means goods intended to be used with or in connection with the Vehicle and sold on the Website.
means a hostess in charge of welcoming and assisting Customers in the Showrooms. The Zapp Agent assists the Customer in ordering a Vehicle and/or Accessories on the Website.
means a user account created via the Website which is required to place an order for a Vehicle and/or Accessories.
means any natural person who enters the purchase or lease contract with the leasing partner for purposes that are not, or mainly not, related to independent commercial or professional activities.
means the contract for the purchase of a Vehicle and/or Accessories concluded between Zapp and the Customer, and for which these T&Cs apply.
means the credit company, as specified at the time of the order on the website, which provides payment facilities for the Vehicles.
means all the companies in the Zapp Group whose parent company is Zapp Electric Vehicles Limited, 5 Technology Park, Colindeep Lane, London, UK, registered number 10870546
means both Zapp and You.
means both the Vehicles and Accessories offered by Us.
means a physical retail outlet where Vehicles and Accessories offered for sale by Zapp are displayed and where Zapp Agents assist Customers in ordering a Vehicle and/or Accessories on the Site.
means a multi-purpose van that allows the Zapper to deliver, repair and maintain Vehicles.
means all new vehicles sold through the Website.
means an independent service provider approved and trained by Zapp. It is responsible for the delivery of the Vehicle, its annual inspections, maintenance and repair, and the installation of any Accessories and upgrades that You may wish to have on Your Vehicle in the future. He is, in a sense, Your personal mechanic.
RESERVATION PROCESS ON THE WEBSITE
PURCHASING PRODUCTS WITH THE ASSISTANCE OF A ZAPP AGENT
- The Website is available in France and in French. By changing the language, You will be redirected to another site of the Zapp Group subject to other T&Cs.
- The presentation of Products by Zapp on the Website does not constitute an offer in the legal sense of the term, but a simple invitation to make an offer to purchase a Vehicle or an Accessory.
- You can select a Vehicle model and configure it, following the different steps and/or select Accessories. By clicking on the "Add to Basket" button, You can place the Vehicle and Accessories in Your shopping basket.
- An order summary allows You to obtain (i) a visual overview of the selected and configured Vehicle, (ii) a list of equipment, options, and accessories, (iii) technical information and details, (iv) availability and (v) price details and reservation fees. You can also choose your financing solution:
- If you choose to apply for a credit, you are then redirected to Our Credit Partner's page. Zapp is not a party to the credit contract between You and the Credit Partner.
- If you choose to pay cash, You are invited to enter Your personal data: first name, last name, email address, mobile phone number.
- In the delivery section, You can enter the place of delivery of the Products. You are also invited to provide the data relating to invoicing, and in particular the postal address that will appear on the invoice, if this is different from the delivery address.
- You must then select Your payment methods among those provided by our payment provider. This reservation does not constitute a deposit.
By clicking on "Order with payment obligation", You validate Your reservation. If the reservation is successful, You will be redirected to the confirmation page.
After making the reservation, We will email You an automatic summary which does not constitute a legally binding acceptance of Your booking.
You will be contacted to confirm the order which also depends on the acceptance of the payment made.
If You confirm Your order, the reservation fees will be deducted from the final price due for the Vehicle. A confirmation will be sent to You by email and the Contract of Sale will be deemed to be concluded. The order confirmation also includes the T&Cs applicable at the time of the final conclusion of the Contract.
When the Products become ready, You will be contacted to book a delivery date.
- You can consult all Your orders placed in Your Zapp Account. You can cancel your reservation or Pre-order Voucher at any time until the order confirmation. In case of cancellation, the payment made for the reservation will be refunded in full. For any cancellation request, You may contact Us at email@example.com.
- To purchase Products, You can also go to one of the Zapp Showrooms where You will be welcomed by a Zapp Agent who, equipped with a tablet, will assist You in placing Your order, choosing the Vehicle and/or its Accessories via the Website. No purchase can be made directly on site.
- If Your order is placed with the help of a Zapp Agent, the contractual offer for the Vehicle and, if applicable, the Accessories is made by signing the order on the Zapp Agent's tablet.
