Terms and conditions
General booking conditions
Important - please read carefully: these terms and conditions (the "terms") constitute a legally binding contract between you and CONSIAN MOBILITY SAS, a simplified joint stock company incorporated in France and registered at the Nanterre Chamber of Commerce under number 908180938 ( "CONSIAN MOBILITY", "we", "us" or "our"), and applies to your reservation of a CONSIAN MOBILITY AURORA electric motorcycle (the "AURORA").
If you do not agree to any of these terms, please do not book an AURORA. If you agree to these terms and pay a deposit, your only recourse against us in the event of a problem will be to cancel your reservation for an AURORA and receive a full refund from us.
You acknowledge and agree that payment of a deposit does not guarantee your right to receive an AURORA. On the other hand, the payment of a deposit allows you to reserve one of the first 50 AURORAs within the limit of the availability of these first 50. The amount of the deposit will be deducted from the total amount of the order.
By booking an AURORA and paying the €100 deposit (the "Deposit"), you hereby agree to these Terms in full. By agreeing to these terms, you confirm that you are at least 18 years old, or have the consent of a parent or legal guardian to agree to the terms.
We reserve the right to modify these terms at any time, and each modification will be effective upon posting on our website atwww.consian.fr(the website"). All changes will apply from the date of their publication on our website. If any change is not acceptable to you, your sole remedy is to cancel the booking and receive a refund of the deposit in accordance with these terms.
In order to reserve an AURORA, you must follow the procedure described on our website and pay the deposit in accordance with this procedure. Your payment of the deposit and your acknowledgment of these terms through the process on our website constitutes your acceptance of these terms.
By reserving an AURORA and paying the deposit, you will be registered to order the AURORA when the first 50 units are reserved. AURORA features, specifications, design and/or configuration may change prior to production. You may cancel your reservation at any time before you have completed your order and request a refund of the deposit by providing notice of cancellation to CONSIAN MOBILITY, and we will use reasonable efforts to refund the deposit in a timely and, in all case, no later than 14 days from the day you informed CONSIAN MOBILITY of your decision to cancel the reservation.
If we do not receive your payment when you complete your order within a reasonable time, we may forward a purchase invitation to the next person on the reservations list and you may lose your place on the reservations list. If you are unable to pay the amount requested with the order, or within a reasonable time after it is due, or if you cancel your reservation for any other reason, you will be entitled to a full refund of your deposit, but you will not you won't get an AURORA. We will endeavor to serve you based on your reservation date, but we reserve the right to change the order of reservations based on production details available at that time.
In summary, by providing your deposit at the time of your reservation, you understand that CONSIAN MOBILITY may not have completed AURORA development, finalized AURORA design, finalized AURORA certification, or commenced AURORA manufacture. We do not guarantee if or when the AURORA will actually be manufactured or delivered. Your delivery date depends on many factors, including the configuration of your AURORA and our manufacturing availability. You also understand that you will not receive the AURORA until you have made payment in full of the purchase price. In all cases described in this paragraph, your remedy if you are dissatisfied or unwilling to purchase an AURORA will be to cancel your reservation by giving us notice, and to receive a refund of your deposit. You agree that you have no other rights or remedies against us than those described in this paragraph.
Payments
Payments may be refused or returned to you, at CONSIAN MOBILITY's sole discretion, for any reason or no reason. If we accept your deposit for an AURORA, your account, credit card or other payment mechanism will be charged for the deposit upon approval by CONSIAN MOBILITY, regardless of when the product is expected to ship. If a credit card feedback of any amount is issued on your reservation, your reservation to order the AURORA will be suspended until the feedback has been resolved. Suspending your reservation means that you will not be eligible to order your AURORA unless and until the chargeback in question is resolved, in which case you will be issued a new reservation to order._cc781905-5cde-3194 -bb3b-136bad5cf58d_
All applicable taxes (including sales tax) will be collected on reservations where such taxes are required to be collected.
You agree that we shall have no obligation to pay you interest or other additional charges at any time, including without limitation if your deposit is refunded to you. Our only obligation with respect to refunds will be to return the original deposit amount to you.
Our cancellation rights
We may unilaterally cancel your reservation and refund your deposit if we discontinue the AURORA or any of its features or options after you have made your reservation or if we determine that you are acting in bad faith._cc781905-5cde-3194 -bb3b-136bad5cf58d_
Warranty
We offer limited warranties on our products. Unless otherwise specified by us in writing, the AURORA will be sold to you subject to our standard warranty applicable to that product.
Liability and Limitation of Remedies
You agree and understand that your sole and exclusive remedy, and CONSIAN MOBILITY's sole and exclusive liability, for any claim arising out of or in connection with these terms shall be limited to the refund of your deposit.
Nothing in these Terms limits or excludes liability (i) which may not be legally limited or excluded by law, (ii) for death or personal injury resulting from its negligence or that of its personnel; and (iii) for losses caused by fraud, fraudulent misrepresentation or gross negligence.
Dispute Resolution and Class Action Waiver
Applicable law. Subject to the following sentence, these Terms and any contractual or non-contractual rights arising out of or in connection therewith shall be exclusively governed by and construed in accordance with the laws of France. This does not affect any rights you may have under the law of your own country to have a dispute heard under the laws of your own country.
Forum choice. Subject to the following sentence, each party agrees that, in respect of any dispute arising out of or in connection with these Terms (including any dispute relating to non-contractual rights), the parties agree that the betting courts shall have exclusive jurisdiction to hear and resolve such disputes. This does not affect any rights you may have under the law of your own country to have a dispute heard in the courts of your own country.
Notices and communications
CONSIAN MOBILITY will provide any notices (including legal process) that it may be required to give to you by any legal method, including by making notices available on our website or by sending notices to any email address you provide. at CONSIAN MOBILITY. CONSIAN MOBILITY will also communicate with you about your reservation and send you updates, surveys and other information about CONSIAN MOBILITY products via the email address you have provided. If you prefer not to receive certain emails from CONSIAN MOBILITY, click on the unsubscribe link in each email and unsubscribe.
Please note that if you do not (i) provide CONSIAN MOBILITY with current and accurate contact information and/or (ii) subsequently provide CONSIAN MOBILITY with updated contact information, we may not be able to contact you. about your reservation.
You agree to send any remarks or comments under these terms to CONSIAN MOBILITY by emailing them tocontact@consian.fr
Miscellaneous
Divisibility. In the event that one or more clauses of these conditions are deemed invalid, illegal or unenforceable by a court, the latter may either interpret these conditions as if these clauses had not been included, or reform these clauses to the limited extent necessary to make them valid, legal or enforceable, in accordance with the economic and legal motivations underlying the conditions.
Waiver. The fact for CONSIAN MOBILITY not to assert at any given time any of these conditions, to exercise a choice or an option provided for herein, or to require at any given time the execution by you of the any of the provisions hereof, can in no way be interpreted as a waiver of these provisions, nor affect the validity of the reservation or any part thereof, or the right of CONSIAN MOBILITY to subsequently assert each of these provisions.
Questions ? worries? suggestions? please contact us atcontact@consian.frto report any violation of these Terms or if you have any questions regarding these Terms.