Apollo Scooters General Terms and Conditions — Canada

Effective from November 1, 2022
Last updated on November 1, 2022

 

1. Definitions

1. In these general terms and conditions (“Terms”), the following definitions shall apply:

1. Agreement: the following agreement entered into in a signed writing between Apollo Scooters and a Client including these Terms, and any amendment thereto.

2. Client, or You, Your: all natural or legal persons with whom Apollo Scooters enters into an Agreement or with whom Apollo Scooters is negotiating about the conclusion of an Agreement;

3. Consumer: the Client being a natural person who acts for personal, family or domestic purposes (purposes outside a business)to whom Apollo Scooters sells and/or delivers Products and to whom Apollo Scooters provides Services;

4. Services: all services provided by Apollo Scooters to the Client, which are directly linked to the purchase of an Apollo Scooters Product by a Client (e.g. Apollo Ship+ Service). 

5. Product(s): any and all goods which are the subject of an Agreement;

6. Order: any order issued by a Client to Apollo Scooters in any form whatsoever;

7. A-Crew: an Apollo Scooters certified scooter mechanic who works in Apollo Scooters’ physical store locations & warehouses;

8. Apollo Repair Center: a physical sales & repair location of Apollo Scooters, current addresses are listed on the Apollo Scooters website at https://apolloscooters.ca/pages/locations;

9. Scooter Finding: the process by which personnel of Apollo Scooters goes to “find” or ”locate” stolen Apollo Scooters’ scooters on behalf of the Client;

10. Privacy Policy: the statement to be consulted by the Client on the website of Apollo Scooters regarding the processing of personal data, which may be amended from time to time and which is incorporated herein by reference and is located at https://apolloscooters.ca/pages/privacy-policy; 

11. Apollo Scooters or We or Us: The private company with limited liability under Canadian law Apollo Imports Inc., having its registered offices in Montreal, Canada.

2. Applicability; Contact Information

1. The present Terms shall comprise a part of all Agreements and shall be applicable to all Product sales and related Services, actions and legal transactions between Apollo Scooters as a seller and a Client.

2. Applicability of any general terms and conditions applied by Client, including any additional, inconsistent or different terms in an Order, are explicitly dismissed by Apollo Scooters and such terms shall be deemed rejected, void and of no force and effect. Fulfillment of Client's Order documented on a form provided by Client does not constitute acceptance of any different or inconsistent terms provided by Client and does not serve to modify or amend these Terms or the Agreement. For the purpose of clarity, the terms and conditions in a Client provided form of such Order that shall apply shall be limited to the following: description of the Product, quantity, and requested delivery. All other terms shall be as provided herein.

3. The contact information relevant to the Client that relate to the identity of Apollo Scooters are as follows: 

1. For sales and services purchased on the apolloscooters.ca website and in Apollo Repair Centres located in Canada; Apollo Imports Inc; 642 Rue de Courcelle Suite 404, Montreal, QC, H4C3C7 Canada; Contact: support@apolloscooters.co

2. For sales and services purchased on the apolloscooters.co website and in Apollo Repair Centres located in the US; Apollo Imports Inc; 2915 Ogletown Road #3696, Newark, DE, 19713, USA; Contact: support@apolloscooters.co

3. Quotations, Agreements, Product descriptions, Integrated Services

1. A quotation offer shall not be binding on Apollo Scooters and shall qualify only as an invitation to the Client to place an Order. 

2. An Agreement shall only come into effect to the extent Apollo Scooters accepts an Order from the Client in writing or if Apollo Scooters executes an Order or other writing. If at the request of Client Apollo Scooters carries out any work for Client, the Client shall remunerate Apollo Scooters therefore in accordance with Apollo Scooters’ customary rates payable upon receipt of an invoice.

3. After acceptance of an Order, Apollo Scooters shall at all times be entitled, to cancel such Order prior to delivery without liability due to, but not limited to, fraudulent transactions, fraudulent chargebacks, supplier issues or constraints, pricing errors, and a lack of availability of stock, in which case Apollo Scooters shall not be obliged to refund or pay any more than the advance payments already made by Client, if any. 

4. Apollo Scooters shall observe due care in informing the Client of the figures, measurements, weights, features other information applicable to the Products, but cannot warrant that these shall be free of deviations. 

5. Integration with Apple ®'s Find My™ and Apple Subscriptions networks are provided free of charge. Apollo Scooters reserves the right to suspend or discontinue this integration at any time and without prior notice. This discontinuation will not be a reason to revoke, cancel or otherwise terminate the Agreement(s) with Apollo Scooters. Use of Apple's Find My and/or Subscriptions networks are subject to Apollo Scooters’ Privacy Policy: https://apolloscooters.ca/pages/privacy-policy. Apollo Scooters makes no representations or warranties as to the availability, reliability or accuracy of Apple’s Find My or Subscriptions network and You agree that Apollo Scooters will not be liable for any issues with Apple’s Find My or Subscriptions network, reliability or failure to perform. 

Apple and Find My are trademarks of Apple Inc., registered in the U.S. and other countries and regions.

1. In order to operate all features of the Product and have full availability of the Services offered by Apollo Scooters, is it necessary that You have private access to a mobile device with the updated Apollo Scooters mobile device applications and access to an Internet connection, location tracking services enabled, and a Bluetooth connection. 

4. Apollo QC+ Service

1. Subject to the terms of Section 4(9), Apollo Scooters provides an Apollo QC+ Service (the “AQC+ Service”) to safeguard Apollo Scooters scooter owners. The AQC+ Service guarantees a Product free of manufacturing defects in accordance with Section 4(2), Section 4(9), and Section 4(10). Apollo Scooters may accept or reject account claims based on your compliance with this policy.You will need to establish and maintain an account in good standing (“Account”), free of outstanding charges or chargeback requests.

