General Terms and Conditions of ElectricBrands AG
General Terms and Conditions for the Reservation of an XBUS Production Seat with XBUS GmbH ("Reservation Terms")
§ 1 Scope of application
(1) These reservation conditions apply to all contracts concluded via our online shop for the reservation of an XBUS production space between the
Munastraße 1, 64839 Münster, Germany
Managing Director: Mike Ehrke
Darmstadt Local Court, HRB 104137
and the customer, regardless of whether the customer is a consumer, entrepreneur or merchant. XBUS GmbH is hereinafter referred to as the "Manufacturer". Insofar as these reservation conditions refer to "affiliated companies" with the manufacturer, these are affiliated companies within the meaning of §§ 15ff. AktG.
(2) All agreements made between the Manufacturer and the Customer in connection with the reservation contract result in particular from these reservation conditions in their version valid at the time of the reservation, our written confirmation of receipt and our declaration of acceptance.
(3) Deviating general terms and conditions of the customer shall not apply to the reservation unless we have agreed to their applicability in writing.
§2 Subject of the reservation
(1) Under the conditions stated in these reservation conditions and after payment of the reservation fee, the manufacturer shall allocate the customer a production place in the form of a production number. This production number indicates the number of places at which, after the start of series production of the XBUS, the XBUS then ordered by the customer in accordance with § 6 (2) will be produced by or for the manufacturer at the latest. The manufacturer reserves the right to allocate the customer a lower production number, i.e. an earlier production location, after receipt of the order with the confirmation of the order in accordance with § 6 (2).
(2) The reservation shall remain valid until the conclusion of a purchase contract for the XBUS in accordance with § 6, but at the latest until the expiry of eight weeks after activation of the final configurator in accordance with § 6 (2) and notification of this to the customer by e-mail ("reservation period"). After expiry of the Reservation Period, the reservation shall expire.
(3) The reservation expressly does not constitute the conclusion of a purchase contract and does not oblige the customer to conclude such a contract. The prerequisite for a production of a vehicle for the customer at the production site is that the customer concludes a purchase contract in accordance with § 6.
(4) The customer is aware that the XBUS is not yet in series production at the time of the reservation.
(5) The reservation of a production slot is made exclusively for the person specified by the customer in the reservation and is not transferable. In particular, the reservation cannot be sold to third parties.
§3 Reservation Procedure/Conclusion of Contract
(1) A free registration of the customer on the platform https://electricbrands.de/registration/ ("Platform") is in principle a prerequisite for a reservation. The customer undertakes to provide truthful information.
(2) If the customer provides false 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 already paid in accordance with § 5 (3).
(3) A reservation is only permitted for persons of full legal capacity. The manufacturer reserves the right to exclude customers from registration without stating reasons, without the customer incurring any claims against the manufacturer as a result.
(4) For the reservation, the customer individually compiles an XBUS from the vehicle variations and special equipment specified there within the framework of the "Configurator light" on the platform as part of a provisional configuration. Before sending this preliminary configuration, the customer can adjust his vehicle at any time. By clicking on the button "Reserve now with costs", the customer submits an offer directed towards the reservation of the production slot and thus deposits a provisional configuration for an XBUS with the manufacturer, to which the customer is not bound in any subsequent order in accordance with § 6 (2), but which serves as the basis for the calculation of the reservation fee.
(5) After receipt of the offer according to § 3 (4) by the Manufacturer, the Customer shall receive an acknowledgement of receipt. This confirmation of receipt does not yet constitute a legally binding acceptance of the reservation by the Manufacturer. Acceptance of the offer shall be effected by sending an invoice for the reservation fee with confirmation of receipt of payment by e-mail to the customer within three working days of receipt of the reservation fee by the manufacturer.
(6) Notwithstanding the above regulations on registration on the platform, a reservation can also be made within the scope of on-site events of the Manufacturer or an affiliated company outside the platform by submitting a written offer. The above regulations shall apply accordingly in this case.
§4 Reservation fee
(1) For the reservation, the customer shall pay the manufacturer a reservation fee in the amount of 10% of the net vehicle price shown at the conclusion of the preliminary configuration in accordance with § 3 (4). For special editions, the reservation fee may have a different amount.
(2) The reservation fee shall become due upon submission of the offer directed to the reservation (cf. § 3 (4)). It is to be settled by one of the payment methods shown on the platform via our payment service provider bezahl.de. For this purpose, the customer receives an email from bezahl.de with a link for payment processing. If the reservation is made in accordance with § 3 (6) as part of an on-site event of the Manufacturer or a company affiliated with the Manufacturer, the reservation fee must be transferred to the account specified there immediately after receipt of the order confirmation. The reservation fee shall be paid in euros (EUR).
(3) In the event that the customer makes an offer to conclude a purchase contract (cf. § 6 (2)) within the reservation period and the manufacturer or a company affiliated with the manufacturer accepts this, the reservation fee actually paid shall be offset in full against the purchase price under the purchase contract.
(4) In the event that the reservation period expires without the customer having made an offer to conclude a purchase contract within the reservation period (cf. § 6 (2)), the customer shall not be entitled to a refund of the reservation fee.
