TERMS OF SERVICE
For the purpose and to the extent of these Terms of Service the following definitions shall apply:
Reservation Fee means the fixed fee payable by you to us for the provision of the Services (as defined below) in respect of each and every Vehicle (as defined below) the exact amount of which is referred to on the Site and which thereafter will be included into the final price of the Vehicle, if actually acquired by you;
EVmotors, we, our or us means UAB EVmotors.eu, a private limited liability company duly incorporated and existing under the laws of the Republic of Lithuania, company code 305951887, having its registered address at Dariaus ir Girėno g. 21A, Vilnius, Lithuania, the data of the company are being collected and stored at the Register of Legal Entities of the Republic of Lithuania, e-mail: firstname.lastname@example.org , Tel. No.: 864024547;
Platform means a digital system developed by EVmotors and accessed through the Site which mainly serves to present and advertise the Vehicles (as defined below) being offered for sale and supplied by various Suppliers (as defined below);
Terms of Service means these Terms of Service which regulate the contractual relationship between you and EVmotors in relation to the order, acquisition and provision of the Services (or any part thereof) and/or registration for the Test Drive;
Right of Cancellation means the right to terminate these Terms of Service and further provision of the Services (if any) as per the terms and subject to consequences set forth herein;
User, you or your means any natural person who has created the Use's Account (as defined below) on the Site thus making the conditions to order and acquire the Services accessible through the Site, and/or register for the Test Drive, as well as to use further functionalities thereof;
Use's Account means a personal virtual account on the Site, which you create and open when you register to become the User thus enabling you to get access and to use further functionalities of the Site, which are only available to the registered users of the Site;
Services mean intermediation, assistance and coordination type of services that may be provided by EVmotors to the User as per the Terms of Service in order to assist the User in potentially acquiring the selected Vehicle from relevant Supplier;
Site means the website www.evmotors.eu and all related sub-domains of this website;
Supplier means Vehicle dealer or commercial Vehicle supplier who offers Vehicles for sale as advertised through the Platform at its request.;
Test Drive means a test drive of a particular Vehicle in order for you to be able to examine and evaluate its performance;
Vehicle means an automotive vehicle that uses one or more electric motors for propulsion which is presented and advertised on the Platform.
- Any other terms used in these Terms of Service and not explicitly defined herein, shall have the meanings provided in the Site Usage Policy available on the Site.
- In case of discrepancies between the terms of these Terms of Service and the Site Usage Policy, the terms of these Terms of Service shall prevail and shall be applied.
- For the purpose and to the extent of these Terms of Service the following definitions shall apply:
BINDING AGREEMENT BETWEEN YOU AND US
These Terms of Service shall be regarded as a binding agreement remotely concluded between you and us. Such binding agreement shall be deemed duly concluded each time when through your User's Account you:
- register for the Test Drive; or
- select the Vehicle for acquisition and, accordingly, order the Services.
- EVmotors reserves the right to modify these Terms of Service and/or any part of the Official Rules and/or information/materials contained on the Site at any time and without separate notice to you. Subsequent changes to the Terms of Service and/or any part of the Official Rules normally serve to improve the functionalities and overall performance of the Site. Changes can also be necessary due to changes in applicable legislation and/or the implementation of laws and unforeseeable changes that EVmotors does not initiate and on which has no influence and which would – without adjusting or adding to the Terms of Service and/or any part of the Official Rules – make the execution of this agreement more difficult or impossible. For avoidance of doubt, the User shall be bound by the Terms of Service which were applicable at the time of ordering the Services and/or registering for the Test Drive, unless mandatory legal acts require otherwise. All the revised and outdated Terms of Service, with links to the revised and amended Terms and Service, are provided for your ease reference on the Site.
- Any deviations from these Terms of Service applicable namely and exclusively to you need to be agreed in writing between you and EVmotors by concluding separate written agreement which shall automatically be regarded as an integral and inseparable part hereof. Otherwise no deviations from these Terms of Service shall be applied.
- You agree and undertake to duly cooperate with EVmotors to carry out the purposes and intent of this agreement, including, but not limited to, the execution of further documentation and delivery of necessary information.
- In case you have any questions/uncertainties regarding the Services and/or the registration for the Test Drive, EVmotors highly recommends you to contact us prior to any purchase of the Services and/or registration for the Test Drive in order to solve any uncertainties and thus avoid any misunderstandings. We will put commercially reasonable efforts to provide you with the requested assistance in a timely manner.
