Terms and Conditions

Vinghen Terms and Conditions
(01^st January 2023)

Definitions
1. In these terms and conditions (“Terms”), the following definitions apply:
  1. Agreement: any and every agreement entered into in a signed in writing between Vinghen and a Customer including these Terms.
  1. Customer, You or Your: all natural or legal persons with whom Vinghen enters into an Agreement or with whom Vinghen is negotiating about the conclusion of an Agreement;
  1. Consumer: the Customer being a natural person who acts for purposes outside a business to whom Vinghen sells and/or delivers Products and to whom Vinghen provides Services;
  1. Privacy Policy: the statement to be consulted by the Customer on the website of Vinghen regarding the processing of personal data, which may be amended from time to time and which is incorporated herein by reference and is located at https://www.vinghen.com/privacy;
  1. Products: any and all goods which are the subject of an Agreement;
  1. Services: all services provided by Vinghen to the Customer, which are directly linked to the Purchase of a Vinghen Product by a Customer (e.g. POMT-Service or POMM-Service as defined in this Agreement);
  1. Vinghen or We or Us: the private company with limited liability under Vinghen Bulgaria Ltd., having its registered offices in Sofia, Bulgaria;
Applicability
1. The present Terms shall comprise a part of all Agreements and shall be applicable to all Product sales and related Services, actions and legal transactions between Vinghen as a seller and a Customer.
1. Contact information relevant to the Customer that relate to the identity of Vinghen:
  For Sales and Services purchased on our Website – sales@vinghen.com
Quotations, Agreements, Product descriptions, services and definitions
1. A quotation or (price) offer shall not be binding on Vinghen and shall qualify only as an invitation to the Customer to place an Order.
1. An Agreement shall only come into effect to the extent Vinghen accepts an Order from the Customer in writing or if Vinghen executes an Order by way of contract performance. If at the request of Customer Vinghen carries out any work for Customer before an Agreement is effective, the Customer shall remunerate Vinghen therefore in accordance with Vinghen’s customary rates payable upon receipt of an invoice.
1. After acceptance of an Order, Vinghen shall at all times be entitled to cancel such Order prior to delivery without liability and without stating its reasons after acceptance of such Order, in which case Vinghen shall not be obliged to refund or pay any more than advance payments already made by Customer, if any.
1. Vinghen shall observe due care in informing the Customer of the figures, measurements, weights, features other information applicable to the Products, but cannot warrant that these shall be free of deviations.
Prices
1. All Vinghen’s prices are in EUR unless expressly stated otherwise. Insofar as prices are stated in other currency than EUR, then such statement of price is deemed to be based on the EUR equivalent of such price at the date that the price statement was made.
Delivery
1. The delivery period indicated by Vinghen shall be based on the circumstances applicable to Vinghen at the time the Agreement is entered into and, to the extent dependent on performance by third parties, on the information that those third parties provided to Vinghen. All delivery dates are estimates only.
1. Except as otherwise provided herein, the delivery period shall commence on the date of Vinghen’s written Order confirmation. Provided, however, if, in order to execute the Order, Vinghen requires additional information from the Customer, the delivery period shall commence on the date on which Vinghen disposes of all the necessary information or resources, but not earlier than the date of the written Order confirmation.
1. The Customer shall not be entitled to claim any compensation in the event of an overdue delivery period. Neither shall the Customer be entitled to dissolve the Agreement in such an event, unless the Customer is considered to be a Consumer. See article 6 for additional details. Consumers have the right to dissolve the Agreement after they have requested to deliver within a reasonable timeframe or such timeframe as provided by law and Vinghen was not able to deliver within that reasonable period or timeframe as provided by law.
1. Vinghen shall at all times be entitled to deliver in part-consignments.
Consumer Right of Withdrawal
1. If the Customer is a Consumer, when entering into a remote sales transaction (i.e. when entering into a contract via the Web portal), as a matter of principle s/he must be informed about a statutory right of withdrawal by Vinghen in accordance with the statutory template. There is a template rescission form in Article 6.3.
1. Right of withdrawal information
  You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, physical possession of the goods. To exercise the right of withdrawal, You must inform us (sales@vinghen.com) of Your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by email). You may use the below model withdrawal form (6.3), but it is not obligatory.
  To meet the withdrawal deadline, it is sufficient for You to send Your communication concerning Your exercise of the right of withdrawal before the withdrawal period has expired.
  
