TERMS & CONDITIONS OF USE & SALE

PART 1: TERMS AND CONDITIONS OF USE

1. Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country refers to: Spain.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to NIKO EC (Europe) S.L, Bellavista Business Centre, C. Solana, Unit 4, 30389 Cartagena, Murcia, SPAIN.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Service refers to the Website and our mobile Applications (iOS and Android).
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to NIKO EC, accessible from nikoec.com.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Please read Our Privacy Policy carefully before using Our Service.

3. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

4. Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

5. Limitation of Liability (Service Usage)

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 EUR if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

6. “AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

7. EU Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to an EU embargo, or that has been designated by the EU as a “terrorist supporting” country, and (ii) You are not listed on any EU list of prohibited or restricted parties.

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PART 2: TERMS OF SALE

BY ENTERING INTO A PURCHASE AGREEMENT (“AGREEMENT”) WITH NIKO EC (EUROPE) S.L. (HENCEFORTH REFERRED TO HEREIN AS THE “COMPANY”), THE PURCHASER (“PURCHASER”) HEREBY AGREES TO THE FOLLOWING TERMS AND CONDITIONS OF SALE:

1. General Agreement

The “Terms and Conditions of Sale” outlined herein shall apply to the sale by the Company of the products, equipment and parts described more fully in the accompanying invoicing documentation (collectively, “Equipment”), unless otherwise agreed to in writing by the Company. The Company hereby gives notice of objection to any additional or different terms included in any purchase order or other form submitted by the Purchaser. Such additional or different terms shall not be included in this Agreement unless otherwise agreed to in writing by the Company.

2. Payments, Title, and Liens

Payment in full by bank transfer, debit, or credit card is due by the terms agreed to by the Purchaser and the Company. Title to all products purchased from the Company shall remain in the Company’s ownership until payment is received in full, at which time title shall pass to the Purchaser. Risk of loss passes to Purchaser upon delivery of the Equipment to the Purchaser, in accordance with the applicable invoice, shipping terms, or Dealer Agreement.

As collateral security for the payment of the purchase price of the Equipment, Purchaser hereby grants to the Company a lien on and security interest in and to all of the right, title, and interest of the Purchaser in, to, and under the Equipment, wherever located. The security interest granted under this provision constitutes a purchase money security interest under applicable Spanish Commercial Law. Payments by credit card may incur an additional 3.5% fee as is standardly charged for credit card processing.

3. Late Payments and Collections

All invoiced amounts not paid within the agreed upon payment terms may, at the discretion of the Company, accrue interest from the specified invoice due date at the rate of eighteen percent (18%) per annum or the maximum amount permitted by law; whichever is lower. Any accounts that have unpaid balances that have aged past 60 days may be turned over for collection or legal action and the Purchaser shall be required to pay collection fees, and/or the costs to collect said balances, including reasonable attorney’s fees.

4. Tariffs and Freight

Tariffs will be charged at a rate of six percent (6%) on select Equipment including, but not limited to, Carts/Cars, new or replacement batteries, and new or replacement seats.

Freight, if arranged by the Company, will be charged at current market shipping costs at time of sale and may include additional handling/loading costs within reason.

5. Returns, Inspections, and Consumer Rights

For European Union Consumers (B2C Purchases)

If You are purchasing Equipment as a consumer for personal, non-commercial use, You have the right to withdraw from this contract within 14 days without giving any reason, in accordance with EU and Spanish consumer protection laws. The withdrawal period will expire after 14 days from the day on which You, or a third party indicated by You, acquires physical possession of the goods.

To exercise the right of withdrawal, You must inform us of your decision by an unequivocal statement. You shall send back the goods to our facility at Bellavista Business Centre, Cartagena, without undue delay and in any event not later than 14 days from the day on which You communicate your withdrawal. You will have to bear the direct cost of returning the goods.

For Business and Dealer Purchasers (B2B Purchases)

If You are purchasing Equipment for business purposes, for resale, or under a Dealer Agreement, You shall inspect the Equipment within five (5) days of receipt (“Inspection Period”). You will be deemed to have accepted the Equipment unless You notify the Company in writing of any Nonconforming Equipment during the Inspection Period. “Nonconforming Equipment” means only the following: (i) product shipped is different than identified in Purchaser’s purchase order; or (ii) product’s label or packaging incorrectly identifies its contents.

If a business Purchaser timely notifies the Company of any Nonconforming Equipment, the Company shall, in its sole discretion, (i) replace such Nonconforming Equipment, or (ii) credit or refund the Price for such Nonconforming Equipment. Purchaser shall ship, at its expense and risk of loss, the Nonconforming Equipment to the Company’s facility as designated in the invoice or Dealer Agreement.

6. Non-Delivery

The Company shall not be liable for any non-delivery of Equipment (even if caused by the Company’s negligence) unless Purchaser gives written notice to the Company of the non-delivery within five (5) days of the date when the Equipment would in the ordinary course of events have been received.

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PART 3: GENERAL PROVISIONS

1. Governing Law and Disputes Resolution

The laws of Spain, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users: If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

2. Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. The failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter.

3. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms.

4. Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: hello@nikoec.com
• By phone number: +34 711 05 63 98
• Address: Bellavista Business Centre, C. Solana, Unit 4, 30389 Cartagena, Murcia, SPAIN