first 30 days. If you would like to request reimbursement for postage applied to any incorrectly advertised, damaged or faulty items then just get in touch with us via email. For Faulty Items we will either arrange for a courier to collect the item from you at our cost or provide you a prepaid returns label.

10. Service and Repair Policy

Note the following before booking a service, repair, or maintenance job:

10.1 Guarantee of Repairs

We will do our utmost to provide an excellent repair service. However there is no warranty or guarantee of the repair work.

10.2 Bike Servicing and Technician Advice 

Before commencing your booked services, our technicians will evaluate your bike to determine its condition. You shall be advised about additional services, repairs, or part replacements your bike may need; however, we shall not perform any additional work without your consent. Although, we can not guarantee that your bike will work optimally if you choose to overlook our recommendations. Nevertheless, we will do our best to make your bike perform at its optimum.

10.3 Bike Safety Checks

Our technician will give you a detailed assessment of the condition of your bike and inform you whether it’s suitable to use on the road or not. We will not perform any work without your consent, but we can not guarantee that your bike will be safe to ride should you choose to ignore our report and/or recommendations. 

10.4 Standalone Repairs

If you opt for specific repairs, we will not perform a full assessment of your bike. In case a need for further work arises because of the standalone repair, we will inform you but shall not perform any additional work without your consent. Should you not follow our recommendations, we can not guarantee that your bike will work normally. However, we shall try to make your bike work roadworthy.

10.5 No Liability Disclaimer

Emovement shall not be responsible for losses arising from the following, 

• repair, servicing, or maintenance work you have asked us to undertake; or
• Delays to, or complications with, fulfilling any booking

10.6 Cancellation Policy 

Note the following before booking an appointment or submitting a bike for processing:

1. Cancellation Before Appointments 

We request our customers to give us a 24-hour notice if they intend to reschedule or cancel an appointment. If they fail to attend the meeting without making adequate arrangements with Emovement, we will be entitled to keep:

1. Any deposit paid; or
2. 50% of the advance payment

2. Cancellation After Work Begins 

If you cancel midway through work, you will have to pay for the costs of work we have completed before getting your bike back. If we haven’t incurred any cost, your deposit shall be returned. 

10.7 Storage and Disposal Charges

If you do not collect your bike within five working days after the completion of work, you will be charged for storage at £10.00 per 24 hours. Emovement has the right to dispose of a bike that has not been collected for more than two months.

Emovement shall dispose of any parts removed from your bike as per the applicable environmental regulations. You may be charged for the service. 

10.8 Payment

You shall have to pay us in full after we complete any work we undertook in order to collect your bike. In case of non payment (full/part), E-movement has the right NOT to return your product or deny any service / services to you in future. 

10.9 Exchange and Refund

Please note:

1. You can not exchange parts after they’ve been fitted onto your bike. Note that your statutory rights shall not be affected or compromised in any way by this provision.
2. We can not refund you for a part that has been fitted onto your bike. If you claim that the piece is malfunctioning, we recommend that you purchase a replacement while we send the supposedly malfunctioning component for analysis. Should the results affirm your suspicions, we will refund the cost of the replacement component. 
3. Due to the nature of the products, no Guarantee is provided for the repair work. It is the customer’s responsibility to check the product at the time of collection. If the repaired product is shipped to the customer, we do not have any responsibility for any damage arising from during shipping. 

11. Limitation of Liability

1. To the maximum extent permitted by applicable law, in no event shall Company, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, The Service. Under no circumstances will Company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or your account or the information contained therein.
2. To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any 

(i) errors, mistakes, or inaccuracies of content; 

(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service or Products; 

(iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; 

(iv) any interruption or cessation of transmission to or from the Service; 

(v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; 

(vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or 

(vii) User Content or the defamatory, offensive, or illegal conduct of any third party.

3. In no event shall Company, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Company hereunder or £100.00, whichever is greater.
4. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
5. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from State to State. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.
6. The Service is controlled and operated from facilities in the UK. The Company makes no representations that the Service or Products are appropriate or available for use in other locations. Those who access or use the Service or Products from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable UK and local laws and regulations, including but not limited to export and import regulations. You may not use the Service or purchase the Products if you are a resident of a country embargoed by the UK, or are a foreign person or entity blocked or denied by the UK government. Unless otherwise explicitly stated, all materials found on the Service and Products are solely directed to individuals, companies, or other entities located in the UK.

12. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

12.1 Governing Law. 

You agree that: 

(i) the Service shall be deemed solely based in UK; and 

(ii) other Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the UK. 

