Terms of service

1. Overview

Welcome to Dirt Bike Mall ("Dirt Bike Mall," "DBM," "we," "us," or "our"). Dirt Bike Mall is operated by Potenergy Limited. We operate this website and online store, including the information, content, features, tools, products, and related services made available through it (collectively, the "Services"). Our online store is powered by Shopify.

These Terms of Service (the "Terms"), together with our Privacy Policy, Return & Refund Policy, Shipping Policy, Warranty Policy, and any other policies referenced on the website, govern your access to and use of the Services and your purchase of products from us.

Please read these Terms carefully. By accessing the Services, creating an account, or placing an order, you agree to these Terms. If you do not agree, do not use the Services.

Nothing in these Terms excludes or limits any consumer right that cannot lawfully be excluded or limited.

2. Eligibility and Accounts

You must be at least the age of majority in your place of residence to create an account or purchase a product from us. If a product will be used by a minor, the purchaser or supervising adult is responsible for determining whether the product is age-, size-, and skill-appropriate and for providing continuous adult supervision where required.

You agree to provide accurate, current, and complete account, billing, payment, and delivery information. You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account. Notify us promptly if you suspect unauthorized use.

We may refuse service, suspend an account, or cancel an order where reasonably necessary to prevent fraud, misuse, unlawful activity, or a violation of these Terms.

3. Product Information

We make reasonable efforts to present product descriptions, photographs, specifications, compatibility information, and pricing accurately. However:

Colors and appearance may vary because of lighting, photography, production batches, and device display settings;
Minor design, component, packaging, or specification changes may occur when they do not materially reduce the product's intended function or value;
Dimensions and weights may be approximate; and
Availability may change without notice.

Unless expressly stated otherwise, speed, range, charging time, motor output, climbing ability, and similar performance figures are estimates based on particular test conditions. Actual results may vary depending on rider weight, payload, terrain, gradient, temperature, tire pressure, battery condition, riding mode, speed, maintenance, weather, and other factors. Performance figures are not guarantees of results in every condition.

If a material product description or pricing error is discovered after you place an order, we may contact you for instructions or cancel the affected order and issue a full refund.

4. Vehicle Classification and Local Laws

Some products sold by Dirt Bike Mall are high-powered electric dirt bikes, off-road vehicles, or electric motorcycles. They may not qualify as ordinary electric bicycles and may not be legal for use on public roads, bicycle lanes, sidewalks, parks, trails, or other public property in your location.

Unless a product page expressly states that a specific model is certified or approved for public-road use in your jurisdiction, you should treat it as intended for use on private property or other legally authorized off-road areas only.

Before purchasing or operating a product, you are responsible for checking all applicable laws and rules, including those relating to:

Minimum rider age;
Speed and power limits;
Registration, title, licensing, and insurance;
Required safety equipment;
Road, trail, park, and land-use restrictions; and
Transportation and storage of lithium batteries.

Local rules can change and may differ between states, provinces, cities, and countries. Information on our website is general product information and is not legal advice. Dirt Bike Mall does not guarantee that a product is legal for a particular rider, location, or intended use unless we expressly state so in writing.

5. Safety, Assembly, and Rider Responsibility

Electric dirt bikes and similar powered vehicles can cause serious injury, death, or property damage if used incorrectly. By purchasing or using a product, you acknowledge the inherent risks associated with powered riding.

You agree to:

Read and follow the owner's manual, safety labels, assembly instructions, and maintenance schedule;
Have the product assembled and inspected by a qualified technician if you are not competent to perform the work safely;
Complete a pre-ride inspection, including brakes, tires, wheels, controls, fasteners, drivetrain, battery mounting, and steering;
Wear an approved helmet and appropriate protective equipment;
Ride within your ability and according to conditions;
Observe product weight, age, passenger, and operating limits;
Keep the product away from water exposure beyond the rating stated for that model; and
Stop using the product immediately if it is damaged, behaves abnormally, or presents a possible safety risk.