- These Terms of Service shall be regarded as a binding agreement remotely concluded between you and us. Such binding agreement shall be deemed duly concluded each time when through your User's Account you:
PROVIDING THE SERVICES
- EVmotors undertakes to provide you with the Services only upon receipt of full payment of the total Reservation Fee once you select the Vehicle presented on the Platform for acquisition form the Supplier and, accordingly, perform all other required steps on the Platform and select the terms of acquisition of the Vehicle following the instructions contained therein, including but not limited to, select all the requested specifications/modifications of the Vehicle (if available), select the place of the Vehicle delivery, select the acceptable method of the payment for the Vehicle to the Supplier, etc.
- You will be able to see the status of the Services and other relevant details related thereto (if any) at any time after logging in to your User's Account.
- Payment for the Services shall be made by the User following the terms and conditions specified in Section 6 hereof "Pricing, Payment Methods and Invoicing".
- You shall be deemed to have purchased the Services at the moment the full Reservation Fee payable for the Services is credited to our bank account. The payment status will be available for your review at any time after logging in to your User's Account.
- By acquiring the Services and paying the Reservation Fee, you agree and give your unconditional consent to EVmotors to start providing the Services immediately upon receipt of the Administration Fee and without waiting for the 14 (fourteen) calendar days term set forth in the Clause 1 hereof to expire.
When you acquire the Services as described herein and following the instructions available on the Site, you automatically and unconditionally confirm that:
- you have carefully read these Terms of Service and agreed to be bound by this document;
- you agree with the terms, conditions and methods for providing the Services as set forth herein and on the Platform;
- acquisition of the Services hereof, does not assure or otherwise guarantee your actual acquisition of the Vehicle from the Supplier and/or that the Vehicle will be acquired under particular conditions, including payment conditions, you may desire and / or select on the Platform;
- you understand and agree that EVmotors does not sell Vehicles and does not offer any Vehicles for sale, lease or otherwise, including the delivery of such Vehicles, neither via the Platform nor via any other channel, and does not perform other activity with regards to the sale, lease and / or delivery of the Vehicle, except for the Services which cover only the establishment of a communication between you and the Supplier as well as technical coordination and administration of the acquisition of the Vehicle by you from the Supplier through conclusion of a separate Vehicle sale-purchase agreement between you and relevant Supplier;
- you understand and agree that EVmotors does not provide advice or consultation on the Vehicles, including their quality or technical abilities, and does not assume any liability for accuracy of information on the Platform, including Supplier's claims / information, as may be published on the Platform from time to time;
- you understand and agree that the Suppliers act as independent entrepreneurs and their decisions, actions and business activities are not under control of EVmotors;
- you understand and agree that in case you purchase the Vehicle from the Supplier in connection with or as a result of the Services hereof, EVmotors shall not be responsible and liable for the quality of the Vehicle and actual terms of acquisition of the Vehicle, which are and shall always be the matters to be dealt upon directly between you and the Supplier;
- you understand and agree that the final binding Vehicle sale-purchase agreement between you and the Suppler (if any) will not be concluded via the Platform, but at the location and in the manner and method selected by you directly on the Platform, unless otherwise subsequently agreed between you and the Supplier with the possible administrative assistance of ours;
- you are able and have all the required rights necessary for the acquisition of the Services and subsequent possible acquisition of the Vehicle from the Supplier;
- you understand and agree that EVmotors only operates and maintains the Platform where the Suppliers can present and advertise their Vehicles available for sale. For this purpose, the Suppliers themselves transmit the information with respect to the Vehicles to EVmotors and, therefore, the Suppliers alone (and not EVmotors) are responsible for the content thereof, including the accuracy and completeness of information about any specific Vehicle;
- you understand and agree that any Vehicle advertisement presented on the Platform is solely for the purpose of your review and assessment and, therefore, does not automatically constitute an offer for you to purchase a Vehicle;
- you agree that in case you request for financing of acquisition of a Vehicle when ordering the Services (provided such option is available), EVmotors will only act as a coordinator for you to receive a non-binding offer for financing and, therefore, the Services to be provided by EVmotors with this respect will only cover the administration of the financing details and communication on behalf of you and the financing company until a specific financing agreement is concluded (if any), to which EVmotors will not be a party;
- you understand and agree that to the extent of these Terms of Service, EVmotors neither provides you with financial services or advice, nor acts on behalf of potential financing party or you;
- you understand and agree that EVmotors may only arrange communication between you and potential financing party and, therefore, all decisions, including a decision to agree or disagree with any proposed financing conditions, are exclusively up to you and at your sole risk and expense;
- you understand and agree that EVmotors cannot and shall not ensure the financing for the acquisition of the Vehicle (if so requested by you) to be provided to you. The decision of financing your acquisition of the Vehicle is upon sole discretion of a financing party and does not relate to the actions or inactions of EVmotors hereunder. EVmotors shall in no case be liable to you if any potential financing party rejects your request for financing;
- you agree and undertake to provide EVmotors with true, accurate and complete information and documents that may be reasonably requested from time to time by EVmotors with respect to proper provision of the Services and to enable you to purchase a Vehicle from a selected Supplier.
