General Terms and Conditions — Internet Sales to final Consumers
Article 1: Field of Application
These General Terms and Conditions of Sale govern only the contractual relationship between you, in your quality of final consumer, and UJET INTERNATIONAL S.à.r.l. They do not apply to contractual relationships with any distributors or any other professional partners from UJET INTERNATIONAL S.à.r.l, such as resellers, insurance and or leasing companies or service providers.
They precisely determine the rights and obligations of the parties in connection with the online sale of the Products offered by UJET INTERNATIONAL S.à.r.l.
They apply to all sales of Products made through the Website and are an integral part of the contract between you and UJET INTERNATIONAL S.à.r.l.
UJET INTERNATIONAL S.à.r.l reserves the right to modify the present at any time by the publication of a new version on its Website. The applicable GTCS will be those in effect on the date of payment (or the first payment in case of multiple payments) of the order.
These GTCS are available at ujet.com/terms-and-conditions.html
UJET INTERNATIONAL S.à.r.l also ensures that their acceptance is clear and unqualified by setting up a checkbox and a validation click at the time of the order.
Article 2: Definitions
"Consumer": "Consumer", by the applicable law of the Grand Duchy of Luxembourg, means a natural person who acts for purposes that are not within the scope of his commercial, industrial, artisanal, liberal or agricultural activity. For the purposes of these presents, the consumer must also have the legal capacity to accept these general terms and conditions of sale.
"Electric scooter": electric driven foldable scooter, with an electric motor on the rear wheel and detachable and movable battery, capable of a top speed of 45 km/h and which can therefore be driven with a car driver license.
“Accessories”: mean all kind of accessories that will become available later on, such as gloves, helmets, quick charger, batteries, protection sleeves etc…
“Spare parts”: mean all genuine parts and components listed on UJET INTERNATIONAL’s Bill of Material and that may be subject to repair or replacement.
Article 3: Insurance and registration
Your electric scooter has been homologated at the European level; this homologation covers the following countries: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.
Before ordering and purchasing your electric scooter, it is your own and sole responsibility to find out what your obligations are in terms driving license, vehicle and driver liability insurance and registration.
UJET INTERNATIONAL cannot be held responsible for any legal infringements regarding these obligations.
Depending on your country of residence, you may subscribe a specific insurance package, customized for the use of your electric scooter from one of our dedicated partner. The insurance premium is calculated specially for your electric scooter. To do this, you must, at the time of the order, give your consent to the transmission of your name and your e-mail address to our cooperation partner.
Article 4: Agreement conclusion
Before ordering on the Website, you may configure your electric scooter.
After this customization, by ordering on the Website, you make a firm offer to purchase.
After submission of your offer, you will receive an automated confirmation email from UJET INTERNATIONAL S.à.r.l, reflecting the customized electric scooter and or the selected products and their price. This confirmation will also precise the payment conditions.
This does not represent a confirmation of status or an acceptance of the offer.
UJET INTERNATIONAL S.à.r.l, has 5 days from receipt of your payment to acknowledge its receipt and accept your offer expressly, by personalized mail.
The contract shall be deemed to have been concluded upon receipt by you, of this express acceptance by UJET INTERNATIONAL S.à.r.l.
Article 5: Price and delivery costs
The prices indicated on UJET INTERNATIONAL’s Website (ujet.com) at the time of the order of the Products are authentic and not subject to change after the receipt of your purchase offer.
Prices are firm and definitive and include VAT at the current rate, all other components of the price and postage.
Nevertheless, UJET INTERNATIONAL S.à.r.l reserves the right to charge additional shipping charges if you are absent on the agreed delivery date and you have not made any arrangements to allow for delivery as agreed (e.g., presence of a Representative authorized to receive your electric scooter). The same applies if the delivery fails, due to insufficient delivery and contact details, or alternatively, if you do not take delivery at the place and date fixed.
Article 6: Accepted payments
For the reservation or the purchase of your electric scooter, you may choose between several payment methods.
