Welcome to Kulana Bike®, your premier destination for tandem bikes, beach cruiser bikes, and cruiser bikes designed to bring joy, freedom, and adventure to every ride. These Terms & Conditions (“Terms”) govern your use of our website located at kulanabike.com (the “Website”) and the purchase of products from Kulana Bike®. By accessing our Website, browsing our collection, or making a purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1. Acceptance of Terms
By visiting kulanabike.com or engaging with any of our services, you enter into a legally binding agreement with Kulana Bike®. If you do not agree with any portion of these Terms & Conditions, we kindly ask that you discontinue use of our Website immediately. These Terms apply to all visitors, users, customers, and others who access or use the Website, regardless of whether you make a purchase or simply browse our extensive selection of tandem bikes, beach cruiser bikes, and cruiser bikes.
We reserve the right to update, modify, or replace any part of these Terms & Conditions at our sole discretion. Any changes will be effective immediately upon posting to the Website. Your continued use of the Website following the posting of any changes constitutes acceptance of those changes. We encourage you to review this page periodically to stay informed about our current Terms.
2. Eligibility and Account Registration
To purchase products from Kulana Bike®, you must be at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater. By making a purchase, you represent and warrant that you meet these age requirements and have the legal capacity to enter into these Terms.
While account registration is not mandatory for browsing our Website, creating an account may be required to complete certain transactions or access specific features. When you create an account, you agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
If we have reason to believe that any information you provide is untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of our Website or services.
3. Products and Pricing
Kulana Bike® specializes in high-quality tandem bikes, beach cruiser bikes, and cruiser bikes designed to enhance your cycling experience. We strive to present our products with accurate descriptions, specifications, and images. However, we do not warrant that product descriptions, colors, images, or other content available on the Website are completely accurate, reliable, current, or error-free.
All prices displayed on kulanabike.com are subject to change without prior notice. We make every effort to ensure pricing accuracy, but errors may occur. In the event of a pricing error, we reserve the right to cancel or refuse any orders placed at the incorrect price, even after an order confirmation has been sent. If your order is cancelled due to a pricing error, we will notify you promptly and offer you the opportunity to purchase the product at the correct price.
Product availability is subject to change and cannot be guaranteed. We reserve the right to limit the quantities of any products or services we offer and to discontinue any product at any time without notice. All product specifications, including but not limited to dimensions, weight capacity, color options, and features, are provided for informational purposes and may vary slightly from the actual product received.
4. Ordering and Payment
When you place an order through kulanabike.com, you are making an offer to purchase our products subject to these Terms. All orders are subject to acceptance by Kulana Bike®, and we reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, suspected fraudulent activity, or other violations of these Terms.
We accept various payment methods as indicated during the checkout process. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the total amount of your order, including applicable taxes, shipping fees, and any other charges, to your chosen payment method.
Payment must be received in full before your order is processed and shipped. All transactions are processed securely through industry-standard encryption and payment processing systems to protect your financial information. However, you acknowledge that no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.
5. Shipping and Delivery
Kulana Bike® is committed to delivering your tandem bikes, beach cruiser bikes, and cruiser bikes in a timely and efficient manner. Shipping times and costs vary depending on your location, the shipping method selected, and product availability. All shipping times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, natural disasters, or other events beyond our reasonable control.
Title and risk of loss pass to you upon delivery to the shipping carrier. It is your responsibility to inspect all shipments upon receipt and to notify us of any damage, defects, or discrepancies within a reasonable time frame. Claims for damaged, defective, or missing products must be reported within seven (7) days of delivery to be eligible for resolution.
International orders may be subject to import duties, taxes, customs fees, and other charges imposed by the destination country. You are responsible for all such charges, and we recommend contacting your local customs office for more information before placing an order.
6. Returns and Refunds
Your satisfaction is our priority at Kulana Bike®. We want you to love your tandem bike, beach cruiser bike, or cruiser bike. If for any reason you are not completely satisfied with your purchase, we offer a return policy subject to the following conditions:
Products must be returned within thirty (30) days of delivery in their original, unused condition with all original packaging, accessories, manuals, and components included. Items that show signs of use, damage, modification, or normal wear and tear may not be eligible for return or may be subject to a restocking fee.
To initiate a return, please contact our customer service team with your order number and reason for return. We will provide you with return authorization and instructions. You are responsible for all return shipping costs unless the return is due to our error or a defective product. We recommend using a trackable shipping method and purchasing shipping insurance, as we are not responsible for items lost or damaged during return transit.
Upon receipt and inspection of your returned item, we will process your refund to the original payment method within a reasonable time frame, typically within ten (10) business days. Refunds will be issued for the purchase price of the returned item, excluding original shipping charges, unless the return is due to our error or product defect.
