Fonzarelli Bikes Agreement to Purchase a Fonzarelli Vehicle
As the Buyer ‘you’ agree to purchase the Fonzarelli ‘Vehicle’ pursuant to the ‘Terms and Conditions’ of this agreement.
The Terms & Conditions are effective as of the date you place your order and apply to the transaction.
Purchase Price, Taxes and Fees
The Purchase Price of the Vehicle is not subject to change. However, if prior to delivery of the vehicle you add or change the options you have selected, we may update your vehicle configuration, which may affect the price of purchase. On-road costs, including local taxes, duty, compulsory insurances and other ‘on road’ related costs vary from state-to-state. The indicated purchase price of your vehicle does not include these on-road costs (unless otherwise stated). You will be responsible for paying these additional taxes and fees. These fees are constantly changing and will depend on various factors, such as vehicle usage and rider age, therefore these costs will be adjusted close to the date of taking delivery.
Securing Your Order
To secure your order you must place a $250 deposit. Upon securing your order Fonzarelli will contact you to discuss the vehicle configuration, customisations and expected delivery timeframe. Two weeks prior to taking delivery of your vehicle the balance of the vehicle must be paid.
Status of Your Deposit
We incur significant costs in the preparation, configuration, customisation, coordination and delivery logistics of your vehicle. Within 24 hours after accepting this order you may cancel your order without incurring cost. After this time your deposit becomes non-refundable. If you cancel or default on this Agreement, you agree that we may retain as liquidated damages the deposit made by you to secure your order, to the extent not otherwise prohibited by law. In addition, you acknowledge that the $250 deposit amount made by you is a fair and reasonable estimate of actual damages that we may incur in preparation, configuration logistics and resale of the Vehicle. Except in ‘Special Circumstances’.
If you have indicated in your order that you intend to finance the vehicle and you are not able to obtain finance from our affiliated lenders or another bank lender despite a bona fide, good faith effort to do so, you may cancel this contract and receive a full refund of your deposit amount.
We will provide you with notification in advance of the expected date of delivery, at the agreed location of delivery, and unless we are in breach of this agreement, you hereby agree to take delivery of your Vehicle within five business days of this date. If you are unable to take delivery within the specified period, including any extension we may grant, you will be in breach of this Agreement, your deposit will not be refunded pursuant to Status of Your Deposit paragraph above, and the vehicle may be made available for sale to another customer, at our discretion. Unless otherwise described in your final invoice, if, on your behalf, we are coordinating the shipping of the Vehicle to you via a third party common carrier, you hereby agree and acknowledge that delivery of the Vehicle, including the transfer of title and risk of loss, will occur at the time your Vehicle is loaded onto the common carriers transport. The Vehicle will be insured under transit insurance and you will be the beneficiary of any claims for damage to the vehicle or losses
Limitation of Liability
Fonzarelli Bikes is not liable for any incidental, special or consequential damages arising out of this Agreement. In the event we are held liable for any such damages, your sole and exclusive remedy will be limited to reimbursement of your deposit.
Your Vehicle is subject to the Fonzarelli Bikes Limited Australian Warranty. This Warranty can be found here. You may also obtain a written copy emailed or posted to you upon request.
Fonzarelli Bikes Terms of Service
The Company provides the Fonzarelli website and online store where users can purchase electric scooters and such other products that the Company may offer from time-to-time (Site). Use of the Site is subject to these Terms of Service.
1.1 The following definitions apply in this document:
(a) Agreement means these Terms of Service.
(b) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Sydney, Australia.
(c) Intellectual Property means all rights (present and future) conferred by common law, equity or statute (and all moral rights) connected with business names, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
(d) Item means any item available for purchase via the Site.
(e) Company means Electric Scooter Co. Pty Ltd ABN 69 146 454 113.
(f) Order means an order for one or more Items placed by a User via the Site during the same shopping session.
(g) Pricing means the pricing set out in this agreement or as notified to the User in writing by The Company from time-to-time.
(i) Reservation Fee means a fee charged by the Company in order to reserve an Item prior to confirmation of an Order.
(j) Services means the services offered by the Company via the Site.
(k) Site means the Fonzarelli online store accessible at http://fonzarelli.co, or such other URL operated by The Company from time-to-time.
(l) Special Conditions means any special conditions agreed to by the parties that shall apply to this Agreement.
(m) Term has the meaning described in clause 2.1(c).
(n) Tracking Information means any information provided by The Company to a User in order to track a shipped Order.
(o) User means a user of the Site.
(p) User Content means content that is entered into or created within the Site by the User.