DELIVERY TIME – LATE DELIVERY – FORCE MAJEURE
- In accordance with point IV, in case of cash payment, the full payment of the total purchase price is due one (1) week before the agreed delivery date of the Vehicle. It is therefore necessary to ensure that the bank transfer has been received within this period. Failure to do so will result in the Vehicle not being delivered on the agreed date and the delivery of the Accessories being delayed accordingly.
- In accordance with Point IV, in case of a payment accepted and granted by Our Credit Partner, the full payment will be cashed out before the agreed delivery date of the Vehicle. The payment due to the Credit Partner will however be cashed out from the Consumer on the sole basis agreed between the Credit Partner and the Consumer.
DELIVERY AND CHANGES TO THE ORDER BEFORE DELIVERY, NON-ACCEPTANCE
- We will provide You with an estimated delivery time and a maximum delivery date for Your Vehicle. These dates are set out on Our Website, in the shopping basket, in the summary of Your booking and/or in the email confirmation. The delivery time is estimated at the time the Contract is concluded. You will be contacted closing to the delivery period to schedule delivery of the Vehicle.
- However, if no estimated delivery time has been specified, the Vehicle will be delivered within a reasonable period of time which, under normal circumstances, is twelve (12) weeks for new Vehicles in stock and up to 16 weeks for customized Vehicles.
- In the event of a delay in delivery, We will inform You as soon as possible.
In the event of difficulties arising from the occurrence of an event of force majeure as defined by the case law of the French courts, Zapp is released from its obligation to deliver for the duration and to the extent that the non-performance is caused by the occurrence of the said event. The dates and deadlines indicated in this point are extended by a period corresponding to the time during which the said event prevents delivery.
We shall inform You without delay of the occurrence and end of an event of force majeure, and We shall make Our best efforts to limit its effects. If such disruption results in a suspension of performance for four (4) months or more, both Parties shall have the right to terminate the Contract. Payments made will be refunded.
- In the case of home delivery of Your Vehicle, We will inform You when Your Vehicle is ready for delivery.
- Rescheduling or cancelling a reserved Vehicle delivery appointment does not relieve You of Your obligation to pay the agreed price in accordance with point VI.
- In the event of an error in contact details or in the event of absence or of unjustified refusal to accept the Product which results in the return of the Vehicle and/or Accessories, storage costs and all related costs as well as the cost of re-shipment will be at Your sole expense. In the event of any rearrangement of the delivery, Your Zapper will contact You to determine a new delivery date.
- You must check the condition of the Products on delivery and make any useful reservations on the delivery note, at Your Zapper. In particular, You should check the general condition of the Vehicle: the bodywork, upholstery, front and rear lights, indicators, mirrors and that all the Accessories are present.
REPAIR OF VEHICLE DEFECTS
You benefit from legal guarantees, namely the legal guarantee of conformity (art. L. 217-1 et seq. of the French Consumer Code) and the legal guarantee against hidden defects (art. 1641 et seq. of the French Civil Code), in the event of a defect in the Product purchased.
Legal guarantee of conformity
The rights mentioned below result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code. A non-conforming Product is a Product that You cannot use normally, whose functions or qualities do not correspond to Our description or to what has been announced, the Product does not have the characteristics that You have agreed with Us or does not correspond to the specific use that You are looking for and that You have communicated to Us.
You have two years from the date of delivery to make a claim. During this period, You are only required to establish the existence of a defect and not the date of its appearance.
The Legal Warranty of Conformity gives You the right to have the Product repaired within thirty (30) days of Your request, free of charge and without major inconvenience to You. If the Product is repaired under this Warranty, You will receive a six (6) months extension to the original warranty. If You request the repair of the Product, but We can only replace it, the Legal Warranty of Conformity is renewed for a further two (2) years from the date of replacement of the Product.
You may also obtain a reduction in the purchase price by keeping the Product or terminate the contract by obtaining a full refund in exchange for the Product, if:
We cannot repair the defect or replace the product;
The repair or replacement of the Product takes place after a period of thirty (30) days;
The repair or replacement of the Product causes You significant inconvenience, including where You permanently bear the cost of taking back or removing the non-conforming Product, or if You bear the cost of installing the repaired or replaced Product;
The non-conformity of the Product persists despite Our unsuccessful attempt to make it conform.
