Returns

Effective Date: January 2017  |  Version 2.0  |  Supersedes all prior versions

1. Overview

This Warranty & Return Policy ("Policy") governs all purchases made directly at StarkDrive.bike (the "Store"). By completing a purchase, you acknowledge that you have read, understood, and agree to the terms of this Policy. This Policy forms part of Stark Drive's Terms of Purchase, available at starkdrive.bike/purchase-terms/.

Stark Drive offers: (a) a 30-Day Satisfaction Guarantee for eligible products returned in original, unopened condition; (b) a 30-Day Limited Manufacturer's Warranty against defects arising in normal use; and (c) an optional 2-Year Extended Warranty available for purchase. These remedies are in addition to, and do not limit, any statutory rights you may have under applicable law.

2. Eligibility & Scope

This Policy applies exclusively to products purchased directly from StarkDrive.bike and is non-transferable — it applies only to the original purchaser. Products acquired through third-party retailers, resellers, or during crowdfunding campaigns are expressly excluded unless otherwise confirmed in writing by Stark Drive at the time of purchase.

3. Limited 30-Day Satisfaction Guarantee

3.1 Scope

If, within 30 days of the original delivery date, you are not satisfied with your purchase for any reason, you may return the product to Stark Drive for a refund, subject to the conditions below.

3.2 Conditions for Eligibility

• The product must be in its original, factory-sealed packaging with all components, documentation, and accessories intact and unused.
• The product must not have been assembled, modified, or used in any way.
• A Return Merchandise Authorization (RMA) number must be obtained prior to return — see Section 6.
• Returns must be initiated within 30 days of the original delivery date. No returns will be accepted after this period under this guarantee.
• This guarantee is limited to one return per customer.

🇪🇺 EU Consumers: In addition to this guarantee, if you are a consumer habitually resident in the European Union or European Economic Area, you have a statutory right of withdrawal of 14 days from delivery under Directive 2011/83/EU (the Consumer Rights Directive), regardless of whether the product has been opened. This statutory right is not limited by the conditions in Section 3.2. To exercise your statutory withdrawal right, contact us at hello@starkdrive.com within 14 days of delivery.

3.3 Refund Calculation

Upon receipt and satisfactory inspection of the returned product, Stark Drive will issue a refund of the original purchase price, less:

• Original outbound shipping and handling costs (non-refundable in all cases);
• Payment processor transaction fees (currently 4.9% of the transaction amount), which are withheld by our processor and not retained by Stark Drive;
• Any deductions for damage caused after delivery, calculated at replacement cost per current pricing on our website.

⚠️ If actual outbound shipping costs exceeded the amount invoiced to you at checkout, the difference may also be deducted from your refund.

3.4 Return Shipping

Return shipping costs are the buyer's responsibility. You must use a trackable, insured shipping service covering the full purchase value. Stark Drive accepts no liability for products lost or damaged in return transit.

Stark Drive may, at its discretion, arrange return shipping on your behalf, provided all associated costs are agreed and prepaid by you in writing prior to issuance of a waybill. Prepaid return shipping fees are non-refundable.

4. 30-Day Limited Manufacturer's Warranty

🇪🇺 EU Consumers — 2-Year Statutory Guarantee: Consumers habitually resident in the European Union or European Economic Area are entitled to a minimum 2-year statutory guarantee of conformity under Directive 2019/771/EU as implemented in applicable national law. This right exists independently of and is not limited by the 30-day warranty in this section. See Section 15 for further details.

4.1 Coverage

For a period of 30 days from the original delivery date, Stark Drive warrants that its electric bikes, parts, and components will be free from defects in materials and workmanship under normal use conditions. If a covered defect arises within this period, Stark Drive will, at its sole option, repair or replace the affected product or component at no charge, except as set out in Section 4.3.