(q) Warranty means the Fonzarelli Electric Motor Scooter Limited Australian Warranty accessible at fonzarelli.co/warranty
2 USING THE FONZARELLI SITE
(a) The Company operates the Fonzarelli online store (Site) that allows Users to purchase Fonzarelli electric motor scooters and such other products that the Company may offer from time-to-time.
(b) The Site is available at the URL http://fonzarelli.co (or other domain as used by The Company from time-to-time).
(c) Each User must accept this Agreement in order to use the Services. If the User does not accept the terms of this Agreement, the User must not use the Site or Services. A User is not granted a licence to use the Services until confirmed by the Company.
(d) The term of the User’s licence to access the Site shall be ongoing unless terminated in accordance with this Agreement (Term).
(e) In order to use the Services, the User may be required to verify their identity by (without limitation) email, telephone, residential or business address, social media, referrals, references and/or formal photographic identification. The User agrees to provide the Company with all necessary verifications required to provide the User with access to the Services.
3 TERMS OF SALE
3.1 A User may purchase Items online from the Site. All purchases are subject to these Terms of Sale.
(a) Pricing for each Item shall be as described on the Site as updated from time-to-time.
(b) Pricing shall be confirmed at the time that the User completes payment.
(c) The Company is under no obligation to maintain Pricing for any product prior to confirmation of an Order.
3.3 Reservation, Purchase, Payment & Order
(a) The Company may charge a Reservation Fee to reserve an Item, prior to confirmation of an Order. The Reservation Fee shall be as advertised on the Site, but shall in default be $500 (if applicable).
(b) Payment of a Reservation Fee shall reserve the User the right to purchase an Item with the same features as the Item that the User has applied the Reservation Fee against.
(c) The User acknowledges that the Reservation Fee is a fee for the services of creating a customised Item, and is therefore non-refundable if the User fails to complete payment and confirm the Order within 12 months of paying the Reservation Fee.
(d) The Reservation Fee shall be credited towards the cost of the Item when the User completes payment.
(e) An Order is confirmed when the User completes payment for the Item(s) and for shipping.
(f) Payments must be made by credit card, PayPal or as otherwise specified on the Site.
(g) The Company shall issue the User with an invoice for each Reservation Fee and/or Order.
3.4 Shipping & Delivery
(a) The Company shall advise the User of any shipping fees prior to dispatch. Shipping fees will be advertised prior to the payment for the User’s Order.
(b) The Company reserves the right to cancel any order should the shipping fees be insufficient, and will notify the User if this is the case.
(c) The User must provide the Company with accurate shipping information.
(d) Orders will be shipped within 7 Business Days from date the Company receives payment, unless otherwise arranged between the parties.
(e) The User agrees to take on the risk of loss or damage of the Item, when the Item reaches the delivery address.
(f) After taking delivery of an Item, the User agrees to examine the Item and notify the Company if there is any defect in the Item within 7 days of the delivery date.
(g) Under no circumstances will the Company be liable for any cost, loss or damage caused by a delay in shipping after it has been despatched by the Company including incorrect shipping details provided by the User.
3.5 Order Tracking
(a) The Company may provide the User with tracking information relative to a shipped Order (Tracking Information) if available.
(b) Where the Company provides Tracking Information, it does so as a courtesy only and takes no responsibility as to the accuracy of any Tracking Information.
(c) The User acknowledges that any tracking information is sourced from a third-party shipping company and that the Company shall not be liable under any circumstance in relation to that tracking information.
3.6 Returns, Refunds and Warranty
(a) The Company does not provide refunds or accept returns, except where required by law, or as otherwise provided for under this Agreement.
(b) The Company shall provide a refund or exchange on an Order where (without limitation):
i An incorrect product was sent to the User;
ii The Item has not been received;
iii The product is faulty or damaged in some way upon receipt by the User; or
iv As otherwise may be covered by the Warranty.
(c) Notwithstanding a Warranty claim, to receive a refund or exchange the User must notify the Company of the problem with the Order:
i Within 7 days or receiving the Order; or
ii If the User has not received the Item, no earlier than 21 days following confirmation of the Order.
(d) The Company will then advise the User whether they qualify for a refund or an exchange on a return.
(e) If a User qualifies for a refund the Company will provide instructions on how to return the Item(s). The User may then dispatch the Item(s) for exchange or refund back to the Company in accordance with those instructions.
(f) The User is responsible for shipping the Item(s) back to the Company.
(g) Each warranty claim must be made in accordance with the Warranty.
(h) In the event of a conflict between this Agreement and the Warranty, the Warranty will take precedence.