2. The claim period shall expire after 30 (thirty) calendar days from the day on which You or a third party other than the carrier indicated by You acquires physical possession of the Products or after the scooter is ridden or used for more than 10 kilometers.

3. All expired claims will be eligible for Apollo’s Limited Warranty subject to the terms in Section 11.

4. You shall send back the Products or hand them over in person to Apollo Scooters, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which You communicate your claim to Us. The deadline is met if You send back the Products before the period of 14 (fourteen) calendar days has expired.

5. You shall return the Products via a return method of your choice in the original packaging, in packaging which can be provided by Apollo Scooters, or using adequate packaging of your choice. The Products shall remain at risk of the Client until receipt by Apollo Scooters of such Products.

6. You shall handle the Order as well as the packaging with the utmost care during the first 14 (fourteen) calendar days after delivery. As a Consumer You will be liable for any diminished value of the goods resulting from the handling of the Products other than what is necessary to establish the functioning of the Products.

7. Apollo Scooters can refuse to send a replacement Product so long as Apollo Scooters has not timely received the returned goods or until You have proved You have timely returned the Products, depending on which event occurs first.

8. You will receive a Product of the same (or better) age and condition subject to Sections 4(9) and 4(10) conditions being met.

9. AQC+ Service Rules:

1. In using the AQC+ Service, You agree not to engage in any of the following prohibited activities:

2. copying, distributing, or disclosing any part of the AQC+ Service in any medium, including without limitation by any automated or non-automated "scraping";

3. using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the AQC+ Service in a manner that sends more request messages to the Apollo Scooters servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, except that Apollo Scooters grants the operators of public search engines revocable permission to use spiders to copy materials from apolloscooters.co 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;

4. transmitting spam, chain letters, or other unsolicited email;

5. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the AQC+ Service;

6. uploading invalid data, viruses, worms, or other software agents through the AQC+ Service;

7. collecting or harvesting any personally identifiable information, including account names, from the AQC+ Service;

8. using the AQC+ 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 AQC+ Service;

11.accessing any content on the AQC+ Service through any technology or means other than those provided or authorized by the AQC+ Service;

12. bypassing the measures We may use to prevent or restrict access to the AQC+ Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the AQC+ Service or the content therein;

13. or any other prohibited activity associated with maintaining an eligible Account;

14. Apollo Scooters may permanently or temporarily terminate, suspend, or otherwise refuse to permit Your access to the AQC+ Service without notice and liability for any reason, including without limitation if in Apollo Scooters’ sole determination You violate any provision of these Terms. Apollo Scooters also retains the right to remove or suspend accounts for any reason, including a violation or suspected violation of these Terms. All aspects of the AQC+ Service are subject to change or elimination at Apollo Scooters sole discretion. Apollo Scooters reserves the right to interrupt the AQC+ Service with or without prior notice for any reason. You agree that Apollo Scooters will not be liable to You for any interruption of the AQC+ Service, delay or failure to perform when such interruption, delay or failure to perform is out of Apollo Scooters reasonable control.

10. The AQC+ Service shall not provide any cover in respect of claims which are related to or caused directly or indirectly by any of the following:

1. Flat tires, damaged inner tubes, damage due to accidents, damage due to vandalism, damage of electrical components, and repair or replacement of parts that fall out of the warranty period.

2. screws, loss of screws, stripped screws due to over forcing

3. battery failures due to water damage, improper charging, power surges, after market chargers or lack of proper winter storage (75% battery capacity in room temperature)

4. unauthorized adjustments, modifications, or repairs

5. any product rusting, blemishes, loss of colour due to sun exposure over time of usage, or any cosmetic damage that does not affect the performance of the scooter

6. a malfunction of any software, application or other material downloaded to Your scooter from third parties by You or anyone else using Your scooter with Your permission;

7. The effect of any virus, “back door”, “time bomb”, “Trojan horse”, “drop dead device” or malware on Your equipment;

8. the effect of removing any internal components, including but not limited to, the SIM card, controller, or any IoT enabling components from Your scooter;

9. any damage to Your scooter caused by You or others to the scooter;

10. scooters made to the Consumer's specifications or clearly personalized.

11. costs suffered by You as a result of not being able to use the scooter, or any costs other than the replacement of the scooter.

 

11. How to claim:

1. Submit a Apollo QC+ Claim by filling out the QC+ Claim Form in our Smart Assistant widget on the website or by emailing support@apolloscooters.co

• You are required to submit the original order number along with any claim
• You will need to include images and/or videos in your email request, proving the existence of the defect
• You will be required to include a photo of the odometer reading and/or the serial number of the scooter

2. Our A-Team will run through an Eligibility Check to ensure that your scooter meets the eligibility criteria subject to Section 4(9) and Section 4(10). In order to be eligible for the AQC+ Service you need to meet the following requirements:

• Claim is received no more than 30 (thirty) calendar days from the day on which You or a third party other than the carrier indicated by You acquires physical possession of the Products or after the scooter is ridden or used for more than 10 kilometers.
• You are the original purchaser of the scooter.
• The terms in Section 4(10)
• If our A-Team determines the component is in fact defective and needs replacement, your claim will be covered and You will receive a Product of the same (or better) age and condition.

3. If our A-Team determines that further investigation is required, You shall send back the Products or hand them over in person to Apollo Scooters, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which You communicate your claim to Us. The deadline is met if You send back the Products before the period of 14 (fourteen) calendar days has expired.

4. You shall send back the Products in the original packaging or in packaging that can be purchased from Apollo Scooters.