4.2 Warranty Assessment Process

To initiate a warranty claim, contact Stark Drive Customer Support at hello@starkdrive.com. You will be required to provide photographs and/or video documentation of the defect for engineering review. In certain cases, Stark Drive may require return of defective components for analysis before dispatching replacements. Warranty replacement parts are shipped free of charge; the cost of installation is the buyer's responsibility.

4.3 International Shipping Costs

For international orders, the buyer is responsible for all shipping, handling, and any import or export duties for both outbound replacement parts and return of defective components.

4.4 Warranty Exclusions

This warranty does not cover:

• Damage caused by the delivery carrier (see Section 7);
• Defects resulting from customer-induced damage, misuse, neglect, or accidents;
• Modification, alteration, or replacement of components with third-party or aftermarket parts not approved in writing by Stark Drive;
• Damage from operation at speeds exceeding programmed regional limits (EU: 25 km/h; USA: 32 km/h);
• Products not professionally assembled upon delivery (see Section 4.5);
• Any defect arising after the 30-day warranty period, unless the Extended Warranty under Section 5 has been purchased.

4.5 Professional Assembly Requirement

For safety reasons, warranty coverage is conditional upon the bike having been assembled and inspected by a certified bicycle mechanic or bike shop of your choosing upon delivery. This requirement exists solely as a safety condition and does not restrict your choice of service provider. Stark Drive may request proof of payment for professional assembly when assessing any warranty claim.

5. Optional 2-Year Extended Warranty

Bikes purchased after June 10, 2018 include a 30-day parts warranty by default. An extended 2-year parts warranty may be purchased as an add-on during product configuration or through the accessories page, provided such purchase is made within 30 days of the delivery date. The extended warranty is subject to the same exclusions set out in Section 4.4.

6. Return Authorization (RMA)

No returns will be accepted without a valid RMA number. To obtain an RMA:

1. Contact Stark Drive Customer Support at hello@starkdrive.com;
2. Provide your order number, reason for return, and supporting photographs if applicable;
3. Await written confirmation of your RMA number and return shipping instructions.

Products returned without a valid RMA, or that do not comply with this Policy, may be refused or returned to sender at the buyer's expense. Stark Drive reserves the right to decline returns for products that are not in their original, unopened condition or that have been modified with third-party components.

7. Shipping Damage — Inspection Obligations

Before signing the carrier's delivery documentation, you must inspect the outer packaging for visible damage. Any damage to packaging must be noted on the carrier's paperwork at the time of delivery. Within 24 hours of delivery, you must inspect the product and report any transit damage to both the carrier and to Stark Drive at hello@starkdrive.com.

Stark Drive insures all bikes from the point of dispatch from our factory. Failure to inspect and report damage within these timeframes may affect your ability to make a carrier claim and may limit Stark Drive's ability to assist in cost recovery on your behalf.

8. Customized Bikes & Pre-Shipment Cancellation

8.1 Customized Orders

Stark Drive manufactures bikes to order based on customer-selected configurations. Upon receipt of payment, funds are transferred to our manufacturing partner to commence production. Where a bike has been configured with options deviating from the standard default configuration, returns are subject to a customization fee reflecting non-recoverable production costs. This fee is calculated individually and communicated to you in the RMA process before any return is processed.

8.2 Cancellation Before Shipment

If you elect to cancel your order prior to shipment through no fault of Stark Drive, you agree to reimburse Stark Drive for:

• Payment processor transaction fees incurred on the original payment (currently 4.9% for Stripe and PayPal), which are withheld by the processor and not retained by Stark Drive;
• Documented production costs incurred for customized bikes at the time of cancellation.

These amounts will be deducted from your refund, or — if the refund has already been issued — Stark Drive may invoice you for the outstanding amounts. All fee calculations will be communicated to you in writing before processing.

8.3 Order Credit Transfer

As an alternative to a cash refund, you may elect to upgrade or change your order and receive store credit for the value of your previous order. Contact Customer Support with both your existing and new order numbers to initiate this process.