UJET INTERNATIONAL S.à.r.l accepts payments by credit cards as well as immediate PayPal transfer.
Unless expressly provided otherwise, the purchase price is due immediately upon receipt of the invoice attached to the automated confirmation Email (C.f. clause 4 here above).
Different credit cards may be used for payment (Visa, Master Card and American Express). In case of purchase by credit card, your account is debited as soon as we accept the order. For Visa, Master Card and American Express, the debit will be operated by ADYEN B.V., Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam, the Netherlands.
Article 7: Delivery
Deliveries are only made to the delivery addresses within the countries of residence what can be selected in our e-shop, or at the addresses of our local partners or show rooms/shops, depending on the considered market.
You have to inform us without delay, in case of a modification of the chosen delivery address, as confirmed at the time of the purchase offer (C.f. Clause 4 here above). Changes to the delivery address, which are communicated less than seven days before the planned delivery date, may not be considered.
Deliveries include the services selected by you.
Ordered goods are shipped according to their size, either as a package (for example, helmets) or by forwarding (electric scooter including batteries as well as possibly helmets). Delivery by forwarding is at your desired date. For the purpose of the agreement of the desired date, the freight forwarder will contact you either by telephone or by SMS, in case of non-availability.
If you have instructed our insurance partner to arrange an insurance contract, you will receive the insurance certificate and accompanying documents directly from him.
If not provided otherwise, forwarding is carried out to the curb.
With the aim of preserving the environment, UJET INTERNATIONAL S.à.r.l withdraws the sales packaging. In order to meet this objective, the carrier retrieves the packaging used for transportation for recycling.
UJET INTERNATIONAL S.à.r.l shall be entitled to withdraw from the contract, if the delivery fails three times for reasons which you are responsible for. In case of such a withdrawal, payments already made by you will be reimbursed with deduction of an administrative lump fee of 250,00 Euros.
If packaging and / or goods have obviously suffered damage during transport, you should immediately report this to the delivery company and to UJET INTERNATIONAL S.à.r.l, in order to facilitate an assertion of her claims against the deliverer. This report does not affect your warranty rights (C.f. clause 11 here below).
Article 9: Delivery Time
UJET INTERNATIONAL S.à.r.l commits herself to indicate a reasonable time limit for entry into possession of the Products.
The delivery time runs from the issuance date of our express acceptance (C.f. Clause 4 here above), whereby a prior payment is assumed (except for the purchase of accessories and prepayment cases).
Depending on the factory availability of the Products and the selected configuration, the expected delivery date is displayed directly in the order confirmation email.
If, in spite of the prior conclusion of a purchase agreement, the Products become unavailable, UJET INTERNATIONAL S.à.r.l. will inform you at regular intervals by e-mail, about the availability status of the said Product.
You may request the termination of the contract if in a reasonable delay of two months after the initially scheduled time and the sending of a notice setting this additional period, the Products are still not delivered.
Then the Contract will be terminated upon receipt of the registered letter by UJET INTERNATIONAL S.à.r.l, unless the delivery has taken place in the meantime.
UJET INTERNATIONAL S.à.r.l shall have the right to initiate termination.
In the event of termination for failure to deliver as defined above, UJET INTERNATIONAL S.à.r.l shall refund to the consumer all the sums paid, no later than 14 days following the termination date of the contract. UJET INTERNATIONAL liability is limited to the reimbursement of the sums paid. You will not be entitled to any damages due to the delay or lack of delivery of the Products.
If this the refund is not made within 30 days, the amount to be refunded is increased by the legal interest rate.
This does not apply in cases of force majeure, in which the delivery time is extended accordingly. Force majeure may include facts of war, terrorism, strikes, lockouts, governmental interventions, shortage of energy and raw materials, transport bottlenecks, operational impairments such as fire, flooding, machine damage and lightning strikes, tornados and all other disabilities that could not have been foreseen or have caused by UJET INTERNATIONAL S.a.r.l. or her subcontractors.
UJET INTERNATIONAL S.a.r.l. will promptly notify you of the beginning and termination of such delivery difficulties.