5. Apollo Scooters will create a shipping label for You free of charge.
6. When your scooter arrives at one of our Repair Centres, our team will run through an Eligibility Check to confirm the defect subject to Section 4(9) and Section 4(10)
7. If Apollo Scooters determines the component(s) are in fact defective and require replacement, your claim will be approved.
8. You will receive a Product of the same (or better) age and condition.
9. If your claim is not approved, your Products will be eligible for Apollo’s Limited Warranty subject to the terms in Section 11.

 

12. The AQC+ Service does not replace or limit any right you may have under applicable laws related to manufacturing defects.

5. Apollo Ship+ Service

1. Subject to the terms of Section 5(9), Apollo Scooters provides an Apollo Ship+ Service (the “AS+ Service”) to assist Apollo Scooters scooter owners. The AS+ Service provides enhanced support for any issues arising from the delivery of products to Apollo Scooters from the Client and from Apollo Scooters to the Client, in accordance with Section 5(2), Section 5(9), and Section 5(10). Apollo Scooters may accept or reject service within this policy based on our sole discretion. You will need to establish and maintain an account in good standing (“Account”), free of outstanding charges or chargeback requests.

2. Stolen Orders

1. Packages that have been delivered by the courier but not received by the Client.

2. If the customer inputs the correct address at checkout and the package was delivered to the wrong address, Apollo considers this as stolen and we will replace the order on behalf of the customer

3. For Stolen Orders, the claim period shall commence after 5 (five) calendar days from the scheduled delivery date and expire after 10 (ten) calendar days from the scheduled delivery date.

 

3. Lost Orders

1. Packages confirmed to be lost by the courier. If the order has not arrived 7 days after the estimated delivery date, or the Order is in stock and has been stuck in a Label Created status for over 7 days, this section applies.

2. For Lost Orders, the claim period shall commence after 5 (five) calendar days from the scheduled delivery date and expire after 30 (thirty) calendar days from the scheduled delivery date.

 

4. Damaged Orders

1. For Damaged Orders, the claim period shall expire after 3 (three) calendar days from the delivery date.

2. All expired damage claims will be eligible for Apollo’s Limited Warranty subject to the terms in Section 11.

 

5. You shall send back the Products or hand them over in person to Apollo Scooters, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which You communicate your claim to Us. The deadline is met if You send back the Products before the period of 14 (fourteen) calendar days has expired.

6. You shall send back the Products in the original packaging or in packaging provided by Apollo Scooters. The Products shall remain at risk of the Client until receipt by Apollo Scooters of such Products.

7. You shall handle the Order as well as the packaging with the utmost care during the first 14 (fourteen) calendar days after delivery. As a Consumer You will be liable for any diminished value of the goods resulting from the handling of the Products other than what is necessary to establish the functioning of the Products.

8. Apollo Scooters can refuse to send a replacement Product so long as Apollo Scooters has not received the returned goods or until You have proved You have returned the Products, depending on which event occurs first.

9. You will receive a Product of the same (or better) age and condition subject to Section 5(9) and Section 5(10) conditions being met.
10. For an Order that is sent in multiple lots or in parts, You will only be covered in this policy for any parts of the Order that You do not receive.
11. AS+ Service Rules:

1. In using the AS+ Service, You agree not to engage in any of the following prohibited activities:

2. copying, distributing, or disclosing any part of the ACSP-Service in any medium, including without limitation by any automated or non-automated "scraping";

3. using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the ACSP-Service in a manner that sends more request messages to the Apollo Scooters servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, except that Apollo Scooters grants the operators of public search engines revocable permission to use spiders to copy materials from apolloscooters.co 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;

4. transmitting spam, chain letters, or other unsolicited email;

5. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the ACSP-Service;

6. uploading invalid data, viruses, worms, or other software agents through the AS+ Service;

7. collecting or harvesting any personally identifiable information, including account names, from the AS+ Service;

8. using the AS+ 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 AS+ Service;

11. accessing any content on the AS+ Service through any technology or means other than those provided or authorized by the AS+ Service;

12. bypassing the measures We may use to prevent or restrict access to the AS+ Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the AS+ Service or the content therein;

13. or any other prohibited activity associated with maintaining an eligible Account;

14. Apollo Scooters may permanently or temporarily terminate, suspend, or otherwise refuse to permit Your access to the AS+ Service without notice and liability for any reason, including without limitation if in Apollo Scooters’ sole determination You violate any provision of these Terms. Apollo Scooters also retains the right to remove or suspend accounts for any reason, including a violation or suspected violation of these Terms. All aspects of the AS+ Service are subject to change or elimination at Apollo Scooters sole discretion. Apollo Scooters reserves the right to interrupt the AS+ Service with or without prior notice for any reason. You agree that Apollo Scooters will not be liable to You for any interruption of the AS+ Service, delay or failure to perform.

 

12. The AS+ Service shall not provide any cover in respect of claims which are related to or caused directly or indirectly by any of the following:

1. The shipping addresses inputted when creating the order is invalid or incorrect

2. flat tires, damaged inner tubes, damage due to accidents, damage due to vandalism, damage of electrical components, and repair or replacement of parts that fall out of the warranty period.

3. screws, loss of screws, loose screws due to shipping, stripped screws due to over forcing

4. battery failures due to water damage, improper charging, power surges, after market chargers or lack of proper winter storage (75% battery capacity in room temperature)

5. unauthorized adjustments, modifications, or repairs

6. any product rusting, blemishes, loss of colour due to sun exposure over time of usage, or any cosmetic damage that does not affect the performance of the scooter

7. a malfunction of any software, application or other material downloaded to Your scooter from third parties by You or anyone else using Your scooter with Your permission;

8. the effect of any virus, “back door”, “time bomb”, “Trojan horse”, “drop dead device” or malware on Your equipment;

9. the effect of removing any internal components, including but not limited to, the SIM card, controller, or any IoT enabling components from Your scooter;

10. any damage to Your scooter caused by You or others to the scooter;

11. scooters made to the Consumer's specifications or clearly personalized.