- By acquiring the Services hereunder, you confirm your consent to the provision of the Services (including the methods thereof) being in the sole discretion of EVmotors. As a result, EVmotors, among other things, reserves the right to change, modify, add, delete or cancel any content offered / presented on the Site, including the advertisements with the Vehicles for sale (any part thereof), without giving any reason or notice to you. In case a certain Vehicle with respect to which the Services have been requested and the Reservation Fee has been paid by you, is removed from sale on the Platform or otherwise is unavailable for acquisition by you from the Seller due to reasons non-attributable to you, EVmotors agrees to refund the Administration Fee within 14 (fourteen) calendar days from receipt of your request.
- The Services shall be regarded as fully and duly completed by EVmotors when:
- you are provided (via e-mail or directly on the Site through using your User's Account) with the initial drafts of the documents to be executed/signed by you for the completion of acquisition of the Vehicle for your review; and
the technical terms and details of the Vehicle delivery and signing of the transaction documents referred to in point a) above, which reasonably are in the capacity of EVmotors and to the extent of its Services to be provided hereunder, are arranged and set.
For avoidance of doubt, the completion of the Services does not and shall not depend on your actual acquisition of the Vehicle form the Supplier.
RIGHT OF CANCELLATION AND REFUNDS
- You are able to exercise the Right of Cancellation and request for a full refund from EVmotors within the term of 14 (fourteen) calendar days, beginning with your acceptance of these Terms of Service and payment of the Reservation Fee.
- If you exercise the Right of Cancellation after expiry of the above stated 14 (fourteen) calendar day period without the fault of EVmotors, you shall have no right to a refund of the Reservation Fee.
- By accepting these Terms of Service, you agree that you will lose the Right of Cancellation and your right to a full refund once the Services are deemed completed as per the Clause 8 hereof.
- Should you wish to exercise the Right of Cancellation as set forth herein, you must contact EVmotors by sending a free-form e-mail at: email@example.com and provide EVmotors with related material information necessary for the requested cancellation, including, your contact information and description of the Services requested for cancellation. In case additional information is reasonably needed in order to fulfill your Right of Cancellation as per your request, EVmotors will contact you with no unreasonable delay.
- If in the sole discretion and opinion of EVmotors, you exercise the Right of Cancellation in a malicious or otherwise inappropriate manner, EVmotors reserves the right to terminate your Use's Account and to refuse all and any Services.
- EVmotors may exercise the Right of Cancellation and stop providing the Services at any time with an obligation of a full refund of the Reservation Fee to you unless it is due to your breach of your obligations hereunder, i.e. obligations, the fulfillment of which is a prerequisite for the proper execution of the agreement hereunder.
- We will refund the Reservation Fee within 14 (fourteen) calendar days upon your request if you are not offered with an acceptable financing option for purchasing a Vehicle of your choice. In such case, EVmotors will stop providing the Services.
- In case of a refund of the Reservation Fee hereunder, it shall be made in the same manner and through the same means as it was paid, unless otherwise clearly agreed between you and us.
- If we stop providing the Services per your request and such request is not attributable to our breach of these Terms of Service, we shall have a right to demand that you compensate our costs and expenses incurred in connection to the provision of the Services prior to receipt of your request to stop providing the Services, provided this is permitted under applicable law. For avoidance of doubts, the compensation discussed hereunder, shall not exceed the amount of the Administration Fee paid by you with respect to the terminated Services. You explicitly agree that EVmotors shall have a right to set off its claims towards you against your claims towards us (including your right to request for a refund, if any), upon our sole discretion and with prior notice to you.
- The exercise of the Right of Cancellation described herein which constitutes the termination of these Terms of Service shall not affect the rights and obligations set forth in Clauses 7, 8, 9 hereof and which shall survive termination of these Terms of Service for any reason and shall continue to apply. In addition to this, the rights and obligationsunder these Terms of Service that by their nature would continue beyond terminations of these Terms of Service shall also survive any such termination and remain valid and applicable.
REGISTRATION FOR A TEST DRIVE
- The Platform also acts as a digital tool for registration for a Test Drive, if this option is made available and offered by the Suppliers with respect to certain models of the Vehicles. Subject to your order, we may help you arrange a Test Drive which is organized and performed by third parties e.g. the Supplier of Vehicle, its designated party, etc., depending on certain Vehicle selected by you therefor.
