Consumer Purchase Terms and Conditions
JSN Holdings LLC dba Blaupunkt eBikes
Last updated May 14, 2022
These Consumer Purchase Terms and Conditions (the “Terms”) are a legal agreement between you and JSN Holdings LLC dba Blaupunkt eBikes., a North Carolina corporation (“JSN”, “us” or “we”), and apply to all consumer purchases by you of any model of JSN’s electric bikes (“ebike(s)”) and/or related accessories or other products offered by JSN (collectively with ebikes, the “Products”) in the United States only. Purchases in Canada and the European Union must be made through their respective websites and are subject to the applicable Terms and Conditions contained on their website. By purchasing any Products from JSN, whether online or at our showroom, or by using the Products you thereby agree to these Terms in their entirety. Please read these Terms carefully as they list your obligations and rights and include a requirement that all disputes that you may have under these Terms be taken to arbitration, instead of a jury trial or class action.
These Terms apply to your purchase of the Products and use of the ebikes. Other interactions that you have with JSN are subject to other agreements, including the:
Limited Warranty (applicable for product purchased in the United States of America.
This Limited Warranty (“Warranty”) is a voluntary manufacturer’s warranty by Blaupunkt eBikes for the United States (collectively, “Blaupunkt”). It applies to the products listed below, purchased in the U.S.(the “Product(s)”) and is provided at no extra charge. Your rights under this Warranty are in addition to and separate from your legal rights as a purchaser of the Product which may vary by country, state, province, or region. This Warranty does not affect these rights.
Before your first ride, please read the manual(s) provided with each Product. They contain important safety information and information about assembly, use, and maintenance.
What is covered under this Warranty?
As explained in more detail below, Blaupunkt warrants the Products for a limited time from the date of original retail purchase against defects in materials and workmanship when used normally in accordance with Blaupunkt’s published guidelines. The guidelines include, but are not limited to, information contained in technical specifications, user manuals and service communications. “Original retail purchase” means the Product was purchased new for the first time from an Authorized Blaupunkt Retailer or directly from Blaupunkt. Partial warranty coverage can be transferred to subsequent owners, as detailed below.
What Products are covered under this Warranty and for how long?
If you are the original retail purchaser, the following applies:
• Frames and frame sets: Blaupunkt warrant the structural integrity of the frame or frameset to the original retail purchaser for a period of two (2) years* from the date of original retail purchase. Paint and graphics are not included in this definition. Frameset means a Blaupunkt-branded frame equipped with a Blaupunkt-branded rigid fork. Suspension forks and suspension parts are not included in the definition of frame or frameset. Frame includes seat stays and chain stays on both rigid and full suspension models.
• Batteries equipped on electric bicycles: 2-year Warranty from the date of original retail purchase or up to 300 charging cycles, whichever occurs first. The batteries are designed to retain up to 75% of their original capacity during that time.
• Wheels: 2-year* Warranty from the date of original retail purchase.
I purchased a complete bicycle; are third-party components on Blaupunkt-branded bicycles covered under this Warranty?
There may be an applicable warranty from the third-party manufacturer for non-Blaupunkt components, such as drivetrain, brakes, or suspension parts. Warranty information for third-party components should have been included with the purchase of your bicycle. Third-party components are not covered by this Warranty. Your Authorized Blaupunkt Retailer will be able to provide you with more information.
I am a subsequent owner; do I still need proof of original retail purchase?
Yes. The warranty period is always calculated from the date of original retail purchase and Blaupunkt needs to be able to determine when and where the Product was purchased originally. Proof of purchase should be obtained from the original owner or the
Authorized Blaupunkt Retailer who sold the Product.
What are the Terms of this Warranty?
To take advantage of this Warranty, a dated proof of original retail purchase must be presented to Blaupunkt in North America. Proof of original retail purchase is needed whether you are the original retail purchaser or subsequent owner. In all events, Blaupunkt reserves the right to limit warranty service to the country where the Product was purchased. During the duration of the Warranty, Blaupunkt will either repair the Product or, at Blaupunkt’s option, replace it with the same or most similar Product then available. That is because we do not keep inventory forever, so we may not have the exact replacement part or exact color available. If the Product is replaced, it needs to be returned to Blaupunkt before the replacement is provided unless otherwise agreed to by Blaupunkt in writing. You will not be charged for shipping the Product to Blaupunkt or receiving any replacement product, or for labor charges incurred in processing the Warranty.
What is not covered by this Warranty?
This Warranty is void under the following circumstances and does not apply to damage caused by:
• Improper assembly or installation.
