MAEVING PREORDER TERMS AND CONDITIONS
These Preorder Terms & Conditions (these “Preorder Terms”) govern the placing of a preorder (“Preorder”) between you and Maeving Limited (“Maeving” or “we” or “us”), together the “Parties” for an Electric Motorbike (“Maeving RM1”, “Maeving RM1S” 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.
Each Preorder you submit for a Bike acts as a deposit for a future purchase of the Bike. 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 Bike, 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 Bike”).
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 Bike. 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 firstname.lastname@example.org. Maeving shall not be liable for inaccurate or outdated information.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.
No Guarantee of Delivery Date
You are preordering a Bike 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.
There are two delivery options for the Bike. For the RM1, you can either pick this up from the Bike Shed Moto Company in Downtown LA or we will deliver your Bike to you free of charge providing you chosen address is within 100 miles of our LA HQ. For the RM1S, we will deliver your bike free of charge to your given address providing it is within the State of 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 email@example.com 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 card/address on file.
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
These Preorder Terms may not be modified, altered or amended unless expressly agreed to in writing signed by Maeving.
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 DISPUTE RESOLUTION
These Terms, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of California without regard to choice or conflict of law principles.
In the event that any disagreement, dispute or claim arises between the Parties with respect to the enforcement or interpretation of this Agreement or any specific terms and provisions hereof or with respect to whether an alleged breach or default hereof has or has not occurred (a “Dispute”), such Dispute shall be settled in accordance with the following procedures:
- Meet and Confer. In the event of any Dispute, either Party may give written notice to the other Party setting forth the nature of such Dispute (the “Dispute Notice”). Within ten (10) days following delivery of the Dispute Notice, the Parties and their representatives shall meet and confer at mutually agreeable times, dates and locations in a good faith attempt to resolve the Dispute.
- Mediation. If the Parties are unable to resolve the Dispute in accordance with the foregoing paragraph within thirty (30) days after the delivery of the Dispute Notice, the Parties shall attempt to settle the Dispute through nonbinding mediation in Los Angeles County, California, under the Rules of Practice and Procedures (the “Rules”) of Judicial Arbitration and Mediation Services, Inc. (“JAMS”), or, if JAMS is unable to conduct the mediation, under the then current Commercial Rules of the American Arbitration Association (“AAA”). A single disinterested third-party mediator shall be selected by JAMS in accordance with its then current Rules (or in accordance with then current AAA Commercial Rules, as applicable). The Parties shall equally share the expenses of the mediator and other costs of mediation.
- Arbitration. If the meet and confer and mediation required by the Agreement are not successful in resolving the Parties’ dispute, any dispute or claim between the Parties or their agents or relating in any way to this Agreement will be resolved by binding arbitration, rather than in court. Claims arising out of or relating to the validity, application, scope, enforceability, or interpretation of this provision (the ”Arbitration Agreement”) shall also be decided by an arbitrator. Unless otherwise agreed, the arbitration will be conducted by the American Arbitration Association ("AAA"). The arbitration shall be conducted in accordance with AAA's Commercial Arbitration Rules. A Party who desires to initiate arbitration must provide the other Party with a written Demand for Arbitration.
The Parties also both agree that the Parties may bring suit in court to: 1) enjoin infringement or other misuse of intellectual property rights; 2) file bankruptcy; 3) enforce a security interest in the Products; 4) take legal action in court to enforce the arbitrator's decision; or 5) request that a court review whether the arbitrator exceeded the authority granted by the Arbitration Agreement.