The Consumer is also entitled to a price reduction or termination of the contract where the defect is so serious as to justify an immediate price reduction or termination of the contract. In such cases, you are not obliged to request repair or replacement of the product beforehand.
You do not have the right to terminate the contract if We have proved that the defect is minor.
Any period during which the Product is out of service while it is being repaired will suspend the remaining warranty until the repaired Product is delivered.
Legal Guarantee against Hidden Defects
In application of articles 1641 to 1649 of the French Civil Code, Consumers and professional customers also benefit from the Guarantee against hidden defects which manifests itself when the Product is unfit for the use for which it is intended, or which diminishes this use so much that You would not have acquired it or would have given only a lower price for it, if You had known about them.
A defect is said to be hidden when You do not detect it during a simple examination. You have two (2) years from the date of its discovery to act against it. In any case, you must provide proof of the hidden defect (i.e., an expert opinion). In this situation, You have the choice between keeping the Product and obtaining a partial refund of the purchase price or returning it to us and obtaining a full refund of the purchase price.
If a lack of conformity or a defect affecting one or more Products is found within the above-mentioned period, and as soon as the defect or defect is found, the Customer shall notify Zapp :
- By post: Zapp Electric Vehicles (Ireland) Limited - First Floor, Penrose 2, Penrose Dock, Cork, T23 YY09, Ireland
- By email: firstname.lastname@example.org
COMMERCIAL WARRANTY - WEAR AND TEAR
- In the event of defects in Your Vehicle, You may contact Us directly by email email@example.com or via our form available on the Website: https://zappev.com/contact-us.
- If Your Vehicle becomes unusable due to a material defect, We will try our best to send a Zapper as soon as possible to the address you specify.
- If parts are replaced on the Vehicle, they become the property of Zapp. You may assert claims for material defects based on the Replacement Parts Agreement until the expiry of the limitation period of the purchased Vehicle.
- Repair claims are not affected by the change of ownership of the Vehicle.
RIGHT OF WITHDRAWAL
- In addition to Your statutory warranty rights, Our Vehicles are covered by an additional new vehicle warranty provided by Zapp. The terms of the warranty will be delivered to You at the latest with the Vehicle.
- Our Vehicles may also be covered by additional warranties or extended service warranties, or any other services you may subscribe to, subject to the terms of such additional warranties or services which are available to you at the time of purchase and will be delivered to You at the latest with the Vehicle.
RETENTION OF OWNERSHIP
- As long as You are a Consumer and You have concluded the Contract via the Website, You have a legal right of withdrawal.
- You have a period of fourteen (14) days to exercise Your right of withdrawal, without any reason. This period starts from the date of delivery of the Product, i.e., the day on which You or the third party that You have designated takes physical possession of the Product.
To exercise Your right of withdrawal, You must notify Us of Your decision, before the expiry of the withdrawal period, by an unambiguous statement:
- By post: Zapp Electric Vehicles (Ireland) Limited - First Floor, Penrose 2, Penrose Dock, Cork, T23 YY09, Ireland
- By email: firstname.lastname@example.org
To facilitate the exercise of Your right of withdrawal, You may use the sample withdrawal form below.
(If You wish to exercise Your right of withdrawal from the purchase contract, complete and return this form).
- To: Zapp Electric Vehicles (Ireland) Limited - First Floor, Penrose 2, Penrose Dock, Cork, T23 YY09, Ireland
- I/We (*) hereby notify that I/we (*) withdraw from my/our (*) contract for the sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of Consumer(s),
- Address of the Consumer(s), Signature of the Consumer(s) (only in case of notification of this paper form),
(*) Delete unnecessary entries
- In case of exercise of Your right of withdrawal, We will reimburse You all payments received for the product, including delivery costs, with the exception of additional costs incurred by the choice of a delivery method other than the standard delivery method offered by Zapp. Processing and registration are non-refundable. The refund will be made without undue delay after the Product has been received by us and, in any event, no later than fourteen (14) days from the day We receive the Product back from you. We will make the refund using the same means of payment as that used for the initial transaction unless You expressly agree to a different means. There are no costs associated with this refund.
