General Terms and Conditions of ElectricBrands AG
General Terms and Conditions for the reservation of a XBUS production slot at ElectricBrands AG ("Reservation Conditions")
§ 1 Scope
(1) These Reservation Conditions apply to all contracts concluded via our online shop for the reservation of an XBUS production slot between
Vossbarg 1, 25524 Itzehoe, Germany
Board: Martin Henne
Pinneberg District Court, Commercial Register 15947 PI
and the Customer, regardless of whether the customer is a consumer, entrepreneur or merchant. ElectricBrands AG is hereinafter referred to as "Manufacturer". If in these reservation conditions the manufacturer "affiliates" are concerned, this is referring to affiliated companies within the sense of Sections 15 et seqq. AktG (German Stock Corporation Act).
(2) All agreements made between the Manufacturer and the Customer in connection with the Reservation Contract are in particular a result of these Reservation Conditions in the version valid at the time of the reservation, our written confirmation of receipt and our declaration of acceptance.
(3) A customer's deviating general contractual conditions are not applicable to the reservation unless we have agreed their applicability in writing.
§ 2 Subject of the reservation
(1) The Manufacturer will allocate the Customer a production slot in the form of a production number subject to the prerequisites set out in these Reservation Conditions and against payment of the reservation fee. This production number indicates the slot, after the start of series production of the XBUS, in which the XBUS ordered by the customer in accordance with Section 6 (2) will be produced by or for the Manufacturer at the latest. The Manufacturer reserves the right to assign the Customer a lower production number, i.e. an earlier production slot, after receipt of the order with confirmation of the order according to Section 6 (2).
(2) The reservation remains valid until the conclusion of a purchase contract regarding the XBUS according to Section 6, but no later than four weeks after the activation of the final configurator according to Section 6 (2) and notification of this to the Customer by email ("Reservation period "). After expiration of the reservation period, the reservation expires.
(3) The reservation does not expressly represent conclusion of a purchase contract and does not oblige the Customer to conclude one. Prerequisite for production of a vehicle for the Customer within the production slot is that the Customer concludes a purchase contract in accordance with Section 6, which is expected to be possible from the beginning of 2022.
(4) The Customer is aware that the XBUS is not yet in series production at the time of reservation.
(5) Reservation of a production slot is performed exclusively for the person specified by the Customer within the context of the reservation and is not transferable. In particular, the reservation cannot be sold to third parties.
§ 3 Reservation process / conclusion of contract
(1) A free registration on the platform ("Platform") is a prerequisite for a reservation. First, the configuration takes place (https://electricbrands.de/en/configurator/) and then the reservation (https://electricbrands.de/en/reservation/). The Customer undertakes to provide truthful information.
(2) If the Customer provides incorrect or incomplete information when registering on the platform, the Manufacturer reserves the right to cancel the reservation. In this case, the Manufacturer will refund any reservation fee that has already been paid in accordance with Section 5 (3).
(3) A reservation is only permitted for persons with full legal capacity. The Manufacturer reserves the right to exclude Customers from registration without stating reasons, and without any claims arising from this against the Manufacturer from the Customer.
(4) For the reservation, the Customer puts together an XBUS from the vehicle variations and special equipment specified there as part of a preliminary configuration using the "Configurator light" on the platform. Before sending this preliminary configuration, the Customer can adapt their vehicle at any time. Using the "Reserve now for a fee" button, the Customer submits an offer directed at reserving the production slot, thereby storing a preliminary configuration for an XBUS with the Manufacturer, to which the customer is not bound in the event of a subsequent order according to Section 6 (2), but serves as the basis for calculating the reservation fee.
(5) After the Manufacturer's receipt of the offer according to Section 3 (4), the Customer receives a confirmation of receipt. This confirmation of receipt does not represent a legally binding acceptance of the reservation by the Manufacturer. The offer is accepted by way of a corresponding confirmation by email to the Customer within three working days of receipt of the reservation fee by the Manufacturer.
§ 4 Reservation fee
(1) To make a Reservation the Customer pays the Manufacturer a reservation fee amounting to 10% of the net vehicle price shown on completion of the preliminary configuration in accordance with Section 3 (4).
(2) The reservation fee falls due with the submission of the offer for the reservation (cf. Section 3 (4)). It must be paid using one of the payment methods shown on the platform. The reservation fee is payable in euros (EUR).
(3) In the event that the Customer submits an offer to conclude a purchase contract (see Section 6 (2)) within the reservation period and the Manufacturer or a company affiliated with the manufacturer accepts this, the reservation fee actually paid will be offset in full against the purchase price under the purchase contract.
(4) In the event that the reservation period expires without the Customer submitting an offer to conclude a purchase contract (cf. Section 6 (2)) within the reservation period, the Customer is not entitled to reimbursement of the reservation fee.
(5) In the event that the Customer has submitted an offer to conclude a purchase contract (cf. Section 6 (2)) within the reservation period and the Manufacturer rejects this for a reason for which the customer is not responsible, the Manufacturer will provide the Customer with a refund of the reservation fee according to the principles set out in Section 5 (4), but without deducting the processing fee.
§ 5 Cancellation
(1) According to Section 6 (1), from the point of activation of the final configurator until the end of the reservation period, the Customer reserves the right to cancel the reservation by notifying the Manufacturer in writing, thereby terminating the Reservation Contract.
