These General Conditions of Sale (hereinafter the "Conditions") govern the relationship between:
I. Ujet InternationalS.à.r.l., a private limited liability company incorporated in Luxembourg and registered with the Luxembourg Registre de Commerce et des Sociétés (RCS), under number B-211046, having its registered office at 1, rue de la Poudrerie, L-3364 Leudelange, Luxembourg, represented by its Manager, Mr. Ashot Ter Avanesian;
Hereinafter the "Company" or “Ujet”,
On the occasion of all declarations of intent, orders and legal or similar acts submitted and or passed via Ujet’s website(s):
and associated pages.
Related to the reservation and or purchase of an Ujet E-Scooter and its Accessories or Services.
These Conditions are available for consultation or download at: https://ujet.com/page/339/term...
Customer is an individual or a non-professional natural person who places an order on the website(s) or pages mentioned here above.
However, any legal entity, or any natural person who acts in the context of its commercial, industrial, artisanal, self-employed, liberal or agricultural activity cannot place an order on these website(s) or related pages.
In this case, please contact us.
3. Important Reminders
"Ujet E-scooters" are homologated fully electric scooters without transmission, which can be driven at up to 45 km/h, by means of an electric motor in the rear wheel.
Depending on the applicable rules in the Customer’s country, Ujet’s E-Scooters may be driven only with a valid driver’s license, a corresponding registration and number plate with insurance and in compliance with the local traffic regulations
The Customer must be at least 18years old to place an order via the website(s). Ujet does not accept credit purchases for persons under 18. In specific cases, Ujet reserves the right to refuse or amend a Customer’s order (for example if he has provided incorrect personal data and/or has a record of non-payment).
Sales are subject to availability and Ujet disclaims liability for any errors in images or texts on any of the website(s) and related pages, for example an error in a product description or technical specification, incorrect prices and price adjustments (such as changed prices from suppliers or currency fluctuation) or incorrect information about whether a product is in stock. Ujet is entitled to correct any such errors and to change or update information at any time.
All information on the website(s) and related pages, and all their contents, are owned by Ujet or its licensor(s). The information is protected by intellectual property law and marketing law. This means that trademarks, company names, product names, images and graphics, designs, layouts and information about products, services and other content may not be copied or used without Ujet’s written consent.
The following language(s) is (are) available for the conclusion of the contract: English, French, Russian, Italian, Spanish, German. Other languages will be added in future.
5. Contract / Order
The range of goods and services on Ujet’s website(s) is non-binding. With his order, the Customer makes a binding offer to conclude a purchase contract. After sending his order, he will receive an automated confirmation email from Ujet.
Neither this nor any status reports represent any acceptance of this offer.
Ujet can accept and confirm the offer from the Customer within 5 working days after receipt of the order, by means of an express declaration of acceptance. The contract is concluded upon receipt of this order confirmation.
The Customer is encouraged to keep this order confirmation for any contact with Ujet’s customer service department.
The sending of the ordered Ujet’s E-scooter and or accessories and the confirmation of dispatch to the Customer are equivalent to an explicit declaration of acceptance by Ujet; this does not apply if the Customer has chosen prepayment via PayPal or Credit Card as payment method.
6. Configuration - Availability
The condition of the goods ordered by the Customer results from the respective product description in the online shop / webpage(s).
Since the Customer configures his Ujet E-Scooter himself (e.g. choice between two different seats and shapes, battery sizes, 6different colors), its nature depends on the chosen configuration.
For technical reasons, color representations in the online shop, website(s) and related pages within the same color spectrum may differ from the actual color of the goods (e.g. other shades of gold or grey). Such deviations do not constitute a defect of the goods.
If a product is not or temporarily not available despite the prior receipt of a corresponding order, Ujet will inform the Customer in the order confirmation by e-mail. Until the goods concerned are available again, Ujet shall then be released from its obligation to perform and may withdraw from the contract, in the event of permanent non-availability. If Ujet wishes to withdraw, Ujet will immediately exercise the right of withdrawal, accordingly inform the Customer and will refund any payments made in the next five working days.
In the event of a delay in delivery of more than two weeks past the indicative delivery date, the Customer may withdraw from the contract, whereby the statutory right of withdrawal is not affected.
7a. Prices, Shipping & Payment
The prices quoted on Ujet website(s) and related pages at the time of ordering the goods or placing the order for the conclusion of the insurance contract shall apply.
The prices are final prices and include the applicable statutory value added tax (assuming the country of delivery is the same country as the one of the vehicle registration), all other price components and shipping costs.
However, Ujet reserves the right to charge shipping costs if the Customer is not present on the agreed delivery date and have not taken any precautions to secure the agreed delivery (e.g. presence of a representative authorized to accept the goods). The same applies if the delivery fails due to your insufficient delivery and contact information.
