Terms & Conditions of Purchase

This policy was last modified on April 14, 2023.

RESERVE NOW - Terms and Condition

By reserving the Series 512 E-Bike and paying the full price as a deposit (the “Deposit”), you hereby agree to these Terms in their entirety. By agreeing to these Terms, you (i) acknowledge and understand that you have reviewed and agreed to the Class Action Waiver detailed in these Terms, and (ii) confirm that you are at least 18 years of age, or otherwise have the consent of a parent or legal guardian to agree to the Terms.

WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME, AND EACH SUCH MODIFICATION SHALL BE EFFECTIVE UPON POSTING ON OUR WEBSITE. ALL MATERIAL MODIFICATIONS WILL APPLY PROSPECTIVELY ONLY. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO CANCEL THE RESERVATION AND RECEIVE A REFUND OF THE DEPOSIT.

Reservation Process and Changes

By reserving a Series 512 E-Bike and providing the Deposit, you will have a place in line for receiving the Series 512 E-Bike at a time to be determined by Ristretto Electric in its sole discretion. The features, specifications, design and/or configuration of the Series 512 E-Bike may change prior to production. You can cancel your reservation at any time prior to completing your purchase and seek a refund of the Deposit by providing a cancellation notice to Ristretto Electric, and we will use reasonable efforts to refund the Deposit in a timely manner.

We will aim to serve you based on your reservation date, but we reserve the right to re-sequence reservations based on available production details at the time.

In summary, by providing your Deposit at the time of your reservation, you understand that Ristretto Electric may not have completed the development of the Series 512 E-Bike, finalized the design of the Series 512 E-Bike or begun manufacturing the Series 512 E-Bike. We do not guarantee if or when the Series 512 E-Bike will actually be manufactured or delivered. Your delivery date is dependent on many factors, including the Series 512 E-Bike’s configuration and our manufacturing availability.

Payments

Payments may be declined or returned to you, in Ristretto Electric’s sole discretion, for any reason or no reason at all. If we accept your reservation for a Series 512 A24 or A20 E-Bike, your account, credit card, or other payment mechanism will be charged for the Deposit upon approval by Ristretto Electric regardless of when the product is expected to ship. If any credit card chargeback of any amount is issued on your reservation, your place in the queue for receiving the Series 512 A24 or A20 E-Bike will be paused until the chargeback has been resolved. Any applicable taxes (including sales tax) will be collected on reservations where such taxes are required to be collected.

No Resale and Our Cancellation Rights

Ristretto Electric and our affiliates and distributors sell Ristretto Electric products directly to end-consumers, and we may unilaterally cancel any reservation that we believe has been made with a view toward resale of the Series 512 A24 or A20 E-Bike or that has otherwise been made in bad faith. We may also unilaterally cancel your reservation and refund your Deposit if we discontinue the Series 512 A24 or A20 E-Bike or any of its features or options after the time you place your reservation or if we determine that you are acting in bad faith.

Warranty

We offer limited warranties on our products. Unless otherwise communicated to you in writing by us, the Series 512 A24 or A20 E-Bike will be sold to you subject to our standard product warranty applicable to this product. EXCEPT FOR THE LIMITED WARRANTIES, THE SERIES 512 A24 OR A20 BIKE IS SOLD ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, RISTRETTO ELECTRIC DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE.

Liability and Limitation of Remedies

IN NO EVENT SHALL RISTRETTO ELECTRIC OR ANY OF ITS AFFILIATES, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “AFFILIATES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

YOU AGREE AND UNDERSTAND THAT YOUR SOLE AND EXCLUSIVE REMEDY, AND RISTRETTO ELECTRIC’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY AND ALL CLAIMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS WILL BE LIMITED TO THE REFUND OF YOUR DEPOSIT.

Dispute Resolution and Binding Arbitration

You and Ristretto agree to resolve any dispute, controversy or claim between us exclusively and finally by binding arbitration on an individual basis, which means you and Ristretto 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 all 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 Ristretto, 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, or that relates in any way to your purchase of Ristretto products and services.