3.7 Customs, Duties & Taxes
(a) The User will be informed at the time of purchase if an Order is subject to Goods and Services Tax (GST).
(b) If the User’s address for delivery of an Order is outside Australia, the User agrees to take responsibility for ensuring that the Item can be legally imported into the country of delivery.
(c) The User agrees to pay any customs, duties or taxes with respect to the Item that the Company sends to the address outside of Australia. These costs will be in addition to the purchase price that the Company quotes on the Site.
4 GENERAL CONDITIONS
(a) By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access and use the Site for the duration of the Term, in accordance with the terms and conditions of this Agreement.
(b) The Company may issue the licence to the User on such further terms or limitations as it sees fit.
(c) The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User.
4.2 Modification of Terms
The Company may from time-to-time update the terms of this Agreement in its sole discretion. Unless stated otherwise by the Company in writing, such updates shall come into effect for use of the Site the next time that the User uses the Site.
4.3 Site Management
(a) The User agrees and accepts that the Site is:
i Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the User’s systems; and
ii Managed and supported exclusively by the Company from the Company’s servers and that no ‘back-end’ access to the Site is available to the User unless expressly agreed in writing.
(b) As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Site.
(a) The Company provides user support for the Site via the email address firstname.lastname@example.org.
(b) The Company shall endeavour to respond to all support requests within 2 Business Days.
4.5 Use & Availability
(a) The User agrees that it shall only use the Site for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that the Company deems unreasonable in its discretion.
(b) The User is solely responsible for the security of its username and password for access to the Site. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its account.
(c) The User agrees that the Company shall provide access to the Site to the best of its abilities, however:
i Access to the Site may be prevented by issues outside of its control; and
ii It accepts no responsibility for ongoing access to the Site.
(a) Security. The Company takes the security of the Site and the privacy of its Users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
(b) Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
(c) Storage. Data that is stored by the Company shall be stored according to accepted industry standards.
(d) Backup. The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific User Data from any period of time unless so stated in writing by the Company.
4.8 Intellectual Property
(a) Trademarks. The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
(b) Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of the Site.
(c) The Site. The User agrees and accepts that the Site is the Intellectual Property of the Company and the User further warrants that by using the Site the User will not:
i Copy the Site or the services that it provides for the User’s own commercial purposes; and
ii Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Site or any documentation associated with it.
(d) Content. All content submitted to the Company, whether via the Site or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Site.
4.9 Disclaimer of Third Party Services & Information
(a) The User acknowledges that the Site is dependent on third-party services, including but not limited to:
i Banks, credit card providers and merchant gateway providers;
ii Telecommunications services;
iii Hosting services;
iv Email services; and
v Analytics services.
(b) The User agrees that the Company shall not be responsible or liable in any way for:
i Interruptions to the availability of the Site due to third-party services; or
ii Information contained on any linked third party website.
4.10 Liability & Indemnity
(a) The User agrees that it uses the Site at its own risk.
(b) The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with the Site, including any breach by the User of these Terms.
(c) In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, illness, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use the Site, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, loss, illness, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise.
(d) Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
i The re-supply of services or payment of the cost of re-supply of services; or
ii The replacement or repair of goods or payment of the cost of replacement or repair.
(a) Either party may terminate this Agreement by giving the other party written notice.
(b) Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
(c) Termination does not affect any of the rights accrued by a party prior to termination, and the rights and obligations under clauses 4.9, 4.12 and 4.13 survive termination of this Agreement.
4.12 Dispute Resolution
(a) If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
i Includes or is accompanied by full and detailed particulars of the Dispute; and
ii Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
(b) Within 10 Business Days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) from each of the parties must meet (virtually or otherwise) and seek to resolve the Dispute.
(c) Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
(d) Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
(e) Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
4.13 Electronic Communication, Amendment & Assignment
(a) The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
(b) The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the User of a change of details from time-to-time.
(c) The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
(d) A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
(e) Notices must be sent to the parties’ most recent known contact details.
(f) The User may not assign or otherwise create an interest in this Agreement.
(g) The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.
(a) Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
(b) Prevalence. To the extent this Agreement is in conflict with, or inconsistent with, the terms of any Special Conditions made under this Agreement, as relevant, the terms of those Special Conditions shall prevail.
(c) Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
(d) Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
(e) Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
(f) Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
(g) Governing Law. This Agreement is governed by the laws of New South Wales, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
(h) Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
Electric Scooter Co Pty Ltd
ABN 69 146 454 113
(02) 8072 7570
GF/L4, 53-55 Liverpool Street,
Sydney NSW 2000 Australia