The Customer may choose between different payment methods. Ujet offers the following payment methods: credit card, bank transfer, PayPal. Ujet accepts various credit cards (Visa, Master Card, Amex). In the case of credit card purchases, the Customer’s credit card account will be charged as soon as Ujet accepts his order. Credit card transactions via Visa, Amex and Master Card are carried out by PayPal.
7b. Prices, charges and payment
The prices given on the website(s) apply to any placed order. Prices are in Euro (or the Customer’s local currency) and include VAT at the local applicable rate that the customer will have to pay after delivery of the scooter with his local tax authorities.
The delivery costs are included in this price, however the conversion charges if any, are charged separately.
The Customer can pay using the methods given on the website(s).
Ujet is entitled to take payment when the Customer places the order unless invoice payment or another similar payment method has been selected by the Customer and was approved by Ujet. In the event of invoice payment or part payment, Ujet may run a credit check. Ujet reserves the right not to always offer all payment methods or to change payment methods, if the method the Customer has selected, does not work for some reason at the time of purchase. Any limits for payment methods are given on the website(s).
Depending on the country of his residence, in order to be allowed to drive the Ujet E-Scooter, the Customer must have at least a motor liability insurance with the corresponding insurance number and number plate fixed on the E-Scooter.
The Customer has the possibility via our cooperation partner, Vanbreda & Lang SA, 2-4, rue du Château d'Eau, L-3364 Leudelange, Grand Duchy of Luxembourg, approval number CAA - 1999CM008 (hereinafter referred to as "cooperation partner"), to obtain both a motor liability insurance and a comprehensive insurance with insurance number. The insurance premium is specially calculated for the Ujet E-Scooter. To do so, the Customer must give his consent to the transfer of his name and e-mail address to Ujet’s cooperation partner in the course of the order.
For the moment (February 2019) Vanbreda & Lang is able to offer such insurance package for the following countries:
· The Netherlands
In short, this coverage will be extended to other EU countries.
During the delivery process (as soon as the Customer’s E-Scooter has been reserved by Ujet), the Customer will receive an email with a link to the insurance page. A special landing page contains all important information about the insurance conditions. There, the Customer can subscribe his insurance directly via the online form. The insurance policy will then be sent to him by e-mail within five working days. Depending on the country of residence and local regulations, the Customer may receive at the same time the corresponding number plate. In other cases, after having received his insurance certificate, he will have to perform the registration of his E-scooter by his own.
9.Delivery date and time
Products that are in stock are normally delivered in the number of working days given on the website(s). This delivery date is indicative.
Deliveries are made only to the delivery addresses that can be selected in the configurator on the website(s) either at the Customer’s place of residence or at Ujet’s pick up points if any.
The Customer must inform Ujet immediately of any change in the delivery address confirmed at the time of ordering. Changes to the delivery address communicated less than five working days prior to the scheduled delivery date may not be considered.
Deliveries include the services the Customer has chosen, if any.
Ordered goods are shipped either as a parcel (e.g. gloves, helmets), by forwarding agent (scooter including batteries and possibly also helmets) according to their size. The delivery will be made on the date desired by the Customer.
The delivery can also be carried out by our partner in certain markets.
For the purpose of arranging the desired date, the forwarding partner will contact the Customer by telephone or in writing if he is not available.
If the delivery takes place at the Customer’s place of residence, the forwarding delivery takes place up to the curb with exception of the deliveries at our partners’ place.
If the Customer has commissioned the brokerage of an insurance contract, he will receive the insurance policy and any necessary accompanying documents directly from Ujet’s insurance cooperation partner.
Ujet is entitled to withdraw from the contract if the delivery fails three times for reasons for which the Customer is responsible. In case of withdrawal, payments already made by the Customer will be refunded with deduction of transportation costs.
In case of delivery at his place of residence, if packaging and/or goods show obvious transport damage, the Customer should report this immediately to the deliverer and to Ujet in order to enable and facilitate the assertion of his own claims against the deliverer. This message has no effect on his warranty rights.
Ujet is liable according to the guarantee statement that was valid at the time the contract was concluded.
Claims for damages due to breach of duty and from tort as well as claims for reimbursement of futile expenses are excluded against Ujet and his partners. This includes all costs and/or compensation for any other inconvenience caused by inaccuracy or providing an incorrect delivery address and/or contact information.
Ujet is not liable for the fact that the arranged insurance is insufficient for the Customer. In particular, Ujet is not liable for the fact that the Customer has agreed an insufficient coverage amount with the cooperation partner and the occurrence of the insurance obligation has been agreed for all cases that are necessary for him.
Furthermore, Ujet is not liable for the lack of characteristics on the Customer’s part which are legally required for the operation of Ujet E-Scooter (e.g. existence of a valid driving license).
