This Preorder Agreement (these “Terms” or “Agreement”) govern the placing of a preorder (“Preorder”) with Maeving Limited, (“Maeving” or “we” or “us”) for an Electric Motorbike (“Maeving RM1” or “Bike”). Please read all of these Terms carefully before submitting your Preorder. By submitting your Preorder, you agree to be legally bound by these Terms.
- No Obligations
Each Preorder you submit for a Maeving acts as a deposit for a future purchase of the Maeving RM1. You are under no obligation to purchase a Bike from us, and we are under no obligation to supply you with a Bike.
These Terms do not constitute an agreement for the sale of a Bike and do not lock in pricing, a firm production slot, a firm delivery date, or specific Bike configuration. To complete the purchase of a Maeving RM1, you will need to agree to Maeving’s standard Terms of Service, which will include additional terms and conditions, including the final price for the bike you ultimately select (“Your Selected Maeving RM1”).
We may decline Preorders to avoid over-subscription or as we deem appropriate in our sole discretion. If your Preorder is declined, you will be notified, and your Preorder payment will be refunded.
- Preorder Eligibility: Age and Residency;
You must be at least 18 years of age and a resident of the USA to Preorder a Maeving RM1. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years of age and a resident of the USA. If you are Preordering a Bike on behalf of a company, organisation or entity (an “Entity”) located in the USA, you represent and warrant that you have the authority to bind that Entity to these Terms and such Entity agrees to be bound by these Terms.
When placing a Preorder for a Bike, You represent and warrant that all information provided is accurate, and it is Your responsibility to keep this information current at any time by emailing email@example.com. Maeving shall not be liable for inaccurate or outdated information.
You will be charged the fee indicated (the “Preorder Fee”) when you place your Preorder. Placing a Preorder constitutes your express agreement to be charged the Preorder Fee using your provided payment method. Your payment will be held by Maeving and it will be deducted from the Bike’s Final Sales Price of Your Selected Bike when you execute the Final Sales Agreement. This is unless the Preorder fee was previously refunded.
- Bike Delivery
No Guarantee of Delivery Date
You are preordering a Maeving RM1 with a specific tank colour. We will endeavour to produce Your Selected Bike in the future and your delivery priority will be set by the date of payment of your Preorder Fee, our manufacturing schedule and execution of the Final Sales Agreement. While there is no guarantee as to delivery date based on your Preorder, your priority in the queue will be dictated by your order number.
We will deliver your Maeving RM1 to you free of charge to your given address, providing this is within the Southern California.
Final Bike Configuration
Prior to the Final Sales Agreement, there will be an opportunity to further customise your Bike with specific features (e.g. tank colour) and work with our team to find out about our finance offer.
You may cancel your Preorder and receive a full refund of your Preorder Fee at any time by sending an email to firstname.lastname@example.org from the address you used to make the Preorder. You will receive your refund within approximately 5-10 business days. Maeving may cancel your Preorder at any time and will issue a full refund of your Preorder Fee to the address on file.
- 8. Force Majeure
Neither you or Maeving will be liable for any failure or delay in performing an obligation under this Agreement that is due to an event beyond our reasonable control, including, but not limited to, any Act of God, pandemic, epidemic, disease, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, material changes in applicable law or regulations, uprising, unavailability of materials, strike, earthquake, flood or any other natural or man-made eventuality outside of our control.
- Entire Agreement and Severability
This Agreement may not be modified, altered or amended unless expressly agreed to in writing signed by Maeving.
- No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Maeving.
You may not assign your rights under these Terms without our express prior consent. Maeving may assign these Terms in our discretion without your consent.
- Limitation of Liability
No Consequential or Indirect Damages. In no event shall Maeving, its affiliates or partners, or any of their respective employees, officers, directors, members, shareholders, agents, or representatives be liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages arising out of, relating to, or in connection with any breach of this agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not a proposed defendant was advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
Maximum liability. In no event shall Maeving’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total of the amounts paid to Maeving pursuant to this agreement.
- Applicable Law and Class Action Waiver
These Terms, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of the United Kingdom without regard to choice or conflict of law principles. In addition, to the fullest extent permitted by applicable law, you and Maeving agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes but is not limited to:
- Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- Claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
- Claims that are currently subject to purported class action litigation which you are not a member of a certified class; and
- Claims that may arise after this Agreement.
- Entire Agreement