Policies, Warranty, Terms & Conditions
The following is the purchase agreement, terms and conditions of the sale for any item purchased from Tomali Bikes.
PURCHASE AGREEMENT: When you click on the "Confirm and Pay" or similar button on the checkout screen, you agree to purchase the products and services indicated, in accordance with the terms and conditions included on the relevant screens, and in accordance with this agreement.
CUSTOMER SATISFACTION: Your satisfaction is our first priority. We will make every effort to make your shopping experience with us a pleasant one. We are always here to discuss any problem you may have. Please contact us with any question you may have. Our main telephone number is 323-271-1792. For faster service, please send us an email. All email are responded to within 24 hours.
SPECIFICATIONS:All scooters specifications are based on the information given by the manufacturer and the manual provided with the scooter. We do not make any claim as to the accuracy of the manuals or the specifications listed on this site. We do our best to give the most accurate information possible. We are not responsible for any errors regardless of the source, including but not limited to typing errors, misprint, omissions... We took all the pictures ourselves from the actual product shown. We do guarantee that you will receive a scooter that is the same as the picture shown to the exception of the color and a few details as manufacturers may change specifications from one shipment to the next.
RETURN POLICY: If you are not satisfied with your purchase for any reason, you may return unused scooters (unused means that you have not assembled or used the scooter) in the original packaging within 7 days from the date you receive it. You are responsible for properly packaging the scooter for the return. Upon reception and inspection of the scooter, we will refund the purchase price less the shipping, handling costs and shipping damage if any. A 15% restocking fee may also be applied. If the returned item was used or there are pieces missing, we will deduct the cost of all the missing pieces and up to 25% restocking fee may apply. If we receive the item with shipping damage, we will charge you for the repairs or replacement parts (please see Parts section below.) You must get a return authorization (RMA) from us prior to returning the scooter and clearly mark it on the exterior of the package. Merchandise returned without an RMA will be refused. Any purchases where a credit card was used to make the original purchase, will be charged 4% credit card assessment fee for reversing a credit card transaction.
WRONG ITEM RECEIVED:If we ship you the wrong item, it will be replaced at no additional cost to you. Orders delivered with the wrong color receive a $20 discount – the scooter is not replaced. Engine upgrades are not considered as a wrong item – the scooter is not replaced. If you receive the wrong scooter and assemble and / or put gas in it, it is deemed as you have accepted the item change and will receive a refund of the cost difference if any.
ORDER CANCELLATION POLICY: You may cancel your order at anytime as long as it has not shipped. Once an order has been shipped, it cannot be canceled. An order is considered shipped once we gave it to the freight carrier as shown on the bill of lading or the pickup record.
REFUSED SHIPMENT POLICY: If you refuse your shipment, upon reception of the refused merchandise, we will issue a credit for the purchase price less the shipping and handling cost. The minimum shipping and handling cost is $50 even on scooters that are sold with free shipping. We may apply a 15% restocking fee on refused orders.
Please note that if you refuse your shipment because it looks and/or is damaged, it will still be considered as a refused order. For shipping damage, please see below.
SHIPPING DAMAGE: Do not refuse your shipment if your scooter appears to be damaged, doing so will cost you more time and money.
If your scooter is damaged in shipping, please do not be alarmed. Your shipment is totally covered by freight insurance. If you notice the damage while the driver is there, please ask him or her to properly annotate the bill of lading with "VISIBLE DAMAGE". If you discover the damage after the driver is gone, please contact your local shipping terminal (that delivered the scooter to you) and ask them to mark the bill of lading with "VISIBLE DAMAGE" or send someone to inspect the damage. The local terminal should also provide a claim form. Please do not refuse your shipment unless we advise you to do so. If you need assistance filing a shipping claim, please send an email to tomali_s@yahoo.com
WARRANTY: All scooters (to the exception of scooters marked CLOSEOUT) come with a manufacturer warranty. The warranty usually covers the power train (engine and transmission) for parts only for a period between 6 and 36 months. Please see the scooter description page for the length of the manufacturer warranty. The warranty covers parts only, there is no labor coverage whatsoever even if it's a problem out of the box.
