A. TERMS AND CONDITIONS OF USE OF OUR WEBSITE

  1. Introduction
    1. These terms and conditions shall govern your use of our website.
    2. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
    3. If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.
    4. You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
    5. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
  2. Copyright notice
    1. Copyright (c) 2018 Zapp Electric Vehicles Limited.
    2. Subject to the express provisions of these terms and conditions:
      • we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
      • all the copyright and other intellectual property rights in our website and the material on our website are reserved.
  3. Licence to use website
    1. You may:
      • view pages from our website in a web browser;
      • download pages from our website for caching in a web browser;
      • print pages from our website;
      • stream audio and video files from our website; and
      • use our website services by means of a web browser,
      subject to the other provisions of these terms and conditions.
    2. Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
    3. You may only use our website for your own personal purposes, and you must not use our website for any other purposes.
    4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
    5. Unless you own or control the relevant rights in the material, you must not:
      • republish material from our website (including republication on another website);
      • sell, rent or sub-license material from our website;
      • show any material from our website in public;
      • exploit material from our website for a commercial purpose; or
      • redistribute material from our website.
    6. Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
    7. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
  4. Acceptable use
    1. You must not:
      • use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
      • use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      • use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
      • access or otherwise interact with our website using any robot, spider or other automated means;
      • violate the directives set out in the robots.txt file for our website; or
      • use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
    2. You must not use data collected from our website to contact individuals, companies or other persons or entities.
    3. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
  5. Products
    1. The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
    2. We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
    3. Prices stated on our website may be stated incorrectly.
    4. The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.
    5. Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.
  6. Registration and accounts
    1. You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
    2. You must not allow any other person to use your account to access the website.
    3. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
    4. You must not use any other person's account to access the website, unless you have that person's express permission to do so.
  7. User login details
    1. If you register for an account with our website, we will provide you with a user ID and password which you may subsequently change.
    2. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
    3. You must keep your password confidential.
    4. You must notify us in writing immediately if you become aware of any disclosure of your password.
    5. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
  8. Cancellation and suspension of account
    1. We may:
      • suspend your account;
      • cancel your account; and/or
      • edit your account details,
      at any time in our sole discretion without notice or explanation.
    2. You may cancel your account on our website using your account control panel on the website.
  9. Your content: licence
    1. In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
    2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this website and any successor website.
    3. You grant to us the right to sub-license the rights licensed under Section 9.2.
    4. You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
    5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
    6. You may edit your content to the extent permitted using the editing functionality made available on our website.
    7. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
  10. Your content: rules
    1. You warrant and represent that your content will comply with these terms and conditions.
    2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
    3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
      • be libellous or maliciously false;
      • be obscene or indecent;
      • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
      • infringe any right of confidence, right of privacy or right under data protection legislation;
      • constitute negligent advice or contain any negligent statement;
      • constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
      • be in contempt of any court, or in breach of any court order;
      • be in breach of racial or religious hatred or discrimination legislation;
      • be blasphemous;
      • be in breach of official secrets legislation;
      • be in breach of any contractual obligation owed to any person;
      • depict violence in an explicit, graphic or gratuitous manner;
      • be pornographic, lewd, suggestive or sexually explicit;
      • be untrue, false, inaccurate or misleading;
      • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
      • constitute spam;
      • be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
      • cause annoyance, inconvenience or needless anxiety to any person.
  11. Report abuse
    1. If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
    2. You can let us know about any such material or activity by email.
  12. Limited warranties
    1. We do not warrant or represent:
      • the completeness or accuracy of the information published on our website;
      • that the material on the website is up to date; or
      • that the website or any service on the website will remain available.
    2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
    3. To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
  13. Limitations and exclusions of liability
    1. Nothing in these terms and conditions will:
      • limit or exclude any liability for death or personal injury resulting from negligence;
      • limit or exclude any liability for fraud or fraudulent misrepresentation;
      • limit any liabilities in any way that is not permitted under applicable law; or
      • exclude any liabilities that may not be excluded under applicable law.
    2. The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:
      • are subject to Section 13.1; and
      • govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
    3. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
    4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
    7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
    8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
  14. Breaches of these terms and conditions
    1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
      • send you one or more formal warnings;
      • temporarily suspend your access to our website;
      • permanently prohibit you from accessing our website;
      • block computers using your IP address from accessing our website;
      • contact any or all of your internet service providers and request that they block your access to our website;
      • commence legal action against you, whether for breach of contract or otherwise; and/or
      • suspend or delete your account on our website.
    2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
  15. Third party websites
    1. Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
    2. We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
  16. Trade marks
    1. Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
    2. The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
  17. Variation
    1. We may revise these terms and conditions from time to time.
    2. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
  18. Assignment
    1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
    2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
  19. Severability
    1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
  20. Third party rights
    1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
    2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
  21. Entire agreement
    1. Subject to Section 13.1, these terms and conditions, together with our terms and conditions of sale, privacy and cookies policy, delivery policy, return policy and disclaimer, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
  22. Law and jurisdiction
    1. These terms and conditions shall be governed by and construed in accordance with English law.
    2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
  23. Our details
    1. This website is owned and operated by Zapp Electric Vehicles Limited.
    2. We are registered in England and Wales under registration number 10870546, and our registered office is at 5 Technology Park, Colindeep Lane London NW9 6BX United Kingdom.
    3. Our principal place of business is at 5 Technology Park, Colindeep Lane London NW9 6BX United Kingdom.
    4. You can contact us:
      • by post, using the postal address given above;
      • using our website contact form;
      • by telephone, on the contact number published on our website from time to time; or
      • by email, using the email address published on our website from time to time.