Certain items may not be eligible for return due to hygiene reasons, customization, or other factors. Such restrictions will be clearly indicated on the product page or communicated at the time of purchase.
7. Warranties and Disclaimers
Kulana Bike® stands behind the quality of our tandem bikes, beach cruiser bikes, and cruiser bikes. Products may be covered by manufacturer warranties as specified in the product documentation. These warranties are provided by the manufacturer and are subject to the manufacturer’s terms and conditions.
THE WEBSITE AND ALL PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
While we make reasonable efforts to ensure the accuracy of information on our Website, we do not warrant or represent that product descriptions, specifications, pricing, or other content on the Website are accurate, complete, reliable, current, or error-free. Any reliance on such information is at your own risk.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, our warranties will be limited to the maximum extent permitted by applicable law.
8. Limitation of Liability
To the fullest extent permitted by applicable law, Kulana Bike®, its affiliates, directors, officers, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Website
- Any conduct or content of any third party on the Website
- Any content obtained from the Website
- Unauthorized access, use, or alteration of your transmissions or content
- Use of products purchased through the Website
- Any injuries, accidents, or damages resulting from the use of our tandem bikes, beach cruiser bikes, or cruiser bikes
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO KULANA BIKE® FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM, or one hundred dollars ($100), whichever is greater.
This limitation of liability applies regardless of the theory of liability, whether based in contract, tort (including negligence), strict liability, warranty, or otherwise, even if we have been advised of the possibility of such damages.
9. Indemnification
You agree to defend, indemnify, and hold harmless Kulana Bike® and its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
- Your violation of these Terms & Conditions
- Your use of the Website or products purchased through the Website
- Your violation of any rights of another party
- Any content you submit or transmit through the Website
- Your negligent or wrongful conduct in connection with your use of our tandem bikes, beach cruiser bikes, or cruiser bikes
This indemnification obligation will survive the termination of these Terms and your use of the Website.
10. Intellectual Property Rights
All content on the Website, including but not limited to text, graphics, logos, images, videos, audio clips, digital downloads, data compilations, and software, is the property of Kulana Bike® or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The Kulana Bike® name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kulana Bike® or its affiliates or licensors. You may not use these marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Website, except as follows:
- Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials
- You may store files that are automatically cached by your web browser for display enhancement purposes
- You may print or download one copy of a reasonable number of pages for your personal, non-commercial use
11. User-Generated Content
Certain areas of the Website may allow you to submit reviews, comments, feedback, suggestions, ideas, or other content (“User Content”). By submitting User Content, you grant Kulana Bike® a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media format and through any media channel.
You represent and warrant that you own or control all rights in and to your User Content and that your User Content does not violate these Terms, infringe any intellectual property rights, violate any laws, or harm any third party. We reserve the right to remove, edit, or refuse to post any User Content for any reason without notice.
You acknowledge that User Content may be viewed by other users and through third-party websites, and you waive any privacy expectations you may have with respect to such User Content. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content and are not responsible for any User Content posted on the Website.
12. Third-Party Links and Services
The Website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Kulana Bike®. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. Your use of third-party websites and resources is at your own risk, and you should review the terms and privacy policies of any third-party websites you visit.
We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or resources.
13. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the collection and use of your information as described in our Privacy Policy.
We implement reasonable security measures to protect your personal information from unauthorized access, use, or disclosure. However, no security system is impenetrable, and we cannot guarantee the absolute security of your information. You transmit information to us at your own risk.
14. Prohibited Uses
You agree not to use the Website for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Website. Prohibited activities include, but are not limited to:
- Violating any applicable local, state, national, or international law
- Infringing upon or violating our intellectual property rights or the intellectual property rights of others
- Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against any person
- Submitting false or misleading information
- Uploading or transmitting viruses, malware, or any other malicious code
- Collecting or tracking personal information of others without consent
- Engaging in spamming, phishing, or other fraudulent activities
- Interfering with or circumventing security features of the Website
- Using any robot, spider, scraper, or other automated means to access the Website
- Attempting to impersonate Kulana Bike® or any of our employees, representatives, or affiliates
We reserve the right to terminate your access to the Website for violating any of these prohibited uses.
15. Termination
We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including but not limited to your breach of these Terms. Upon termination, your right to use the Website will immediately cease.
All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
16. Governing Law and Dispute Resolution
These Terms & Conditions and any dispute or claim arising out of or related to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State where Kulana Bike® is headquartered, without regard to its conflict of law provisions.
Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in the applicable jurisdiction, and you hereby irrevocably consent to personal jurisdiction and venue in such courts.
