Lynk & Co 01 Pre-order Terms and Conditions - Choosing made easy
The following are the general terms and conditions that apply to the placing of a pre-order (the ‘Terms of Pre-Order’) of one (1) Lynk & Co 01 (‘Pre-Order’).
Lynk & Co (‘We’, ‘Us’, ‘Our’) encourage you to read through these Terms before placing a Pre-Order with Us. By placing a Pre-Order, You agree to be bound by these Terms of Pre-Order.
Please note that these Terms of Pre-Order are only applicable to the placing of a Pre-Order. Should You in the future decide to place an Order for a Lynk & Co 01, these Terms of Pre-Order will not apply. An Order and following purchase of a Lynk & Co 01 will be governed by separate terms and conditions.
We recommend that You print these Terms of Pre-Order or save a copy for Your own reference in the future.
As things change, these Terms of Pre-Order may change too, so please make sure to read through these Terms of Pre-order. We will always notify You of any such update to these Terms of pre-Order.
1.1 A Pre-Order is a non-binding order that makes you a prioritized customer for purchasing a Lynk & Co 01 upon the start of sale of the Lynk & Co 01 in (insert country). These Terms of Pre-Order are not a purchase agreement or a binding order nor a confirmation or guarantee from Us that You will have a right to purchase a Lynk & Co Car with priority of other customers. Only one (1) Pre-Order can be made per customer. Should more than one (1) Pre-order be made by a consumer, We will cancel the Pre-Order. The possibility of making a Pre-Order is available at the geographical location decided solely by Lynk & Co.
2. Placing a pre-order
2.1. To place a Pre-Order, You need to accept these Terms of Pre-Order. If You cannot accept these Terms of Pre-Order, You will not be able to continue to place Your Pre-Order.
2.2. You must have the legal capacity to place a Pre-Order. This usually means that You,
• Have to be over 18 years of age and not subject to guardianship or similar, or
• If You are not over 18 years of age, You have your legal guardians consent and pay with a debit or credit card (that We accept) and that You are authorized to use, and
• You are not a person, or acting on behalf of a person, specified on any sanctions list imposed by the United Nations, European Union or United States of America. In cases where this statement is true, Your Pre-Order will be terminated with immediate effect, We will be under no obligation or liability to compensate You and We may not be able to repay Your Deposit.
2.3. You must place the Pre-Order online through the Lynk & Co webstore on the website (www.lynkco.XX) (the ‘Site’) or related Lynk & Co mobile sites and applications (jointly called the ‘Online Store’).
2.4. You must provide accurate details and correctly fill in the mandatory fields.
2.5. You must pay the Deposit (as described further below in Section 3).
2.6. By finalizing the Pre-Order by clicking on the “submit and pay deposit” button and checking the box accepting the Terms of Pre-Order, You acknowledge and confirm that
1. You have read and agree to these Pre-Order Terms, and 2. upon receipt of Your payment of Deposit, as specified below in Section 1.6, an agreement has been entered into between You and Lynk & Co (‘Pre-Order Agreement’). 2.7. Once You have finished the Pre-Order process and We have received Your Deposit, We will send you a receipt of Your Pre-Order to the email address provided by You (‘Pre-Order Confirmation’). This will be accompanied by a unique Pre-Order reference number.
3. The deposit
3.1. We will collect a fully refundable deposit (the ‘Deposit’) of EUR 500.00 or SEK 5500.00 (depending on Your country of residence) exclusive of value added tax (‘VAT’) for processing Your Pre-Order. As We do not charge VAT on the deposit, You cannot reclaim VAT on the Deposit should You choose to have it refunded. No interest can be collected by You on the Deposit.
3.2. The Deposit is payable by credit and debit card issued by VISA or MasterCard. Upon entering Your payment details, Your details will be conveyed securely to our Payment Service Provider (‘PSP’) in an encrypted form via a secure line and are processed there.
3.3. All credit- and debit cardholders are subject to validation- and authorization control by the card issuer. Should the issuer of the given credit- or debit card refuse to authorize the payment to Us, You will receive a message that the payment could not be fulfilled and Your Pre-Order will be cancelled.
3.4. Should You decide to place an Order for and purchase a Lynk & Co 01, the Deposit can be used as a partial payment thereof.
4. Cancellation and refund
4.1. You can cancel Your Pre-Order at any time without specifying any reason for doing so. Should You wish to cancel Your Pre-Order, please contact the Lynk & Co Customer Engagement Center (‘Engagement Center’) according to the details above.
4.2. We reserve the right to also cancel the Pre-Order made by You at any time. Should we choose to do so, We will contact You according to the details You have provided when placing the Pre-Order.
4.3. Should You or We cancel Your Pre-Order, We will refund Your Deposit using the same payment method that You used for Your payment, unless this is not possible, without undue delay and in any case no later than fourteen (14) days from when We receive Your cancellation notice or You receive Our cancellation notice. Once the Pre-Order has been cancelled the Pre-Order reference number will no longer be possible to use.
5. No warranty
5.1. A Pre-Order is not a binding order or binding agreement to purchase, it does not grant You a right to purchase a Lynk & Co 01.
5.2. All images displayed of the Lynk & Co 01 on the Online Store are for illustrative purposes only and are not to be considered as specifications of the Lynk & Co 01.
6. Personal data
7. Limitation of liability
Nothing in these Terms for Pre-Order will exclude or limit Our liability with regard to any matter for which it would be unlawful to do so. Notwithstanding this, We will in no event be liable or responsible for any damage or loss arising from or in connection to Your Pre-Order, including but not limited to inability to or delay in performing Your Pre-Order. Your sole remedy for Your Pre-Order is the refund of Your Deposit.
8. Transfer of rights and obligations
8.1. We reserve the right to assign or transfer Our rights and obligations under the Pre-Order Agreement to third parties. This will not affect Your rights and Our obligations under these Terms for Pre-Order. We will always notify You in writing should this happen.
8.2. You are not allowed to transfer any unfulfilled obligations to a third party without Our prior written consent.
9. Applicable law and jurisdiction for consumers
9.1. All Contracts between You and Us shall be governed and construed in accordance with the laws of Sweden unless otherwise clearly stated.
9.2. If mandatory statutory Consumer protection regulations in Your country of residence contain provisions that are more beneficial for You as a Consumer, such provisions shall apply.
9.3. You as a Consumer may bring any judicial proceedings relating to the Contract before the competent court in Your place of residence or the competent court of Our place of business.
9.4. If We wish to enforce any of Our rights against You as a Consumer, We will do so only in the courts of the jurisdiction in which You are a resident.
10. Alternative dispute resolution for consumers
10.1. If You as a Consumer have a claim or complaint that You cannot settle with Us, You have the possibility to also submit Your complaint to the European Union’s online dispute resolution platform (the “ODR Platform”) which allows traders and consumers, like You, to settle complaints that stem from online purchases, out of court. The ODR Platform is accessible at: http://ec.europa.eu/consumers/odr.
10.2. We are not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with Consumers.