Myscooterbatteries®.com Terms and Conditions of Sale
Considerations for National Account Customers
As a My Scooterbatteries Customer, you (“NA Customer”) agree that all products and services NA Customer purchases through the My Scooterbatteries website or any My Scooterbatteries stores will be subject to the terms and conditions referenced below and will specifically overrule any additional or conflicting terms or conditions contained in any NA Customer purchase order or other communication.
Standard Terms and Conditions
These standard terms and conditions are effective respecting all sales by My Scooterbatteries, LLC on its website “Myscooterbatteries®.com” (“Seller”) and are binding on all My Scooterbatteries Customer (“Buyer”). These terms supplement Seller’s form order confirmation generated in response to Buyer’s online order for Product (each individually or collectively, the “Order Confirmation”).
- AGREEMENT. The term “Agreement” means these standard terms and conditions, as supplemented for each transaction solely as to the Product(s) description, quantity and price for the Product(s) described in Seller’s Order Confirmation. The Seller objects to and will not otherwise be bound by any additional or different terms, whether printed or otherwise, in any Buyer’s purchase order or in any other communication from Buyer to Seller.
- PRODUCT. The term “Product” means any and all goods sold by the Seller.
- TERMS OF PAYMENT. Payment will be by credit card at time of order. In addition to payment of the price for the Product, Buyer also will pay all taxes applicable respecting the purchase of the Product. Tax exempt organizations seeking tax exempt transactions must obtain Seller’s approval in advance and submit requested documentation. Buyer is responsible for all applicable shipping and handling costs.
- SHIPPING/DELIVERY. Shipping and delivery dates are not guaranteed. Shipping dates are estimated on the basis of Seller’s immediate receipt of all information Buyer must furnish and the absence of delays, direct or indirect, resulting from or contributed to by circumstances beyond Seller’s reasonable control. Seller will in good faith endeavor to meet estimated shipping dates, although either party will have the right to cancel backordered Product(s). Seller reserves the right to make multiple shipments to fulfill an order. Seller reserves the right to withhold delivery of the Product(s) or cancel an order for Product(s) if Seller has reasonable belief that the Product(s) will be used for improper or unlawful purpose or activity or if a transaction appears fraudulent. Seller will not be liable for any damages or losses arising out of or resulting from any delay in delivery of Product.
- RISK OF LOSS. Unless Seller or Seller’s designated carrier expressly agrees in writing to other terms following acceptance of Buyer’s online order for Product, Buyer assumes all risk of loss of Product upon Seller’s delivery of Product to Buyer’s designated address. Notwithstanding this allocation of the risk of loss, the Product remains subject to Seller’s right to reclaim and stop the Product in transit.
- WARRANTIES AND LIMITATIONS OF LIABILITY. Seller warrants that all Products will be substantially free of defects in material and workmanship for a period of time as designated in Seller’s then current warranty table found in the “Warranty” section of the “Myscooterbatteries®.com” website; beginning on the date Buyer receives the Product. This warranty is void if the Product is modified (e.g., used in custom pack assemblies), misused, altered, tampered with or are installed or use in connection with life sustaining or other medical or aviation equipment or purposes or otherwise in a manner that is inconsistent with applicable specifications. ALL OTHER WARRANTIES EXPRESS OR IMPLIED, WHETHER ORAL, WRITTEN OR IN ANY OTHER FORM, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. Seller is not liable for special, indirect, incidental or consequential damages, including loss, damage, personal injury, or any other expense directly or indirectly arising from the use of or inability to use the Products, including loss of data. The sole and exclusive remedy under this limited warranty is limited to, at Seller’s option, Seller’s repair or replacement of the defective Product or a refund of or account credit for the then-current purchase price for the Product.
- RETURN POLICY. Buyer must inspect the Product upon delivery. If Buyer believes any Product is non-conforming or was shipped to Buyer in error, Buyer may reject the Product only by written notice to Seller. Buyer, at Seller’s election, must return any defective Product to Seller, properly dispose of the defective Product, or make the Product available to Seller or its agents for inspection at Buyer’s place of business, if applicable. Buyer must request return authorization from Seller prior to return of any Product. Buyer must provide such other information as Seller may reasonably request as to any defective Product(s). Seller’s liability for non-conforming Product will not exceed the price of the Product. Seller will not be liable on any claim for non-conforming Product which is not made within fourteen (14) days after Buyer has received Product. Buyer must return Product to Seller, if requested, within 45 days of receiving the Product. Returns that do not meet these requirements may not be accepted or may be subject to a return fee. See the “Return” section of the “Myscooterbatteries®.com” website for additional detail regarding Seller’s return policy.