• Crash, neglect, improper repair, improper maintenance, or other abnormal, excessive, or improper use.
• Improper alteration or installation of components, parts or accessories not originally intended for or compatible with the Product.
• Failure to perform maintenance or service at appropriate intervals in accordance with the written instructions provided with the Product.
What is Wear and Tear and is it covered under this Warranty?
Wear and tear refer to damage that naturally and inevitably occurs as a result of normal riding. For example, your cassette and chain will, even if properly maintained, eventually wear out requiring replacement. The same applies to scratches and other potential damage to the paint or graphics of your bicycle that can result from normal use and exposure to the elements. Your bicycle may over time also develop minor creaks or other noises while riding which usually means it requires maintenance. Wear and tear items are not covered by this Warranty.
The following is a non-exhaustive list of other typical wear and tear items not covered by this Warranty:
• Rubber moving parts • Free hub bodies & pawls • Tools • Saddle cover • Sprockets
• Bearings • Handlebar grips & grip tape • Transmission gears • Shifter, brake cables & casings • Stripped threads/bolts
• Brake pads • Tires • Wheel braking surfaces • Spokes
How do I start the Warranty process?
The first step is to visit your nearest Authorized Blaupunkt Retailer. Your retailer will inspect the Product and contact Blaupunkt for next steps. Contact information for your nearest Authorized Blaupunkt Retailer can be found on www.Blaupunkt.com.
What are my options if the damage is not covered by this Warranty?
As riders we understand accidents happen. Even if the damage is not covered by this Warranty, there may be a program available in your local market to purchase a new replacement Product at a reduced price. You should inquire with your Authorized
Blaupunkt Retailer and/or with Blaupunkt directly whether such program is in place and whether you are eligible.
DISCLAIMER OF IMPLIED WARRANTIES
THIS IS A FULL AND COMPLETE STATEMENT OF BLAUPUNKT’S WARRANTY FOR THE PRODUCT. NO OTHER REPRESENTATION OF ANY KIND BY ANYONE SHALL CREATE ANY WARRANTY REGARDING THE PRODUCT. BLAUPUNKT’S LIABILITY UNDER THIS WARRANTY SHALL TO THE FULLEST EXTENT PERMITTED BY LAW BE NO GREATER THAN THE AMOUNT OF THE ORIGINAL PURCHASE PRICE AND IN NO EVENT SHALL BLAUPUNKT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES. THIS LIMITATION DOES NOT EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY BLAUPUNKT’S NEGLIGENCE. Some states, provinces, or countries do not allow the exclusion or limitation of incidental or consequential damages or warranties, so the above limitations or exclusions may not apply. If it is determined by a court of competent jurisdiction that a certain provision of this Warranty does not apply, all other provisions shall remain in full force and effect.
For questions concerning warranty, contact your Authorized Blaupunkt Retailer or Blaupunkt. You can find up-to-date contact information for your market at www.Blaupunkt.com.
Any abuse of this offer, as determined by us in our sole discretion, may result in the rescission of
(i) the referring customer's referral credit, (ii) the referred person's promo code; and (iii) both parties' ability to participate in this or future promotions.
Referral credit cannot be applied to previous purchases and is not redeemable for cash. This referral program is subject to modification or termination at any time without notice in our sole discretion.
Alteration. Any alterations, modifications, or other changes made by you to an ebike following your purchase which affect the safety, operation, or mechanics of the ebike shall void the Limited Warranty and shall be at your sole risk of harm.
Tax. All applicable taxes (including sales tax) will be collected on all orders where such taxes are required to be collected.
Financing. For qualified purchasers, ebikes may be financed through JSN’s consumer financing partners. The necessary qualifications for financing an ebike purchase, and your rights and obligations associated with such purchase, are solely determined by the consumer financing partner. It is your responsibility to review and understand all terms and conditions associated with financing an ebike purchase, and you hereby acknowledge that JSN is no way responsible for any such financing.
WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A DIRECT RESULT OF OUR BREACH OF THESE TERMS AND WHICH ARE REASONABLY FORESEEABLE. OUR LIABILITY FOR SUCH LOSSES SHALL BE NO MORE THAN THE AMOUNT OF PURCHASE OF OUR PRODUCTS GIVING RISE TO SUCH LOSSES. WE ARE NOT LIABLE FOR ANY OTHER LOSSES.THESE TERMS DO NOT EXCLUDE OR LIMIT OUR LIABILITY (IF ANY) FOR:
(i) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; (ii) FRAUD; (iii) FRAUDULENT MISREPRESENTATION; OR (iv) ANY MATTER WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE OR ATTEMPT TO EXCLUDE OUR LIABILITY.