These Terms shall be governed by the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms.

12.2 Arbitration 

Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from the Company. 

1. For any dispute with the Company, you agree to first contact us at move@frostsink.com and attempt to resolve the dispute with us informally. 
2. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com.
3. The arbitration will be conducted in the UK, unless you and Company agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. 
4. If you are an individual using the Service for non-commercial purposes: 

(i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; 

(ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and 

(iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

12.3 Class Action/Jury Trial Waiver

With respect to all persons and entities, regardless of whether they have obtained or used the Service and Products for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. 

This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

13. General

13.1 Assignment 

These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

13.2 Notification Procedures and Changes to these Terms 

The company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Service, as determined by Company in our sole discretion. The Company reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms.

The Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

The Company may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page and notify you that material changes have been made to these Terms. 

Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms of Use, do not use, access, or continue to access, the Service or purchase Products.

13.3 Entire Agreement/Severability. 

These Terms, together with any amendments and any additional agreements you may enter into with Company in connection with the Service and the Products, shall constitute the entire agreement between you and Company concerning the Service and the Products. 

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

13.4 No Waiver 

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13.5 Expiration of Claims 

Any claim or cause of action you may have with respect to Company, the Service or the Products must be commenced within one (1) year after the claim or cause of action arose.

13.6 Contact 

Please contact us at move@frostsink.com regarding  any questions regarding these Terms.

13.7 Abusive Behaviour. 

Abusive behaviour can take many forms. It can include being violent or aggressive, making threats, controlling someone’s behaviour, putting them down, verbal abuse, taking or keeping money from them and putting pressure on someone to do things they don’t feel comfortable with. 

E-Movement has all the rights to decline any type of service, if you have involved yourself in abusive behaviour, irrespective of your position. E-Movement may report the incident to concerned authorities at their own discretion.

14. Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

• Fixed-Sum credit

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

15. Update Policy

Emovement reserves the right to add, eliminate or modify the terms and conditions published on our website without prior notice.

