Terms & Conditions
Allgemeine Geschäftsbedingungen (AGB)
Terms of Purchase (AGB)
1. WHEREAS
1. Our General Terms and Conditions („Allgemeine Geschäftsbedingungen“ hereinafter: „AGB“) are an integral part of the contract and apply to all business relationships with our customers. These AGB shall also apply as a framework agreement for future offers and contracts with the same customer without our referring to them again.
2. These AGB apply in particular to contracts for every purchase through GR1T online store at the webpage www.gritmotors.com within the EU, Switzerland, UK & US and also for the sale, manufacture, development, delivery and/or assembly of GR1T vehicles.
3. GR1T and the Customer are jointly referred to below as the “Parties” and individually as a “Party”.
2. APPLICABILITY
1. The Parties enter into a binding agreement when the Customer places an online order („Order“) for a Product, approves the terms and conditions on the Website, and receives a confirmation email from GR1T („Agreement“). These terms and conditions become effective upon confirmation, governing the relationship between the Parties.
2. By approving the terms and conditions, the Customer acknowledges reviewing the information provided. The Customer also consents to GR1T accessing and handling their information in accordance with GR1T‘s privacy policy.
3. The Customer affirms legal age, capacity, and the right to enter into the Agreement. GR1T reserves the right to reject an Order based on applicable criteria.
4. Special orders may have additional conditions communicated by GR1T before confirmation.
3. DELIVERY
1. Delivery timelines for our Products are provided on the respective product pages, FAQs, and/or in the order confirmation from GR1T.
2. As many of our Products are custom-made and rely on the performance of GR1T‘s suppliers, we cannot guarantee a specific delivery date and reserve the right to delay delivery if necessary.
3. Should GR1T need to postpone the delivery of an Order by more than 4 months from the originally communicated estimated date, we will promptly inform the Customer of the delay. Customer approval will be sought before proceeding with the Order. If the Customer does not agree to the delay, GR1T will promptly refund any advance payments made.
4. If an Order is to be redeemed at a postal agent, the Customer must do so within the specified time. Typically, delivered Orders must be picked up in person with valid identification.
5. For uncollected Orders, GR1T retains the right to withhold any advance payment or impose charges on the Customer. This is to cover administrative, freight, and handling costs associated with the return of the Order. Please note that failure to collect a delivered Order does not constitute the exercise of any right of withdrawal and is not covered by any ongoing campaigns or offers of free returns.
4. PRICES AND PAYMENT
1. Prices on the Website are in Euro (€). GR1T may request full advance payment for most Products.
2. The stated prices in the order confirmation are final, excluding delivery or customs charges borne by the Customer.
3. GR1T retains ownership of Products until full payment is received. Payment methods include debit/credit cards, PayPal, and invoicing.
4. Late payments may result in order cancellation, with advance payments being non-refundable.
5. COMPLAINTS
1. Customer complaints regarding delivered Products can be submitted through the contact form on the Website.
2. Valid complaints must be reported immediately, with a limitation of 24 months for reported circumstances. The Customer must specify and demonstrate the nature of the complaint.
3. GR1T investigates complaints, informing the Customer within 30 days of the acceptability and planned resolution. Refunds are made promptly if warranted.
4. If the Customer complains about the Products and provides the requested documentation, GR1T will investigate the complaint and notify the Customer by e-mail within a reasonable time (normally within 30 days) if the complaint can be accepted and inform about the planned remediation process. Should GR1T find that the Customer is entitled to a full or partial refund due to the complaint, repayment will be made as soon as possible.
6. LIMITATION OF LIABILITY AND DISCLAIMER
1. While GR1T strives to deliver top-quality products, it‘s important to note that our Products are provided on an „as-is“ basis, and GR1T disclaims all representations and warranties, whether implied or express.
2. GR1T cannot be held responsible for actions or services provided by third-party providers that may impact the Customer’s experience negatively. We do not assess the suitability, legality, or ability of such providers, and the Customer explicitly releases GR1T from any liability, claims, or damages related to third-party providers. GR1T will not be involved in disputes or negotiations between the Customer and third-party providers.
3. Additionally, GR1T shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including personal injury, lost profits, or property damage resulting from the purchase or use of the Products. GR1T is not liable for failure in performance or delays beyond our reasonable control.
4. In no event shall GR1T‘s total liability to the Customer in connection with an Order exceed the obligation to repay the already paid purchase prices for that Order. These limitations and disclaimers do not intend to restrict liability or alter the rights of the Customer as a consumer under applicable law.
5. While GR1T makes efforts to update and ensure the accuracy of information on the website and other marketing materials, we do not provide any guarantees, whether express or implied, regarding the accuracy, completeness, currency, or reliability of such information.
6. GR1T disclaims liability for potential errors in product descriptions, technical specifications, and/or illustrations on the Website. We also disclaim liability for potential errors in stated stock balances and/or delivery times on the Website.