  Effects of withdrawal
  If You withdraw from this contract, We shall reimburse to you all payments received from you, including the costs of delivery, without undue delay and in any event not later than 14 days from the day on which We are informed about Your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless You have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
1. Model withdrawal form
  Vinghen hereby supplies the following information pursuant to the statutory regulation about the template rescission form:
  (complete and return this form only if you wish to withdraw from the contract)
  
  To Vinghen Bulgaria Ltd, sales@vinghen.com:
  
  – I/we(*) hereby rescind the contract entered into by me/us(*) concerning the purchase of the following goods(*)/the rendering of the following service(*)
  – ordered on(*) and received on(*)
  – name of the consumer
  – consumer’s address
  – consumer’s signature (only in the case of notification on paper)
  – date
  (*) delete whichever is incorrect
  
  End of right of withdrawal information
Retention of title
1. Irrespective of the actual delivery date, the title to the Products shall not be transferred to the Customer until it has paid Vinghen the sum outstanding in respect of the Products in full, including the purchase price, any surcharges, interest, taxes and costs payable pursuant to the Terms or an Agreement and any services rendered or to be rendered in respect of the Products.
Inspection and complaints
1. The Customer shall be obliged to carefully inspect the Products immediately upon arrival at their destination or to have these examined upon receipt by the Customer itself or any third party acting at its instructions, whichever is earlier. Vinghen must be informed in writing to sales@vinghen.com of any complaints in respect of defects to the Products or any discrepancies in quantity, weight or quality between the Products supplied and the specification thereof in the relevant order confirmation or invoice no later than within five (5) calendar days after the receipt of the Products. The notification of the Customer must at least give a clear and precise description of the complaints in respect of defects invoked by the Customer, but preferably contains pictures of the defect. The Customer must notify Vinghen of defects that could not in reason have been discovered within the above-mentioned period in writing immediately after discovery, but in any case, no later than within 14 (fourteen) calendar days of the receipt of the Products. Notification of cosmetic damages can only be accepted by Vinghen before use of the Product. Should the Customer fail to inform Vinghen within the above-mentioned term, its rights to exercise any of its rights with regard to such irregularity or defect have lapsed.
1. When the Product is assembled upon arrival at the delivery address by a Vinghen certified Product assembler, the Customer shall be obliged to carefully inspect the assembled Products before accepting its arrival by signing the delivery statement of the assembler.
1. The Customer shall be obliged to immediately cease the use of the Products concerned after discovering any irregularity or defect, under penalty of lapse of the right to exercise any of its rights with regard to such irregularity or defect. The Customer shall provide any cooperation Vinghen may require in order to investigate the complaint.
1. The Customer shall not be entitled to return Products to Vinghen before Vinghen has agreed in writing to such return. The return shipping is free and there are no costs associated with it for the Customer. The Products shall remain at risk of the Customer until receipt by Vinghen of such Products.
1. Other obligations and responsibility of the Customer:
  1. The Customer shall at all times make any and all information necessary for the execution of Vinghen’s activities available timely and shall warrant the accuracy and comprehensiveness thereof.
  1. The Customer shall not be entitled to remove or make invisible any trademarks or identifying marks on the Products, any documents accompanying and/or regarding the Products.
  1. The Customer shall not copy, modify, reverse engineer, decompile, disassemble or otherwise tamper with the Product, its components and/or the Services.
Limited Manufacturer Guarantee
1. In the event of the purchase of a new Ti1 Vinghen push-bike model, in addition to the Customer’s statutory warranty claims, Vinghen gives the Customer a limited 2-year guarantee that the Products are free from defects in workmanship and materials.
1. This limited guarantee referred to in article 9.1 is expressly limited to the replacement of a defective frame, or defective parts, which is the sole remedy under this limited guarantee. Notwithstanding local statutory rights, a repair/replacement under a guarantee does not extend the guarantee period. This guarantee applies to the original owner and is transferable for the remaining period in the event of a new owner having purchased the bike.
1. Claims under the limited guarantee must be made directly to Your point of purchase, whereby proof of the purchase is required. The replacement of boxes is not covered by the limited guarantee. In the event You need a replacement of the box, we will send You one for an additional fee.
1. This limited guarantee does not cover normal wear and tear, improper assembly or follow-up maintenance including damage resulting from incorrectly replacing parts, or installation of parts or accessories. The limited guarantee does not apply to damage or failure due to accident, misuse, abuse, neglect, or failing to follow instructions. Any unauthorized modification of the frame or components shall void this limited guarantee. This limited guarantee shall not apply in case of a copy, modification, reverse engineering, decompiling, disassembly of or otherwise tampering with the Product, its components and/or the Service. Vinghen is not responsible for incidental or consequential damages. This limited guarantee does not affect the statutory warranty rights of the Customer.
1. The incorporated battery of the Product, battery replacements and battery accessories, are tested and should perform over 1000 charge cycles before it falls below 70% of its original total capacity during the warranty period as described in article 9.1 of these Terms.
Force majeure
1. If Vinghen is unable to fulfil any of its obligations towards Customer due to force majeure, these obligations shall be suspended during the force majeure situation.
1. Provided however, if a force majeure situation has lasted for one (1) calendar month, both parties have the right to dissolve the Agreement in writing entirely or in part. In the event of force majeure of Vinghen, Customer is not entitled to any compensation or damages.
