Conditions d'utilisation

These Terms of Sale (“Terms of Sale”) govern all transactions on fuell.us fuell.fr or fuell.eu (collectively this “Site”), for the FUELL Flluid, or other accessories between you the user (“You”) and FUELL Inc. and/or FUELL Europe GmbH (collectively “Fuell”).

Please read these Terms of Sale carefully before completing a transaction on this website. By completing a transaction on this website You agree to be legally bound by these Terms of Sale, the Terms of Service and other policies available on this Site.

Transactions available on this website (collectively “Transactions”)
You may conduct a transaction for the purchase of accessories, for the FUELL Flluid e-bike. These transactions are for the Purchase of products that are in stock and available for shipment within 5 business days (“Purchase” or “Purchases”). You will be charged the full price for your Purchase when your Transaction is processed by FUELL. Your placing of a Purchase constitutes your express agreement to FUELL charging the full price of your Purchase at the time your Transaction is processed.

You may conduct a transaction for the Pre-Order of a FUELL Flluid e-bike. These transactions are for the Pre-Order of a Fuell Flluid e-bike or accessory that is not in stock (collectively “Pre-Order”). You will be charged the full price for your Pre-Order when your Transaction is processed by FUELL (usually within a few days of your Transaction). Your placing of a Pre-Order constitutes your express agreement to FUELL charging the full price of your Pre-Order at the time your Transaction is processed. When you Pre-Order a FUELL Flluid, FUELL will assign you a unit in transit, or will begin a manufacturing process that takes a number of months. Fuell orders components, paint, and individually numbers frames that are assigned to your order months before delivery of your Pre-Order. For delivery time see Time of Delivery of Pre-Orders.

You may conduct a transaction for a Pre-Order Deposit for the FUELL Fllow motorcycle. These transactions are for a Pre-Order Deposit or Reservation of the FUELL Fllow motorcycle which is still in development (“Pre-Order Deposit”), that allow you to secure an early production Fllow. You will be charged the full price for your Pre-Order Deposit when your Transaction is processed by FUELL. Your placing of a Pre-Order Deposit constitutes your express agreement to FUELL charging the full price of your Pre-Order Deposit at the time your Transaction is processed.

Changes You make to Your Transaction
When conducting a Transaction, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. FUELL shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your Purchase or Pre-Order being shipped by sending an e-mail to ​fuell@fuell.us.

Time of Delivery for FUELL Flluid Pre-Orders
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays.

When You conduct a Pre-Order Transaction for Your FUELL Flluid you were provided an estimated delivery date for your Pre-Order. An estimated delivery date is only an estimate, and is subject to change. FUELL does not represent or warrant that it will be able to ship the FUELL Flluid or the accessory by the estimated date. As a result, if a delay occurs, FUELL is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule.

By completing this Transaction you expressly agree that your Pre-Order of a FUELL Flluid and any accessories, may be delivered at any time up to and including 90 days from the last day of the month of the estimated delivery date provided at the time of your Transaction. For example, if your estimated delivery date was February 2021, your Pre-Order may be delivered at any time up to and including to 90 days after the last day of the month of February 2021.

Cancelations:
You may cancel a Transaction at any time, for a full refund, unless your Transaction has been fully or partially shipped. To cancel a transaction please email us at fuell@fuell.us.

FUELL reserves the right to cancel any Transaction at any time for any or no reason. If FUELL cancels your Transaction you will receive a full refund of the purchase Price without interest.

Transactions if you are a EU Resident
If you are an EU Resident, and you transact a Purchase or Pre-Order from this Site, for delivery within the EU, you are transacting with FUELL Europe GmbH (“FUELL Europe”).

If you are an EU resident all other Terms and Conditions apply to you, and your interaction with this Site is with FUELL Inc. pursuant to FUELL’s Terms and Conditions and other policies.

Transactions if you are a Non-EU Resident
If you are not an EU resident and you conduct a Transaction on this site, for delivery outside of the EU, you are transacting with FUELL Inc..