- We may defer the refund until we have received the returned Product or until You have provided us with proof that the Product has been returned, whichever is the earlier. You must return the Product to Us, at the local address to be specified by Us, or arrange for the Product to be collected by a Zapper, but you will bear the cost of such Collection by a Zapper, or at any other place agreed between the Parties, without undue delay and, in any event, no later than fourteen (14) days from the date on which You notified Us of the exercise of Your right of withdrawal. The deadline is respected if You have returned the Product before the expiry of the fourteen (14) day period.
- You shall bear the direct costs of returning the Product to the specified location and in case of a collection, the cost of the collection, as to be specified. The costs are estimated to be a maximum of approximately 1,000 euros (one thousand Euros) for returning the product or if the product is collected.
- The Products must be returned protected, in their original packaging and in perfect condition for resale. You are responsible for any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and functioning of the Product. If the value of the Products returned by You is diminished by any amount as a result of the handling of those Products by You beyond what is necessary to establish the nature, characteristics and functioning of the Products, we may recover that amount from You up to the contract price. We may recover that amount by deducting it from any refund due to You or require You to pay that amount direct to Us.
- The Products shall only become the property of the Customer after full payment of the price.
- At Your request, We are obliged to waive the retention of title if You have indisputably settled all claims relating to the purchased Vehicle.
During the period of retention of title:
- We reserve the right to retain the registration certificate;
- You may not freely dispose of the Vehicle or grant any right of use by contract to a third party.
- In the event of default in payment of the price of the Products, We may terminate the Contract and/or demand payment of damages in lieu of performance of the Contract.
- If the Vehicle is repossessed, We shall pay the normal sale value of the Vehicle on the day of repossession. Within 48 working hours of the Vehicle being repossessed, You may request the appointment of a sworn expert of Your choice to determine the sale value. You will bear the costs of the trade-in and the costs of the resale of the Vehicle. The resale costs are 5% of the normal sale value. They will be set higher or lower if We report evidence of higher costs or if You report evidence that lower costs or no costs were incurred.
PROTECTION OF PERSONAL DATA
- Spare parts essential for the use of the Vehicle available for sale for a period of 5 (five) years from the date of first registration of the Vehicle, unless otherwise provided by law. At the end of that period, should we be unable to obtain such spare parts from Our manufacturers, We further agree to use all reasonable efforts to find another source that can supply them.
APPLICABLE LAW – DISPUTE – RESOLUTION – MEDIATION
- For any information on the protection of your personal data, We invite You to consult our dedicated Policy available on our website at the address: https://zappev.com/privacy-policy
- These T&Cs are written in French and governed by French law.
- In the event of a dispute, the Parties shall endeavor to resolve it amicably, in particular by sending a request to Our customer service (email@example.com).
- Any dispute relating to the formation, validity, performance, interpretation, or cancellation of these T&Cs shall fall under the exclusive jurisdiction of the Commercial Court of Paris. When the Customer is a Consumer, the choice of the competent court will be made in accordance with the applicable law.
- In the absence of an amicable agreement, We have appointed a mediator in accordance with the provisions of the French Consumer Code relating to the amicable resolution of disputes, whose contact details are as follows “M. le Médiateur de la Fédération Nationale de l'Automobile (FNA)” - Immeuble Axe Nord, 9-11 avenue Michelet, 93583 Saint Ouen Cedex. After a prior written request to our customer service department, the Mediator can be contacted by post, using the form that can be downloaded from the Mediator's website, or directly on the website www.mediateur-fna.fr, for any consumer dispute that has not been resolved. The European Commission provides an online dispute resolution platform at http://ec.europa.eu/consumers/odr/. Our email address is firstname.lastname@example.org.
- The provisions of these T&Cs shall have separate effect. If a court or competent authority rules that a provision, in whole or in part, is invalid or unenforceable, the remaining terms and conditions, or parts thereof, shall remain in full force and effect.
- If You are a Business Customer, the Parties agree to replace any invalid or unenforceable provision with a provision that most closely matches the original intent of the invalid or unenforceable provision.
- Your rights and obligations under the Purchase Agreement may not be assigned without the prior written consent of Zapp.