WHEELA Europe Terms and Conditions

 

 

Please carefully read these terms and conditions before purchasing, pre-ordering or using WHEELA the Scootbike.

  • In these Terms and Conditions, “we” “us” or “our” shall hereinafter represent the legal entity, “WHEELA Europe”.
  • In these Terms and Conditions, “Product” shall hereinafter represent our product, “WHEELA the Scootbike”.
  • In these Terms and Conditions “You” “User” or “Customer” shall hereinafter represent “Any user/customer of WHEELA Europe”.

 

By selecting the “I have read and accept the Terms and Conditions” checkbox at the point of purchase or pre-order of the Product at our website, you agree that your purchase or pre-order of WHEELA is subject to these Terms and Conditions and that you are entering into legal agreement with WHEELA Europe. You represent and warrant that you have the right, authority, and capacity to accept and agree to these Terms & Conditions. You represent that you are of sufficient legal age in your jurisdiction or residence to purchase and use our Products and to enter into this agreement. If you do not agree with any of the provisions of these Terms & Conditions, you should not purchase the Products.

1 About WHEELA Europe

WHEELA Europe is a producer of WHEELA the Scootbike, an innovative personal transportation device described and documented at http://www.wheela-scootbike.com/. WHEELA Europe is a private limited liability company (s.r.o.) seated at Bratislava, Slovakia, legally represented by individual managing director Ilja Sadilek. Official contact:

WHEELA Europe s. r. o.
Sokolíkova 1
84101 Bratislava, Slovakia
Company ID (ICO): 50 288 954
Date of establishment: 04/23/2016

Official information can be obtained at Slovak business registry here.

2 Customer service and contact information

If you have any questions or concerns regarding our Products or these Terms and Conditions, please contact us via following communication channels:

Email: info@wheela-scootbike.com

Phone: +421 905 722 035

Postal address:

WHEELA Europe s.r.o.
Sokolíkova 1
84101 Bratislava
Slovakia

3 Pre-orders, orders and refunds

Products available for pre-order are not offered for sale by WHEELA Europe. Your placement of a pre-order does not create a contract for sale. By placing a pre-order for a Product that is not yet available for sale, you make an offer to WHEELA Europe to purchase the Product subject to these Terms & Conditions. If you choose the credit card payment option, WHEELA Europe will obtain an authorization from your bank or credit card company and capture payment of the purchase price on the payment card you provided as a deposit for the reserved Products.

You may cancel your offer to purchase Product(s) at any time prior to shipment and we will refund the deposit for the pre-ordered Product(s). We reserve the right to deduct applicable fees in processing the cancellation of your offer.

We also reserve the right to cancel or refuse any order or pre-order for any reason at any time prior to shipment, including after an order or pre-order has been submitted, whether or not the order or pre-order has been confirmed, and we will refund the deposit for the reserved Products. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
All Products offered on our website are subject to availability. Prices for the Products are subject to change without notice at any time but changes will not affect any order or pre-order you have already placed. Prices for the Products do not include relevant taxes and you shall be responsible for the payment of applicable sales tax and import duties in your jurisdiction.

4 Shipping and delivery

Title for Products purchased from WHEELA Europe passes to the Customer at the time of delivery to the shipping company. Any product loss or damage that occurs when the Product is in transit to you is sole responsibility of the shipping company. The estimated arrival or delivery date is not a guaranteed delivery date for your order.
All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English. The Products available on our website are not intended for use outside of European Commonwealth. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.

5 Using the Product

While using Our Product, Users must be aware that any actions taken are completely and entirely at their free will and their full responsibility. WHEELA Europe will and cannot be held responsible for anything that happens due to failure of our Products. Users are fully and entirely responsible for anything that happens before/while/after using our Products.

To purchase or use WHEELA the Scootbike, you must be over the age of 18. Ages 15-18 must be supervised by an adult. We are not responsible for selling a product to anyone violating this term. If you are suspected or proven to be using our Product while under the age of 18, we reserve the right to terminate your account and/or orders and/or pre-orders.

6 Disclaimer of warranties

Although our website is accessible worldwide, the Products offered on the website have not been designed and tested for use in all countries. The Products have been designed and tested in compliance with CE marking, which signifies that is has been assessed to meet high safety, health, and environmental protection requirements within the extended Single Market in the European Economic Area (EEA).

If you choose to use the Products outside of EEA, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Product is not designed for use outside of EEA and some or all of its features may not work or be appropriate for use in any such a country. To the extent permissible by law, we accept no responsibility or liability for any damage or loss caused by your use of the Product in any such country.