- INDEMNIFICATION. Buyer will indemnify, defend and hold Seller and its corporate parents and other affiliates and their respective officers, directors, stockholders, members, insurers, attorneys, employees, agents, successors, predecessors, assigns, heirs and personal representatives harmless against any and all liability, claims, suits, actions, losses, liabilities, damages, costs and legal fees arising out of or related to: (i) any alleged or actual breach or non-satisfaction by Buyer or, if applicable, any of its employees, authorized representatives or advisors of any of Buyer’s warranties, representations, covenants or obligations in this Agreement, (ii) any actual or alleged breach of warranty, representation, action or activity any Buyer which is in addition to or otherwise conflicts with Seller’s limited Product warranties to end users or other third parties, and (iii) any other claims of any nature that any Products have caused or contributed to bodily injury or death or damage to real or personal property, excluding claims solely arising out of defective or non-conforming Product.
- FORCE MAJEURE. Seller’s failure to deliver Product due to circumstances beyond its reasonable control including acts of God, fire, flood, war, labor disturbances, Seller or raw material shortages and governmental regulation will not constitute an event of default or breach of this Agreement. Seller will promptly notify Buyer of any such delay and its cause.
- SUCCESSORS AND ASSIGNS. All provisions of this Agreement will be binding on and benefit the parties hereto, and their successors, assigns and legal representatives, except that Buyer may not assign or otherwise transfer this Agreement without Seller’s prior written consent. Any assignment, delegation or transfer in violation of this provision will be void.
- GOVERNING LAW AND DISPUTE RESOLUTION. This Agreement is governed by and construed under the laws of the state of Wisconsin without reference to Wisconsin’s choice of law rules. Subject to Seller’s right to seek injunctive relief as stated below, any dispute, claim or controversy arising out of or related to the Parties involving the interpretation of this Agreement will be resolved by binding arbitration in Milwaukee, Wisconsin under the American Arbitration Association Dispute Resolution Procedures in effect at the time of arbitration. Buyer acknowledges and agrees that Seller may have no adequate remedy at law if Buyer breaches this Agreement. In such event, Seller will have the right to obtain specific performance or injunctive relief and any such proceedings will be venued in federal district court for the Eastern District of Wisconsin or in state court in Milwaukee County, Wisconsin.
a) The Agreement may be modified or terminated only upon Seller’s written consent.
b) This Agreement represents the entire agreement between the parties and supersedes all prior agreements, understandings, negotiations and discussion of the parties. There are no warranties, representations or agreements among the parties related to the same subject matter, except as expressly stated herein.
c) Seller may, in its discretion, cancel an order or withdraw delivery if Buyer fails or cannot comply with this Agreement and/or the terms of the Order Confirmation.
d) If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction (in whole or in part), the remainder of this Agreement will remain in full force and effect and will not be affected, impaired or invalidated.
e) Failure of Seller to insist upon performance of any provisions of this Agreement or to exercise any right or privilege hereunder will not be construed as a waiver or relinquishment of the future performance of any such term or condition or the future exercise of such right.
- PRIVACY. My Scooterbatteries, LLC is committed to protecting your privacy. This policy describes our practices regarding personal and account information collected by My Scooterbatteries, LLC (“we,” “us,” “our,” “BPLUS” or, “Myscooterbatteries®”) at our stores, online at Myscooterbatteries®.com (Site or web site) and via mobile applications (i.e. Myscooterbatteries®.com accessed through your mobile devices).
In this policy, “personal and account information” means your name, company name, account number, address, telephone number, and e-mail address plus other information that may personally identify you (“personally identifiable information”), including your industry, the number of employees at your company, and purchase history.
How much information must I share?
The amount and type of information we collect from you depends on your in store and online activities and use of our web site. Below, we explain what information we collect.
When you browse our web site
We may transfer your personally identifiable information and other information that you submit on our Site to our offices, affiliates, and service providers. However, we can, and will ask our service providers to use, store and otherwise process your information in accordance with this Policy regardless of where it is transferred. We do not share your personally identifiable information with third parties, without your consent, except as described in this policy and to the extent required by law, in accordance with your instructions.
When you make purchases through our web site
We collect your name, address, and payment information (such as credit card number, expiration date and credit card verification code) to process your order. We may also collect your zip code to assist in finding whether a certain product is available at a store near you.
When you create an e-Account on our web site
We collect your user name, password, bill-to address, and email address. You can help us ensure your privacy by not sharing your user name or password.