Article 10: Right to Withdraw
Consumers have a legal right of withdrawal, in respect of which UJET INTERNATIONAL S.à.r.l provides the following information:
Information on the right of withdrawal: as a consumer you are entitled to terminate this contract without justification within fourteen calendar days.
The withdrawal period of fourteen calendar days runs from the date you or a third party designated by you, except the carrier, took possession of the Product.
To exercise your right of withdrawal, please contact us to inform UJET INTERNATIONAL S.à.r.l by means of an explicit declaration (for example, by post, fax or e-mail) of your decision to terminate this contract. To do so, you may use also the enclosed form (this is a non-mandatory template).
In order for the withdrawal period to be respected, you only have to send the notice of cancellation before the end of the withdrawal period.
You have no right of withdrawal for Sealed Products or for products which are not suitable for return for sanitary or hygienic reasons, if they have been unsealed after delivery.
Furthermore, notwithstanding your right to withdraw, you must not forget that you are till the end of the withdrawal period, the guardian of the goods and as such responsible for any depreciation. You should therefore handle and inspect the Product in the same way as it is permitted in a store (for example, to try a garment for a short time and not to wear it for a longer period of time or to drive the electric scooter for not more than a reasonable distance to test it).
If you terminate this agreement, we are required to refund all payments received from you, including postage (except for the additional costs due to your choice of delivery method other than our standard delivery Less expensive), without delay and at the latest within fourteen days from the date of receipt of your notice of cancellation of this contract.
For this refund, UJET INTERNATIONAL S.à.r.l will use the same payment method you used for the original transaction, unless we have agreed differently with you. No compensation will be charged to you for this reimbursement. In the event of termination, UJET INTERNATIONAL S.à.r.l organizes for you the return transport of the Products and bears the cost thereof.
As written here above, you will only have to assume any loss of value of the Products, if this loss of value is due to a use that you made of it which was not necessary to the control of the properties, the characteristics and the good functioning of the Products.
If you finance this contract with a loan and you terminate the sale within 14 days thereafter, you are no longer bound by the loan agreement to the extent that the two contracts are interdependent. This condition is especially met if we are at the same time the lender or if the lender needs our assistance for financing. If the loan has already been allocated to us when the withdrawal takes effect, your lender will assume our rights and obligations under the contract financed with respect to the legal consequences of the revocation.
To cancel the contract, please contact our customer support.
Article 11: Warranty
The characteristics and the qualities of the Products you order are indicated in the description of the corresponding product on the Website. They may be different from one electric scooter to another depending on your personal wishes and customization.
For technical reasons, the colors shown on the Website shop may differ from the actual color while remaining in the same color range (for example, shading of another shade of black or blue). These differences do not constitute a defect in the Product.
UJET INTERNATIONAL S.à.r.l is not responsible for the Products except in the context of the commercial guarantee of 24 months in force at the time of conclusion of the contract. However, the commercial warranty does not deprive the consumer of the legal guarantee of conformity, the guarantee for hidden defects or the liability of the manufacturer for the defective products.
Article 12: Disclaimer
Any claim for damages for failure from UJET INTERNATIONAL S.à.r.l or any of its partners, suppliers or subcontractors, to comply with a non-essential obligation is excluded. This includes all costs and / or compensation for other inconveniences due to inaccuracy or the indication of a wrong delivery address and / or contact information.
UJET INTERNATIONAL S.à.r.l insurance partners are required to provide you with clear and detailed information on the terms and conditions of the insurance, including the scope of coverage and applicable exemptions and exclusions. You are nonetheless required to verify the adequacy of the insurance policy for your own needs and UJET INTERNATIONAL S.à.r.l cannot be held responsible for the absence of coverage for any claims that are not explicitly listed in the list of claims covered by the insurance, or the amounts of applicable deductibles.
Furthermore, UJET INTERNATIONAL S.à.r.l cannot be held liable if you have lied about your legally indispensable qualities for using the electric scooter (for example, holding a driver's license).
