Terms & Conditions

General Terms & Conditions for sale of Noordung Angel Edition

THESE GENERAL TERMS AND CONDITIONS APPLY FOR THE CONCLUSION OF DISTANCE SALES CONTRACTS BETWEEN SELLER AND BUYER FOR ELECTRIC BICYCLE NOORDUNG SERIES ANGEL EDITION ON WEB SITE WWW.NOORDUNG.COM.

I. Definition

Seller: Noordung, urbana kolesa d.o.o., Mesarska cesta 12, 1000 Ljubljana, Slovenia, VAT number: SI81921837, registration number: 6998801000, IBAN: SI56 0310 0100 3156 252 / SWIFT SKBASI2X, opened at bank SKB d.d.

Buyer: A natural or legal person who concludes a contract with Noordung d.o.o. for the sale of electric bike prototype series "Angel Noordung Edition."

Product or. subject of purchase: Electric bicycle series Noordung Angel Edition, as seen on the web site www.noordung.com. All photographs of the product are to be regarded as illustrative. Photographs do not guarantee product properties.

Series "Angel Edition": Exclusive miniseries of 15 bicycles from brand Noordung, developed from a prototype bicycle Noordung N-02, as presented on the site www.noordung.com. Bicycle series Angel Edition is a prototype bicycle, for which the Seller has designed, planned and constructed a frame made of carbon composites and its own innovative solution of multifunctional "Boombox", also made of carbon fiber composites, which combines lithium-ion batteries to power the electric engine and charging a variety of electronic devices via USB, speakers and appropriate electronics which controls the operation of the electric engine and allows connection of a smartphone via Bluetooth® technology.

Price, VAT: The price of the product i.e. prototype bike Noordung from the series "Angel Noordung Edition" is stated on the web site www.noordung.com and in the sales contract. The price is expressed in nett Euros. Value added tax (VAT) shall be charged if applicable according to valid legislation (subject to changes):

- for natural persons with residence in Slovenia or other EU countries VAT is charged;
- for legal persons with registered seat in Slovenia VAT is charged;
- for legal persons with VAT ID number with registered seat within the EU VAT is not charged (companies in EU are subject to the reversed VAT rule);
- for natural or legal persons with residence / registered seat outside EU VAT is not charged (it may be charged at customs, which the cost of Buyer).

Price does not include any customs duty, if applicable.

Consumer: The consumer is a natural person who buys a product for purposes which are not for his/hers professional activity or economic purposes.

II. Order submission, conclusion of contract, delivery

Order submission: The Buyer submits the order for the product on the site www.noordung.com. On the website Buyer fills out a form with personal data or. States the data of a legal person (name, surname, respectively company name, tax identification number, email address, city, country, phone); the Buyer also enters the delivery address and choses method of delivery. Buyer confirms the order for the product by partial payment of the purchase price in a fixed amount of EUR 800,00 via the payment service Paypal®.

Conclusion of the contract and payment of the purchase price: After the partial payment of the purchase price in the amount of EUR 800.00, the Seller shall send to the Buyer via email a sales contract containing Buyers’ data, together with these general terms and conditions and a pro-forma invoice for the payment of remaining part of the purchase price. The Buyer is obliged to print, sign and send back to the Seller two copies of the sales contract within 7 days after receiving it.

In addition, the Buyer must within 7 days pay on the Sellers bank account no. IBAN SI56 0310 0100 3156 252 / SWIFT: SKBASI2X (SKB d.d.) the remaining part of the purchase price (the second part of the purchase price) and send proof of payment by e-mail to: payment@noordung.com. Following the receipt of the sales contract signed by the Buyer and the receipt of the remaining part of the purchase price, the Seller shall sign the Contract and send it along with the final invoice to Buyer's address. The contract shall be deemed to have been concluded after it is signed by the Buyer and the Seller and after the Buyer has fully paid the price for the product. The contract is concluded for a fixed period i.e. until the date of delivery of the product.

