Reservation Terms and Conditions
IMPORTANT - PLEASE READ CAREFULLY: THESE TERMS AND CONDITIONS (THE “TERMS”) CONSTITUE A LEGALLY BINDING CONTRACT BETWEEN YOU AND SUPER73 B.V., A LIMITED LIABILITY COMPANY INCORPORATED IN THE NETHERLANDS AND REGISTERED AT THE CHAMBER OF COMMERCE UNDER NUMBER 76631761 (“SUPER73”, “US,” “OUR” OR “WE”), AND APPLIES TO YOUR RESERVATION FOR A SUPER73-C1X ELECTRIC MOTORBIKE (THE “C1X”).
IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT PLACE A RESERVATION FOR A C1X. IF YOU DO ENTER INTO THESE TERMS AND PAY A DEPOSIT, THE ONLY REMEDY YOU HAVE AGAINST US SHOULD ANYTHING GO WRONG WILL BE FOR YOU TO CANCEL YOUR RESERVATION FOR A C1X AND RECEIVE FROM US A FULL REFUND.
YOU ACKNOWLEDGE AND AGREE THAT PAYMENT OF A DEPOSIT DOES NOT GUARANTEE YOU THE RIGHT TO RECEIVE A C1X. INSTEAD, PAYMENT OF A DEPOSIT PROVIDES YOU WITH A PLACE IN A QUEUE TO RECEIVE A C1X AS AND WHEN THEY BECOME AVAILABLE IN FUTURE FOLLOWING PAYMENT OF THE RELEVANT PURCHASE PRICE (FROM WHICH THE VALUE OF YOUR DEPOSIT WILL BE DEDUCTED).
By reserving a C1X and paying the deposit of €73 (the “Deposit”), you hereby agree to these Terms in their entirety. By agreeing to these Terms, you confirm that you are at least 18 years of age, or otherwise have the consent of a parent or legal guardian to agree to the Terms.
WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME, AND EACH SUCH MODIFICATION SHALL BE EFFECTIVE UPON POSTING ON OUR WEBSITE AT EU.SUPER73.COM (THE “WEBSITE”). ALL MODIFICATIONS WILL APPLY FROM THE DATE THEY ARE POSTED TO OUR WEBSITE. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO CANCEL THE RESERVATION AND RECEIVE A REFUND OF THE DEPOSIT IN ACCORDANCE WITH THESE TERMS.
Reservation Process and Changes
In order to reserve a C1X you should follow the process set out on our website, and pay the Deposit in accordance with those processes. Your payment of the Deposit and your acknowledgement of these Terms via the process on our website constitutes your agreement to these Terms.
By reserving a C1X and providing the Deposit, you will be placed in line for receiving the C1X at a time to be determined by Super73 in its sole discretion. The features, specifications, design and/or configuration of the C1X may change prior to production, but you will be given the ability to review the final features, specifications, design and/or configuration of the C1X on the Website or otherwise prior to you having to pay the full purchase price for a C1X. You can cancel your reservation at any time prior to completing your purchase and seek a refund of the Deposit by providing a cancellation notice to Super73, and we will use reasonable efforts to refund the Deposit in a timely manner and in any event not later than 14 days from the day on which you informed Super73 of your decision to cancel the reservation.
Once the C1X that you reserved has been built and is ready to be delivered, we will reach out to you by sending an email to the email address that you provided, requesting payment of the purchase price (which will be quoted with the value of the Deposit removed). Once payment of the purchase price is received by Super73, the C1X will be delivered to you, subject to our standard terms and conditions of sale which we will provide to you prior to you making payment of the full purchase price. If we do not receive your payment in full within a reasonable period of time, we may extend a purchase invitation to the next person on the reservations list and you may lose your place in the reservations list. If you are unable to pay the full purchase price, do not pay the full purchase price within a reasonable period of time after it becoming due, or if you otherwise cancel your reservation, you will be entitled to a full refund of your Deposit, but you will not be entitled to receive a C1X.
We will aim to serve you based on your reservation date, but we reserve the right to re-sequence reservations based on available production details at the time.
In summary, by providing your Deposit at the time of your reservation, you understand that Super73 may not have completed the development of the C1X, finalized the design of the C1X or begun manufacturing the C1X. We do not guarantee if or when the C1X will actually be manufactured or delivered. Your delivery date is dependent on many factors, including the C1X’s conﬁguration and our manufacturing availability. You also understand that you will not receive the C1X unless and until you provide full payment of the purchase price. In all cases as described in this paragraph your remedy if you are not satisfied or do not wish to purchase a C1X shall be to cancel your reservation by giving notice to us, and receiving a refund of your Deposit. You agree that you shall have no further rights or recourse against us other than as described in this paragraph.
