TERMS OF PURCHASE
- These terms of purchase (the “Terms”) always apply, unless otherwise specifically agreed in writing, between RGNT Electric AB, reg.no 559221-5759, Tryckarevägen 8, 434 37 Kungsbacka, Sweden, (“RGNT”), and every customer who makes a purchase of RGNTS wares (the “Customer”) for every purchase made through RGNT’s online store at the webpage www.rgnt-motorcycles.com or any of its sub-domains or connected webpages (together the “Website”) within the EU, Norway, Switzerland and the UK.
- RGNT and the Customer are jointly referred to below as the “Parties” and individually as a “Party”.
- These Terms regulate RGNT’s provision of all goods purchased through the Website (the “Products”) and the Parties’ relations in connection therewith.
- A binding agreement is entered into between the Parties once the Customer has made an online order (“Order”) of a Product and approved the Terms on the Website and RGNT has confirmed the order through a confirmation email (the “Agreement”), whereupon these Terms enter into force between the Parties.
- By approving the Terms, the Customer also confirms that he/she is of legal age and is not under guardianship and therefore has the legal ability and right to enter into the Agreement.
- RGNT may, at its sole discretion, reject an Order if RGNT considers that the Customer does not fulfill applicable minimum requirements or pre-criteria for making the Purchase of the ordered Product(s) or entering into the Agreement.
- Additional conditions other than those provided in these Terms may apply to certain special orders and will in such cases be conveyed by RGNT before the confirmation of such order.
- Information regarding the estimated time of delivery for the Products is given on the product page for each Product on the Website or in the order confirmation from RGNT.
- Seeing as many Products are made to order and relies on the performance of one or several of RGNT’s suppliers, RGNT cannot warrant any specific delivery date and reserves the right to postpone delivery if necessary.
- In the event that RGNT postpones the delivery of an Order from the originally communicated estimated date of delivery by more than 4 months, RGNT shall immediately inform the Customer of such postponement and await the Customer’s approval before continuing the handling of the Customer’s Order. If the Customer does not agree to the postponement of the delivery, RGNT shall without undue delay repay any made advance payments to the Customer.
- If a delivered Order is to be redeemed at a postal agent, the Customer must do so within the time specified in the notification. Delivered Orders must normally be picked up in person with valid identification.
- For uncollected Orders, RGNT reserves the right to withhold any advance payment made for such Order, or make charges to the Customer, to cover any administrative costs, freight costs and handling costs due to the return of the Order. Failure to collect a delivered Order does not count as an exercise of any right of withdrawal and is not covered by any campaigns/offers of free returns.
4. PRICES AND PAYMENT
- All prices on the Website are given in Euro (EUR). Subject to these Terms, the prices given on the Website on the date the Order is placed shall apply.
- The stated prices in RGNT’s order confirmation are final prices for the ordered Products (totals) but may be subject to delivery- or customs charges which shall be borne by the Customer.
- For certain Products and Orders RGNT requires an advance payment. Information regarding the size and due date of such advance payment will be given on the product page for applicable Products on the Website and in the order confirmation from RGNT.
- All Products remain RGNT’s property until full payment of the purchase price of such Product has been made.
- RGNT accepts the following payment methods: debit and credit card, and payment against invoice.
- RGNT reserves the right not to accept certain payment methods for a given Order and to refer to other payment methods. Please note that RGNT only accepts payments from accounts within the European Union (EU). The Customer is responsible for any additional costs associated with money transactions.
- If nothing else has been agreed between the Parties, payment shall be due upon RGNT’s written request.
- If payments are not made in time, RGNT may cancel the delivery of the relevant Order, whereupon any made advance payment will be irrevocably lost and non-refundable.
- In case of late payments, RGNT is also entitled to interest and administrative fees in accordance with applicable laws.
- The down payment is fully refundable 14 days from the online order, after this the deposit is concidered non-refundable.
- If the Customer wishes to issue a complaint regarding the Products delivered by RGNT, the Customer can contact RGNT through the contact form provided on the Websites.
- For a complaint to be valid, it must be reported immediately after the relevant circumstance of the complaint was or should have been discovered. RGNT’s responsibility, however, is in any case limited to circumstances for complaints that are discovered and reported to RGNT within 24 months from the delivery of the Products.
- The Customer must define, when making the complaint, and, if necessary, also show, how the circumstance of the complaint is manifested.
- If the Customer complains about the Products and provides the requested documentation, RGNT 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 RGNT 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
- Even if RGNT aims to deliver the highest quality in its Products, the Products are provided “as is” and RGNT disclaims all representations and warranties, implied or express, with regard to the Products.
- RGNT can also not be made responsible for any actions or services performed by any third party providers that may negatively impair the Customer’s experience of the Products. RGNT does not assess the suitability, legality or ability of any third party providers and the Customer expressly waive and release RGNT from all liability, claims or damages arising from, or that are in any way related to any third party providers. RGNT will not be a party to disputes or negotiations between the Customer and such third party providers.
- Further to the above, RGNT shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including personal injury, lost profits, or property damage related to, in connection with, or otherwise resulting from the purchase or the use of the Products.
- RGNT shall neither be liable for failure in performance or delay resulting from circumstances beyond RGNT’s reasonable control.
- In no event shall RGNT’s total liability to the Customer in connection with an Order exceed the obligation of repayment of already paid purchase prices for such Order.
- The limitations and disclaimer in these Terms do not purport to limit liability or alter the Customer’s rights as a consumer that cannot be excluded under applicable law.