If within 30 days from the date of the submitting the order, the Seller does not receive a copy of a signed sales contract and/or the remaining part of the purchase part has not been paid, it shall be deemed that the Buyer has canceled the order, and the Seller shall return to the Buyer all, if any already paid purchase price within 14 days via bank transfer to the bank account of the Buyer. In such event, after the expiry of the 30th day from the date of the submitting the order, the Seller shall contact the Buyer in order to communicate Buyers’ bank account for repayment of sums.

Methods of payment: The Seller offers the option of paying the first part of the purchase price via the payment service Paypal® and the second part of the purchase price via bank transfer to the bank account of the Seller: IBAN SI56 0310 0100 3156 252 opened at bank SKB d.d. / SWIFT: SKBASI2X

Delivery of the product, invoice: The seller is obliged to deliver the product after the Buyer has paid full purchase price for the product. The product is not in stock; it will be supplied based upon the order. The Seller shall deliver the product within the time limit as specified in the sales contract respectively in period of maximum four months from the date of conclusion of the contract. It is considered that the delivery has been on time if the first attempt of delivery at the Buyers’ address has been carried out in the time period specified within the previous sentence. The Seller shall issue an invoice for the product when the product will be finished and ready for delivery.

Method and place of delivery, acceptance of product: Delivery shall be made to the address indicated by the Buyer and specified in the sales contract. The Seller shall deliver the product to the Buyer in person by the director of Noordung d.o.o., Gregor Fras or other authorized person (applies only to delivery within the EU), or through an international delivery company UPS or other comparable delivery company. Upon acceptance of the product, Buyer signs the delivery note.

Costs of delivery: Delivery of the product within the European Union is free of charge. In case of wanted delivery to the countries outside the European Union, the Buyer shall contact the Seller via email before placing an order and the Seller shall inform the Buyer about costs of delivery. The cost of delivery shall also be specified within sales contract.

Customs duty: Within import of Product in countries outside the European Union, the product may be subject to customs procedures and duties. All costs related to customs procedures and duties are paid by Buyer.

Information about the product: Immediately after placing the order for the product, the Buyer will receive an email with contact information of the Sellers’ managing director in order to have the possibility to directly communicate with him. As of the date of the conclusion of sales contract, the Buyer shall weekly receive an e-mail with information about the activities of ordered product.

III. Warranty, liability for defects

The technical characteristics of the product, instructions for use: Technical specifications and instructions for use (user manual) for the product are enclosed to the product.

Warranty guarantee: The Seller gives a 1-year warranty for the product – bicycle Noordung Angel Edition. During the period of warranty the Seller offers free repair of defects, whereby the warranty applies only under normal usage of product. The warranty guarantee shall enter into force on the date when the product has been delivered to the Buyer.

Enforcing of warranty: In case of wanted enforcement of warranty the Buyer is obliged to act in accordance with the instructions as set out in the warranty sheet that comes with the product.

Features of bicycle, limitation of liability: Bicycle  Noordung series "Angel Edition" is a prototype bicycle which does not have the properties of the final product. Bicycle frame made of carbon composites and multifunctional "Boombox" have not been adequately tested and certified, therefore the Buyer is obliged to handle a bicycle with extreme caution and should not be expose it to extreme situations and limit conditions; in case of any defects or damage the Buyer must immediately contact the Seller, since only the Seller is properly qualified to eliminate defects. All components from other manufacturers, which are used in the product are properly tested and certified.

Responsibility of the Seller for defects: Seller is responsible for defects on the product. The provisions of the Code of Obligations shall apply for liability for defects; in the event that the Buyer is a natural person (“consumer”), the provisions of the Consumer Protection Act also apply.

The consumer may exercise his rights on defects, if he informs the Seller within two months from the date when the defect was discovered. The consumer must precisely describe the defect and enable the Seller to inspect the product. Defect notice must be made by consumer in writing to the Seller.Seller is not responsible for defects which appear after two years, since the product was delivered.

IV. Business secret

Professional secrecy: Buyer ensures that all information and documents (including eg. A business plan of Noordung d.o.o.) that he will acquire from the Seller, shall be considered as a business secret and Buyer will not forward such documents and information to any third party or publish it. The Buyer ensures that he will not personally nor via third party make a patent application for the solutions that are used on a bicycle Noordung "Angel Edition."