12. costs suffered by You as a result of not being able to use the scooter, or any costs other than the replacement of the scooter.

 

13. How to claim:

1. In order to file a claim, navigate to the Apollo Ship+ Claims Page:

 

1. Canada: https://apolloscooters.ca/pages/order-claim

2. US: https://apolloscooters.co/pages/order-claim

 

2. Lost Items
If the order has not arrived 7 days after the estimated delivery date, or the order has been stuck in a Label Created status for over 7 days, select this option. This option is for packages presumed to be lost by the carrier.

1. Check Apollo Ship+ policies to ensure you are within the filing period

2. Fill out the Ship+ Claim form with your order number and email

3. Select the order you would like to submit the claim for

4. You do not need to attach any photos or other evidence to your claim

5. Your claim will be reviewed within 2-3 Business Days, add additional 3 business days if documents are requested.

3. Stolen Items

Select this option if your shipping tracking says delivered, but the package is missing.

1. Check Apollo Ship+ policies to ensure you are within the filing period

2. Fill out the Ship+ Claim form with your order number and email

3. Select the order you would like to submit the claim for

4. Attach the police report PDF & number in the order issue. If your order is over $100, Apollo requires a police report when the customer’s package is marked as delivered. Without this your claim will be denied.

5. Your claim will be reviewed within 2-3 Business Days, add additional 3 business days if documents are requested.

4. Damaged Items

Select this option if you received a damaged or broken product.

1. Check Apollo Ship+ policies to ensure the damage is covered within this policy and you are within the filing period.

2. Fill out the Ship+ Claim form with your order number and email

3. Select the order you would like to submit the claim for

4. Attach photo and/or video evidence of the damaged item in the claim. Without this your claim will be denied.

5. Attach a photo of your odometer reading. To be eligible for Apollo Ship+, any reading higher than zero will result in the claim being denied.

6. Your claim will be reviewed within 2-3 Business Days, add additional 3 business days if documents are requested.

5. On orders over $100, Apollo requires evidence of the police report which must be submitted with the claim

6. Upon request, Apollo can require additional documentation (e.g. proof of identity, address, notary, etc.) as needed

7. If our A-Team determines that further investigation is required, You shall send back the Products or hand them over in person to Apollo Scooters, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which You communicate your claim to Us. The deadline is met if You send back the Products before the period of 14 (fourteen) calendar days has expired.

8. You will be able to create a return shipping or Apollo Scooters will create a shipping label for You free of charge.

9. You will receive a Product of the same (or better) age and condition.

10. If your claim is not approved, your Products will be eligible for Apollo’s Limited Warranty subject to the terms in Section 11.

 

 

6. Prices

1. All Apollo Scooters’ prices are in CAD unless expressly stated otherwise. Prices are exclusive of value added tax or any other sales tax. Sales taxes shall be separately stated and invoiced to Clients. 

2. Service fees: You agree to the fees and charges, terms of sale, payment and billing policies applicable to Your use of any Apollo Scooters Services as stated in these Terms and the applicable account registration for these Services. Apollo Scooters may add new services for additional fees and charges, or amend fees and charges for existing Services, at any time in its sole discretion. All fees and charges for Your use of the Service are non-refundable, except as may be expressly stated in Terms. If at any time fees for an existing Service are increased, You are of course free to cease Your use of the Service by providing notice and sending it to the e-mail address as indicated in Section 2(3) above which cancellation will be effective as of the next billing period. Continued use of the Service will be treated as Your agreement to the new terms. 

7. Delivery

1. The delivery period indicated by Apollo Scooters shall be based on the circumstances applicable to Apollo Scooters at the time the Agreement is entered into and, to the extent dependent on performance by third parties, on the information that those third parties provided to Apollo Scooters. All delivery dates are estimates only.

2. Except as otherwise provided herein, the delivery period shall commence on the date of Apollo Scooters’ written Order confirmation. Provided, however, if, in order to execute the Order, Apollo Scooters requires additional information from the Client, the delivery period shall commence on the date on which Apollo Scooters disposes of all the necessary information or resources, but not earlier than the date of the written Order confirmation.

3. The Client shall not be entitled to claim any compensation in the event of an overdue delivery period. Neither shall the Client be entitled to dissolve the Agreement in such an event, unless the Client is considered to be a Consumer. See Section 8 for additional details. Consumers have the right to dissolve the Agreement after they have requested to deliver within a reasonable timeframe or such timeframe as provided by law and Apollo Scooters was not able to deliver within that reasonable period or timeframe as provided by law.

4. Apollo Scooters shall at all times be entitled to deliver in part-consignments.

5. Address change requests must be made no more than 14 days after the original order is placed. If the order has been picked up or shipped by an Apollo fulfillment centre, address change requests will no longer be accepted and must be directed to the carrier.

8. Withdrawal

1. Apollo Scooters may accept returns or a Client’s wish to withdraw from a purchase and revoke the Order.

2. The withdrawal period shall expire after 14 (fourteen) calendar days from the day on which You or a third party other than the carrier indicated by You acquires physical possession of the Products. When Products are delivered in multiple lots or pieces, the withdrawal period shall expire after 14 (fourteen) calendar days from the day on which You acquire the physical possession of the last lot or piece.