These limitations of liability shall not apply if the damage was caused intentionally or through gross negligence, or in the event of a breach of material contractual obligations, i.e. the performance of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely, and their violation on the other hand endangers the achievement of the purpose of the contract, whereby Ujet is only liable for the contract-typical, foreseeable damage in case of violation of such essential contractual obligations, if this was caused simply negligently, unless it concerns claims for damages of the contract partner from an injury of life, body or health. Furthermore, these limitations of liability shall not apply to damages resulting from injury to life, body or health if Ujet is responsible for the breach of duty. Furthermore, the limitation does not apply to damages which are based on the absence of a warranted characteristic, for which liability is provided for under the product liability regulations or for which the guarantee has been assumed in accordance with Section 11.
Insofar as no essential contractual obligation has been violated, Ujet’s liability is limited to the foreseeable damage typical for this type of contract.
13. Right of cancellation/return
Purchases of products on Ujet’s website(s) are always subject to a 14-day right of cancellation/return under existing European and or national consumer protection legislation. This means that a Customer is entitled to cancel his purchase(s) without any justification, by notifying Ujet of this, within 14 days from when he received / took possession of the product(s) - (cancellation period).
This right of withdrawal does not apply to the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
If the Customer wants to cancel a purchase, he must, before the end of the cancellation period, send a clear message to Ujet via email at email@example.com. In this message, he needs to provide his personal identity number, name, address and other relevant information such as the order number, invoice number, date of receipt of the product(s) and name and or description of the product(s). This document must be signed.
When the Customer exercises his right to cancel, he pays return transportation costs and is liable for the condition of the product(s) after he has received it (them) and during transport. The product must be returned within 14 days of the date on which the message exercising the right to cancel was sent to Ujet. The product must be sent well packaged, in excellent condition and in the original box.
If the Customer needs to change the size of accessories such as gloves or helmets, Ujet pays the transportation costs under its right of exchange. However, this applies only if products are returned in the original packaging. For helmets, the visor protection must still be on the visor. The Customer must therefore keep the original packaging in which the product(s) was (were) delivered. If the cost of return is higher on account of packaging problems, the Customer must pay the additional cost.
During delivery to the Customer, transport is at Ujet’s risk, i.e. Ujet is liable for any damage to the product(s) between Ujet’s warehouse and the Customer’s premises or place of residence. The Customer is liable for this if he returns a product. The Consumer must ensure that he includes enough information when he returns or exchanges a product to facilitate processing by Ujet. He should at least mention name, personal identity number and phone number, and the order number of the return.
When the Customer cancels his purchase, Ujet refunds him the amount he paid for the product, including any delivery costs. From the amount refunded Ujet is entitled to deduct an amount corresponding to the product’s reduction in value from its original value if and to the extent that such reduction in value is because the Customer handled the product to a greater extent than is necessary to establish its features or whether it worked.
Ujet refunds the amount as soon as possible and within 14 working days from the date on which the product is received.
14. Reservation of proprietary rights
The delivered goods remain the property of Ujet until full payment of the purchase price and settlement of all claims arising from the supply contract.
15. Take-back and recycling
The battery and the charger will be taken back via Ujet’s recycling partners. The Customer should contact us to get the address of the nearest collecting point in his country of residence.
If Ujet batteries are not delivered to the Customer in an Ujet E-scooter installed, Ujet charges a deposit of EUR 11,70 including the statutory value added tax for each Ujet battery in addition to the purchase price of this battery. This does not apply if the Customer returns an old battery at the time of purchase. The deposit collected by Ujet will be refunded when the Ujet battery is returned.
16. Force Majeure
Ujet isnot liable for delays caused by circumstances beyond its control such as general labor disputes, war, fire, lightning stroke, terror attack, changes in public authority regulations, technical problems, faults in electrical/telecommunications/data connections or other communications and faults or delays in services from subcontractors on account of such circumstance. These circumstances constitute force majeure that exempts Ujet from damages and other consequences. If any such situation occurs, Ujet will notify the Customer at both the beginning and the end of the situation. If such circumstance lasts for more than two months, both Ujet as the Customer are entitled to cancel the purchase with immediate effect.
17. Data Protection
The contract shall be governed exclusively by the laws of the Grand Duchy of Luxembourg. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
The mandatory consumer protection provisions applicable in the country in which the Consumer has his habitual residence are applicable, provided that they offer him further protection.
The European Commission is providing an online dispute resolution (OS) platform, which the Customer can find at ec.europa.eu/consumers/odr. Ujet is not obliged to participate in dispute resolution proceedings before a consumer arbitration body.
Ujet reserves the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be published on its website(s). Amendments take effect when the Customer has accepted these terms and conditions (in connection with a new purchase or when he visits the website), or 30 days after Ujet has notified the amendments. However, Ujet recommend to check its website(s) regularly to stay aware of any amendments to these terms and conditions.
The Customer declares to have read and accepted unconditionally these Terms and Conditions of Sale. Furthermore, by accepting these terms and conditions, the Customer undertakes to comply with them in their entirety and agrees that he has read the cookies policy and information about personal data and consented to the use of these data.