Loose parts that fall off are not covered under warranty. Please insure that all the nuts and bolts, locks, fuse covers and other parts and properly fastened prior to usage.
6 months and 1 year bumper to bumper: Some scooters have optional bumper to bumper warranties. If you purchase one of these warranties, your scooter is covered against any manufacturer defect for parts only (no labor) for the length of time indicated. All parts are covered and will be replace at no additional cost to you to the exception of shipping in some cases.
The following excluded and wear and tear parts are not covered under the bumper to bumper warranty: Tires, flats, bulbs, brakes, brake pads, chain, battery, belts, fuses, body parts, all accessories (radios, CD players, MP3, disk lock, covers...) and seat.
Warranty exclusions: Ceased engines are not covered under warranty. Damage due to mishandling, misassembly, misuse, abuse, accident, collision or any other cause with the exception of manufacturer defect is not covered by the warranty. CLOSEOUT ITEMS (marked closeout in the description) ARE NOT COVERED BY THE WARRANTY. IN ALL THESE CASES PARTS ARE AVAILABLE FOR PURCHASE. Do not attempt to fix, modify or
disassemble any part on your own as this may void your warranty.
PARTS: We reserve the right to inspect parts prior to approving a replacement under the warranty. We may ask you to send us the defective parts prior to sending replacement parts. If you can't return broken parts upon request, we will charge you for the parts we send. If we approve your parts under the warranty, we will send them to you at no additional cost. Parts are usually shipped within 48 hours of receipt of order or warranty approval.
ASSEMBLY: All scooters require some assembly unless otherwise marked in the item description. The assembly time varies between 30 minutes and 2 hours depending on the model and the competence of the person performing the assembly. Our staff will be happy to put you in touch with one of our technicians. You can also answer your assembly and technical questions by e-mail to contact us
Scooters are not difficult to assemble, however, if you have no prior experience assembling a scooter, we strongly recommend that you have your scooter professionally assembled or checked prior to using it the first time. A misassembled scooter may no perform properly and may be dangerous to ride. Scooters can be professionally assembled at bicycle, motorcycle or lawnmower shops in your local area. The cost should not exceed $75. Please contact us if you need assistance locating a shop.
Safety Information:
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Please be advised that some scooters are not street legal in some states, other states restrict the usage to riders 16 years of age and older. Please check with your local transit authorities or DMV prior to purchase and/or use. Please always wear a helmet and protective gear such as knee and elbow pads - Some states require a motorcycle license to operate some vehicles sold on this site
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Ride responsibly
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Always check the tire pressure and proper function of the brakes prior to riding.
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Follow all instructions and heed all warnings accompanying any product ordered from the Site. Always wear a helmet and protective gear, respect all traffic laws.
EMAIL RECEIPT: After you place an order by means of this site, you should receive an email acknowledgment within one business day to confirm that TOMALI BIKES has accepted your order and is processing it. The email will contain the details of your order, the itemized and total amounts that will be billed to you, including all applicable taxes and other charges. Please review this receipt carefully to confirm that you properly entered your order. If you paid by credit card, your billing will appear under EVO.
INSURANCE: YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS SCOOTER. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT. YOU ARE NOT INSURED BY US.
WAIVER AND LIMITATION OF LIABILITY: You hereby acknowledge that the warranty provided herein and the accompanying obligations and liabilities of Tomali Bikes, tomaliscooters.com, MoriCorp Inc., and its affiliates, officers or employees (collectively tomali) are exclusive and you hereby waive all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by the negligence of Tomali Bikes. You acknowledge by your use of Tomali Bikes' products that your use of the products and any reliance upon them is solely at your own risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with Tomali Bike products.
TOMALI BIKES HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT TOMALI BIKES IS NOT AND WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE.
YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST TOMALI BIKES ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED FROM TOMALI BIKES.
INDEMNIFICATION: YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS TOMALI BIKES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS, FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS PURCHASED VIA THE SITE.
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