Arbitration shall be administered by the American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at www.adr.org. The tribunal shall consist of a sole arbitrator. The arbitrator shall have exclusive authority to resolve any arbitrable issue. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. In the event a party fails to proceed with arbitration as delineated in this paragraph, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit including reasonable attorneys’ fees and costs for having to compel or defend or enforce an award.

Nothing in this section (or within these terms) shall limit Ristretto’s right to seek injunctive or other appropriate relief in any state or federal court in Colorado, United States, to the extent you have in any manner violated or threatened to violate Ristretto Electric, LLC’s intellectual property rights.

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.

Governing Law; Choice of Law

These terms and any disputes between you and Ristretto will be construed and governed by the laws of Colorado, United States, without regard to conflicts of laws. You consent to the jurisdiction of the court of the State of Colorado and agree that those courts have personal jurisdiction over each party.

Notices and Communications

Ristretto Electric will provide any notices (including legal process) that it may be required to give you by any lawful method, including by making notices available through our website or by sending notices to any email address that you provide to Ristretto Electric. Ristretto Electric will also communicate with you about your reservation and send you updates, surveys and other information about Ristretto Electric products via the email address that you provide. If you’d prefer not to receive certain emails from Ristretto Electric click the unsubscribe link in an email and unsubscribe.

Please note that if you do not (i) provide Ristretto Electric with current and accurate contact information and/or (ii) subsequently provide any updated contact information to Ristretto Electric, we may not be able to contact you about your reservation.

You agree to send all notices under these Terms to Ristretto Electric by emailing them to Email: info@ristretto.us.

Your Privacy

At Ristretto Electric, we respect the privacy of our customers. For details please see our Privacy Policy. By using this website and/or reserving a Series 512 A24 or A20 E-Bike, you consent to our collection and use of your personal data as outlined therein.

Miscellaneous

Assignment. Nothing in these Terms may be assigned by you without the prior written consent of Ristretto Electric. These Terms shall bind and inure to the benefit of Ristretto Electric’s assigns and successors, including, without limitation, any entity with which or into which Ristretto Electric shall merge or consolidate.

Severability. In the event one or more of the terms of this Agreement are adjudicated invalid, illegal, or unenforceable, the adjudicating body may either interpret these Terms as if such terms had not been included, or may reform such terms to the limited extent necessary to make them valid, legal or enforceable, consistent with the economic and legal incentives underlying the Terms.

Excuse of Ristretto Electric’s Performance. Ristretto Electric’s performance hereunder shall be excused if rendered impossible or impractical.

Waiver. Ristretto Electric’s failure to enforce at any time any of these Terms, to exercise any election or option provided herein, or to require at any time performance by you of any of the provisions hereof, shall in no way be construed to be a waiver of such provisions, nor in any way to affect the validity of the reservation or any part thereof, or the right of Ristretto Electric thereafter to enforce each and every such provision.

If you have any inquiries, worries, or recommendations, feel free to get in touch with us through our Help Center or via email at info@ristretto.us. Please reach out to us if you need to report any violations of our Terms or if you require further clarification on any aspect of these Terms.

By purchasing and or reserving the Series 512 A24 or A20 you agree to our Terms and Conditions of Purchase, and confirm that: I am a resident of the United States and am at least 18 years of age. I have carefully read through the terms and conditions and give my full consent to them.

Deposit - Terms and Conditions of Purchase

These terms applied to you if:

You pre-order between the dates of April 25 and May 14, 2023. (Noon).
With a $512 discount and a deposit of $3,000.

IMPORTANT - PLEASE READ CAREFULLY: THESE TERMS AND CONDITIONS (THE “TERMS”) CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND RISTRETTO ELECTRIC, INC., A DELAWARE CORPORATION (“RISTRETTO ELECTRIC”, “US,” “OUR” OR “WE”), AND APPLIES TO YOUR PRE-ORDER(S) FOR THE SERIES 512 A24 OR A20 E-BIKE (THE “SERIES 512 E-BIKE”). IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT PLACE A PRE-ORDER(S) FOR THE SERIES 512 E-BIKE.

