Conditions

Status: 10.1.2023

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of

VAMOBILITY GmbH

Cothmannstrasse 5-7, 1120 Vienna

Email: office@etwow.shop

Phone: +43 676 7024974

apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "customer") concludes with the seller regarding the latter's goods and services. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

A consumer is any natural person who conducts a transaction that is not part of his or her business. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. Public limited companies, limited liability companies, commercial and economic cooperatives, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Cooperatives (SCE) are entrepreneurs by virtue of their legal form.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After configuring the selected goods or services and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods or services contained in the shopping cart by clicking the button that completes the ordering process. The customer can also submit the order by email or telephone. After receiving his order, the customer will receive a separate, automated confirmation of receipt of his order(s). Such a confirmation does not constitute acceptance of the offer.

2.3 The Seller may accept the Customer’s offer within three working days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
  • by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the third working day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

If the customer selects a payment method during the online ordering process by clicking the button that completes the ordering process and at the same time issues a payment order to his payment service provider to transfer the money directly to the seller's account, the seller declares, in deviation from section 2.3, that he has accepted the customer's offer at the time the money is received in the seller's account.

2.4 When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail) after the order has been sent.

If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the relevant login data.

2.5 The German language is available for the conclusion of the contract.

2.6 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

2.7 If self-collection has been agreed, the customer will be informed by the seller that the goods ordered by him are ready for collection. After receiving this email, the customer can collect the goods from the seller's headquarters or from an agreed location after consultation with the seller. In this case, no shipping costs will be incurred.

3) Right of withdrawal

3.1 Consumers residing in the EU generally have a right of withdrawal when concluding a distance contract.

A distance contract is a contract between the seller and a consumer which is concluded without the simultaneous physical presence of the seller and the consumer, whereby only distance communication means (fax, internet, telephone) are used up to and including the conclusion of the contract.


4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product and service description, the prices quoted are total prices that include statutory sales tax but not any shipping costs. Any shipping costs incurred will be calculated by entering the recipient's address in the ordering process.

4.2 The seller offers credit card payment (incl. Maestro), Paypal, Apple Pay, Google Pay, eps transfer, Shop Pay, Klarna invoice and Klarna Sofort as payment methods in the online shop.

5) Retention of title/rights

5.1 The Seller reserves title to the goods provided to its customers, whether consumers or entrepreneurs, until the purchase price owed has been paid in full.

5.2 All rights, such as copyright and ancillary copyrights to the goods, are not transferred to the customer upon sale.

6) Delivery and shipping conditions

6.1 Our offers are open to all customers in Austria.

6.2 Goods will be delivered by post to the delivery address provided by the customer.

6.3  If the customer is acting as an entrepreneur, the risk of loss or damage to the goods sold passes to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the other person or company designated to carry out the shipment. If the customer is acting as a consumer, the risk only passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. However, if the consumer has concluded the transport contract himself without using a selection option suggested by the entrepreneur, the risk passes as soon as the goods are handed over to the carrier.

6.4 If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect recipient or other circumstances that make delivery impossible, these must be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies if the customer was temporarily prevented from accepting the service, provided that the seller had given him adequate advance notice of the service, unless the customer, as a consumer, legitimately declares his withdrawal.

6.5 If a delivery delay occurs due to force majeure (e.g. pandemic, strike, storm, disaster, war, etc.), the delivery period shall be extended by the duration of the delay caused by this. Any resulting claims for damages are excluded. For customers who are entrepreneurs, this also applies if the delivery delay occurs for other reasons attributable to the suppliers. The customer's statutory right to withdraw by setting a reasonable grace period remains unaffected in any case.

6.6 The customer shall bear the costs of returning the purchased goods to the seller. Right of withdrawal .



7) Warranty/Liability

7.1 The statutory warranty provisions apply.

The seller is liable for ensuring that the goods have the objectively required properties in addition to those contractually agreed upon. This does not apply if the consumer expressly and separately agrees to the deviation of a certain characteristic from the objectively required properties when concluding the contract, which he does by placing his order after he has been specifically informed of this deviation in the product description.