When you subscribe to our email newsletter through our web site
We use your email information to deliver newsletters, company information, and promotions. Your email information may be used in conjunction with any purchases you make at Myscooterbatteries®.com to provide customized offers or promotions.
When you communicate with us through our web site or in our stores
We collect your email address and the other information that you provide in order to respond to your communication. When you enter contests, participate in surveys, submit forms or applications, or register for other activities, we collect your name, email address and phone number, and the other information that is required for entry or participation or information relevant to your ability to purchase a franchise, which varies depending on the activity. Our business partners may co-sponsor contests on our site. If you enter one of these contests our co-sponsors may receive the information collected or may collect the information directly. In these situations, we will tell you who is collecting your information, how they may use it and how to contact them.
How is my personal and account information used?
We collect information about you in order to provide you with services and products and also collect information that is necessary for our Site to work properly. We use personal information about our users for a variety of purposes related to our business.
We may use your personal and account information to provide products or services you have requested, respond to a communication from you, contact you, and as otherwise described in this policy.
We may occasionally send you promotional, product or franchising information via regular mail, email, or other electronic channels, including ads on social media platforms. If you do not wish to receive promotional, product or franchising information, you may opt out of future communications by following the instructions in the communication.
In addition, in order to measure how we are doing and to better understand how we can improve our product offerings, we or one of our service providers or strategic partners may contact you by telephone or e-mail and solicit your participation in research. Your participation is voluntary.
If you become our customer, we may send you updates on important information about our company and services.
The My Scooterbatteries Site may track the total number of visitors to our Site, the number of visitors to each page of our Site, IP addresses, computer and browser type, version and domain, dates and times of use of each page of our Site, and any third party web site from which you were transferred to this Site, and more, and we may analyze data for trends and statistics in the aggregate, but this information will be in aggregate form only and it will not contain personally identifiable information. This aggregate information is not linked to any personally identifiable information that can identify any individual person. We may use this aggregate information to analyze trends, administer the Site, track users’ movement and gather broad demographic information for aggregate use and to improve the Myscooterbatteries® Site.
How is my personal and account information shared?
We restrict access to your personal and account information to those who need access to use it as set forth in this policy, which includes franchisees and service providers who are restricted by confidentiality obligations. Only authorized personnel are permitted to see your E-Account password.
We may share your personal and account information with our third party services providers, including but not limited to our credit card processors, web site developers and hosts, advertising agencies, third party shippers and other services providers, whose use of your information is limited to providing services to us. We do not sell, trade, rent or otherwise share your personal information with others.
We may disclose your personal and account information to respond to subpoenas, court orders, or other legal process, as required by law, or to establish or exercise our legal rights or defend against legal claims. Your personal and account information may also be disclosed in event of any future connection with a sale of some or all of our business or a merger with another company.
We may provide aggregate information and the data generated by cookies to web design and marketing firms we contract for web site development and advertising purposes.
How do you protect my personal and account information?
We use 2048-bit keys and TLS 1.2 (Transport Layer Security) technology in all areas where your personal and account information is required.
In addition, your personal and account information and transaction history are kept behind our firewall on separate servers. All transaction information is processed under encrypted channels.
How do I edit or delete my Site account information?
You may edit your account information at any time by signing in to your account and clicking “Your Account”. You can access, review and update your personal information. To delete your account, please call us at 1.800.677.8278 with specific instruction to delete your account. Your account can be deleted, but doing so will result in not being able to access certain areas of the site.
How do I unsubscribe from emails?
If you do not wish to receive emails from us, you may opt out of future communications by clicking on the “unsubscribe” link in any communication received from us.
How do I adjust ad preferences for ad network interest-based advertising?
Our Site is not directed at nor targeted to children under the age of 13. We do not use our Site to knowingly solicit personal information from or market to children under the age of 13. If you are under the age of 13, do not provide us with any personal information. If we learn that someone under 13 has provided personal information, we will use reasonable efforts to remove such information from our databases.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us via the Site.
How can I give you feedback or contact you?
You may contact us via email or phone. Our Customer Care team is available by phone 9:00am ET – 4:00pm ET, Monday through Friday 1-407-542-9697. Comments or questions can also be sent to us via postal mail, and we will use reasonable efforts to promptly review and respond as appropriate:
My Scooterbatteries, 3271 Oxford Drive, Kissimmee, FL 34746
Questions or correspondence specific to the franchising portion of the Site (My Scooterbatteries.com) should be addressed to:
Kissimmee, FL. 34746
Please note that messages become our property and, unless you direct otherwise, may be used by us for promotional purposes.