 

GENERAL TERMS AND CONDITIONS OF SALE

  1. PREAMBLE

    These General Terms and Conditions of Sale (hereinafter "T&Cs") govern the contractual relationship between the seller, Zapp Electric Vehicles (Ireland) Limited whose registered office is located at First Floor, Penrose 2, Penrose Dock, Cork, T23 YY09, Ireland, registered in Ireland with company number 730040 (hereinafter "Zapp" or "We"/"Us") and the customer (hereinafter "You"/"Your"), for the purpose of purchasing a new Vehicle and its Accessories.

    The T&Cs apply to the exclusion of any other document.

    The order of a Vehicle and/or Accessories is only possible subject to acceptance of these T&Cs. By placing an order, You confirm that You have carefully read and agreed to these T&Cs.

    We reserve the right to amend the T&Cs at any time by publishing a new version on our Website. The applicable T&Cs are those in force at the date of the conclusion of the contract.

  2. SCOPE OF APPLICATION

    The T&Cs do not apply to the new vehicle warranty granted by Zapp, which is subject to its own conditions, which will be available at the latest with the vehicle at the time of delivery.

    The T&Cs set forth in this document do not apply to any purchase made for professional purposes.

  3. DEFINITIONS

    "Accessories"
    means goods intended to be used with or in connection with the Vehicle and sold on the Website.

    "Zapp Agent"
    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.

    "Zapp Account"
    means a user account created via the Website which is required to place an order for a Vehicle and/or Accessories.

    "Consumer"
    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.

    "Contract"
    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.

    "Credit Partner"
    means the credit company, as specified at the time of the order on the website, which provides payment facilities for the Vehicles.

    "Zapp Group"
    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

    "Parties"
    means both Zapp and You.

    "Products"
    means both the Vehicles and Accessories offered by Us.

    "Showroom"
    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.

    "Website"
    means https://zappev.com and its sub-domains.

    "Zapper Van"
    means a multi-purpose van that allows the Zapper to deliver, repair and maintain Vehicles.

    "Vehicle(s)"
    means all new vehicles sold through the Website.

    "Zapper"
    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.

  4. RESERVATION PROCESS ON THE WEBSITE
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. You must then select Your payment methods among those provided by our payment provider. This reservation does not constitute a deposit.
    7. 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.

    8. 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.

    9. 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 support@zappev.com.
  5. PURCHASING PRODUCTS WITH THE ASSISTANCE OF A ZAPP AGENT
    1. 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.
    2. 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.
  6. PAYMENT
    1. 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.
    2. 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.
  7. DELIVERY TIME – LATE DELIVERY – FORCE MAJEURE
    1. 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.
    2. 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.
    3. In the event of a delay in delivery, We will inform You as soon as possible.
    4. 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.

  8. DELIVERY AND CHANGES TO THE ORDER BEFORE DELIVERY, NON-ACCEPTANCE
    1. In the case of home delivery of Your Vehicle, We will inform You when Your Vehicle is ready for delivery.
    2. 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.
    3. 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.
    4. 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.
  9. LEGAL GUARANTEES
    1. 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:

      1. We cannot repair the defect or replace the product;

      2. The repair or replacement of the Product takes place after a period of thirty (30) days;

      3. 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;

      4. 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.

    2. 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: support@zappev.com

  10. REPAIR OF VEHICLE DEFECTS
    1. In the event of defects in Your Vehicle, You may contact Us directly by email support@zappev.com or via our form available on the Website: https://zappev.com/contact-us.
    2. 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.
    3. 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.
    4. Repair claims are not affected by the change of ownership of the Vehicle.
  11. COMMERCIAL WARRANTY - WEAR AND TEAR
    1. 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.
    2. 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.
  12. RIGHT OF WITHDRAWAL
    1. As long as You are a Consumer and You have concluded the Contract via the Website, You have a legal right of withdrawal.
    2. 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.
    3. 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: support@zappev.com

      To facilitate the exercise of Your right of withdrawal, You may use the sample withdrawal form below.