These limitations of liability do not apply in case of gross negligence or in case of non-fulfillment of an essential contractual or legal obligation, and in particular the obligation of security. This is a contractual or legal obligation whose compliance is indispensable to the proper performance of the contract, on which the customer must be able to count regularly and whose non-compliance by the other party jeopardizes the realization of the object of the contract.
Article 13: Liability
The information and data presented in this website are for general information purposes only. The information is provided by UJET INTERNATIONAL and or its affiliates and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related pictures and graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. UJET INTERNATIONAL and or its affiliates will not be liable for any false, inaccurate, inappropriate or incomplete information presented on the website.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website or for any loss or damage suffered as a result of the inability to use or access this website whatsoever.
Through this website you are able to link to other websites which are not under the control of UJET INTERNATIONAL or its affiliates. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
We browse our community of bloggers but be aware that the opinions expressed by the bloggers and those providing comments are theirs alone, and do not reflect the opinions of UJET INTERNATIONAL and or its affiliates. UJET INTERNATIONAL is not responsible for the accuracy of any of the information supplied by bloggers or in relation to any comments that are posted. You should bear in mind that circumstances change and that information that may have been accurate at the time of posting will not necessarily remain so.
UJET INTERNATIONAL will not tolerate defamatory or libelous material, obscene content and abusive or intimidating comments. Comments on this website may be monitored and any material removed from the website at UJET INTERNATIONAL’s sole discretion, without warning and without prejudice to any other accrued rights.
Every effort is made to keep the website up and running smoothly. However, UJET INTERNATIONAL takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
UJET INTERNATIONAL takes all precautions to detect computer viruses and other malwares and ensure security. Nevertheless, we cannot guarantee that the website is virus-free and completely secure. UJET INTERNATIONAL shall not be liable for any loss or damage which may occur as a result of any virus or breach of security.
Article 14: Intellectual Property
The present Website, the information displayed on the screen or broadcasted to you, including underlying technology, are already or will be protected under copyright, trademarks or patents. Trademarks, logos and models belong solely and exclusively to UJET INTERNATIONAL or its affiliates. Their disclosure does not amount to a license granted by UJET INTERNATIONAL or a right to use any of the patents, trademarks or distinctive features protected under a copyright. Their unauthorized use constitute counterfeits. Thus, it is strictly forbidden to copy, reproduce, download, post, transfer or distribute any document which comes from the Site, in any ways.
However, UJET INTERNATIONAL and its affiliates allow to download a copy of these documents on a computer for a strictly personal and non-commercial use. The User must refrain from any changes to the information and keep the copyrights and other proprietary notices intact. The modification or the misuse of these documents amounts to a breach of the Intellectual Property rights of UJET INTERNATIONAL.
UJET INTERNATIONAL keeps the right to control all external links to UJET INTERNATIONAL’s Website, and any link must be removed on simple request of UJET INTERNATIONAL.
Article 15: Battery Recycling
All used or damaged batteries are taken back from our authorized partners. You can therefore return the battery contained in your electric scooter after dismounting the saddle, to the closest recovery point near your residence. If there is no such recovery point nearby, please contact us.
For this recycling operation, UJET INTERNATIONAL S.à.r.l may charge you a handling fee.
Article 16: Data protection
Article 17: Miscellaneous
If any of the provisions of these GTCS becomes or is held invalid or unenforceable:
a) all other provisions hereof shall remain in full force and effect; and
b) the invalid provision or unenforceable provision shall be deemed to be automatically amended and replaced by a valid or enforceable provision which economically accomplishes as far as possible the purpose and the intent of the invalid and unenforceable provision. The same rules apply to unintended omissions (if any).
The contents of these GTCS, their meaning and interpretation and the relationship of the Parties are to be governed solely by the laws of the Grand Duchy of Luxemburg.
Any dispute, controversy or claim which may arise out of or in connection with this Agreement, or the execution, breach, termination or invalidity thereof, shall be resolved exclusively by the Courts of the residence of the Consumer.
These GTCS and the contract based there on are written in English, language well known and understood by the parties.