Before resorting to formal legal proceedings, we encourage you to contact us directly to seek an amicable resolution. Many disputes can be resolved quickly and satisfactorily through direct communication with our customer service team.
17. Arbitration Agreement
For any dispute not resolved through direct negotiation, you and Kulana Bike® agree to resolve such disputes through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
The arbitration will be conducted by a single arbitrator selected in accordance with the rules of the American Arbitration Association (AAA). The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction.
You and Kulana Bike® agree that any arbitration shall be limited to the dispute between you and us individually. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
18. Force Majeure
Kulana Bike® shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
In the event of a force majeure event, our performance will be suspended for the duration of such event, and we will be entitled to a reasonable extension of time to perform our obligations.
19. Severability
If any provision of these Terms & Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
20. Waiver
No waiver by Kulana Bike® of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms does not constitute a waiver of such right or provision.
21. Entire Agreement
These Terms & Conditions, together with our Privacy Policy and any other legal notices or agreements published by us on the Website, constitute the entire agreement between you and Kulana Bike® regarding your use of the Website and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter.
22. Assignment
You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. Kulana Bike® may assign, transfer, or delegate these Terms and our rights and obligations without restriction. Any attempted assignment, transfer, or delegation in violation of this section shall be null and void.
23. Contact Information
We value your feedback, questions, and concerns. If you have any questions about these Terms & Conditions, need assistance with an order, or wish to exercise any of your rights, please contact us:
Kulana Bike®
Website: kulanabike.com
Email: [email protected]
Phone: 816-772-8585
Mailing Address: 3379 Oak Lane, Kansas City, MO, 64106
Our customer service team is dedicated to providing you with exceptional support and will respond to your inquiries as promptly as possible.
24. Safety and Proper Use
Your safety is paramount when enjoying your Kulana Bike® tandem bike, beach cruiser bike, or cruiser bike. Always wear appropriate safety equipment, including a properly fitted helmet, when riding any bicycle. Follow all traffic laws, ride responsibly, and be aware of your surroundings.
Before each ride, inspect your bicycle for proper assembly, tire pressure, brake function, and any signs of wear or damage. Regular maintenance is essential for safe operation. Consult your bicycle’s user manual for specific maintenance requirements and safety guidelines.
Kulana Bike® is not responsible for injuries, accidents, or damages resulting from improper use, modification, lack of maintenance, or failure to follow safety guidelines. Bicycles have weight limits and usage recommendations; exceeding these limits or using the bicycle in ways not intended by the manufacturer may result in injury or property damage.
25. Age Restrictions and Supervision
Certain products, particularly tandem bikes, may require riders to meet minimum age, height, or weight requirements. Parents and guardians are responsible for ensuring that children use our bicycles safely and under appropriate supervision. Never allow children to ride unsupervised or in areas beyond their skill level.
26. Product Reviews and Testimonials
Reviews, testimonials, and ratings displayed on our Website represent the opinions of individual customers and do not necessarily reflect the views of Kulana Bike®. We do not verify the accuracy of reviews or claims made in testimonials, and such content should not be relied upon as professional advice or guarantees of specific results.
Individual results and experiences may vary based on numerous factors including but not limited to fitness level, riding conditions, maintenance practices, and proper assembly.
27. Accessibility
Kulana Bike® is committed to making our Website accessible to all users, including those with disabilities. If you experience difficulty accessing any part of our Website or require assistance with your order, please contact our customer service team, and we will work to accommodate your needs.
28. California Residents
If you are a California resident, you may have specific rights under the California Consumer Privacy Act (CCPA) and other California laws. For information about your privacy rights and how to exercise them, please refer to our Privacy Policy.
29. Modifications to Service
We reserve the right to modify, suspend, or discontinue the Website or any portion thereof, temporarily or permanently, with or without notice. You agree that Kulana Bike® shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or any service offered through it.
Conclusion
Thank you for choosing Kulana Bike® for your tandem bike, beach cruiser bike, and cruiser bike needs. We are passionate about providing you with high-quality bicycles that inspire adventure, create memories, and bring joy to every ride. Whether you’re cruising along the beach with a friend on a tandem bike or exploring your neighborhood on a classic cruiser, we’re honored to be part of your cycling journey.
By using kulanabike.com and purchasing our products, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions in their entirety. We encourage you to review these Terms periodically, as they may be updated to reflect changes in our practices, services, or legal requirements.
If you have any questions or concerns about these Terms, please don’t hesitate to reach out to our customer service team. We’re here to help ensure your experience with Kulana Bike® is nothing short of exceptional.
Happy riding, and we look forward to serving you!