If you are a non EU Resident and you transact a Purchase or Pre-Order from this Site, for delivery within the EU, you are transacting with FUELL Europe.

Return Policy EU Residents:
EU regulations require that we offer a 14 day cooling off period from receipt of your Purchase or Pre-Order.

If you are a Resident of the EU and had your Purchase or Pre-Order delivered to you in the EU, you are entitled to a 14 day cooling off period on receipt. If you wish to return your Purchase or Pre-Order consistent with those return rights, you can return your Purchase or Pre-Order for a refund of all charges within 14 days of receipt. In order to return your Purchase or Pre-Order for a refund, you must not have unpacked, used, or assembled your Purchase or Pre-Order. Your Purchase or Pre-Order must be returned at your cost, compliant with all local and international shipping regulations, in its original unopened packaging.

If you would like to initiate a return pursuant to these conditions, please email fuell@fuell.us with your order number, full name and address within 14 days of receipt of your order. We will send you return instructions, and those instructions must be complied with within 7 days of receipt. Once we have received your unused, still packed, and unassembled return, we will process your full refund within 14 days.

If your Purchase or Pre-Order was damaged while being shipped, please contact us and the carrier for instructions.

If your FUELL Flluid is not working properly, please contact us for warranty repair or assistance at fuell@fuell.us.

Return Policy US Residents:
If you are a Resident of the United States and had your Purchase or Pre-Order delivered to you in the United States, you may only return your Pre-Order or Purchase under certain conditions. In order to return your Purchase or Pre-Order for a refund, you must not have unpacked, used, or assembled your Purchase or Pre-Order. Your Purchase or Pre-Order must be returned at your cost, compliant with all local and international shipping regulations, in its original unopened packaging, or through our carrier if it is delivered assembled.

If you would like to return your FUELL Flluid, we will send you return instructions, and those instructions must be complied with within 7 days of receipt. Once we have received your unused, still packed, and unassembled return, we will process your full refund within 14 days.

If your Purchase or Pre-Order was damaged while being shipped, please contact us and the carrier for instructions.

If your FUELL Flluid is not working properly, please contact us for warranty repair or assistance at fuell@fuell.us.

Return policy for Purchases or Pre-Orders outside the US or EU.
At this time FUELL cannot accept returns of Purchases or Pre-Orders outside of the US or the EU.

If your Purchase or Pre-Order was damaged while being shipped, please contact FUELL and the carrier for instructions.

If your FUELL Flluid is not working properly, please contact us for warranty repair or assistance at customer-service@fuell.us.

Priority for Pre-Order Transactions
FUELL will build or assign Pre-Orders according to the order in which the Pre-Order is received. This position does not imply receiving a particular number associated with your Pre-Order. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Pre-Orders. Further, because of regulatory requirements or efficiency needs related to production, we may need to at times produce Pre-Orders in an order other than which it was received at our sole discretion.

Price of Transactions
All Transactions with FUELL Europe are priced inclusive of VAT.

All Transactions with FUELL Inc are priced exclusive of any taxes or other government charges.

If the price of the product you purchased changes. You agree that you have no right to an adjustment, and explicitly agree that you will not seek an adjustment due to the change in price for a Pre-Order or other Transaction.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL FUELL BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT FUELL IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.

Terms and Conditions of Sale
The purchase of the Products is subject to additional terms and conditions provided by FUELL, including in respect of any software or firmware included in FUELL’s products or intellectual property embodied in the products or data collected by the products. The current Terms and Conditions of Sale can be found on our site, and you have explicitly agreed to them by conducting a Transaction.

Customer Information
We will use any information that we may collect about you only in accordance with our privacy policy and cookies policy, which are available on our site.

DISCLAIMER.
FUELL DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY FUELL WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE PRODUCT. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO RETURN YOUR PRE-ORDER AT YOUR EXPENSE.

Miscellaneous Provisions
These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of New York. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in the New York County, the place were this Agreement was entered and is to be performed. You may not assign this Agreement or any of the rights granted to you hereunder.

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