Terms & Conditions
PLEASE READ THESE TERMS & CONDITIONS (THE “TERMS”) CAREFULLY BEFORE USING LAMPSY’S RESERVATION AND PRE-SALE SERVICE.
Welcome to Lampsy’s reservation and pre-sale service. You are reading these Terms because you are using the website www.lampsy-mobility.com (the “Site”).
These Terms constitute a binding agreement between you (“You”) and LAMPSY PERSONAL MOBILITY, S.L. (“We“, “Us”, or “Lampsy“), regarding your access to and use of the Site.
1.1. We may modify, add or remove portions of the Terms and the content on this Site at any time without notice. All changes are effective upon posting and apply to all access to and use of the Site thereafter. You are expected to check the Site periodically, so You are aware of changes and current Terms because they are binding on You. If You do not agree to the modified Terms, You should discontinue your access and use of the Site. Your continued use and access to the Site following any modification to this Terms shall be deemed an acceptance of all modifications.
2. USE OF SITE AND ACCESSIBILITY
2.1. The purpose of the Site is to provide a space for future Lampsy customers to reserve the right to purchase the high-end personal mobility electric vehicle designed, developed, manufactured and marketed by Lampsy (the “Vehicle“), as well as to pre-purchase the Vehicle on the terms and conditions set out in this document.
You are solely responsible for the accuracy, completeness, timeliness or usefulness of the information you provide. We disclaim all liability and responsibility arising from any reliance placed on such materials by anyone who may be informed of any of its contents.
2.2. You are responsible for obtaining and maintaining all connectivity, computer or mobile software, hardware and other devices or equipment needed for access to and use of the Site and all charges related to the same.
2.3. Access to the Site may not be legal by certain persons or in certain countries. You shall be the one responsible for compliance with the laws that You are subject to.
2.4. If You infringe these Terms, your access to the Site may be terminated immediately and without previous notice.
3. ACCESS AND USE RESTRICTIONS
3.1. The use of the Site shall be restricted to the stated purpose. Accordingly, You shall not use the Site:
(a) In any way that implies a breach of these Terms;
(b) In any way that violates any applicable law or regulation, including uploading or submitting content or information that encourages conducts that may result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice, including any violation or infringement of intellectual or industrial property rights of any person;
(c) In any way that could damage the functioning of the Site or our servers or any networks connected to any of our servers in any manner;
(d) For any commercial or for-profit purposes not previously authorized by Us;
(e) To upload files that contain viruses or similar software programs with the aim to damage another person’s computer or system or otherwise jeopardize the integrity of the Site; and/or
(f) If according to your personal law and to the laws of Spain, You are not old enough to access the Site.
3.2. Furthermore, You should not use automated systems or software to extract data from the Site for commercial or non-commercial purposes (Screen Scraping) unless You have previously concluded a written license agreement with Us for this purpose.
3.3. We may develop automated systems to improve our ability to detect and remove abusive people and activity that may harm our community and the safety and security of our Site, services and products. If We learn of people or activity like this, we will take appropriate action by removing such people or activity or contacting law enforcement.
4. SITE CONTENT AND AVAILABILITY
4.1. We may modify the content of the Site, in our sole discretion without notice. We do not guarantee that the Site and its content will always be available or be interrupted. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Site, or the entire Site, to users.
5.1. The Site offers services for the reservation of the right to purchase the Vehicle and regulates the pre-purchase conditions of the Vehicle (the “Service”).
5.2. For the provision of the Services, You will provide a series of information and documentation through the Site so that We can contact You to arrange the purchase, payment and delivery of the vehicle.
6. REGISTRATION AND ACCOUNT
7. RESERVATION AND PAYMENTS
7.1. When You access the Site and proceed to reserve the Vehicle, You will have to make a payment in the amount of €250.00 by virtue of which You will be entitled to purchase the Vehicle, under the conditions that will be set out below, at the time when the Vehicle manufacturing period begins (the “Reservation Price”). If the Reservation Price is not paid at the time of reservation of the Vehicle, for any case whether attributable to You or not, You will not be entitled to preferential purchase of the Vehicle and Lampsy does not undertake to notify You of the commencement of the Manufacturing Period or to offer to purchase the Vehicle.
7.2. Once You proceed to book the Vehicle and pay the Reservation Price, Lampsy will send You a confirmation email to the personal email address You have indicated during the booking process, where this Terms will be also included, together with the Vehicle reservation information.
7.3. If You pay the Reservation Price and within fourteen (14) days You inform Lampsy that You withdraw from the reservation of the Vehicle, Lampsy undertakes to reimburse the Reservation Price to the bank account from which it was paid, within fourteen (14) days. Once the period of fourteen (14) days has elapsed, You will lose the right to withdraw from the reservation of the Vehicle and recover the Reservation Price.
