Returns
STARK DRIVE WARRANTY & RETURN POLICY
After Delivery Stark Drive offers a No-Questions-Asked 30 day return/warranty policy when purchased at our store non inclusive crowdfunding periods so long as it’s in the original condition as when you received it, original packaging etc. Return shipping costs are the responsibility of the buyer. Furthermore it behooves the buyer to ensure that the bike is returned in the same condition as it was shipped to the buyer. Stark Drive's warranty applies only to the original backer/purchaser and is non transferrable.
When you receive your bike you must inspect the box before signing off with the carrier to determine if there is any damage to the box that could have caused damage internally to the bike, any such damage to the box must be noted on the paperwork that you sign with the carrier, Furthermore within 24 hours of receiving your bike you must inspect the bike once removed from the box for damage that could have occurred in transit and report this back to first the carrier and then to us for our records. We insure the bikes on leaving our factory with the carrier.
Unlike a traditional store, Stark Drive takes the funds and immediately transfers them to our manufacturing partner to being production of your order. If purchasing a customized bike, returns are subject to a fee based on the level of customization calculated when you are sent your Return Merchandise Authorization (RMA). An RMA will be sent when contacted about a return. Any damage to the bike when received and opened by our staff on a RMA authorized return will be deducted from any outstanding refund based on replacement costs as per our website. Whether or not Stark Drive assisted you with booking the the return shipping of the bike, all responsibility on the condition of the bike and insuring the bike for transport falls on the buyer. We only book return shipping on the condition that all return shipping costs are prepaid to us and these are non refundable and you will be contacted to agree to said costs before we issue you a waybill. By shipping us the bike you indicate acceptance of these charges in full.
There is a possibility to upgrade/change your order and receive a credit for your previous order by placing a follow up order and sending us an email with both your new order and old order whereby we will then be able to refund your old order.
All Stark Drive products carry a 30 day satisfaction guarantee*1 manufacturer's warranty*2, *3.
We may elect to not accept or authorize return of products that are not in their unopened, original packaging, or have been altered or modified with third-party or aftermarket parts or components. Any unauthorized returns may be treated as unwarranted requests.
*1 The 30 day satisfaction guarantee states that if you purchased the product directly from StarkDrive.bike, then for the first 30 days after the original delivery date of your order, if for any reason you are not satisfied with the purchase and you have not broken the seal or removed the product from the original packaging, then you may contact Stark Drive Customer Support (hello@starkdrive.com) to obtain an RMA and shipping instructions.
Once the product has been returned to us and has been ascertained to be complete (including the “original sealed” product box, with the unit in its original packing materials) and undamaged. Your purchase price, less shipping and handling, will be refunded to you. We do not refund any shipping costs, and we may have to charge you extra if your original real shipment costs were greater than our invoiced amount. Note that if the product is defective, you may either request a repair or an exchange (per our warranty).
Stark Drive uses payment processors which charge us a fee to process payments internationally. Our current charge is 4.9% per transaction and in the event of a return request after purchase with us having complied with our purchase terms this fee would be deducted from the total.
Returns or request for Refund Before Shipment
If you elect to request a refund before shipment has occurred or otherwise decide to cancel your order through no fault of Stark Drive, we will require all fees paid to our credit card provider to be covered for processing the original transaction as well as costs incurred during production for bikes that are customized and cancelled. Fees are calculated on a case by case basis during manufacturing charged when we process a credit card transaction through our payment processor Stripe and Paypal. If we are not reimbursed for these fees (currently only applicable to payments made via Stripe (www.stripe.com), we will require that these fees be compensated to us either through a reduction in the total refund issued or we may issue an invoice for the fees after the refund has occurred. Currently the fees via stripe are 4.9% of the total payment amount. These fees are not received by Stark Drive, rather they are only withheld by our payment processor for processing the original transaction.
Warranty Assessment
In order to assess what the damage is (whether caused by the delivery carrier or otherwise) we need the customers help to send us photos/videos of the problem to send to our engineers to make an assessment of what components need to be sent to repair any issues with your bike. In certain cases we may require return of defective components for analysis before shipping out replacement components. All warranty parts are shipped free of charge however installation and any costs associated with installation are the responsibility of the buyer.
We cannot guarantee that we will accept returns that have not been authorized by us. This guarantee is limited to one product per customer. No refunds will ever be given after 30 days from the original delivery date.
*2 The 30 day manufacturer's warranty states that, for Stark Drive Electric Bikes, parts and components, if the product fails in normal use (with no "customer-induced failure" and no customer changes or modifications to the product) within the first 30 days of ownership, then we will refund or replace it (at our option) at no charge to you except for your cost of shipping it to us. International orders must pay shipping, handling, and any import or export related expenses for both directions of the shipment.
*3 Bikes purchased after June 10 2018 will now include only a 30 day parts warranty but can still be upgraded to a 2 year warranty by making this selection on the website during the configuration process or even purchasing this option through the accessories page as long as you do so within 30 days of receiving Stark Drive.
Stark Drive offers custom manufactured bikes for our customers depending on the options he/she chooses during the configuration process. If Stark Drive is configured with options or add ons such that modify the bike from its stock, standard or default configuration that is fixed as standard when landing on the configuration page it involves variances from the default construction of Stark Drive thereby restricting or eliminating the ability to return Stark Drive without a fee to compensate for these upgrades that will be assessed on a case by case basis. Furthermore, if a configured bike is purchased and a claim is filed through the payment processor we reserve the right to cancel the delivery of your Stark Drive whether the claim is successful or not as these claims can take months to come to conclusion. Such claims have a dramatic effect on our entire logistics process as each Stark Drive is unique when configured outside the default configuration. For accounts where chargebacks are initiated after the products have been delivered we will charge additional fees based on our additional fees when using collections agencies, brokers, and/or legal fees. We will also charge federally mandated interest and fees from the date the order was made until the payment is made in full. In the event that Stark Drive needs to file a suit in any branch of the court system in order to reclaim costs associated with your purchase we will add additional fees including but not limited to: court costs, flight costs for staff to attend trials/court dates as well as time spent in the courtroom for our staff billed per hour at a rate of $100/hr (minimum $500).
