DAB Motors VEHICLE RESERVATION AGREEMENT
This DBMC (DAB Motors) Vehicle Reservation Agreement (this “Agreement”) is entered into between you and DBMC (DAB Motors) SAS (“DBMC (DAB Motors)”, “we”, “our” or “us”) and sets forth the terms and conditions that apply to your online reservation (a “Reservation”) for a DBMC (DAB Motors) motorcycle. This Agreement is only for the Reservation of a DBMC (DAB Motors) motorcycle, and is not a contract of sale.
BY SUBMITTING A RESERVATION OR CLICKING ON THE “I ACCEPT” OR SIMILAR BUTTON, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT SUBMIT A RESERVATION. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL YOUR RESERVATION IN ACCORDANCE WITH THE CANCELLATION PROCESS DESCRIBED BELOW.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
By accepting this Agreement, you agree to be bound by the terms and conditions of this Agreement, as well as DBMC (DAB Motors)’s Privacy Policy located at [https://dabmotors.com/policies/privacy-policy] (the “Privacy Policy”), as it may be amended from time to time in the future.
**Ability to Enter into this Agreement**
In order to enter into this Agreement, you must have reached the legal age of majority in your jurisdiction of residence, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you. If you accept this Agreement, you represent that you have the capacity to be bound by it.
**Reservations**
Submitting and paying for a Reservation allows you the opportunity to be one of the first to purchase a DBMC (DAB Motors) motorcycle (a “Vehicle”). When submitting a Reservation, you must provide your [first and last name, email address and credit card information], and you must ensure that this information is accurate, current and complete. You must promptly notify us by email at contact@dabmotors.com in the event any of your information that you submitted as part of your Reservation changes or otherwise becomes inaccurate.
By submitting a Reservation, you consent to being billed for the Reservation by DBMC (DAB Motors)’s third party payment processor. Once processed by our third party payment processor, your Reservation will be paid to DBMC (DAB Motors).
You further acknowledge and agree to the following:
1. your submission and our acceptance of a Reservation does not constitute (a) an offer or agreement for the purchase of a Vehicle, or (b) a guarantee of a Vehicle or delivery of a Vehicle within a specific time period;
2. any statements provided by us regarding the expected production, release or delivery date for a Vehicle are purely informational in nature and are not guarantees;
3. the amount you pay as part of your reservation will not accrue interest or change in value during the term of your Reservation;
4. Vehicle pricing indicated at the time of Reservation represents the price including European 20% VAT (deducted for non-EU customers) but excluding any other taxes and shipping costs. The shipping costs and taxes may vary depending on the delivery mode and country of delivery.
5. We reserve the right to cancel and refund any of your Reservations;
6. If you are proceeding to the purchase of the Vehicule, the Reservation amount will be deducted from the Vehicule total price;
7. You are not permitted to sell, give away or otherwise transfer your Reservation to any person without our prior written consent;
**Cancellations and Refunds**
Your Reservation is fully refundable at any time up to the point in time which you elect to apply your Reservation to the purchase of a Vehicle. You may request to cancel your Reservation and receive a refund by contacting us by email at contact@dabmotors.com. Following receipt of your refund request, we will process your refund by crediting the credit card you provided to us at the time of Reservation. If you wish for your refund to be paid via another method, please indicate this in your cancellation request.
We reserve the right to cancel your Reservation for any reason, including without limitation: (a) your failure to comply with this Agreement; (b) if we are unable to contact you; (c) if we are unable to supply the Vehicle you have requested; or (d) the occurrence of any event beyond our reasonable control. If we cancel your Reservation, we will refund your Reservation by crediting the credit card you provided to us at the time of Reservation.
A refund in accordance with this section will be your only remedy in connection with any cancellation of your Reservation.
**Purchase of Vehicle**
If you wish to proceed with purchasing a Vehicle, you must follow the instructions specified in the email notice we provided; a failure to do so may lead to your Reservation being cancelled, delayed or suspended:
Step 1 > 1,500 € credit card payment to secure your spot (deducted from the total price of the Vehicle when the purchase is done)
Step 2 > 6,700 € deposit to validate your purchase
Step 3 > 6,700 € balance payment before shipping/bike ready
We will notify you, via email to the email address you indicated in your Reservation, when the Vehicle you have purchase becomes available.
Any purchase of a Vehicle will be subject to your acceptance of DBMC (DAB Motors)’s terms and conditions of sale for the Vehicle in effect at the time of purchase.
**Disputes**
These conditions are exclusively governed by French law, regardless of your place of residence. The courts of the place of our registered office have exclusive jurisdiction to settle any dispute regarding these conditions, without prejudice to the applicable mandatory law that provides that the courts of your place of residence are competent. In case of national or cross border dispute, you can contact the Online Dispute Resolution platform of the European Union https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
**Contacting DBMC (DAB Motors)**
You may contact us by email at contact@dabmotors.com.