(5) In the event that the customer has made an offer to conclude a purchase contract (cf. § 6 (2)) within the reservation period and the manufacturer rejects this for a reason for which the customer is not responsible, the manufacturer will refund the reservation fee to the customer in accordance with the principles set out in § 5 (4), but without deducting the processing fee.
(1) From the time the final configurator is activated in accordance with § 6 (1) until the end of the reservation period, the customer has the right to cancel the reservation by notifying the manufacturer in text form and thereby terminate the reservation contract.
(2) A cancellation received by the manufacturer before the final configurator is activated in accordance with § 6 (1) shall be invalid.
(3) If the final configurator is not activated for customers by 31.12.2023 at the latest, the customer has the right to cancel the reservation.
(4) In the event of cancellation in accordance with § 5 (1), the Manufacturer shall refund the reservation fee to the Customer less a processing fee as follows:
a) For the service provided to the Manufacturer with the administration of the reservation and the processing of the cancellation, the Customer shall pay the Manufacturer a processing fee of EUR 150.00 plus VAT at the statutory rate. Payment shall be made by offsetting against the customer's repayment claim so that the reservation fee to be refunded to the customer is reduced accordingly.
b) The repayment shall be made in EUR.
c) The refund of the reservation fee shall be made to the means of payment used by the customer, unless the customer notifies the manufacturer of a different means of payment with the cancellation. Any additional costs incurred as a result of payment by the different means of payment shall be borne by the customer.
d) Refunds will be made within 30 days of receipt of the cancellation by the manufacturer.
(5) In the event of cancellation in accordance with § 5 (3), the Manufacturer shall refund the reservation fee to the Customer in accordance with the principles set out in § 5 (4), but without deducting the processing fee.
§6 Conclusion of a purchase contract
(1) It is expected that in the course of 2023 the manufacturer or an affiliated company will make the final configurator available to customers on the platform.
(2) In order to carry out the final configuration, the customer will receive a link to the final configurator by e-mail to the e-mail address provided during registration in accordance with § 3 (1) after the platform has been made accessible. This link remains valid until the expiry of the reservation period and expires thereafter. Via the link, the customer can finally configure the reserved XBUS and submit an offer to conclude a purchase contract. A purchase contract is concluded under the terms and conditions then made available on the platform if the manufacturer or an affiliated company 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 § 4 (5) shall apply.
(1) The Manufacturer shall not be liable for and in connection with the reservation for 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 on the observance of which the Customer regularly relies and may rely (cardinal obligations). In this case, the liability of the Manufacturer shall be limited to the damage foreseeable and typical for the contract at the time of conclusion of these reservation conditions.
(2) The limitation of liability under § 7 (1) shall not apply (i) to the extent that liability cannot be limited or excluded under applicable law, in particular in accordance with the Product Liability Act, (ii) in the event of intent or gross negligence, (iii) in the event of damage to health, life and limb caused by simple negligence, (iv) in the event of fraudulent intent, and (v) in the event of non-compliance with an agreed guarantee.
(3) All exclusions and limitations of liability provided for in this § 7 shall also apply in favour of affiliated companies, directors, managers, employees, agents, subcontractors, sub-suppliers and other auxiliary persons of the Contractor.
§8 Final provisions
(1) Declarations by the Manufacturer shall be received by the Customer upon receipt of the corresponding e-mail in the e-mail box notified by the Customer within the scope of the reservation on the Platform.
(2) Amendments and supplements to these terms and conditions of reservation must be made in text form. This also applies to the amendment of the form clause itself.
(3) Should one or more provisions of these terms and conditions of reservation be or become invalid or unenforceable, the remaining provisions of these terms and conditions of reservation shall not be affected thereby. The invalid or unenforceable provisions shall be replaced by the statutory provisions, if any.
(4) The law of the Federal Republic of Germany shall apply exclusively to these reservation conditions and the business relationship arising between the Manufacturer and the Customer in connection with the reservation, to the exclusion of German conflict of laws and to the exclusion of all international and supranational (contractual) legal systems, in particular the United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980 (CISG). The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user has his habitual residence as a consumer, shall remain unaffected.
(5) Insofar as 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 arising 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 shall be Itzehoe, Germany.
(1) Consumers, i.e. natural persons for whom the purpose of the reservation cannot predominantly be attributed to their commercial or self-employed professional activity, are entitled to a right of revocation with regard to the reservation in accordance with the statutory provisions; information on this is contained in §§ 9 (2) and 9 (3).
(2) Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (XBUS GmbH Munastraße 1, 64839 Münster, Germany, phone: +49-607-13916147, e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we must refund all payments we have received from you without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.
(3) The supplier shall provide the following information on the model withdrawal form in accordance with the statutory provisions:
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
— To XBUS GmbH Munastraße 1, 64839 Münster, Germany, phone: +49-607-13916147, e-mail: email@example.com:
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service/purchase of the following goods (*)
— Ordered on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only in case of paper communication)
(*) Delete where inapplicable
§10 Consumer dispute resolution
The manufacturer does not participate in dispute resolution proceedings before a consumer arbitration board.