1. Applicability

These are the General Terms and Conditions (“General Terms”) of Zero Motorcycles B.V. (“Zero”), having its office at (1723HW) Oester 12, Noord-Scharwoude (the Netherlands), registered with the Dutch Chamber of Commerce under the number 37162492. Zero can be contacted at shop.eu@zeromotorcycles.com 

1.1. These General Terms apply to all offers made by Zero and to all agreements concluded online  between Zero and a customer.

1.2. Any reference to a customer in these General Terms, includes consumers as well as other customers concluding an agreement with Zero, unless the article states otherwise. In each case however, the stipulations regarding customers shall only apply to consumers if and to the extent those stipulations are not in conflict with any compulsory consumer laws. &nbsp

1.3. The applicability of any general terms used by the customer is explicitly dismissed, also in the event of any prior reference to or declaration that customer’s own terms apply.

1.4. If the agreement is concluded electronically the customer will be provided with the text of these General Terms electronically, in such a way that the customer can easily store them on a durable data carrier. If this is not reasonably possible Zero will indicate where the General Terms can be inspected electronically and that at their request they will be sent to the customer free of charge, either electronically or otherwise. 

1.5. Deviations from these General Terms may be agreed only in writing and shall apply only once they have been explicitly confirmed to customer in writing by the legally authorized representative of Zero. 

1.6. Zero reserves the right to amend these General Terms at any time. The general conditions that applied on the date of conclusion of an existing agreement continue to apply to that agreement, unless agreed otherwise in writing.

 

2. Offers and the conclusion of agreements

2.1. The offer (on the webshop of Zero) contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer. The description includes product specifications, pricing, delivery information and reference to any applicable terms (such as these General Terms).

2.2. If an offer is subject to a limited period of validity or is made subject to additional conditions (besides these General Terms), this will be explicitly mentioned in the offer.  

2.3. Customers are required to place orders through the online ordering system available on the webshop of Zero. By accepting an offer and thereby submitting an order, the customer confirms that all provided information is correct and complete.

2.4. An agreement with Zero is concluded, only if the customer accepts the offer and the applicable conditions by placing an order and if Zero has confirmed the customer’s order through a written confirmation (by e-mail or otherwise). 

2.5. The content of an agreement between the parties is determined exclusively by the relevant statements in the order confirmation and by the provisions of these General Terms. 

2.6. The agreement shall, at a minimum, contain the following elements:

• a clear description of the ordered Products and/or services;
• the total prices and any additional costs (e.g. delivery fees, taxes);
• the delivery terms, including the estimated delivery date and method;
• the rights of the customer, such as applicable consumer rights;
• reference to the applicable conditions (such as these General Terms). 

2.7. With agreements, deliveries and engagements for which Zero has not issued a written confirmation of engagement, the invoice or delivery note sent by Zero shall at the same time be regarded as confirmation of engagement, which shall also be considered to reflect the agreement accurately and fully.

2.8. When ordering through the webshop of Zero, customers will have the opportunity to choose their preferred dealer for collection of the Products. The preferred dealer will inform the customer about the delivery of the Products and will take care of the actual delivery and any related services in relation to the Products.

 

3. Price changes & payment

3.1. In the event of changes to rates and/or (other) factors that determine prices, such as exchange rates, wages, taxes, import and export duties, expenses, freights and similar changes after an offer from Zero or an order from the customer, Zero shall be entitled to adjust the rates or prices in accordance with and with regard to the mandatory provisions in this case, regardless of whether Zero could have foreseen the change at the time of the offer or the order. Zero shall provide the customer with sufficient advance notice of price changes.

3.2. The rate changes meant in the previous section do not entitle the customer to cancel, terminate or dissolve the agreement in any way.

3.3. If the customer is a consumer Zero shall only be entitled to adjust the rates or prices when the prices increases are the result of statutory regulations or stipulations.    

3.4. The customer must use the payment methods offered by Zero in the online ordering process on the webshop. If Zero offers partial prepayment, and the customer is in default of any outstanding amounts, Zero claims the statutory interest applicable to the agreement. 

3.5. Until full payment has been received all products shall remain the exclusive property of Zero.

4. Supply and delivery times

4.1. The preferred dealer shall notify the customer (on behalf of Zero) when the products are ready to be collected at the location of the preferred dealer. The customer will agree upon a date of delivery with the preferred dealer. 

4.2. Stated delivery times on confirmations or otherwise will always be an estimate and are never to be regarded as strict deadlines, unless agreed otherwise in writing. For timely delivery, Zero is dependable on third party suppliers and the accompanied delivery times. If any suppliers are delayed in the performance of their delivery and this will affect the agreement with the customer, and more specifically the delivery time, Zero shall inform customer.

4.3. The (estimated) delivery time shall commence only once all of the following conditions have been met: (i) the agreement has been concluded; (ii) Zero has received all necessary information for the proper execution of the agreement; and (iii) any payment has been made (to the extent required from the customer upon concluding the agreement).

 

5. Liability and indemnification

5.1. Except in cases of intent (‘opzet’) or wilful recklessness (‘bewuste roekeloosheid’) on its own part or its supervisors, Zero is not liable for any damages, of any nature at all, suffered by the customer, its employees or any third party as a consequence of the products supplied by Zero not being fit for their purpose or being defective, or for damages resulting from advice from Zero concerning those products, as well as for damages arising from untimely, incorrect or incomplete delivery of the products concerned.