- While RGNT endeavors to update and ensure that the information given on the website or in other marketing material is correct, RGNT makes no representations, warranties or guarantees, whether express or implied, as to the accuracy, completeness, currency or reliability of any of them.
- RGNT disclaims all liability for potential errors in the descriptions, technical specifications and/or illustrations of the Products on the Website.
- RGNT also disclaims all liability for potential errors in the stated stock balance and/or delivery time of the Products on the Website.
- RGNT is also not responsible for any information on the Website given by third parties.
- RGNT cannot guarantee that the displayed colors of the Products on the Website represent the actual colors of the Products, as the color may vary depending on e.g. lighting and color reproduction of different monitors.
- Any claim or request for compensation due to damages in accordance with the Terms must be made to RGNT within a reasonable time from the time the damages were discovered or should have been discovered (normally within 30 days).
7. PERSONAL DATA
- RGNT 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 and the Swedish law (2018: 218) with supplementary provisions to the EU data protection regulation (jointly referred to as “GDPR”.
8. FORCE MAJEURE
- With the exception of events where a Party has acted with intent or gross negligence, such Party shall be exempt from liability for breach of the Terms and/or sanction as a result of failure to fulfill obligations under the Terms due to circumstance that hinder or significantly impede or delay performance.
- Such a circumstance is, for example, war, terrorist attack, authority regulation, action or omission, labor market conflict (even where the Party does not itself participate in the conflict), blockade, fire, restrictions on energy supply, pandemic, flood or other natural disaster or accident of greater magnitude or other circumstances outside of a Party’s control.
- A Party wishing to invoke such a circumstance shall without delay inform the counterparty in writing of the occurrence of the circumstance and the expected delay of the performance of the obligations under these Terms and the Agreement.
9. INTELLECTUAL PROPERTY RIGHTS
- RGNT is the sole owner of all rights, including intellectual property rights to the Products, including but not limited to rights concerning trademarks, trade names, design, text, software, etc., except for certain rights owned by RGNT’s licensors.
- Nothing in the Terms, the Orders or order confirmations, shall be construed as if any of these rights being wholly or partly transferred to the Customer.
- Any copying, modification, transfer, licensing and/or other use of the RGNT’s intellectual property is strictly prohibited.
- The Customer understands that the unauthorized use of RGNT’s intellectual property rights or rights from RGNT’s licensors constitutes a breach of contract and may constitute a criminal action. RGNT has the right to take legal action against the Customer in the event of such unauthorized use of the aforementioned intellectual property rights.
- The Customer agrees that all communication between the Parties, including but not limited to confirmation, reminder, termination, notices and other information in connection with the Products and/or the Terms, shall be sent electronically by email between the Parties or by such other means as RGNT specifies on the Websites.
- The Customer undertakes to state the current and valid email address to which the Customer wishes the communication to be sent when making an Order or a complaint/claim.
- The Customer further undertakes to immediately notify RGNT of any updates regarding the Customer’s contact information.
11. CHANGE OF THE TERMS
- RGNT has the right to amend or make additions to the Terms at any time.
- For each Order, the version of the Terms presented to and approved by the Customer at the time of the Order shall apply.
12. CHANGES IN THE PRODUCTS AND CANCELATION
- RGNT is entitled at any time, without prior notice, to change the configuration of the Products, as well as how the Products are provided.
- RGNT also has the right to implement updates, develop, improve and modify the Products to such an extent as RGNT deems necessary or appropriate. Such changes may result in some of the Products’ functions being changed, terminated or added.
- RGNT also has the right to at any time discontinue some or all of the Products in their entirety.
- In the event that RGNT takes any of the actions described under section 13.1-13.3 above, RGNT shall immediately inform the Customer of such changes and await the Customer’s approval before continuing the handling of the Customer’s Order. If the Customer does not agree to the changes, or if the Ordered Product was discontinued, RGNT shall without undue delay repay any made advance payments to the Customer.
- The Customer may not assign or delegate any of his/her rights or obligations under these Terms.
- RGNT always has the right to assign its rights and obligations regarding the Products and these Terms to such third party that procures RGNT’s business.
- If RGNT fails to insist that the Customer performs any of his/her obligations under these Terms, or if RGNT does not enforce its rights against the Customer, or delay in doing so, that will not mean that RGNT has waived its rights against the Customer and does not imply that the Customer do not have to comply with those obligations. If RGNT does waive a default by the Customer, it will only be made in writing, and does not imply that any later default by the Customer is thereby automatically waived.
14. STATUTORY CONSUMER RIGHTS WITHIN THE EU, NORWAY AND UK
- All Customers within the EU, Norway and UK, who are consumers, have a statutory right to cancel and return an Order for any reason within 14 days from the day of delivery of such Order. Any invocation of such right of cancellation/withdrawal is preferably made through the contact form on the Website.
- The above stated right of withdrawal is not applicable in cases where the Product is digital and available directly upon purchase or in cases where the Product is are made to order or clearly personalized.
- If the Customer is entitled to a refund due to a cancellation or withdrawal, such repayment will be made to the credit card, debit card or bank account used by the Customer to pay for the Products.
- In case of a cancellation or withdrawal of an Order, RGNT reserves the right to withhold any advance payment made for such Order, or make charges to the Customer, to cover any administrative costs, freight costs and handling costs due to the return of the Ordered Product.
15. APPLICABLE LAW AND DISPUTES
- Swedish law shall apply to the Terms and the Products.
- Disputes arising in connection with the Terms shall, as a starting point, be resolved by amicable agreement between the Parties.
- Failing the above, disputes shall be finally settled by Swedish general court, with the district court of Stockholm as the first instance, or by such other authority with the statutory competence to handle the dispute.