If the customer acts as an entrepreneur, the following also applies:

  • In principle, an insignificant defect does not give rise to any warranty claims,
  • The seller has the choice of the method of remedying the defect
  • The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
  • If the customer acts as an entrepreneur within the meaning of the Austrian Commercial Code (UGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the Austrian Commercial Code (UGB). If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.

The seller's liability is excluded for minor negligence, unless personal injury is involved. These liability regulations also apply with regard to the seller's liability for his vicarious agents and legal representatives.

WARRANTY CONDITIONS

 

Important:

  1. The buyer is obliged to use the product according to the instructions in the user manual. User manual/instruction manual can be found on our website under Product Manuals.

THE PRODUCT MUST ONLY BE USED AFTER CAREFULLY READ AND UNDERSTAND THE INSTRUCTIONS IN THE OPERATING MANUAL!

  1. The buyer is obliged to keep the warranty certificate. This is the only document that certifies the guarantee and must be presented together with the payment receipt/invoice in the event of a defect.
  2. THE WARRANTY PERIOD IS 1 YEAR FOR THE MOTOR OF THE E-TWOW ELECTRIC KICK SCOOTER, 1 YEAR FOR ALL OTHER COMPONENTS OF THE E-TWOW SCOOTER AND 1 YEAR FOR THE BATTERY, BUT NOT MORE THAN 4000 KM FROM THE DATE OF ISSUE OF THE WARRANTY CERTIFICATE / INVOICE DATE, AND ONLY COVERS FAULTS IN THE BATTERY, MOTOR, CHASSIS, CONTROL UNIT THAT AFFECTS THE TECHNICAL CONFORMITY OF THE PRODUCT.
  3. For repairs during the warranty period, please contact only the retailer from whom you purchased the product.
  4. Any claims during the warranty period will be resolved within a maximum of 30 days from the date of registration.
  5. The warranty period is extended by the time the product is being repaired.
  6. The seller reserves the right to charge the applicable service and transport costs if the warranty does not cover repair or replacement of the device.
  7. The product complies with all European standards according to the certificate of conformity accompanying the product.
  8. This guarantee refers to compliance with all the technical characteristics and qualities of the product specified by the seller at the time of sale.
  9. The product may only be used for its intended purposes.

IN THE FOLLOWING CASES THE WARRANTY IS VOID AND ALL RIGHTS UNDER IT ARE LOST:

  1. The product was not distributed by E-TWOW ELECTRIC MOBILITY SA or by any of its authorized dealers.
  2. The purchase documents were not presented (invoice) and the warranty certificate was not filled out correctly.
  3. The documents are not completely and correctly filled out or are illegible.
  4. The buyer has provided false or incomplete information regarding the identification of the products, spare parts or original parts.
  5. Use of used or non-original spare parts.
  6. The product has suffered accidents or damage caused by external factors, weather conditions or other events.
  7. The product was used for purposes other than those specified by the manufacturer.
  8. The errors were caused by dirt, contamination, foreign objects, etc.
  9. Unauthorized installation of devices/accessories that do not originate from the manufacturer.
  10. Product serial numbers or part identification numbers/codes/marks etc. that are erased/obscured, markings or embossings made for different purposes.
  11. Improper operation of the product (exceeding the thermal regime, maximum permissible weight, etc.) or unauthorized intervention.
  12. Use of spare parts or original parts which have dents, mechanical shocks, thermal or other breaks, cracks, etc.
  13. Damage caused by the use/installation of spare parts or original parts together with faulty, used, modified or similar parts.
  14. Damage caused by removal of components or parts and possibly damage caused by removal/damage of seals.
  15. Damage caused by improper use and transport by the buyer.
  16. Changes in the original condition of the product due to natural influences (corrosion, condensation, etc.) due to improper storage.
  17. The product was not used according to the instructions in the user manual.
  18. Damage caused by vandalism or violence.
  19. The warranty period has expired.
  20. The warranty does not cover consumables, plastic parts, rubber parts, tires, paint and other defects caused by impact, weather, wear and tear, improper use or storage.
  21. Any warranty for the product will be void if the user rents the scooter or otherwise uses it for commercial purposes.


8) Place of jurisdiction/applicable law

8.1 All legal relationships between the parties shall be governed by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods.

8.2 In relation to entrepreneurs, the competent court at the Seller's registered office is agreed as the exclusive competent court.


9) Alternative dispute resolution

9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.