Do not operate a product while impaired, use it for unauthorized racing or stunts, carry a passenger unless the product is designed for one, or modify safety-critical components. Damage caused by improper assembly, misuse, collision, overloading, unauthorized modification, or failure to follow instructions may not be covered by a voluntary warranty, although mandatory legal rights remain unaffected.

6. Lithium-Ion Battery Safety

Many DBM products contain high-capacity lithium-ion batteries. To reduce the risk of fire, electric shock, injury, and property damage:

Use only the charger supplied with or specifically approved for the product;
Follow the charging and storage instructions in the manual;
Charge in a dry, ventilated area away from combustible materials;
Do not charge while sleeping or leave charging unattended;
Disconnect the charger after charging is complete;
Do not open, crush, puncture, modify, submerge, or expose a battery to excessive heat;
Do not use or charge a battery that is swollen, leaking, unusually hot, damaged, or has been involved in a significant impact; and
Follow local hazardous-material and recycling rules when transporting or disposing of a battery.

Contact us before returning or shipping any battery. Lithium batteries must not be shipped through an unauthorized method or carrier.

7. Orders and Contract Formation

Submitting an order is an offer to purchase. An automated order confirmation acknowledges receipt but does not necessarily mean we have accepted the order. The sales contract is formed when we confirm acceptance or dispatch the product, depending on the law that applies to the transaction.

We may decline or cancel an order for legitimate reasons, including suspected fraud, payment failure, inventory unavailability, shipping restrictions, pricing or listing errors, unusually high quantities, or suspected unauthorized resale or export. If we cancel an order after payment has been collected, we will refund the applicable amount to the original payment method.

Please review the model, color, quantity, voltage, accessories, delivery address, and contact information before submitting your order. Cancellation requests are handled according to our Return & Refund Policy and may not be possible once processing or shipment has begun.

Products are sold for lawful personal use unless we agree otherwise in writing. You may not purchase products for unlawful export, unauthorized resale, or circumvention of trade restrictions.

8. Prices, Taxes, and Payment

Prices, discounts, and promotions may change without notice. The price applicable to your purchase is the price displayed when you submit the order, subject to correction of obvious errors.

Unless expressly stated otherwise, product prices do not include shipping, taxes, customs duties, import fees, registration costs, or other government charges. Applicable charges will be shown during checkout where reasonably possible. You are responsible for import duties, taxes, and clearance charges imposed by the destination country unless checkout expressly states that they are included.

You authorize us and our payment providers to charge the payment method you select. You represent that you are authorized to use that method and that the information supplied is accurate.

Installment, financing, or buy-now-pay-later services are provided by independent payment providers. Their approval decisions, repayment terms, fees, and account services are governed by their separate agreements. A product return does not cancel payment obligations until the payment provider processes the approved refund.

Promotional codes cannot be combined unless expressly permitted. Promotion-specific terms control if they conflict with these Terms.

9. Shipping and Delivery

Delivery dates are estimates unless we expressly guarantee a date in writing. Delivery may be affected by inventory, freight scheduling, weather, customs, carrier operations, remote-area access, and events outside our reasonable control.

If we cannot ship within the time stated at checkout or in your order confirmation, we will provide any delay notice, cancellation option, or refund required by applicable law.

Large products may be delivered by freight carrier and may require an appointment, telephone availability, signature, curbside receipt, or assistance moving the package. Unless expressly included, freight delivery does not include indoor placement, unpacking, assembly, or disposal of packaging.

You are responsible for providing an accurate, accessible delivery address and responding to carrier scheduling requests. Additional costs caused by an incorrect address, refused delivery, missed appointment, unavailable recipient, or restricted site access may be charged where permitted by law and where the issue was not caused by us or the carrier.

Inspect the carton and product promptly on delivery. Record visible damage on the delivery receipt where possible, take photographs or video, retain all packaging, and contact info@dirtbikemall.com promptly. Reporting visible freight damage within 48 hours helps us pursue a carrier claim, but it does not reduce rights that cannot legally be limited.

Risk of loss passes to you when the product is delivered to you or a person you designate, except where applicable law provides otherwise. If you independently select a carrier that we did not offer, different risk-transfer rules may apply.