      Model withdrawal form

      (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),

      Date

      ____________

      (*) Delete unnecessary entries

    4. 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.
    5. 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.
    6. 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.
    7. 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.
  13. RETENTION OF OWNERSHIP
    1. The Products shall only become the property of the Customer after full payment of the price.
    2. At Your request, We are obliged to waive the retention of title if You have indisputably settled all claims relating to the purchased Vehicle.
    3. 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.
    4. 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.
    5. 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.
  14. SPARE PARTS
    1. 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.
  15. PROTECTION OF PERSONAL DATA
    1. 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
  16. APPLICABLE LAW – DISPUTE – RESOLUTION – MEDIATION
    1. These T&Cs are written in French and governed by French law.
    2. In the event of a dispute, the Parties shall endeavor to resolve it amicably, in particular by sending a request to Our customer service (support@zappev.com).
    3. 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.
    4. 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 support@zappev.com.
  17. MISCELLANEOUS PROVISIONS
    1. 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.
    2. 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.
    3. Your rights and obligations under the Purchase Agreement may not be assigned without the prior written consent of Zapp.

 

C. DELIVERY POLICY

  1. Introduction
    1. In this policy we set out details of the delivery methods, periods and charges that apply to orders for our products made through our website.
    2. This policy is a legally binding document, and this policy shall form part of the contract of sale between you and us made under our terms and conditions of sale.
  2. Free delivery
    1. We offer free standard delivery of the vehicle to all address in the UK, France, Netherlands, Belgium, Italy, Spain, and Germany on all orders.
    2. Some merchandise or accessories orders may be subject to delivery charges as detailed in Section 5.
  3. Geographical limitations
    1. We will deliver to the following countries and territories: UK, France, Netherlands, Belgium, Italy, Spain, and Germany.
    2. We may from time to time agree to delivery products to other countries and territories.
  4. Delivery methods and periods
    1. The methods that we use to deliver our products, and the time periods within which delivery is usually completed, are as follows:
      • Delivery methods and time periods as will be specified on our website and may be amended from time to time.
    2. If you place your order by 4pm GMT/BST on a working day, these time periods run from the close of business on that day; if you place your order after 4pm GMT/BST on a working day, or on a non-working day, these time periods run from the close of business on the next following working day.
    3. The delivery periods set out in this Section 4 are indicative only, and whilst we will make every effort to ensure that you receive your delivery in good time, we do not guarantee delivery before the end of the stated period.
    4. We may conduct fraud screening checks before dispatching the product, and these checks may delay your delivery. If the delivery is likely to be delayed as a result of fraud screening checks, we will notify you.
  5. Delivery charges
    1. Delivery charges will be calculated by our website and automatically applied to your order during the checkout process, or alternatively quoted by us.
    2. Applicable delivery charges will depend upon the delivery method you select, the location of the delivery address, and the size and weight of the products in your order.
  6. Delivery tracking
    1. Delivery tracking will be available in respect of all orders for our products.
    2. To track your delivery, enter your order number (which is provided in your order confirmation email) into our delivery service provider's website to be specified.
  7. Receipt and signature
    1. All deliveries must be received in person at the delivery address, and a signature must be provided.
    2. Our delivery service provider will notify you in advance of attempting to make a delivery requiring signature.
  8. Additional deliveries
    1. If an initial delivery attempt is unsuccessful, our delivery service provider will make at least 1 more attempt to deliver the products in your order.
  9. Collection
    1. If your products remain undelivered despite our delivery service provider making at least 1 more attempt to deliver them, the delivery service provider will leave a card at your address, with instructions on how you may collect your products, including a time limit for collection.
  10. Delivery problems
    1. If you experience any problems with a delivery, please contact us using the contact details that we publish on our website or otherwise notify to you.
    2. If our delivery service provider is unable to deliver your products, and such failure is your fault, and you do not collect your products from our delivery service provider within the relevant time limit, we may agree to arrange for re-delivery of the products; however, we reserve the right to charge you for the actual costs of re-delivery (even where the initial delivery was free of charge).
    3. An indicative list of the situations where a failure to deliver will be your fault is set out below:
      • you provided the wrong address for delivery;
      • there is a mistake in the address for delivery that was provided;
      • the address for delivery is not reasonably accessible;
      • the address for delivery cannot safely be accessed;
      • if in-person receipt is not required, there is no easy and secure means of leaving the products at the address for delivery and there is no person available to accept delivery; or
      • if in-person receipt is required, there is no person available at the address for delivery to accept delivery and provide a signature.
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