9. Chargebacks

If you initiate a chargeback or payment dispute through your card issuer or payment processor, Stark Drive reserves the right to respond with documentary evidence and to contest the chargeback through the applicable dispute resolution procedures.

Where a chargeback is initiated after a product has been delivered and no valid return has been authorized under this Policy, Stark Drive may pursue recovery of the outstanding amount through lawful collection and legal channels. Where a chargeback is initiated prior to shipment on a customized order, Stark Drive may suspend production pending resolution of the dispute. Stark Drive will not unilaterally cancel or withhold delivery of an already-dispatched shipment solely on the basis of a pending chargeback.

Customers who have retained a delivered product and have not complied with the return procedures in this Policy remain liable for the full purchase price and any documented costs of collection.

10. Debt Collection & Legal Cost Recovery

Where Stark Drive is required to pursue recovery of a validly owed outstanding balance through legal proceedings, Stark Drive reserves the right to seek reimbursement of documented and reasonable legal costs, court fees, and collection expenses to the extent awarded by a court of competent jurisdiction and as permitted by applicable law. Any such cost recovery is contingent upon a court order and does not constitute a pre-agreed or liquidated damages provision.

Stark Drive will comply with applicable consumer protection law in all collection activities and will not seek penalties beyond those permitted by law.

11. Warranty Exclusions & Limitation of Liability

11.1 Sole Remedies

Refund (under the 30-Day Satisfaction Guarantee) and repair or replacement (under the 30-Day Limited Manufacturer's Warranty or Extended Warranty) are your sole remedies under this Policy, except as required by applicable mandatory law.

11.2 Limitation of Implied Warranties

To the fullest extent permitted by applicable law, any implied warranties — including implied warranties of merchantability and fitness for a particular purpose — are limited in duration to the applicable 30-day warranty period. Some jurisdictions do not allow limitations on implied warranties; in such jurisdictions, this limitation applies to the maximum extent permitted by law. Nothing in this section affects statutory rights that cannot be limited or excluded under applicable consumer protection legislation, including EU consumer law.

11.3 Limitation of Consequential Damages

To the fullest extent permitted by applicable law, Stark Drive shall not be liable for any special, incidental, indirect, punitive, or consequential damages, including loss of income or loss of use, even if Stark Drive has been advised of the possibility of such damages. This limitation does not apply where prohibited by applicable law, including consumer protection legislation in the European Union or other applicable jurisdictions.

11.4 Warranty Invalidity

Stark Drive does not warrant products with electronic or mechanical components that have been modified, altered, or replaced with third-party parts, or that show signs of misuse. Warranty is also invalidated by modifications to the bike's computer or components made without prior written approval from Stark Drive confirming compatibility.

12. User Reviews & Feedback

12.1 Right to Post Honest Reviews

Stark Drive supports and respects your right to post honest, truthful reviews and feedback about your experience with our products and services, on our website or any third-party platform. Nothing in this Policy restricts or penalizes truthful statements, including complaints to consumer protection authorities or government agencies.

🇺🇸 US Consumers: This section is consistent with the Consumer Review Fairness Act (15 U.S.C. § 45b). Stark Drive does not and will not enforce any provision that prohibits, restricts, or penalizes honest consumer reviews.

12.2 Prohibited Content

By submitting any review or user-generated content in connection with Stark Drive, you agree not to post content that:

• Is knowingly false or materially misleading as to a matter of fact;
• Is defamatory, harassing, threatening, obscene, or otherwise unlawful;
• Infringes any intellectual property right of a third party;
• Contains malicious code, viruses, or disruptive files;
• Impersonates any person or entity;
• Constitutes unsolicited commercial advertising or spam;
• Discloses private or personally identifiable information of a third party without consent.

12.3 No Warranty Forfeiture for Honest Reviews

Warranty rights and technical support are not conditioned on the content or absence of any review or feedback you submit. Stark Drive will not revoke, limit, or penalize warranty coverage or customer support as a consequence of any truthful review or complaint.