3. Please note that You cannot exercise a right to withdraw in case of Products made to the Consumer's specifications or clearly personalized.

4. You shall send back the Products in the original condition and in the original box or hand them over in person to Apollo Scooters, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which You communicate your withdrawal to Us. The deadline is met if You send back the Products before the period of 14 (fourteen) calendar days has expired. The Products shall remain at risk of the Client, including any damage to the Products during transportation, until receipt by Apollo Scooters of such Products. 

5. You are only liable for any diminished value of the goods resulting from the handling or use of the Products, or, for example, in the case of damage to the Product.

6. In case You withdraw, Apollo Scooters can refuse repayment so long as You have not sent the returned goods or until You have proved You have sent the Products, depending on which event occurs first.

7. Apollo Scooters shall apply a credit to the credit card account that You used to perform the purchase of the Products, equivalent to the initial purchase amount of the Products less a credit card payment processing fee of 3% of the total Order value (3$ for each 100$ of the total value of the Order) and return shipping costs and a restocking fee as indicated in Section 8(10) no later than 14 (fourteen) calendar days starting from the day We received Your returned Products.

8. Apollo Scooters shall use the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise and provided that You do not incur any fees as a result of such reimbursement. Apollo Scooters shall not, however, reimburse the supplementary costs, if You have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by Apollo Scooters.

9. You shall handle the Order as well as the packaging with the utmost care during the first 14 (fourteen) calendar days after delivery. As a Consumer You will be liable for any diminished value of the goods resulting from the handling or use of the Products. In order to establish the nature, characteristics and functioning of the Product.

10. If the Product or Products have already entered the shipped period, which commences the moment a shipping label is created for the Order, then the withdrawal shall be subject to payment processing, restocking, and return shipping fees. Restocking and return shipping fees can be found in the Return & Cancellation Policy. In order to file a withdrawal claim, You can fill out the form on the chat widget displayed on the landing page on the website of Apollo Scooters or make a similar unequivocal statement and send it to the email as indicated in Section 2(3) above. We will send You an acknowledgement of Your withdrawal.

9. Delivery and risk

1. If and to the extent that the parties have not explicitly agreed in writing on the (costs of) delivery of the Products and the transfer of risk, the delivery shall be made at Apollo Scooters’ premises, and the risk of the Products and the packing thereof shall be transferred to the Client at the moment the Products are ready for dispatch, while the dispatch shall be effected for the Client’s account and risk. In the event the Client is considered to be a Consumer, the foregoing in Section 9(1) shall not apply and the moment of delivery and transfer of risk is the moment that the Consumer has taken receipt of the Products.

2. If the Client should fail to collect the Products it has ordered, it shall be in default without requiring a written notice of default. In such event Apollo Scooters shall be entitled to store the Products for the Client’s account and risk and to sell these to a third party. The Client shall remain liable for the purchase price plus the interest and costs (by way of compensation) after the deduction of the net proceeds of such sale to a third party, if any.

3. The Client shall not have ownership rights to rent, let or make the Products available in use to third parties, to pledge them or to otherwise encumber them in favour of third parties until Apollo Scooters has transferred the title of those Products to the Client. Unless expressly provided for herein, the acquisition of ownership rights does not alter or waive the other terms and conditions under the Agreement, including these Terms.

10. Inspection and complaints

1. The Client shall be obliged to carefully inspect the Products immediately upon arrival at their destination or to have these examined upon receipt by the Client itself or any third party acting at its instructions, whichever is earlier. Apollo Scooters must be informed in writing to support@apolloscooters.co of any complaints in respect of defects to the Products or any discrepancies in quantity, weight or quality between the Products supplied and the specification thereof in the relevant order confirmation or invoice no later than within five (5) calendar days after the receipt of the Products. The notification of the Client must at least give a clear and precise description of the complaints in respect of defects invoked by the Client, but preferably contains pictures of the defect. The Client must notify Apollo Scooters of defects that could not in reason have been discovered within the above mentioned period in writing immediately after discovery, but in any case no later than within 14 (fourteen) calendar days of the receipt of the Products. Notification of cosmetic damages can only be accepted by Apollo Scooters before use of the Product. Unless the Client is a Consumer, should the Client fail to inform Apollo Scooters within the above mentioned term, its rights to exercise any of its rights with regard to such irregularity or defect have lapsed.

2. The Client shall be obliged to immediately cease the use of the Products concerned after discovering any irregularity or defect. By breaching this obligation, the Client waives the right to exercise any of its rights with regard to such irregularity or defect, unless the Client is a Customer. The Client shall provide any cooperation Apollo Scooters may require in order to investigate the complaint.

3. The Client shall not be entitled to return Products to Apollo Scooters before Apollo Scooters has agreed in writing to such return. The return shipping and restock charges are assumed by the Client and will be deducted from the reimbursement total as described in Section 8(7). The Products shall remain at risk of the Client, including any damage to the Products during transportation, until receipt by Apollo Scooters of such Products.

4. Other obligations and responsibility of the Client:

1. The Client shall at all times make any and all information necessary for the execution of Apollo Scooters’ activities available timely and shall warrant the accuracy and comprehensiveness thereof.

2. The Client shall not be entitled to modify, remove or make invisible any trademarks or identifying marks on the Products, any documents accompanying and/or regarding the Products.

3. The Client shall not copy, modify, reverse engineer, decompile, disassemble or otherwise tamper with the Product, its components and/or the Services.

