Pre-Order Agreement Terms & Conditions

Snowsus Oy Electric Personal Water Craft (Electric Jet Ski)

Introduction

1. This pre-order agreement (the “Agreement”) contains the terms with respect to a pre-order of your electric personal water craft (EPWC) from Snowsus Oy (Business ID: 2962040-6), a private limited liability company incorporated in Finland (the “Company”).
2. The terms of this Agreement enter into force only after the Company has received a pre-order payment of the EPWC (the “Pre-Order Payment”).

Order Process

This Agreement does not constitute a sales contract. By filling out this Agreement and by paying the Pre-Order Payment of EUR 1.000 (one thousand euro), you are not yet committed to buying the EPWC but reserve the right to order a EPWC to be manufactured by the Company (the “Pre-Order”). You may cancel your Pre-Order at any time.

As the EPWC is still under development, its features, technology and design may be subject to change – and it is also possible that the manufacturing of the EPWCs shall not commence at all. Consequently, also the Company has the right to cancel your Pre-Order at any time, at the sole discretion of the Company.

After you submit your completed Pre-Order and the options you selected become available in production, the Company will invite you to complete the configuration of your EPWC. The Company will then disclose you the EPWC configuration and final price (EUR). The final price will include such things as your final EPWC configuration, the purchase price, taxes, logistics charges (transport, storage, packaging costs), and any other fees. The Pre-Order Payment will be deducted from the final price, if the sales contract is entered into as described below. In case the Company decides not to manufacture the EPWC at all, at the sole discretion of the Company, the Company shall refund you the Pre-Order Payment in full. The EPWCs will be manufactured roughly in the order of Pre-Orders made, but the Company cannot guarantee this.

When your final order can be confirmed by the Company and production of the EPWC can be planned, the Company shall send you an offer (the “Offer”) for a sales contract (the “Sales Contract”) based on the contact information provided to the Company by you. You have 30 days from the date of the Offer to accept the Sales Contract.

The terms of sale and delivery of the EPWC shall exhaustively be set forth in the Sales Contract.

Cancellation & Changes

If you decide that you do not want to enter into the Sales Contract, or if you want to cancel your Pre-Order prior to the Offer, you may cancel the Pre-Order by sending the Company a written notice to the email address sales@vivaelectricjets.com. In this case the Pre-Order will lapse, and the Pre-Order Payment will be refunded to you within thirty (30) calendar days from the receipt of the notice of cancellation by the Company using the payment information provided to the Company by you.

In case you neither accept the Sales Contract nor cancel the Pre-Order, The Company shall keep your Pre-Order Payment until the Company receive your cancellation of the Pre-Order.

Please note that no interest shall be payable on the Pre-Order Payment, irrespective of the party making the cancellation, save for the interest on arrears in case the Company fail to refund you the Pre-Order Payment within 30 days after having received your notice of cancellation.

The Company may assign this Agreement at its discretion to one of its affiliated entities.

The Company may propose changes to your Pre-Order configuration of the EPWC, or cancel your Pre-Order and refund your Pre-Order Payment if the Company discontinue a product, feature or option after the time you place your Pre-Order. Until the Sales Contract has been entered into, you may request changes to the configuration of your EPWC.  Please note that changes to the configuration of the EPWC may result in price increases and thus a new offer for a Sales Contract shall be made.

Privacy Policy

Company’s Customer Privacy Policy, as in force from time to time, can be viewed at https://vivaelectricjets.com.

Payment

The Payment of the Pre-Order shall be made after completing and confirming the pre-order form on the Company´s website at https://vivaelectricjets.com by means of a credit card (selection of accepted credit cards may be limited) or bank transfer.

Dispute resolution & Applicable Law

These terms and conditions shall be governed by Finnish law (excluding its rules on choice of laws).

Consumers

Any dispute, controversy or claim arising out of or relating to this Agreement, including the formation, interpretation, breach or termination thereof, shall be settled by the District Court of Oulu in Finland.  A consumer may always institute proceedings in the district court of its domicile within the EU. Consumers may also use the ODR platform managed by the European Commission to settle their disputes, accessible at ec.europa.eu/odr. Finnish consumers may always refer a dispute to the Finnish Consumer Disputes Board (see more: https://www.kuluttajariita.fi/fi/ and 
https://www.kkv.fi/kuluttaja-asiat/kuluttajaneuvonta/).

Business clients

Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, may be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The arbitration tribunal shall consist of one (1) arbitrator. The seat of arbitration shall be Helsinki, Finland. The language of the arbitration proceedings shall, if the Parties so agree, Finnish. However, in case the Parties do not agree on the use of Finnish language as the language of the arbitration proceedings, the language of the arbitration proceedings shall be English.

VAT (Value Added Tax)

Snowsus Oy, nore Viva Electric Jet is responsible for customer’s tax planning and duties. However, before ordering an EPWC outside the EU boarders, it is obligatory for the customer to resolve all import tax issues.

Please be noted, that B-to-B and B-to-C sales may differ regarding tax duties.

If needed, please contact the seller for any unresolved tax issues.

Limitation of Liability

Neither party shall be liable for any incidental, special or consequential damages arising out of this Agreement.

Export Control / Sanctions

The EPWC and this Agreement may be subject to export control laws or may otherwise be subject to sanctions or restrictions placed on export, re-export or retransfer. Also an export and/or import license from one or more governmental/public authorities in one or multiple jurisdictions may be required for the sale and delivery of the EPWC.

You represent and warrant that you are not on any restricted list pursuant to relevant export control laws or sanctions, and that you are not located in a country that is subject to any export control restrictions or sanctions.

Discontinuation

The Company and its affiliates sell EPWCs directly to end-consumers, and the Company may unilaterally cancel any order that the Company believe has been made with a view toward resale of the EPWC.