All expenses incurred for us to attend a trial for a delinquent account will be added to any amounts owing to Stark Drive. This applies if the product is kept after a chargeback is made and not returned to Stark Drive at the customers expense as per our refund policy.
Buyer Responsibilities: By submitting or posting any User Feedback publicly be it on Starkdrive.bike or any other website in connection or relating to Stark Drive, you agree that your User Content will comply at all times with our Code of Conduct in so-much-as untrue statement will not be posted, statements whose sole purpose is to cause business or brand harm to Stark Drive or our partners will not be posted. Contact must have been taken with Stark Drive's customer support before posting negative statements in order for us to try to resolve any issues you may have. Submission of posts of a defamatory nature when not fulfilling our requirements can result in forfeiture of your warranty, and any further technical support/contact from Stark Drive.
Further you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites or in connection with any Service any of the following:
User Content that contains any viruses, corrupted data, malicious code or other harmful, disruptive or destructive files
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law
User Content that infringes or violates any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to post, distribute, display and reproduce such User Content
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity
Unsolicited promotions, political campaigning, advertising or solicitations
Private or personally identifiable information
and/orUser Content that, in the sole judgment of Stark Drive, is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose Stark Drive or its users to any harm or liability of any type.
Stark Drive may reject, refuse to post or delete any User Content for any or no reason, including without limitation, User Content that in the sole judgment of Stark Drive violates these Terms of Use, including our Privacy Policy. Stark Drive assumes no responsibility for monitoring the Sites for inappropriate User Content or conduct. If at any time Stark Drive chooses, in its sole discretion, to monitor the Sites, Stark Drive nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content and no responsibility for the User Conduct of the user submitting any such User Content.
Please contact Stark Drive Customer Support (hello@starkdrive.com) to obtain a return authorization number and shipping instructions, and to determine if this warranty applies to your case. We cannot accept returns that have not been authorized by us.
Mutual Non-Disparagement: As a customer and after agreeing to our terms and conditions when making a purchase you agree to refrain from any defamation and shall not disparage the Company, its subsidiaries and parents, and their respective directors, investors, employees, and agents, and its and their respective successors and assigns, heirs, executors, and administrators, or make any public statement in any forum both real and virtual reflecting negatively on the Company, its subsidiaries and parents, and their respective officers, directors, investors, employees, and agents, and its and their respective successors and assigns, heirs, executors, and administrators, to third parties including, but not limited to, any matters relating to the operation or management of the Company, or the products manufactured, produced or sold irrespective of the truthfulness or falsity of such statement, except as may otherwise be required by applicable law or compelled by process of law. As part of the terms of purchase with the Company, the current officers and directors of the Company agree to refrain from any defamation, libel or slander of you, the customer, and any tortuous interference with the contracts, relationships and prospective economic advantage of you the customer. The Company shall direct its directors and officers not to disparage you or make any public statement reflecting negatively on you to third parties, irrespective of the truthfulness or falsity of such statement, except as may otherwise be required by applicable law or compelled by process of law. If it is deemed that this agreement has been breeched and can clearly be demonstrated that this breech occurred by either party, such that no reasonable doubt remains in the breech of this agreement, will the party that has breeched the agreement be liable for any and all costs incurred to investigate and/or prosecute said action as well as an equivalent charge equal to the original purchase price of goods sold including all carriage costs and applicable taxes, being billed to the offending party due immediately upon issuance and collectable under the local respective debtors authorities.
Force Majeure. In no event shall Stark Drive be responsible or liable for any failure or delay in the performance of its obligations, including deliveries of our products at www.starkdrive.bike hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, WHO certified pandemics or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that Stark Drive shall use reasonable efforts which are consistent with accepted practices in the electric bike industry to resume performance as soon as practicable under the circumstances.
Please note: We never warrant Stark Drive products with electronic or mechanical components that have been modified or altered, or replaced with third-party parts, or products that show any signs of misuse. Further warranty becomes invalidated if you have made any modifications to the bike computer or change components on the bike before consulting Stark Drive to ensure compatibility. Stark Drive should not be used at excessive speed and the bike has been electronically limited based on your geographic area (ie: 25kph EU / 32kph USA) Traveling in excess of these speeds will void your warranty. Standard safety equipment (ie: helmet) should always be used when riding Stark Drive whether you are legally required to do so in your geographic location or not. If you do not have your bike assembled at a certified bike shop (on delivery) and checked by said shop to ensure that all components are properly adjusted/assembled/configured you void the warranty from Stark Drive. Proof of payment for assembly can be requested when assessing warranty viability.
Refund and replacement are your only remedies under our warranty.
Your only remedy under our warranty is the above mentioned refund (30 day satisfaction guarantee) or the replacement (30 day warranty) of your eligible Stark Drive product as described above. Neither this warranty nor any other warranty, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, shall extend beyond the 30 day warranty period.
Under no circumstances shall Stark Drive Electric Bikes be liable for any special incidental, indirect or punitive damages or for any consequential damages, even if Stark Drive Electric Bikes knows or is informed that such damages are possible.