1. Parties shall notify each other as soon as possible of any (possible) force majeure situation.
Warranty claims
1. Vinghen warrants only those features, qualities of its Products that are explicitly agreed in writing. All other specific or implied warranties are – to extent allowed under applicable mandatory law – hereby expressly excluded.
1. If Vinghen should deliver Products to the Customer which Vinghen has obtained from its own suppliers, Vinghen shall at no time be obliged to honour a warranty or liability in respect of the Customer which is more far-reaching than that which Vinghen can claim from its own supplier.
1. Except as provided in section 14.1, if, in Vinghen’s opinion, the Customer has been able to prove that any Products supplied by Vinghen to the Customer do not function properly, Vinghen may choose, at its sole discretion, between:
  1. re-supplying the Products with a Product of the same model that is of similar, age, mileage and condition, upon receiving the returned Products;
  1. modifying the Products properly;
  1. granting the Customer a discount on the purchase price to be agreed by mutual consent.
  1. Vinghen shall be fully discharged of its warranty obligations by complying with one of the options described above, and it shall not be held to pay any further compensation or damages.
Liability
1. Customer’s claims for compensation are hereby excluded. This exclusion shall not include the Customer’s compensation claims arising out of the loss of life, physical injury, damage to health or out of the breach of fundamental contract obligations (cardinal obligations), or liability for other damage and loss which is due to an intentional or grossly negligent breach of duty by Vinghen, its legal representatives or vicarious agents. Fundamental contract obligations (cardinal obligations) are those whose fulfilment is what makes the due performance of the contract possible at all and whose fulfilment may be usually relied upon by a contract partner
1. In the event of a breach of fundamental contract obligations, Vinghen is liable only for the contract-typical, foreseeable damage and loss if this was caused through simple negligence, unless the Customer’s compensation claims arise out of a loss of life, physical injury or damage to health.
1. The limitations of liability arising out of 12.1 and 12.2 do not apply insofar as Vinghen’s liability is due to fraudulent concealment or the assumption of a guarantee.
Termination
1. If Customer fails to fulfil any of its obligations arising from the Agreement properly or in time, Customer shall be in default and Vinghen shall be entitled without any default notice:
  1. to suspend the fulfilment of the Agreement until payment has been adequately guaranteed; and/or
  1. to dissolve the Agreement with Customer entirely or in part;
  1. all this without prejudice to Vinghen’s other rights under any Agreement whatsoever and without Vinghen being held to any damages.
1. If Vinghen exercises its right of termination as mentioned in article 13.1, Vinghen is authorized to set off any amount which may possibly be refunded to Customer with a remuneration for activities already carried out as well as with a compensation for loss of profit.
1. In the event of bankruptcy, (provisional) suspension of payment, liquidation or attachment of one or more assets of Customer or if Customer is aware that any of these situations may occur, Customer must notify Vinghen thereof as soon as possible.
1. In case of a situation as referred to in article 13.3, all Agreements with Customer shall be terminated immediately by notice from Vinghen or Vinghen may notify Customer that it wishes (part of) the Agreement concerned to be fulfilled, in which case Vinghen is entitled without any default notice:
  1. to suspend fulfilment of the Agreement(s) concerned until payment has been adequately guaranteed; and/or
  1. to suspend all its payment obligations, if any, towards Customer;
  1. all this without prejudice to Vinghen’s other rights under any Agreement whatsoever and without Vinghen being held to any damages.
1. In the event of a situation as referred to in article 13.3, all Vinghen’s claims against Customer shall be immediately payable in full.
Transfer of rights and obligations
1. Vinghen is allowed to transfer to third parties the rights and obligations described in any Agreement with Customer. If obligations of Vinghen are transferred, Vinghen must inform Customer aforehand and Customer shall be entitled to terminate the Agreement by the date on which the transfer shall take place. In such case, Vinghen shall not be liable for any damages. Except as provided in the Agreement and these Terms, the Customer cannot transfer to third parties any rights or obligations from any Agreement unless after consent thereto by Vinghen. Any attempted assignment in violation of this Section shall be null and void. The Agreement shall be binding on any permitted successor or permitted assignee.
Privacy
1. We care about Your privacy. In the performance of this agreement, we process and safeguard Your personal data according to our Our Privacy Policy. See http://www.vinghen.com/privacy.
Conversion
1. If and insofar as any provision of these Terms cannot be invoked due to any imperative rule of law, the unfair character of these Terms or grounds of reasonableness and fairness, the provision concerned, as far as contents and essence are concerned, shall in all events have a corresponding meaning to such an extent that the provision concerned may indeed be rightfully invoked.
Applicable law, competent court
1. The law of Bulgaria shall be applicable to the present Terms and to all other Agreements. The applicability of the Uniform Law on the International Sale of Movable Property, the Uniform Law on the Formation of International Contracts for the Sale of Goods as well as the Vienna Convention on the Sale of goods is excluded.
1. Any disputes arising from the Agreement or these Terms shall be brought exclusively before the competent court in Sofia.
Invalidity
1. If any term or provision of the Agreement, including in these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Amendment of Terms
1. Unless otherwise provided herein, these Terms may be amended on the part of Vinghen by notification to Customer. In the absence of any protest within 30 (thirty) calendar days after notification the amended Terms shall apply to all new Agreements as of the day of notification as well as to all current Agreements if and insofar as these are carried out after the day of notification.