To the fullest extent permissible under applicable law, the Product is provided to you “AS IS,” with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you. WHEELA Europe does not make, and hereby disclaims, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, satisfactory quality, fitness for a particular purpose, and warranties (if any) arising from a course of usage. We do not warrant against interference with your enjoyment of the Product; that the Product will meet your requirements; that operation of the Product will be uninterrupted or error-free, or that any defects in the Product will be corrected.

To the maximum extent permitted by applicable law, neither WHEELA Europe nor our distributors shall be liable to you for any lost profits, or any form of indirect, special, incidental, consequential or punitive damages from any causes of action arising with respect to the Product that you purchase from WHEELA Europe.

WHEELA Europe, however, may provide optional customer support in case of Product malfunction or defect, by means of any one of the following methods:

  1. provide oral or written advice on how to perform maintenance and/or repair of the Product,
  2. ship replacement parts of the products to the Customer (fees may apply),
  3. repair the Product using new parts or parts that are equivalent to new in performance and reliability (fees may apply),
  4. exchange the Product with a product with equivalent functionality,
  5. accept the return of the Product and refund the original purchase price.

The decision to provide optional customer support is at the sole discretion of WHEELA Europe. Should we in any particular case agree to provide optional customer support, the Customer is required to comply with our return shipping instructions. Any shipping charges or shipping insurance are covered by the party delivering the package to the shipping company, i.e. WHEELA Europe will not reimburse any shipping costs incurred by the Customer, however we will bear all costs of return shipping to you.

WHEELA Europe reserves right to abort the optional customer support for any returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product has been subject to:

  1. modifications, alterations, tampering, or improper maintenance or repairs;
  2. handling, storage, installation, testing, or use not in accordance with our user manuals, or other instructions provided by WHEELA Europe;
  3. abuse or misuse of the Product;
  4. breakdowns, fluctuations, or interruptions in electric power;
  5. Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane.

No method of optional customer support provided by WHEELA Europe shall create a warranty.

 

7 Limitations due to third parties

Our Products and related services (i.e. website, e-shop) rely on or interoperate with third party products and services. These third party products and services are beyond our control, but their operation may impact the reliability of our Products and services. You acknowledge and agree that:

  • the use and availability of our Products and/or services is dependent on third party product vendors and service providers,
  • these third party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that our Products and services operate,
  • WHEELA Europe is not responsible for damages and losses due to the operation of these third party products and services.

Our website may contain links to other web sites operated by third parties and referrals to third party vendors. Such third party sites and referred vendors are not under our control. We provide these links and referrals only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to such third party sites and referred vendors. Your use of these third party sites is at your own risk.
WHEELA Europe hereby disclaims and you hereby discharge, waive and release WHEELA Europe from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.

8 Ownership and intellectual property

You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Product and our services (i.e. website, e-shop) are owned by WHEELA Europe. Your possession, access, and use of the Product and/or services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.

You may choose to submit comments, suggestions, or ideas about our Products or services, including how to improve the Products or services. By submitting any such comments, suggestions or ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place WHEELA Europe under any fiduciary or other obligation. WHEELA Europe may use, copy, modify, publish, or redistribute the submissions and their contents for any purpose and in any way without any compensation to you. You also agree that WHEELA Europe does not waive any rights to use similar or related ideas previously known to WHEELA Europe, developed by its employees, or obtained from other sources.

9 Privacy policy

By registering for a WHEELA Europe account, using our website and/or any of our online or mobile products and services, you agree that we may transfer, process and store your information in accordance with our privacy policy. Please visit http://www.wheela-scootbike.com/privacy-policy to view the full WHEELA Europe Privacy Policy.

10 Electronic communication

You are communicating with WHEELA Europe electronically when you use our website or send email to WHEELA Europe. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you place an order or pre-order, we collect and store your email address. From that point forward, your email address is used to send you information about WHEELA Europe’s Products and services unless you opt-out of such emails using the opt-out link in the emails.

11 Limitation of liability

To the maximum extent permitted by applicable law, in addition to the above warranty disclaimers, in no event will WHEELA Europe be liable for any indirect, consequential, exemplary, special, or incidental damages, including any damages for lost data or lost profits or benefits, arising from or relating to the products, even if WHEELA Europe knew or should have known of the possibility of such damages.

12 Severability

If any part of one or more of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will to that extend be deemed to not form part of the Agreement between WHEELA Europe and the Customer. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.

13 Governing law and jurisdiction

Any disputes arising out of or in connection with this contractual relationship shall be governed by the laws of the Slovak Republic, without regard to its principles of conflicts of law. The Customer hereby also consents to the exclusive jurisdiction of courts in Bratislava, Slovakia in connection with any such disputes. Any commercial legal issues not explicitly covered by these Terms & Conditions are subject to provisions of the Commercial Code, ACT 513/1991 as enacted by The National Assembly of the Slovak Republic.