11. LIMITED WARRANTY 

Apollo Scooters gives a LIMITED WARRANTY for the period of time(s) stated herein, subject to the terms of the agreement, including these terms, and certain limitations, on your new Apollo Scooter electric scooter against defects in material or workmanship when properly set up, operated, maintained, and stored in accordance with the recommendations set forth by Apollo Scooters, including in the Apollo Scooters Owner’s Manual. Apollo Scooter gives the following limited warranties:

• A ONE (1) YEAR* limited warranty for reasonable use of the scooter against defects in material or workmanship on all original components of the vehicle from the date of delivery.

The ONE YEAR periods* referred to herein may be referred to as the “Warranty Period”

1. THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE FRAME OR DEFECTIVE PARTS AND IS THE CUSTOMER’S SOLE REMEDY OF THE WARRANTY. A COMPLETE LIST OF PARTS AND SERVICES COVERED UNDER THIS LIMITED WARRANTY CAN BE FOUND ON: {insert link to article with table} NOTWITHSTANDING LOCAL STATUTORY RIGHTS, A REPAIR/REPLACEMENT UNDER A WARRANTY DOES NOT EXTEND THE WARRANTY PERIOD. THIS WARRANTY DOES NOT AFFECT ANY STATUTORY RIGHTS OF THE CONSUMER. THIS WARRANTY APPLIES TO THE ORIGINAL OWNER ONLY AND WILL VOID IN THE EVENT OF A NEW OWNER HAVING PURCHASED THE SCOOTER. THIS WARRANTY WILL ONLY APPLY TO PRODUCTS PURCHASED DIRECTLY THROUGH APOLLO SCOOTERS OR THROUGH ONE OF OUR AUTHORIZED RETAIL PARTNERS.  Apollo Scooters’s liability for any defects in material or workmanship with respect to accepted goods under this limited warranty shall be limited to repairing the goods at Apollo Scooters or at an Apollo Scooters Repair Centre or an authorized Service Repair Centre.
2. CLAIMS UNDER THE WARRANTY MUST BE MADE DIRECTLY TO THE APOLLO SCOOTERS AS SOON AS REASONABLY POSSIBLE, at support@apolloscooters.co and be accompanied by proof of purchase. THE REPLACEMENT OF BOXES IS NOT COVERED BY THE WARRANTY. IN THE EVENT YOU NEED A REPLACEMENT OF THE BOX, WE CAN SEND YOU ONE FOR AN ADDITIONAL FEE NO GREATER THAN $100.
3. A different warranty period applies for heritage models and outlet sales and certain accessories, without prejudice to the other terms and conditions of Section 13.
4. Apollo Scooters may accept or reject account claims within this policy based on our reasonable evaluation of the claim. 
5. You shall send back the Products in the original packaging or in packaging provided by Apollo Scooters. The Products shall remain at risk of the Client until receipt by Apollo Scooters of such Products
6. EXCLUSIONS: The Limited Warranty shall not provide any cover in respect of claims which are related to, or caused directly or indirectly by any of the following:

1. Products located outside the country in which the Product was first delivered to its original purchaser;
2. products purchased second-hand;
3. damage due to accidents, damage due to vandalism, damage due to insufficient packaging, damage due to transporting the products to Apollo Scooters, damage of electrical components, damage due to negligence, repair or replacement of parts that fall out of the warranty period, shipping costs to and from service locations;
4. damage due to improper assembly, disassembly, modifications, accidents, misuse, improper tools, acts of god, failure to follow user manual/set up guides, water damage, improper cleaning solutions, improper maintenance, extreme/stunt driving, commercial use, unauthorized accessories, upgrades not sold by Apollo Scooters;
5. accessories or upgrades;
6. improper installation of the Phantom Upgrade Kit;
7. screws, loss of screws, or stripped screws due to over tightening;
8. normal wear and tear of any covered component, or any consumable parts such as tires;
9. battery failures due to water damage, improper charging, power surges, after market chargers, or lack of proper winter storage;
10. any product rusting, blemishes, loss of color due to sun exposure over time of usage, or any cosmetic damage that does not affect the performance of the scooter;
11. a malfunction of any software, application or other material downloaded to Your bike from third parties by You or anyone else using Your bike with Your permission;
12. failure to download and/or install an mobile device application updates;
13. the effect of any virus, “back door”, “time bomb”, “Trojan horse”, “drop dead device” or malware on Your equipment;
14. adjustment to or alteration of Your scooter without original Apollo Scooters parts/accessories;
15. any damage to Your scooter caused by You or others to the scooter;
16. routine servicing or repairs by anyone not authorized by Apollo Scooters;
17. the cost of shipping to and from an Apollo repair centre and any other associated shipping costs (courier insurance, Apollo Ship+ Service)
18. the cost or shipping of another scooter box to You; or
19. costs suffered by You as a result of not being able to use the scooter, or any costs other than the replacement of the scooter;
20. you will need to establish and maintain any account You have with Us. 

1. re-supplying the Products with a Product of the same model that is of similar, age, mileage and condition, upon receiving the returned of the Products;
2. modifying the Products properly;
3. granting the Client a discount on the purchase price to be agreed by mutual consent.

12. Safe Operation, Assumption of Risk, and Indemnification  

1. Client represents, warrants, and agrees that before he or she rides on the scooter that they (i) have read all of instructions, warnings, and manuals provided with the scooter at the time of sale, (ii) are sufficiently fit and physically capable to safely ride a scooter without any risk to his or her health, (iii) are knowledgeable about the operation of a scooter and feel that they can safely and competent operate it, and (iv) are knowledgeable about the laws pertaining to electric scooters operated within the area in which he or she rides the Scooter. LIKE ANY PHYSICAL ACTIVITY OR OPERATION OF A RECREATIONAL VEHICLE, RIDING A SCOOTER MAY CAUSE MINOR OR MAJOR INJURIES OR DISCOMFORT AND MAY WORSEN OR COMPLICATE UNDERLYING MEDICAL CONDITIONS OR DISEASES. BY CHOOSING TO RIDE AN APOLLO SCOOTERS ELECTRIC SCOOTER, CLIENT ASSUMES ALL RESPONSIBILITIES AND RISKS FOR ALL SUCH INJURIES OR OTHER MEDICAL CONDITIONS.