7. Information provided by third parties on the Website is beyond GR1T‘s responsibility. Additionally, GR1T cannot guarantee that the displayed colors of the Products accurately represent the actual colors, as variations may occur due to factors such as lighting and different monitor color reproduction.
8. Any claims or requests for compensation due to damages in accordance with the Terms must be submitted to GR1T within a reasonable time from the discovery of damages or within 30 days.
7. PERSONAL DATA
1. GR1T processes the Customer’s personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC with supplementary provisions to the EU data protection regulation (jointly referred to as “GDPR”.
2. The Customer is referred to GR1T‘s privacy policy for more information regarding GR1T‘s personal data processing and adherence to the GDPR.
8. FORCE MAJEURE
1. Neither party shall be liable for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemics, governmental actions, or natural disasters.
2. The affected party will promptly notify the other party and make reasonable efforts to resume performance. During such events, affected obligations will be suspended, and deadlines extended.
3. If a Force Majeure Event continues for [specify duration, e.g., 30 days], either party may terminate the Agreement. Payment obligations remain unaffected.
9. INTELLECTUAL PROPERTY RIGHTS
1. GR1T holds exclusive ownership of all rights, including intellectual property rights, related to the Products. This encompasses trademarks, trade names, design, text, software, and more, with certain exceptions for rights held by GR1T‘s licensors.
2. No provision in the Terms, Orders, or order confirmations should be interpreted as a transfer of these rights, either wholly or partially, to the Customer.
3. Any form of copying, modification, transfer, licensing, or unauthorized use of GR1T‘s intellectual property is strictly prohibited.
4. The Customer acknowledges that unauthorized use of GR1T‘s intellectual property or the rights of GR1T‘s licensors constitutes a breach of contract and may result in legal action. GR1T reserves the right to pursue legal remedies in the event of such unauthorized use.
10. COMMUNICATION
1. The Customer acknowledges that all correspondence between the Parties, including confirmations, reminders, terminations, notices, and other information related to the Products and/or the Terms, shall be transmitted electronically via email or any other method specified by GR1T on the Websites.
2. The Customer commits to providing a current and valid email address for communication when placing an Order or submitting a complaint/claim.
3. Furthermore, the Customer agrees to promptly inform GR1T of any changes to their contact information.
11. WARRANTY
1. GR1T provides a warranty for the purchase of a new GR1T Motorcycle („New Vehicle“), ensuring its condition, including the battery, aligns with industry standards in the electric vehicle sector.
2. The warranty is valid for two years in the European Union and one year in the US, starting from the handover or first registration of the GR1T Motorcycle („transfer of risk“).
3. If a defect arises during the warranty period, GR1T may, at its discretion, rectify the defect or provide a subsequent delivery of a new vehicle.
4. The warranty covers parts subject to natural wear and tear, excluding certain items like brake pads and tires. To avail of the warranty, defects must be reported promptly in writing, and rectification will be carried out by an authorized service partner designated by GR1T.
5. If the vehicle becomes inoperable due to a defect, contact GR1T first. Warranty obligations do not apply to damages caused by accidents, improper use, overloading, unauthorized modifications, or improper maintenance.
12. CHANGE OF THE AGB
1. GR1T reserves the right to amend the AGB, with the version presented and approved at the time of the Order being applicable.
13. MISCELLANEOUS
1. GR1T retains the right to transfer its rights and obligations related to the Products and these Terms to a third party involved in GR1T‘s business.
2. The Customer is not allowed to transfer or delegate any rights or responsibilities under these Terms.
3. Failure by GR1T to insist on the Customer‘s compliance with these Terms, or not enforcing its rights, does not imply a waiver of GR1T‘s rights. If GR1T chooses to waive a default by the Customer, it will be done in writing and does not automatically waive any subsequent defaults by the Customer.
4. GR1T may change Product configurations and provisions, implement updates, and discontinue Products. Customer approval is sought for significant changes.
14. STATUTORY CONSUMER RIGHTS
1. Consumers in the EU, UK, Switzerland, and the US have a legal right to cancel and return an Order within 14 days of delivery. To exercise this right, it is preferable to use the contact form on the Website.
2. This right of withdrawal does not apply to digital products available immediately upon purchase, or to made-to-order or personalized items.
3. Please inspect your order upon receipt and contact us promptly for any defects, damages, or wrong items. This allows us to assess the issue and provide a solution.
4. For a return, the item must be unworn or unused, with tags, and in its original packaging. A receipt or proof of purchase is required.
5. Refunds for eligible cancellations or withdrawals will be processed to the original payment method (credit card, debit card, PayPal, or bank account).
6. In the event of an Order cancellation or withdrawal, GR1T reserves the right to withhold any advance payment or charge the Customer to cover administrative, freight, and handling costs associated with the return of the Ordered Product.
15. JURISDICTION PLACE AND LAW
1. German law applies to the AGB and Products. Disputes are to be resolved amicably, and if unresolved, by the German general court with the district court of Munich as the first instance.