5.2. In the event that it is established by law that Zero, despite the provision in the previous section, is liable for these damages, any subsequent compensation shall in no event exceed the amount that its insurance would pay out or, if there is no insurance cover, for whatever reason at all, to the invoice value of the products provided in relation to its liability. 

5.3. The provisions in (1) through (2) concern both the contractual and the non-contractual liability of Zero, including product liability.

5.4. The customer shall indemnify Zero from any claims by third parties, including its employees, representatives or sub dealers, concerning damages for which Zero has excluded and/or limited liability toward the customer. 

5.5. The aforementioned limitations of Zero’s liability does not apply to agreements concluded with consumers.

 

6. Warranty

6.1. Unless agreed otherwise in writing, the applicable warranty (usually the Limited Warranty as defined in the applicable Owner’s Manual) shall only cover, at Zero’s choice, repair or replacement of the products concerned, or crediting of the invoice amount. All damages, both direct and indirect, arising from the products supplied by Zero being unfit for their purpose or defective, are excluded from the warranty. 

6.2. Claims under the warranty shall lapse, if the products have not been used in accordance with the standards, guidelines and instructions of Zero (in particular,  but not limited to the Owner’s Manual), and if used for purposes other than for which the products were intended, or if treated, stored or used improperly.

 

7. Third parties

7.1. Zero shall be entitled to have services performed by third parties in the performance of agreements, such as the actual delivery by the preferred dealer.

7.2. Zero may at any time transfer its rights and/or duties arising from the agreements with the customer entirely or in part to a third party or offer them as security in some way, for which the customer already grants permission in such an event.

 

8. Use of the webshop

Zero provides a webshop for the possibility to place orders online. Customers can access the webshop via the internet. 

No guarantees can be provided concerning the correct working and uptime of the webshop. Zero will however provide reasonable commercial efforts in order to provide the correct working and sufficient uptime of the webshop to the extent Zero deems fit. 

Zero will provide a reasonable level of support to customers by making any relevant instructions for customers available online. If the instructions made available are insufficient, the webshop is not working properly, or customers have any other complaints or questions customers may contact Zero’s helpdesk via click to edit. 

The processing of personal data involved in order for Zero to be able to grant access to its webshop and execute the orders placed by customers, shall be in accordance with its privacy policy which can be consulted here. 

The customer is responsible for the completeness and correctness of all data provided to Zero.

 

9. Applicable law and jurisdiction

9.1. All agreements concluded with Zero to which these General Terms apply are exclusively subject to and construed in accordance with Dutch law. The United Nations Conventions on Contracts for the International Sale of Goods and similar conventions are not applicable. 

9.2. Any disputes arising from the agreements concluded between Zero and the customer, including these General Terms, will be settled exclusively by the competent court of Amsterdam, the Netherlands. If the customer is a consumer the competent court will be the court of the place residence of the consumer.

 

ADDITIONAL TERMS & CONDITIONS
for online sales to consumers

1. Applicability

1.1. These additional Terms & Conditions (‘Additional Terms’) apply to all online sales to consumers, through the webshop of Zero Motorcycles B.V. (‘Zero’). 

1.2. Consumers will mean consumers in the sense of the Dutch Civil Code (DCC), this is any natural person who is acting for purposes which are outside his trade, business, craft or profession. 

1.3. These Additional Terms do not apply to any services related to the products.

 

2. The agreement

If the agreement is concluded electronically with a consumer, Zero will confirm receipt of the order as soon as possible. 

If the agreement is concluded electronically, Zero will take suitable technical and organizational measures to secure the electronic transfer of data and Zero will ensure a safe web environment. If the consumer is able to pay electronically, Zero will take suitable security measures.

 

3. Instructions for the right of withdrawal 

3.1. Consumers have the right to dissolve an online agreement within fourteen (14) days, without stating any reasons.  The right of withdrawal expires after fourteen (14) days from the actual delivery of the products. 

3.2. To exercise the right of withdrawal the consumer should inform Zero about this decision. The consumer can use the withdrawal form (Annex 1)  as provided by Zero, inform Zero about the withdrawal through the webshop  or in some other unequivocal way. 

3.3. During the withdrawal period, the consumer shall treat the products and, if applicable, its packaging with care. The consumer shall only unpack or use the products as far as necessary in order to assess the nature, characteristics and efficacy of the product. 

3.4. The consumer is liable for any devaluation of the products that is a consequence of more intensive usage then necessary in accordance with the previous article 3.3.

 

4. Consequences of withdrawal

4.1. If the consumer evokes its rights of withdrawal, Zero will reimburse the customer as soon as reasonably possible, after the products have been returned by the consumer and received by Zero (through the preferred dealer).  

4.2. Reimbursements will be made through the same payment method as used for the original transaction, unless explicitly agreed otherwise. 

4.3. The consumer will return the products to the preferred dealer within fourteen (14) days after invoking its right of withdrawal. 

4.4. The consumer returns the products, for its own expense and risk, with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions as provided by Zero and the preferred dealer.  

4.5. Zero may withhold reimbursement until the preferred dealer has received the products back or the consumer has supplied evidence of having returned the products, whichever comes first.