The Buyer ensures that he will not personally nor via third party apply for a trademark registration of “Noordung” or other names that are used by Seller, i.e. a company Noordung d.o.o.

V. Obligations of Buyer

Obligations of Buyer: (i) The Buyer ensures to treat the product in accordance with technical instructions (user manual) and that he will not alone, either with a help of a third party, open a multifunctional "Boombox" on the product; multifunctional "Boombox" on the product may only be opened by the Seller, otherwise the Seller may refuse to repair the product under warranty guarantee; (ii) The Buyer guarantees that he will not sell the product or otherwise dispose it to third party without the written consent of the Seller; in the case of intended sale of the product the Buyer must inform the Seller and the Seller has the exclusive pre-emptive right for the product; (iii) The Buyer guarantees to treat the product with caution and not to expose it to extreme situations (temperatures above 40 ° C or below 0 ° C, exposure to fire or hazardous substances); (iv) The Buyer ensures to provide maximum protection of the product against theft or misappropriation; (v) The Buyer ensures that the theft of the product shall be immediately reported to prosecuting authorities and Buyer shall do everything in his power to find of the product; (vi) The Buyer ensures to refrain from any negative public comments related to the product or Seller in general and to submit any potential criticism or comments exclusively to the Seller.

VI. The consumer's right of withdrawal

The consumer's right of withdrawal: the consumer has the right to withdraw from the contract within 14 days from the date of delivery of the product, without having to state a reason for his decision. To exercise the right of withdrawal, the consumer has to inform the Seller Noordung d.o.o., Mesarska cesta 12, 1000 Ljubljana, Slovenia, info@noordung.com of his decision with a clear statementt (eg. By a letter sent by post or e-mail). Statement relating to the enforcement of the consumer's right of withdrawal must be sent before the end of the withdrawal period. Purchased product must be returned to the address of the Seller no later than 14 days from the date when the consumer informed the Seller about his withdrawal from the sales contract. Product must be returned unused, undamaged, in original packaging with all accompanying documentation.If the consumer withdraws from the sales contract, the shall Seller no later than 14 days from the date of receipt of statement of withdrawal from the contract and provided that the Buyer has returned the product to the address of the Seller, reimburse to the Buyer all payments, except for the costs of returning the product to the Seller, which shall be borne by the Buyer. Seller shall reimburse payments by transfer of money to the bank account of the Buyer.

VII. Personal data protection

Personal data protection: The Seller shall for the services provided, collect, manage, process and store the following information about Buyer:

- name and surname,
- shipping address,
- e-mail address,
- contact telephone number,
- country of residence.

Personal data is processed by Seller in order to fulfill the order (invoicing, product delivery, other issues related to the order).

By placing an online order on www.noordung.com and by accepting of these general terms and conditions it is considered that Buyer gives explicit personal consent to the Seller for use and process of Buyers’ personal data. Based on Buyers personal consent the Seller may process personal data for the purposes mentioned above.

VIII. Legislation, dispute resolving

Legislation: These general terms and conditions and the sales contract for the product have been prepared in accordance with the legislation of the Republic of Slovenia.

Complaint procedure: The Seller has a system for dealing with complaints. The Buyer may send his complaint by e-mail on:  info@noordung.com. The Seller shall contact the Buyer regarding the compliant within 5 working days and submit him the reply to the complaint.

Dispute resolution: The Seller will try to settle any dispute with Buyer in an amicable manner. If an amicable settlement is not reached, all disputes between Buyer and Seller shall be settled by competent court in Ljubljana.

Settlement of consumer disputes: The Seller does not recognize any contractor as competent for out-of-court dispute settlement regarding consumer disputes, which the consumer may trigger in accordance with the Out-of-Court Resolution of Consumer Disputes Act.

The Seller therefore publishes an electronic link to the platform for online dispute resolution for consumer disputes (SRPS). The platform is available to consumers at the following web address.

 

Last update: November 28, 2016.