- You can register for a Test Drive as per instructions available on the Site. The registration for a Test Drive is free of charge. You may be registered for only 1 (one) Test Drive of the same Vehicle model at a time.
- You are allowed to change the details of your registration for the Test Drive, including the date, time thereof, directly through your Use's Account, if so technically allowed, and as per the instructions and requirements available on the Site.
- Please note that you will be able to see the status of your registration for the Test Drive, including its acceptance or rejection, and other relevant details thereto (if any) at any time after logging in to your Use's Account. However, if you have any questions/uncertainties with respect to the test Drive, you are free to contact us at firstname.lastname@example.org or directly through the Site (if technically available). We will put our commercially reasonable efforts to provide you with the requested assistance without undue delay.
When you register for the Test Drive as per terms and conditions provided herein and following the instructions available on the Site, you automatically and unconditionally confirm that:
- you have carefully read these Terms of Service and agreed to be bound by this document;
- you agree with the terms, conditions of the Test Drive as set forth herein and provided on the Site;
- you agree to arrive for the Test Drive as per terms of the registration, if the registration is approved (you can check your registration status by logging in to your Use's Account);
- you agree and undertake to inform EVmotors at email@example.com or directly through the Site (if technically available) within the shortest term possible if you are unable to arrive for the Test Drive as per terms of the approved and valid registration;
- you are legally entitled to drive a car, i.e. you have or on the date of the Test Drive will have a legally issued valid drive's licence suitable for driving a Vehicle with respect to which you registered for the Test Drive;
- you agree in advance to provide a copy of your drive's licence to the Supplier (or its designated person) as well as additional related documents, if so requested by the Supplier (or its designated person) for the purpose to perform the Test Drive;
- you understand and agree that EVmotors does not arrange and/or perform the Test Drive, as to this extent EVmotors provides you with a digital tool to register for the Test Drive which is actually arranged and performed by a third party;
- you understand and agree that EVmotors acts solely and exclusively as at technical administrator of your registration for the Test Drive;
- you understand and agree that your registration for the Test Drive does not automatically confirm that you will be able to have the Test Drive you have registered for. EVmotors is not and shall not be responsible and liable if a third party actually arranging the Test Drive does not accept or later cancels your registration for any reason;
- you understand and agree that EVmotors is not responsible for the safety of the Vehicle or its driver (including passengers, if any) and does not take any liability in connection thereto;
- you understand and agree that EVmotors shall in no case be liable for any damages and losses of whatsoever nature incurred by you or any third party arising out of in connection to the Test Dive and, to the extent permitted by applicable legal acts, shall not be liable for your or any third party's personal injury or death
PRICING, PAYMENT METHODS AND INVOICING
- Unless otherwise stated herein or directly on the Site, the Reservation Fee, if payable, shall be paid in Euros.
- The User, seeking to acquire the Services hereunder, is solely responsible for paying all charges and fees payable for that particular Service in a manner of a payment accepted on the Site and following the payment instructions available on the Site.
- You shall be solely responsible for any charges applied by your bank or the bank account of the recipient in connection to the payment of the Reservation Fee.
- EVmotors reserves the right, to exclude certain payment methods or to include additional ones on the Site at its own discretion and at any time and with no notice to you.
- After each purchase of the Services, EVmotors will provide you with an electronic invoice which will be sent to you directly to your Use's Account and/or e-mail provided by you when creating or updating your Use's Account. In case you do not receive an electronic invoice within 14 (fourteen) calendar days upon the payment, you are expected to contact EVmotors at firstname.lastname@example.org
- EVmotors gives no guarantee or warranty to the User that acquisition of the Services hereunder will actually result in the Use's acquisition of the Vehicle or acquisition of the Vehicle under the specific conditions initially desired and/or requested by the User.
- EVmotors gives no guarantee or warranty to the User that registration for the Test Drive will actually result in the Test Drive to occur or that the Test Drive will be satisfactory to the User or otherwise acceptable to the User.
- With regards to the content of the advertisements of the Vehicles presented for sale on the Platform, EVmotors exclusively reproduces information established and provided by the Suppliers. Therefore, EVmotors is not responsible and liable for the content of the technical details, attributes or any other specifications and information pertaining to the Vehicles that are presented on the Platform. Taking this into account, EVmotors shall in no case be liable to the User or any other third party for any losses and/or damages of whatsoever nature incurred in connection to or as a result thereof.
- With regards to financing for acquisition of a Vehicle, EVmotors does not provide any financing services, including any financial advice or consultations, and, therefore, is not liable to you or any third party for the actual financing conditions and / or any consequences thereof.