(2) A cancellation made by the Manufacturer before activation of the final configurator according to Section 6 (1) is ineffective.
(3) If the final configurator is not activated for Customers by 30/06/2022 at the latest, the Customer reserves the right to cancel the reservation.
(4) In the event of a cancellation in accordance with Section 5 (1), the Manufacturer will reimburse the Customer for the reservation fee minus a processing fee as follows:
a) The Customer pays the Manufacturer a processing fee of EUR 150.00 plus VAT at the statutory rate for managing the reservation and processing the cancellation. Payment is made by offsetting the Customer's claim for repayment, so that the reservation fee to be reimbursed to the customer is reduced accordingly.
b) The repayment is made in EUR.
c) The reservation fee will be reimbursed by way of the the payment method used by the Customer, unless the Customer notifies the Manufacturer of another means of payment with the cancellation. The Customer shall bear any additional costs arising from the payment as a result of using an alternative means of payment.
d) Refunds will be made within 30 days of the Manufacturer receiving the cancellation.
§ 6 Conclusion of a Purchase Contract
(1) The Manufacturer or a company affiliated with it is expected to make the final configurator available to Customers on the platform at the beginning of 2022.
(2) In order to carry out the final configuration, the Customer will receive a link to the final configurator by email immediately after the platform has been made accessible; this will be to the email address provided during registration, in accordance with Section 3 (1). This link remains valid until expiration of the reservation period and then it expires. Via the link the Customer can definitively configure the reserved XBUS and submit an offer to conclude a purchase contract. A purchase contract is concluded under the conditions made available on the platform when the Manufacturer or a company affiliated with it accepts the Customer's offer.
(3) The Manufacturer or a company affiliated with it is not obliged to accept an offer made by the Customer to conclude a purchase contract. In this case Section 4 (5) applies.
§ 7 Liability
(1) The Manufacturer is not liable for, and in connection with the reservation, simple negligence unless there is a breach of contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and compliance with which the Customer regularly trusts and may trust (cardinal obligations). In this case, the dealer's liability is limited to the foreseeable damage typical of the contract when these reservation conditions were concluded.
(2) The limitation of liability from Section 7 (1) does not apply, (i) insofar as liability cannot be limited or excluded under applicable law, in particular in accordance with the Product Liability Act, (ii) in the event of wilful intent or gross negligence, (iii) in the case of damage to health, life and limb caused by minor negligence, (iv) in the case of fraudulent intent, and (v) in the event of non-compliance with an agreed guarantee.
(3) All liability exclusions and limitations provided in this Section 7 also apply in favour of affiliated companies, board members, management, employees, authorised agents, sub-suppliers, sub-contractors and other auxiliary persons of the Manufacturer.
§ 8 Final provisions
(1) Declarations by the Manufacturer are sent to the Customer with access to the corresponding email communicated as the email inbox as part of the reservation on the platform.
(2) Changes and additions to these reservation conditions must be made in writing. This also applies to changes to the form clause itself.
(3) Should one or more provisions of these reservation conditions be or become ineffective or impracticable, the remaining provisions of these reservation conditions will not be affected. In place of the ineffective or unenforceable provisions, the statutory provisions apply, where they exist.
(4) These reservation conditions and the business relationship arising between the Manufacturer and the Customer in connection with the reservation, are exclusively governed by the law of the Federal Republic of Germany, excluding German conflict of laws and excluding all international and supernational (contractual) legal systems, in particular the United Nations Convention on Contracts for the International Sale of Goods, dated 11/04/1980 (CISG). The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, in particular of the state in which the user has their habitual residence as a consumer, remain unaffected.
(5) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes that arise in connection with the reservation, from or on the basis of these reservation conditions and/or with regard to the validity of these reservation conditions, is Itzehoe, Germany.
§ 9 Cancellation
(1) Consumers, i.e. natural persons for whom the purpose of the reservation cannot predominantly be attributed to their commercial or independent professional activity, reserve the right to cancel with regard to the reservation in accordance with the statutory provisions; information on this can be found in Sections 9 (2) and 9 (3).
(2) Cancellation policy
Right of cancellation
You reserve the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded.
In order to exercise your right of cancellation, you must inform us (ElectricBrands AG, Vossbarg 1, 25524 Itzehoe, Germany, Email: email@example.com, Telephone number: + 49 607 13916147) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You can use the attached template cancellation form for this purpose, but this is not mandatory.
In order to meet the cancellation deadline, it is sufficient for you to send notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we must repay all payments that we have received from you immediately or, at the latest, within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same payment method that you used for the original transaction, unless something else has been expressly agreed with you; under no circumstances will you be charged any fees for this repayment.
If you have requested that the services should begin during the cancellation period, you will be required to pay us an amount reflective of the services already provided, when compared with the total scope of services to be provided within the contract, up to the point at which you informed us of your exertion of the right of cancellation with regard to this contract.
(3) Using the template cancellation form, the provider informs according to the legal regulation, as follows:
Template cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
— To (ElectricBrands AG, Vossbarg 1, 25524 Itzehoe, Germany, Email: firstname.lastname@example.org, Telephone number: +49 607 13916147):
— I/we (*) hereby cancel the contract concluded by me/us (*) for the provision of the following service (*)
— Ordered on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only if this is communicated on paper)
(*) Strike out where not applicable
§ 10 Consumer dispute settlement
The Manufacturer does not take part in dispute settlement proceedings in front of a consumer arbitration board.