E MOVEMENT, REFUND / RETURN AND WARRANTY POLICY

1. You have a legal right to cancel the contract between you and us within fourteen (14) days of delivery without giving a reason. The cancellation period will expire after fourteen (14) days from the day that you or a third party acting on your behalf (excluding the company that delivers the Products to you) takes physical possession of the Products you ordered.  You have a right to ask for a refund with in 30 days if you are not satisfied with the product. You will be entitled for a full refund less the 2 way shipping cost (further details in succeeding paras). The products purchased on a special price (sale, demo, used bike) will not be returned after 7. The shipping will be paid by customer.  
2. There is NO Warranty on Accessories / demo or used products. The Accessories can be returned in 7 days provided they are unused and are undamaged. 
3. The item must be unused, in its original condition and suitable for resale. The items must be in an “as new” condition and in the original packaging including labels, stickers, additional accessories etc.
4. The warranty is non transferable. We will need the original invoice and or order number of (e movement only)  to proceed further. 
5. E-Movement reserves the right to not respond to or reject any warranty, replacement, or service request if requirement in para 4 ante is not met.
6. The shipping is never free, but the cost is included in the product’s cost.
7. If reasonable care is not taken about the item prior to our receipt, resulting in damage or deterioration of the goods or packaging, then a charge will be applied for the reduction in value. The item must be accompanied by the invoice with details of the reason for return stated. You are responsible for the item until it reaches us; we, therefore, suggest that you use a secure professional method of delivery e.g. signed delivery.
8. The customer is responsible for two-way shipping charges incurred for the return of an unwanted item.
9. Remember, all packaging must be undamaged so please do not tape up packaging or write on it as this will make it unacceptable, this particularly applies to any boxed item, the box must not be used as external packaging.
10. Returning Products for Warranty Claims. In the unlikely event that an item is faulty, you may return it for repair within the period of warranty. If the item when received is faulty, notify us within 7 days along with details for swapping with a new product. Your Products (excluding Accessories, skateboards and e scooters)  are warranted against defects in materials for a period of up to twelve (12) months from the date of original purchase or other period notified by the Company in each case. If a defect arises during the Warranty Period, Company will, at its option, (1) repair the affected Products at no charge using new parts or parts that are equivalent to new in performance and reliability, (2) exchange the affected Products with functionally equivalent Products that are new or formed from new and/or previously used parts that are equivalent to new in performance and reliability or, with your consent, Products that are at least functionally equivalent to the Products it replaces; or (3) refund the original purchase price for the affected Products. Faults arising from following will void the warranty and company will not be responsible for the refund :
    • Poor/improper use
    • Faults arising from poor / no maintenance
    • Use on illegal areas
    • Used for illegal purposes
    • Used by a rider which is not recommended for its use
    • Used in water, rain or puddle
    • Water Ingress
    • Repairing or maintenance from other than us
    • Opening the compartment, remote or other sealed which were otherwise not supposed to be opened.
    • Charging with any other method or charger, other than recommended.
    • Over Charging
    • Fault occurred due to add, removal or improving some parts, functions or app.
    • Modify, change / tamper the factory setting on the display meter.
    • Normal depletion of consumable parts
    • Faults arising due to customer’s fault.
    • Accidents / damage.  
11. After testing, if a returned item is found not to have any manufacturing faults or the fault mentioned for warranty purposes, then the customer will be responsible to pay the return delivery cost along with full price of replacement product if that has already been shipped to them. Any product found to be faulty within the first 30 days of purchase will be exchanged for the same product, or spare component parts will be supplied.
12. Warranty for Skateboards. Due to the nature of the product the warranty for skateboards is 6 months. Points mentioned on Para 7 (1-16) ante will void the warranty. 
13. Warranty for batteries. Though the batteries (for e-bikes ONLY) are under warranty for one year however points mentioned on Para 7 (1-16) ante will void the warranty.  The lab decision will be considered final regarding the reason for the fault. 
14. The shipping for warranty purposes is the responsibility of the customer. Company is not responsible for providing replacement products during the repair / replacement period, which may take up to 14 working days.
15. Fenders, front LED, Horn, side stand, pedals and reflectors are the accessories provided complimentary with the product, free of cost. They are not covered under Warranty. Product can not be returned for the damage of these accessories. No replacement will be provided at any later stage.
16. Size charts, dimensions and specifications of all the products are clearly mentioned on our website. It is the customer’s responsibility to fully understand these specifications. Accepting return of products which don’t suit you due to size , weight, specifications etc is the sole discretion of the company. It may incur an administrative fee of £ 99.99 with two-way shipping. A further depreciation charge (minimum 25% of the total value) will also apply, if the product has been used.
17. Keeping the product in operational / working condition is solely the customer’s responsibility. The products need regular maintenance. Warranty doesn’t cover consumable parts such as:
    • Punctures and damage to the tyre, rim and spokes
    • Brake assembly including all related parts
    • Crankset, Pedals, chain, gears, derailleur and all related parts
    • Damage to chain set and pedal crank while inserting the pedals
    • Suspension and related parts
    • Any other fault arsing from poor / no maintenance or due to wear and tear
18. The range for each e Bike is measured under ideal circumstances. It may vary according to environment, terrain, weather, riders weigh etc. The product can not be returned for “Battery Performance”. In such case, a new battery will be offered.
19. The products are tested for IP65 level of water resistance. However it is customers responsibility to keep them secure / away from water ingress, extremely humid or steam.
20. The range provided is calculated in ideal situation. In extreme weather or certain circumstances, this may be reduced up to 50%. Replacement will not be provided in such situation. Please email the company immediately if you face such issues for further support.
21. It is customers responsibility to securely pack the product for return, may be for warranty or any other purpose. The customer has to ensure that all items are kept in the box before sending them for return. The damage / lost / missing caused will be borne by the customer
22. The customers are required to keep the product box / original packaging for at least 6 months. Extra boxes (for Bikes) can be provided for a cost of £89.00.
23. Should in the unlikely event that we send a wrong item to you then we will at our expense, either arrange a courier collection or supply a pre paid postage label to you to enable you to return the incorrect item.
24. Once we have received the item back we will issue you with the replacement item. Should you need an expedited service we can issue a charged replacement item and credit you once we have received the wrong item back. Just get in contact with us and we can discuss these options with you.
25. Damaged in transit. Please check your product upon arrival. If you notice any damage to the packaging, or product, please notify it to the courier on the spot. Also notify us within 24 hours. At our expense, we will either arrange a courier collection or supply a pre paid postage label to enable you to return the damaged item, or will send you a replacement part. Once we have received the item back we will issue you a replacement item. All the shipments are under warranty, therefore you must notify any damage to the product to the delivery team when its handed over to you. If not notified, the claim for damage in transit may not be accepted.
26. Courier Collections / Boxed Bikes. Courier collections can be arranged for you and the charges will be intimated to you in advance, however the responsibility mainly lies on you. Any invoice generated later by the shipping company, regarding the product will be your responsibility to clear.
27. The faulty/damaged return collections will be free of charge.
28. Missed collections are charged at £50.00 so please ensure you are available on the day that the collection is booked for.
29. Return Postage costs. We are not able to refund the cost of postage (both the original delivery charge and return postage) unless the item is faulty in the first 30 days. If you would like to request reimbursement for postage applied to any incorrectly advertised, damaged or faulty items then just get in touch with us via email. For Faulty Items we will either arrange for a courier to collect the item from you at our cost or provide you a prepaid returns label.
30. The items must be properly and securely packed, while returning product for any reason. Small items, like keys / quick release etc MUST NOT BE kept loose in the box. In case something is lost / damaged due to improper / loose packaging, the customer will be liable to pay the cost.
31. The customer can expect to receive the refund of the cost for the item within 14 working days of us receiving the item (assuming satisfaction with the condition of the product).
32. Health and Safety. The company takes full care about the health and safety of its employees. Any item returned for any reason, MUST BE thoroughly cleaned before they are being collected. In case of failure, the company will charge £49.99 as washing / cleaning charges for each product.