Payments may be declined or returned to you, in Super73’s sole discretion, for any reason or no reason at all. If we accept your Deposit for a C1X, your account, credit card, or other payment mechanism will be charged for the Deposit upon approval by Super73 regardless of when the product is expected to ship. If any credit card chargeback of any amount is issued on your reservation, your place in the queue for receiving the C1X will be paused until the chargeback has been resolved. Pausing your place in the queue means that you will not be eligible to receive your C1X and pay the purchase price in full, unless and until the relevant chargeback has been resolved, at which point you will receive a new place in the queue.
Any applicable taxes (including sales tax) will be collected on reservations where such taxes are required to be collected.
You agree that we will have no obligation to pay to you any interest or other additional fee at any time, including, without limitation, if your Deposit is refunded to you. Our sole obligation in respect of refunds will be to pay back to you the original amount of the Deposit.
No Resale and Our Cancellation Rights.
Super73 and our aﬃliates and distributors sell Super73 products directly to end-consumers, and we may unilaterally cancel any reservation that we believe has been made with a view toward “flipping” of the C1X, imminent resale of the C1X or resale of your place in the queue, or that has otherwise been made in bad faith. We may also unilaterally cancel your reservation and refund your Deposit if we discontinue the C1X or any of its features or options after the time you place your reservation or if we determine that you are acting in bad faith.
We offer limited warranties on our products. Unless otherwise communicated to you in writing by us, the C1X will be sold to you subject to our standard product warranty applicable to this product. EXCEPT FOR THE LIMITED WARRANTIES EXPRESSLY REFERRED TO IN THESE TERMS, THE C1X IS SOLD ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SUPER73 DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE.
Liability and Limitation of Remedies
YOU AGREE AND UNDERSTAND THAT YOUR SOLE AND EXCLUSIVE REMEDY, AND SUPER73’S (AND ITS AFFILIATES’, LICENSORS’, DIRECTORS’, OFFICERS’, EMPLOYEES’ AND AGENTS’) SOLE AND EXCLUSIVE LIABILITY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS WILL BE LIMITED TO THE REFUND OF YOUR DEPOSIT.
Nothing in this Terms shall limit or exclude any liability (i) that cannot be legally limited or excluded by law, (ii) for death or personal injury arising out of its negligence or that of its personnel; and (iii) for losses caused by fraud, fraudulent misrepresentation or gross negligence.
Dispute Resolution and Class Action Waiver
Governing Law. Subject to the following sentence, these Terms, and any contractual or non-contractual rights arising out of or in connection with them, shall be exclusively governed by and construed in accordance with the laws of the Netherlands. This does not affect any rights that you may have under the law of your own country to have a dispute heard under the laws of your own country.
Choice of Forum. Subject to the following sentence, each party agrees that, in respect of any dispute arising out of or in connection with these Terms (including any dispute in relation to non-contractual rights), the parties agree that the courts of Amsterdam shall have exclusive jurisdiction to hear and resolve those disputes. This does not affect any rights that you may have under the law of your own country to have a dispute heard in the courts of your own country.
Notices and Communications
Super73 will provide any notices (including legal process) that it may be required to give you by any lawful method, including by making notices available through our website or by sending notices to any email address that you provide to Super73. Super73 will also communicate with you about your reservation and send you updates, surveys and other information about Super73 products via the email address that you provide. If you’d prefer not to receive certain emails from Super73, click the unsubscribe link in any email and unsubscribe.
Please note that if you do not (i) provide Super73 with current and accurate contact information and/or (ii) subsequently provide any updated contact information to Super73, we may not be able to contact you about your reservation.
You agree to send all notices under these Terms to Super73 by emailing them to firstname.lastname@example.org.
Assignment. Nothing in these Terms may be assigned by you without the prior written consent of Super73.
Severability. In the event one or more of the clauses in these Terms is found by a court to be invalid, illegal, or unenforceable, the court may either interpret these Terms as if such clauses had not been included, or may reform such clauses to the limited extent necessary to make them valid, legal or enforceable, consistent with the economic and legal incentives underlying the Terms.
Waiver. Super73’s failure to enforce at any time any of these Terms, to exercise any election or option provided herein, or to require at any time performance by you of any of the provisions hereof, shall in no way be construed to be a waiver of such provisions, nor in any way to affect the validity of the reservation or any part thereof, or the right of Super73 thereafter to enforce each and every such provision.
Questions? Concerns? Suggestions? Please contact us at email@example.com to report any violations of these Terms or if you have any questions regarding these Terms.