2. CLIENT ACKNOWLEDGES THAT OPERATING THE SCOOTER HAS INHERENT RISKS, DANGERS, AND HAZARDS, INCLUDING, BUT NOT LIMITED TO, TRAFFIC CONDITIONS, WEATHER CONDITIONS, ROAD AND SIDEWALK CONDITIONS, NATURAL AND UNNATURAL OBJECTS AND OBSTACLES, IMPACT OR COLLISION, AND NEGLIGENCE OF OTHERS. CLIENT ACKNOWLEDGES AND AGREES THAT APOLLO SCOOTERS LIMITS ITS LIABILITY AS PROVIDED IN THIS SECTION. CLIENT SHALL INDEMNIFY APOLLO SCOOTERS AGAINST, AND SHALL HOLD APOLLO SCOOTERS HARMLESS FROM ALL COSTS, EXPENSES, AND LIABILITIES (INCLUDING REASONABLE ATTORNEY’S FEES) FROM ANY CLAIMS BY CLIENT OR ANY THIRD PARTY ARISING OUT OF CLIENT’S USE OF THE SCOOTER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE CLIENT ASSUMES ALL RISK AND LIABILITY FOR ANY AND ALL LOSS, DAMAGE, OR INJURY INCLUDING DEATH TO PERSONS OR PROPERTY OF THE CLIENT OR OTHERS ARISING OUT OF THE SCOOTER POSSESSION, USE, OPERATION, OR CARE AND CONTROL OF THE SCOOTERS BY THE CLIENT INCLUDING, BUT NOT LIMITED TO, ALL MEDICAL COSTS AND FINANCIAL AND ECONOMIC LOSSES. 

13.  Employee Protection Policy

1. We do not accept any discriminative, abusive or harassing behavior towards any of our employees or partners and reserve the right to refuse service if this policy is violated.

14. Force Majeure

1. If Apollo Scooters is unable to fulfill any of its obligations towards Client due to a force majeure, these obligations shall be suspended during the force majeure situation.

2. Provided however, if a force majeure situation has lasted for one (1) calendar month or more, both parties have the right to dissolve the Agreement in writing entirely or in part. In the event of a force majeure impacting Apollo Scooters’ ability to perform any of its obligations, Client is not entitled to any compensation or damages. 

3. A force majeure impacting Apollo Scooters is any circumstance beyond the control of Apollo Scooters hindering the fulfillment of its obligations towards Client entirely or in part or which Apollo Scooters cannot be expected in all fairness to fulfill its obligations, regardless of whether such circumstance could have been foreseen at the time when the Agreement was concluded. Such circumstances include but are not limited to fires, acts of terrorism, strikes and lockouts, the outbreak and/or spread of viruses and/or diseases, stagnation or other production problems suffered by Apollo Scooters or its suppliers, or problems in the transportation provided by Apollo Scooters or any third parties, any government measures, as well as the inability to obtain any permit or license from any governmental body.

4. Parties shall notify each other as soon as possible of a force majeure situation. 

15. Intellectual Property

1. All content that we put at your disposal via our website and any other communication mean, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information (“Content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property, or are the property of their respective holders.

2. You are not allowed to copy, display, republish, translate, offer, transfer or distribute in any way, any part of the Content, except as explicitly allowed in these conditions or otherwise explicitly permitted in writing by us and the respective holders.

16. Limitation of Liability   

1. [THIS PROVISION IS GOVERNED BY THE PROVINCE OF RESIDENCE OF THE CLIENT]: APOLLO SCOOTERS IS NOT LIABLE TO CLIENT FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THE AGREEMENT, INCLUDING BUT NOT LIMITED TO THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. APPLICABLE LAW MAY NOT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.  Any liability of Apollo Scooters to Client shall at all times be limited to the sum insured that shall be paid in such case under the liability insurance policies taken out by Apollo Scooters. These insurance policies have limited cover, inter alia with respect to the amount of the damages and the number of insured events per year. Upon request thereto, access may be obtained to the insurance cover note. Should no payment be made by virtue of aforementioned insurance policies, regardless of the grounds, the liability of Apollo Scooters shall then be limited to the fee that was invoiced by Apollo Scooters and paid by Client in connection with the delivery at hand during a 12 (twelve) month period directly preceding the date on which the event leading to liability occurred, up to a maximum liability of $ 10,000 (ten thousand Canadian Dollars).

17. Termination

1. If Client fails to fulfill any of its obligations arising from the Agreement properly or in time, Client shall be in default and Apollo Scooters shall be entitled without any default notice:

1. to suspend the fulfillment of the Agreement until payment has been adequately guaranteed; and/or

2. to dissolve the Agreement with Client entirely or in part;

3. all this without prejudice to Apollo Scooters’ other rights under any Agreement whatsoever and without Apollo Scooters being held to any damages.

2. If Apollo Scooters exercises its right of termination as mentioned in Section 17(1), Apollo Scooters is authorized to set off any amount which may possibly be refunded to Client with a remuneration for activities already carried out as well as with a compensation for loss of profit.

3. In the event of bankruptcy, (provisional) suspension of payment, liquidation or attachment of one or more assets of Client or if Client is aware that any of these situations may occur, Client must notify Apollo Scooters thereof as soon as possible.