- Without prejudice to any rights that EVmotors has under these Terms of Service and/or applicable law, should the User breach any of its obligations under these Terms of Service (or any part thereof), EVmotors reserves the right to suspend the Use's access to the Platform immediately, upon becoming aware of any such breach committed by the User, at its sole discretion and without incurring any liability. Such suspension shall be cancelled by EVmotors within a reasonable period of time and if technically possible once the breach is duly cured by the User at the sole risk and expense of the User.
- EVmotors liability in case of its use of the Right of Cancellation shall in no case exceed the amount of the Reservation Fee paid by you prior to use of such right (if any).
- EVmotors shall be liable against the User for direct damages caused to the User in connection with the performance, non-performance or improper performance of the Services due to the gross negligence or wilful misconduct of EVmotors, its directors, officers, employees, agents. EVmotors shall in no case be liable for any special, incidental, consequential, punitive or indirect losses howsoever arising, except where such limitation of liability is explicitly prohibited by applicable legal acts. You agree that EVmotors shall not be deemed to be at fault as a presumption and, therefore, you will bear the burden to prove we are at fault in each case you seek for our liability.
- The User agrees and undertakes to hold forever harmless and indemnify EVmotors from and against all and any claims, pretences and/or demands brought by any third parties arising out of or in connection with this agreement concluded between you and EVmotors, unless such claims, pretences and/or demands are due to the established and proved gross negligence or wilful misconduct on the part of EVmotors.
THIRD PARTY WEBSITES
- The Site itself or third parties may provide links or other access to other websites and resources on the internet from the Site. You confirm your understanding and agree that EVmotors has no control over such websites and resources and EVmotors is not responsible for and does not endorse such websites and resources.
- You further acknowledge and agree that EVmotors will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such website or resource. Any dealings you have with any third parties found while using the Site or any content available on the Site are between you and the third party, and, therefore, you agree that EVmotors is not and will not in any case be liable for any loss or damage that you may incur in this regard.
GOVERNING LAW AND DISPUTE RESOLUTION
- These Terms of Service are governed by and shall be construed in accordance with the laws of the Republic of Lithuania.
- All and any disputes arising out of or related to these Terms of Service shall be aimed to be resolved through amicable mutual negotiations between you and EVmotors.
- If no agreement between you and us is reached within 14 (fourteen) calendar days upon receipt of your written request/claim or if you do not agree with the response of EVmotors to your written request/claim, you are reminded that you have a right to apply to the State Consumer Rights Protection Authority as a body for the consumers disputes settlement in the Republic of Lithuania., address: Vilnius g. 25, LT-01402 Vilnius, the Republic of Lithuania, tel. No.: (8 5) 262 6751, fax (8 5) 279 1466, e-mail: email@example.com. website: http://www.vvtat.lt (as well as to the territorial subdivisions of the State Consumer Rights Protection Authority in counties), or you can fill the application on the electronic dispute resolution platform http://ec.europa.eu/odr/. Your application to the State Consumer Rights Protection Authority shall not deprive you from the right to apply to the competent Lithuanian court located in Vilnius, Lithuania.
- We kindly welcome your suggestions, ideas, comments, and other feedback regarding the Services and/or your overall experience on the Site (the Feedback). By submitting any Feedback, you automatically grant us the right to anonymously use your Feedback without any restriction or any compensation to you. By accepting your Feedback (if any), EVmotors does not waive any rights to use similar or related Feedback previously known to EVmotors, developed by our employees, contractors, or obtained from other sources.
- Should any or several provisions of these Terms of Service be ineffective, the effectiveness of the Terms of Service as a whole document and the effectiveness of the other provisions shall remain unaffected. The ineffective or unfeasible provision shall, insofar as legally permissible, be deemed to be replaced by a legally effective provision which corresponds as closely as possible to the commercial intent and purpose of the ineffective provision. The same is valid for possible omissions in regulations.
- The failure of EVmotors to exercise or enforce any right or provision of these Terms of Service and/or the applicable legal acts does not automatically constitute a waiver of such right or provision.
- Any information relating to these Terms of Services may be exchanged between you and us electronically, and such exchange of information will be considered appropriate and treated in the same way as written communication and documents.
- If you have any questions or need any assistance regarding these Terms of Service, please contact EVmotors via the following e-mail: firstname.lastname@example.org or by sending a message directly on the Platform through using your User's Account (if technically available). EVmotors will put commercially reasonable efforts to respond to you and provide you with necessary assistance.
- These Terms of Service are effective as of: 2022.05.06.