Additional shipping terms are stated in our Shipping Policy.

10. Returns, Cancellations, and Refunds

Returns, order cancellations, exchanges, and refunds are governed by our Return & Refund Policy, which forms part of these Terms.

Do not return a vehicle, battery, or other product without prior authorization. Depending on the reason for return, product condition, destination, and applicable law, the customer may be responsible for return freight and permitted deductions for damage, missing components, or loss in value.

Nothing in our Return & Refund Policy limits statutory rights relating to defective, damaged, incorrectly supplied, or non-conforming products.

11. Warranty and Service

Warranty coverage may vary by product, component, manufacturer, and destination. Any voluntary warranty offered with a product is described in the applicable product documentation or our Warranty Policy.

Warranty service may require proof of purchase, the product serial number, diagnostic information, photographs or videos, reasonable troubleshooting, and return of an affected component. Do not arrange repairs or replace electrical components without authorization if you intend to request reimbursement or voluntary warranty coverage.

Consumable and wear items naturally deteriorate through use. Normal wear is not a manufacturing defect. Examples may include tires, tubes, brake pads, chains, sprockets, grips, bearings, and cosmetic finishes.

Voluntary warranty exclusions do not remove any mandatory legal guarantee or remedy available under applicable consumer law.

12. Website Use and Prohibited Conduct

You may use the Services only for lawful, personal, and non-commercial purposes. You must not:

Violate any law or the rights of another person;
Provide false, fraudulent, or misleading information;
Interfere with the security, availability, or operation of the Services;
Upload malware or malicious code;
Attempt unauthorized access to accounts, systems, or data;
Scrape, harvest, copy, or exploit website content at scale without permission;
Impersonate another person or misrepresent your identity;
Use the Services to send spam or abusive content; or
Circumvent purchase limits, security controls, or fraud-prevention measures.

We may restrict or terminate access where we reasonably believe a violation has occurred.

13. Intellectual Property

The Services and their content, including our text, graphics, photographs, videos, layouts, logos, trademarks, product-selection materials, and original website design, are owned by or licensed to Dirt Bike Mall and are protected by applicable intellectual-property laws.

We grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Services for lawful personal shopping. No content may be reproduced, modified, distributed, sold, publicly displayed, republished, or commercially exploited without prior written permission, except where law permits otherwise.

Third-party brand names and trademarks belong to their respective owners. Their appearance does not transfer ownership or grant a license.

14. Reviews, Photos, and Feedback

If you submit a review, photograph, video, suggestion, or other content ("User Content"), you represent that it is truthful, lawful, based on your genuine experience where applicable, and that you have the right to submit it. You must disclose any discount, free product, payment, or other incentive connected with a review.

You retain ownership of your User Content but grant Dirt Bike Mall a worldwide, non-exclusive, royalty-free license to host, reproduce, format, translate, publish, and display it for operating, improving, and promoting the Services. This license ends where required by applicable law, but does not require us to recall materials already lawfully produced.

We may moderate or remove User Content that is unlawful, misleading, abusive, infringing, contains personal information, or violates these Terms. We are not required to publish or retain every submission.

15. Third-Party Services and Links

The Services may include links, applications, payment services, financing services, analytics, reviews, or other features provided by third parties. Their services are governed by their own terms and privacy policies. We are not responsible for third-party content or services that we do not control, except to the extent responsibility cannot lawfully be excluded.

16. Shopify

Dirt Bike Mall is powered by Shopify, which provides the commerce platform used to make the Services available. Purchases made through our store are transactions between you and Dirt Bike Mall, not Shopify. Shopify is not the seller of our products and is not responsible for product fulfillment, support, warranty service, or returns.

Your use of Shopify-powered features may also involve processing described in Shopify's applicable privacy notices.

17. Privacy

Our collection and use of personal information are described in our Privacy Policy. Because our store is hosted by Shopify and uses other service providers, information may be processed in countries other than your own, subject to applicable data-protection requirements.

By using the Services, you acknowledge that you have reviewed our Privacy Policy. Shopify's privacy information is available at Shopify Privacy for Customers.