4. In case of a situation as referred to in Section 14(3), all Agreements with Client shall be terminated immediately by notice from Apollo Scooters or Apollo Scooters may notify Client that it wishes (part of) the Agreement concerned to be fulfilled, in which case Apollo Scooters is entitled without any default notice:

1. to suspend fulfillment of the Agreement(s) concerned until payment has been adequately guaranteed; and/or

2. to suspend all its payment obligations, if any, towards Client;

3. all this without prejudice to Apollo Scooters’ other rights under any Agreement whatsoever and without Apollo Scooters being held to any damages.

5. In the event of a situation as referred to in Section 14(3), all Apollo Scooters’ claims against Client shall be immediately payable in full.

18. Maintenance and updates

1. In order to maintain and improve the safety and functionalities of our Services and Product, from time to time it may become necessary to update or alter our Products and/or Services, e.g. through hardware, software, or firmware updates. This could change the functionalities. The updates or alterations can be executed, for example, in the following ways:

1. downloaded and installed by the Client on the Client’s mobile device, or have the mobile device do the updates automatically. The mobile device updates the Product.

2. updates can be installed by Apollo Scooters or its Certified Specialists when Products are being assembled, brought in for repairs and/or check ups;

3. important updates will be uploaded and installed directly to the Product by Apollo Scooters.

2. Apollo Scooters might have to temporarily suspend its Services, e.g. because safety issues need to be examined and/or system maintenance and system upgrades need to be performed.

3. Apollo Scooters might have to suspend or discontinue the support of Your mobile device’s or Product’s operating software, e.g. because the mobile device’s software is getting outdated. Without prior notice, Services can become unavailable.

4. Apollo Scooters does not accept liability for the situations described in Sections 12 or any combination thereof, unless it is obligatory under local laws. In case You refrain from downloading and installing the updates described in Section 12(1), and/or prevent any of these updates or alterations taking effect Your warranty will become null and void.

19. Transfer of rights and obligations

1. Apollo Scooters is allowed to transfer to third parties the rights and obligations described in any Agreement with Client. Except as provided explicitly in the Agreement and these Terms, Client cannot transfer to third parties any rights or obligations from any Agreement unless after consent thereto by Apollo Scooters. Any attempted assignment in violation of this Section shall be null and void. The Agreement shall be binding on any permitted successor or permitted assignee.

20. Privacy

1. We care about Your privacy. In the performance of this Agreement we process and safeguard Your personal data according to Our Privacy Policy. See www.apolloscooters.co/privacy.

21. Conversion

1. If and insofar as any provision of these Terms cannot be invoked due to any imperative rule of law, the unfair character of these Terms or grounds of reasonableness and fairness, the provision concerned, as far as contents and essence are concerned, shall in all events have a corresponding meaning to such an extent that the provision concerned may indeed be rightfully invoked.

22. Applicable law, competent court

1. The laws of the province within which the Client resides shall be applicable to the present Terms and to all other Agreements. The applicability of the Uniform Law on the International Sale of Movable Property, the Uniform Law on the Formation of International Contracts for the Sale of Goods as well as the Vienna Convention on the Sale of goods is excluded.

2. Any disputes arising from the Agreement or these Terms shall be brought exclusively before the competent court in the province in which the Client resides.

23. Severability

1. If any term or provision of the Agreement, including in these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

24. Amendment of Terms

1. Unless otherwise provided herein, these Terms may be amended on the part of Apollo Scooters by notification to Client. Except as otherwise provided herein or therein, the amended Terms shall apply to all new Agreements as of the day of notification. With respect to any websites referred to in these Terms we may revise and update such sites from time to time in our sole discretion. Unless otherwise provided in such websites, all changes are effective immediately when we post them, and apply to all access to and use of the applicable website thereafter. Unless otherwise provided in the website, Your continued use of the website following the posting of revised terms means that You accept and agree to the changes. You are expected to check applicable websites from time to time so You are aware of any changes, as they are binding on You.

25. Language

1. You have explicitly requested and hereby accept that this Agreement and all related documents, including all related notices and communications, be drawn up exclusively in English. Vous avez expressément demandé et accepté que cette entente et les documents qui s’y rattachent, incluant tout avis et communication s’y rattachant, soient rédigés exclusivement en anglais.

26. Arbitration Provision

Client shall notify in writing to Apollo Scooters any disputes or issues arising out of this Agreement. With Client’s consent, each dispute arising out of or in connection with this Agreement, in respect of any legal relationship associated with or derived from this Agreement (save and except with respect to injunction or other immediate relief) (a “Dispute”) will be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. (“ADRIC”). The parties shall name an arbitrator by common agreement or subscribe to ADRIC’s case management services. The arbitration will occur through electronic means as the parties may agree or in a location agreed by both parties. The parties may decide to use ADRIC’s online dispute resolution services by common agreement. Except as set forth herein, the parties elect domicile in the judicial district of Montreal.

Disclaimer

We take great care to provide visitors to our site with up to date, correct and comprehensive information. However, inaccuracies can still occur. Apollo Scooters is not liable for any damage resulting from visiting this site or for damages resulting from alteration, inaccuracy or omission in the information provided, including technical failures.
Neither does Apollo Scooters give any guarantees regarding the content of third party websites that are accessible through hyperlinks or other links on our website and accepts no liability with regards to these websites.
It is Your responsibility to comply, at all times, with all local laws in Your use of the Products. Apollo Scooter makes no representation expressed or implied in that regard and You are solely responsible to ensure that your use of the Products complies with applicable laws. 
The copyright on the content, the images, the design and the programming of this website belongs to Apollo Scooters.
Apollo Scooters refers to Apollo Imports Inc. or one of its subsidiaries.