YOU MAY HAVE OTHER RIGHTS GRANTED BY LAW AND THESE TERMS DO NOT AFFECT SUCH RIGHTS.
We recommend contacting your insurance provider to determine if your current insurance policy would cover you in the event of an accident. Please review our Safety Video prior to riding.
12. Disclaimer of Implied Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY JSN, INCLUDING BUT NOT LIMITED TO THE EBIKES, ARE WARRANTED ONLY TO THE EXTENT EXPRESSLY STATED IN THE APPLICABLE PRODUCT WARRANTY PROVIDED WITH YOUR PRODUCT. OTHERWISE, THE PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. JSN AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
IN PARTICULAR, JSN, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY:
(A) THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED.
13. Disclaimer of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JSN OR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE PRODUCTS, EVEN IF JSN, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Acknowledgement and Indemnification
You acknowledge that there are inherent anticipated and unanticipated risks and dangers involved with the use of our Products, including the ebikes, whether intended or as a result of misuse. You understand that such risks can result in injury, death, illness or disease, physical or mental damage to yourself, your property, other third parties and their property, or to the property of JSN.You agree to release, waive, defend, indemnify, and hold JSN and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorneys’ fees, relating to or arising from:
(a) your purchase or use of any Products; (b) any violation by you of these Terms; or (c) your violation of another party’s rights or applicable law.
JSN reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with JSN in asserting any available defenses.
15. Dispute Resolution and Binding Arbitration
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION’S COMPREHENSIVE ARBITRATION RULES. YOU AND JSN AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND JSN WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and JSN, its affiliates, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase that relates in any way to your purchase of the Products, these Terms, or JSN’s marketing or advertising (“Claims”).
You still have the right to bring individual Claims in small claims court, to the extent that you qualify.
JSN will pay the arbitration/arbitrator fees.
Arbitration shall be administered by the American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and www.adr.org
Discovery shall be permitted in arbitration subject to AAA Consumer Arbitration Rules.
The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Claims may not be arbitrated on a class or representative basis. You and JSN agree to arbitration only on an individual basis. Neither you nor JSN may join or consolidate claims of others or participate in any claim as a class representative or a class member. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This paragraph controls over any inconsistent term in any other agreement.
You and JSN agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
This arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
16. Notice and Updates
JSN will provide all notices (including legal process) that JSN is required to give by any lawful method, including by making notice available through the Site or by sending it to any e-mail or mailing address that you provide to JSN. You acknowledge that if you do not provide JSN with current and accurate contact information, JSN may not be able to contact you. You agree to send JSN notice by mailing it to:
JSN Holdings, LLC. Legal Department
1116 Morningside Dr., Suite G, Charlotte, NC 28205
17. Governing Law
These Terms and any disputes between you and JSN will be governed by the laws of the State of North Carolina, without regard to conflicts of laws.
Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.” JSN’s failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on JSN if it is in a written document signed by JSN. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and JSN intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and JSN agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. JSN may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you, and these Terms will be binding upon and inure to the benefit of JSN’s successors and assigns. JSN shall have the right to assign these Terms, at its sole discretion, without notice to you. You may not assign, transfer or sublicense your rights (if any). These Terms (including any incorporated terms) and any Additional Terms constitute the entire agreement between you and JSN with respect to the Site. Both you and JSN warrant to each other that, in entering this agreement, neither JSN nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms (including any incorporated terms) and any Additional Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and JSN, or JSN’s successors and assigns, will have any right to enforce these Terms.
19. R-E-S-P-E-C-T Find Out What It Means To Us (hint: a lot!)
We pride ourselves in being nothing but respectful, kind, patient, friendly, and all other pleasant terms that could fit in the mix, and it is critical that those things are returned to our team by customers. We understand that oftentimes when you call/email customer support, it is because something has gone wrong or there is an issue with your purchase (which is the worst!). We also understand that these potential issues cause frustration and sometimes anger; however, we will NOT tolerate rude/vulgar language towards our staff. We will offer a warning if this occurs, after which we do reserve the right to refuse service, terminate your account, issue refunds, void warranties, or cancel orders, each at our sole discretion. If this decision is made it is final and cannot be undone.
20. How To Contact JSN
If you have any questions or comments regarding these Terms, you may contact JSN by any of the methods available on our website at www.blaupunkt.com or by mail at the following address:
JSN Holdings, LLC. Legal Department - 1116 Morningside Dr., Suite G, Charlotte, NC 28205