By pre-ordering the Series 512 E-Bike and paying the deposit of $3,000 (the “Deposit”), you hereby agree to these Terms in their entirety. By agreeing to these Terms, you (i) acknowledge and understand that you have reviewed and agreed to the Class Action Waiver detailed in these Terms, and (ii) confirm that you are at least 18 years of age, or otherwise have the consent of a parent or legal guardian to agree to the Terms.

Pre-Order Process and Changes

By pre-ordering a Series 512 E-Bike and providing the Deposit, you agree to provide full payment of the purchase price and take delivery of the Series 512 E-Bike once Ristretto Electric notifies you that it has been built and is ready to be delivered to you, your Deposit will have a place you in line for pre-ordering the Series 512 E-Bike at a time to be determined by Ristretto Electric in its sole discretion. The features, specifications, design and/or configuration of the Series 512 E-Bike may change prior to production. You can cancel your reservation at any time prior to completing your purchase and seek a refund of the Deposit by providing a cancellation notice to Ristretto Electric, and we will use reasonable efforts to refund the Deposit in a timely manner.

Once the Series 512 E-Bike that you pre-ordered has been built and is ready to be delivered, we will reach out to you by sending an email to the email address that you provided requesting payment of the purchase price. Once payment of the purchase price is received by Ristretto Electric, the Series 512 E-Bike will be delivered to you, subject to our standard terms and conditions of sale. If we do not receive your payment in full within a reasonable period of time, we may extend a purchase invitation to the next person on the pre-order(s) list. If you are unable to pay the full purchase price or if you otherwise cancel your pre-order(s), you will be entitled to a full refund of your Deposit, but you will not be entitled to receive a Series 512 E-Bike.

We will aim to serve you based on your pre-order(s) date, but we reserve the right to re-sequence pre-order(s) based on available production details at the time.

In summary, by providing your Deposit at the time of your pre-order(s), you understand that Ristretto Electric may not have completed the development of the Series 512 E-Bike, finalized the design of the Series 512 E-Bike or begun manufacturing the Series 512 E-Bike. We do not guarantee if or when the Series 512 E-Bike will actually be manufactured or delivered. Your delivery date is dependent on many factors, including the Series 512 E-Bike’s configuration and our manufacturing availability. You also understand that you will not receive the 512 E-Bike’s unless and until you provide full payment of the purchase price.

Payments

Payments may be declined or returned to you, in Ristretto Electric’s sole discretion, for any reason or no reason at all. If we accept your pre-order(s) for a Series 512 A24 or A20 E-Bike, your account, credit card, or other payment mechanism will be charged for the Deposit upon approval by Ristretto Electric regardless of when the product is expected to ship. If any credit card chargeback of any amount is issued on your pre-order(s), your place in the queue for receiving the Series 512 A24 or A20 E-Bike will be paused until the chargeback has been resolved. Any applicable taxes (including sales tax) will be collected on pre-order(s) where such taxes are required to be collected.

No Resale and Our Cancellation Rights.

Ristretto Electric and our affiliates and distributors sell Ristretto Electric products directly to end-consumers, and we may unilaterally cancel any pre-order(s) that we believe has been made with a view toward resale of the Series 512 A24 or A20 E-Bike or that has otherwise been made in bad faith. We may also unilaterally cancel your pre-order(s) and refund your Deposit if we discontinue the Series 512 A24 or A20 E-Bike or any of its features or options after the time you place your pre-order(s) or if we determine that you are acting in bad faith.

Warranty

Liability and Limitation of Remedies

Dispute Resolution and Binding Arbitration

Governing Law; Choice of Law

Notices and Communications

You agree to send all notices under these Terms to Ristretto Electric by emailing them to info@ristretto.us.

Your Privacy

At Ristretto Electric, we respect the privacy of our customers. For details please see our Privacy Policy. By using this website and/or reserving a Series 512 A24 or A20 e-Bike, you consent to our collection and use of your personal data as outlined therein.

Miscellaneous