12.4 Content Moderation

Stark Drive reserves the right to remove user-submitted content from its own website that violates Section 12.2, without prior notice. Removal does not waive any legal rights Stark Drive may have with respect to demonstrably false or defamatory statements under applicable law.

12.5 Pre-Complaint Contact (Courtesy Request)

Before posting a negative review, we encourage you to contact our Customer Support team at hello@starkdrive.com so that we may attempt to resolve your concern. This is a courtesy request only and does not constitute a condition of your right to post a truthful review.

13. Mutual Non-Disparagement

Stark Drive agrees not to publicly defame, libel, or slander any customer, and will direct its officers and directors accordingly. In return, customers agree not to make knowingly false statements of fact about Stark Drive, its products, officers, directors, or employees in any public forum.

This provision applies only to knowingly false statements and does not restrict truthful speech of any kind. Where a party can demonstrate on a balance of probabilities that the other has published a materially false statement of fact causing actual harm, the non-compliant party shall be liable for documented, proven damages arising from that false statement only. No pre-determined or liquidated damages amount is established by this provision; liability is limited to actual, demonstrable loss.

This clause shall be construed in accordance with applicable defamation law and does not override any statutory right to file complaints with consumer protection authorities or regulatory bodies.

14. Force Majeure

Stark Drive shall not be liable for any failure or delay in performance of its obligations arising from causes beyond its reasonable control, including but not limited to strikes, industrial action, accidents, acts of war or terrorism, civil disturbances, nuclear or natural catastrophes, pandemics declared by the World Health Organization, or failures of utilities, communications, or computing infrastructure. Stark Drive will use commercially reasonable efforts to resume performance as promptly as practicable and will notify you of any material delay.

15. Statutory Consumer Rights

This Policy does not limit or exclude any rights you may have under mandatory consumer protection legislation in your country of residence. In particular:

🇪🇺 European Union & EEA Consumers
You retain a statutory 14-day right of withdrawal from the date of delivery under Directive 2011/83/EU (Consumer Rights Directive), regardless of whether the product has been opened. You also retain a minimum 2-year guarantee of conformity from the seller under Directive 2019/771/EU as implemented in your country. Swedish consumers additionally retain rights under the Consumer Sales Act (konsumentköplagen) and the Consumer Contracts Act (konsumentavtalslagen), which cannot be waived by contract.

🇺🇸 United States Consumers
You retain rights under applicable federal and state consumer protection statutes, including the Consumer Review Fairness Act (15 U.S.C. § 45b) and the Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.). This Policy constitutes a LIMITED WARRANTY as defined under the Magnuson-Moss Warranty Act.

Where any term of this Policy conflicts with mandatory applicable law, the applicable law prevails to the extent of the conflict. All remaining terms continue in full force.

16. Governing Law & Dispute Resolution

This Policy shall be governed by and construed in accordance with the laws of the State of New Jersey, USA, without regard to conflict of law principles. Any dispute arising out of or in connection with this Policy that cannot be resolved through good-faith negotiation shall be submitted to the exclusive jurisdiction of the courts of the State of New Jersey, USA, subject to any mandatory consumer protection rules that confer jurisdiction upon courts in your country of habitual residence.

Before initiating legal proceedings, both parties agree to attempt to resolve any dispute through direct negotiation for a period of at least 30 days.

17. Severability

If any provision of this Policy is held by a court of competent jurisdiction to be invalid, unlawful, void, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The validity and enforceability of all remaining provisions shall not be affected.

18. Policy Amendments

Stark Drive reserves the right to amend this Policy at any time. Amendments are effective upon publication at starkdrive.bike/returns-en/. The version of this Policy in effect at the time of your purchase governs your transaction. We recommend retaining a copy of this Policy at the time of purchase for your records.

19. Contact

For all warranty and return enquiries:

• Email: hello@starkdrive.com
• Website: starkdrive.bike/contact/