Terms of service

OVERVIEW

This website is operated by Apexwill. Throughout the site, the terms “we”, “us” and “our” refer to Apexwill. Apexwill offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing an Apexwill e-bike, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein (including our Return & Refund Policy and Privacy Policy).

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

SECTION 2 - ACCURACY OF PRODUCT INFORMATION

We have made every effort to display as accurately as possible the colors and images of our products, featuring our signature Kinetic Green (#DFFF00) and Geek Black (#121212).

Disclaimer: We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations perfectly, as individual screen settings may vary.

SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

SECTION 4 - SHIPPING, DELIVERY, AND RISK OF LOSS (EU COMPLIANCE)

Delivery Estimates: Any delivery dates provided are estimates and not guaranteed.
Risk of Loss: In accordance with EU Consumer Law, if you are a consumer, the risk of loss or damage to the goods passes to you only when you, or a third party designated by you (other than the carrier), have acquired physical possession of the goods.

SECTION 5 - RIGHT OF WITHDRAWAL (14-DAY COOLING OFF)

If you are a resident of the European Union or the UK, you have the right to withdraw from this contract within 14 days without giving any reason.

The Period: The withdrawal period expires 14 days from the day on which you acquire physical possession of the goods.
To Exercise: You must inform us of your decision via email at [email protected].
Refunds upon Withdrawal: We will reimburse all payments received from you, including the costs of delivery (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us).

SECTION 6 - LEGAL GUARANTEE & CONFORMITY (EU MANDATORY)

Apexwill provides a statutory 2-year legal guarantee for all new e-bikes purchased within the EU.

This guarantee covers any lack of conformity that exists at the time of delivery.
This is in addition to any voluntary Manufacturer’s Limited Warranty provided by Apexwill.

SECTION 7 - PROHIBITED USES & AGENT POLICY

In addition to other prohibitions, you are prohibited from using the site: (a) for any unlawful purpose; (b) to infringe upon or violate our intellectual property rights.

Agent Access: No software or AI Agent may access the Services unless it identifies itself in the HTTP request as Agent/[agent name] and operates in accordance with our technical measures.

SECTION 8 - LIMITATION OF LIABILITY

Apexwill does not guarantee that your use of our service will be uninterrupted or error-free.

Consumer Rights: Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, or for any other liability which cannot be limited or excluded by applicable mandatory law (such as under the EU Product Liability Directive).

SECTION 9 - ONLINE DISPUTE RESOLUTION (ODR)

The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at: https://ec.europa.eu/consumers/odr. Apexwill is committed to professional customer service and will attempt to resolve any dispute directly at [email protected].

SECTION 10 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, USA. However, as a consumer residing in the EU, you are also protected by the mandatory provisions of the law of the country in which you reside.