E MOVEMENT, SERVICE AND REPAIR POLICY

Note the following before booking a service, repair, or maintenance job:

1. We will do our utmost to provide an excellent repair service. However there is no warranty / guarantee of the repair work.
2. Bike Servicing and Technician Advice. Before commencing your booked services, our technicians will evaluate your bike to determine its condition. You shall be advised about additional services, repairs, or part replacements your bike may need; however, we shall not perform any additional work without your consent. Although, we can not guarantee that your bike will work optimally if you choose to overlook our recommendations. Nevertheless, we will do our best to make your bike perform at its optimum.
3. Bike Safety Checks. Our technician will give you a detailed assessment of the condition of your bike and inform you whether it’s suitable to use on the road or not. We will not perform any work without your consent, but we can not guarantee that your bike will be safe to ride should you choose to ignore our report and/or recommendations. 
4. Standalone Repairs. If you opt for specific repairs, we will not perform a full assessment of your bike. In case a need for further work arises because of the standalone repair, we will inform you but shall not perform any additional work without your consent. Should you not follow our recommendations, we can not guarantee that your bike will work normally. However, we shall try to make your bike work roadworthy.
5. No Liability Disclaimer.  Emovement shall not be responsible for losses arising from the following, 

• repair, servicing, or maintenance work you have asked us to undertake; or
• Delays to, or complications with, fulfilling any booking

6. Cancellation Policy. Note the following before booking an appointment or submitting a bike for processing:

• Cancellation Before Appointments. We request our customers to give us a 24-hour notice if they intend to reschedule or cancel an appointment. If they fail to attend the meeting without making adequate arrangements with Emovement, we will be entitled to keep:
  • Any deposit paid; or
  • 50% of the advance payment.
• Cancellation After Work Begins. If you cancel midway through work, you will have to pay for the costs of work we have completed before getting your bike back. If we haven’t incurred any cost, your deposit shall be returned. 

7. Storage and Disposal Charges. If you do not collect your bike within five working days after the completion of work, you will be charged for storage at £10.00 per 24 hours. Emovement has the right to dispose of a bike that has not been collected for more than two months.
8. Payment. You shall have to pay us in full after we complete any work we undertook in order to collect your bike. In case of non payment (full / part), e movement has the rights NOT to return your product or deny any service / services to you in future. 

9 Disposal of Removed Parts. Emovement shall dispose of any parts removed from your bike as per the applicable environmental regulations. You may be charged for the service. 

10. Exchange and Refund

• You can not exchange parts after they’ve been fitted onto your bike. Note that your statutory rights shall not be affected or compromised in any way by this provision.
• We can not refund you for a part that has been fitted onto your bike. If you claim that the piece is malfunctioning, we recommend that you purchase a replacement while we send the supposedly malfunctioning component for analysis. Should the results affirm your suspicions, we will refund the cost of the replacement component. 
• Due to the nature of product, No Guarantee is provided for the repiar work. It is customers responsibly to check the product at the time of collection. If the repaired product is shipped to customer, we do not have any responsibility for any damage arising from during shipping. 

11. Abusive / arrogant Behaviour. Abusive behaviour can take many forms. It can include being violent or aggressive, making threats, controlling someone’s behaviour, putting them down, verbal abuse, taking or keeping money from them and putting pressure on someone to do things they don’t feel comfortable with. E Movement has all the rights to decline any type of service, if you have involved yourself in abusive / arrogant behaviour, irrespective of your position. E movement may report the incident to concerned authorities at their own discretion.