18. Errors and Service Availability

We may correct typographical errors, inaccuracies, or omissions and update product, pricing, availability, promotion, shipping, or transit information. If a correction materially affects an order already placed, we will provide any notice, choice, cancellation, or refund required by law.

We do not guarantee that website access will always be uninterrupted, secure, or error-free. We may modify, suspend, or discontinue website features for maintenance, security, legal, or operational reasons.

19. Disclaimers

To the fullest extent permitted by law, the website and its general informational content are provided on an "as available" basis. We do not guarantee that all general website content will always be complete, current, or error-free.

Products remain subject to any express warranty, statutory warranty, legal guarantee, product-liability rule, or other right that applies to the transaction. Nothing in these Terms disclaims liability or remedies that cannot lawfully be disclaimed.

20. Limitation of Liability

To the fullest extent permitted by law, Dirt Bike Mall and its directors, officers, employees, affiliates, service providers, and licensors will not be liable for indirect, incidental, special, exemplary, punitive, or consequential losses arising from use of the Services, including lost profits, lost business, or lost data, where such losses were not reasonably foreseeable or were not directly caused by our breach.

These limitations do not apply to liability that cannot legally be limited or excluded, including where applicable liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, gross negligence or willful misconduct, breach of mandatory consumer rights, or defective products under applicable law.

To the extent a lawful liability cap is permitted for a claim relating only to website use or a particular purchase, our aggregate liability will not exceed the amount paid for the product giving rise to the claim. This cap does not apply where prohibited by law.

21. Indemnification

To the extent permitted by law, you agree to indemnify Dirt Bike Mall against third-party claims, losses, and reasonable costs directly resulting from your unlawful commercial use of the Services, intentional infringement of another person's rights, fraudulent conduct, or unauthorized resale or export. This section does not require a consumer to indemnify us for our own negligence, breach, or unlawful conduct.

22. Events Outside Reasonable Control

We are not responsible for delay or failure caused by events outside our reasonable control, such as natural disasters, severe weather, fire, epidemic, labor disruption, war, civil unrest, government action, carrier interruption, customs delay, power failure, or telecommunications disruption. We will take reasonable steps to reduce the effect of the event and will provide cancellation or refund rights required by applicable law.

23. Suspension and Termination

You may stop using the Services at any time. We may suspend or terminate access if you materially violate these Terms, create a security or fraud risk, or use the Services unlawfully.

Termination does not affect rights or obligations that arose before termination. Provisions that by their nature should continue—including intellectual property, payment obligations, disclaimers, limitations of liability, and dispute provisions—will survive.

24. Governing Law and Disputes

These Terms and transactions with Dirt Bike Mall are governed by the laws of the Hong Kong Special Administrative Region, without regard to conflict-of-law principles, except that consumers retain the benefit of any mandatory protections provided by the law of their country or state of residence.

Before starting formal proceedings, you are encouraged to contact us at info@dirtbikemall.com with your order number and a description of the issue so that we can try to resolve it promptly. This informal process does not prevent you from contacting a regulator, payment provider, consumer-protection body, or court, and does not shorten any legal filing deadline.

Subject to mandatory consumer-law rights, the courts of Hong Kong will have non-exclusive jurisdiction over disputes arising from these Terms.

25. Changes to These Terms

We may update these Terms to reflect changes in the Services, business practices, products, technology, or law. The current version and effective date will be posted on this page.

Material changes will apply prospectively unless law permits otherwise. A purchase is generally governed by the version in effect when the order was placed. Continued use of the Services after an updated version takes effect constitutes acceptance of the updated Terms for future use.

26. General Terms

If any provision is found unlawful or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will continue in effect.

Our failure to enforce a provision is not a waiver. You may not assign your rights or obligations under these Terms without our consent. We may assign these Terms as part of a merger, reorganization, sale of assets, or transfer of the business, subject to applicable law.

These Terms and the policies incorporated by reference form the entire agreement concerning the Services and purchases, except for any additional written terms that expressly apply to a product, promotion, or service.

Headings are for convenience only and do not affect interpretation.