7.4. The Vehicle will be offered to You at the price posted on the Site at the time You purchase the Vehicle, which may be changed at our sole discretion (the “Price”). For clarification purposes, it is noted that, once You have purchased the Vehicle at the price indicated on the Site, We will not be able to charge You a different price from that price, even if the price has changed prior to the completion of the Vehicle delivery.
7.5. Upon commencement of the manufacturing period, which is tentatively scheduled to begin between March and April 2024 (the “Manufacturing Period“), Lampsy will contact You to inform You and request payment of a percentage equivalent to 40.00% of the Price of the Vehicle (the “First Payment“). If the First Payment is not paid within twenty-one (21) days from Lampsy notifying You of the commencement of the Manufacturing Period, You will no longer be entitled to purchase the Vehicle, without being entitled to recover the Reserve Price.
7.6. Prior to the payment of the First Payment, Lampsy and You will enter into a purchase contract in which it will be detailed, including but not limited to, the terms and conditions of the purchase and the final delivery terms.
7.7. Upon commencement of the Manufacturing Period, Lampsy will do its best efforts to deliver the Vehicle approximately between August and September 2024 (the “Delivery Period“). Prior to actual shipment and delivery of the Vehicle, You will be required to pay the remaining 60.00% of the Price, minus the Reservation Price (the “Second Payment“), when requested by Lampsy.
7.8. Until the Second Payment is paid once requested by Lampsy, Lampsy shall have no obligation to ship and deliver the Vehicle to You. If You do not make the second payment within a period of one (1) month, Lampsy may charge You an additional penalty to the Price, equivalent to € 300 for each week of delay (the “Price Penalty”). Where the delay occurs, until You pay the Second Payment and the Price Penalty, Lampsy shall have no obligation to deliver the Vehicle. If this situation continues so long that the Price Penalty equals the First Payment, You will permanently lose the right to take delivery of the Vehicle, as well as the right to recover the First Payment.
7.9. The Vehicle is currently under last development phase and therefore, it is still not a final product. In this regard, the Manufacturing Period and the Delivery Period may vary from those indicated in this paragraph, without this potential delay entitling You to receive any compensation, nor entitling You to recover any amounts previously paid or to withdraw from the contract, even if there are several delays in the delivery of the Vehicle, with respect to the delivery dates indicated by Lampsy to You. In any case, Lampsy undertakes to do its best efforts to deliver the Vehicle on the Delivery Period.
8.1. Shipping costs will not be included in the Price of the Vehicle and will be charged to You, depending on the country in Europe where the Vehicle is to be delivered. Whilst Lampsy will do its best efforts to ensure the lowest possible shipping costs, the shipping costs may vary depending on the carriers available at the time of delivery of the Vehicle, the area to which the Vehicle is to be delivered, among others.
8.2. Lampsy will not be responsible for any additional costs arising from the shipping of the Vehicle, as well as any delays that may occur for reasons beyond Lampsy’s control, therefore You will be ultimately responsible for the total cost of the shipping.
9. PROPER USES OF THE VEHICLE
9.1. You will not be able to circulate with the Vehicle outside the municipal limits of the cities, nor on highways or unpaved roads, nor roads where the circulation of this type of vehicle is not allowed, nor can it be used in case of snowfall, rain, strong winds, sand storm, or any weather condition that does not allow the correct and safe movement of the Vehicle. Additionally, such as but not limited to, the Vehicle may not be used at a speed higher than the permitted, nor to carry out races (neither in professional competitions, nor in amateur competitions, nor of any kind), nor to carry out any kind of exhibitions not authorized by Lampsy, nor in any type of activity that may endanger Your integrity or that of the Vehicle.
9.2. The Vehicle shall not be used for any purpose, except as expressly permitted under these Terms.
9.3. You will be responsible for any technical related incident not attributable to Lampsy as well as for any non-technical related incident such as but not limited to theft or acts of vandalism. In case further replacements are needed under these circumstances You will assume the cost of any product replacement. Any responsibility, also against third parties, for the improper use of the vehicle, will fall exclusively on you.
10. VEHICLE WARRANTY
10.1. The Vehicle is covered by a warranty provided by Lampsy (the “Vehicle Warranty“), the computation of which shall commence upon Lampsy’s actual delivery of the Vehicle to You. The Warranty shall be provided for the minimum duration established in the Spanish regulations applicable at the time of purchase of the Vehicle (the “Vehicle Warranty Period”).
10.2. During the Vehicle Warranty Period, an in the event that the Vehicle presents manufacturing, quality or software problems, You will have the right and Lampsy undertakes that Lampsy will carry out the corresponding repair, and You will only pay the costs associated with transporting the Vehicle from Your home to Lampsy’s facilities and from Lampsy’s facilities to Your home. Lampsy undertakes to respond to requests related to the Vehicle Warranty in the shortest period of time possible, as well as to repair the Vehicle as quickly as its operational capabilities allow.
10.3. In the event that You or any person alien to Lampsy or its network of distributors who does not have the express and written authorization of Lampsy, manipulates the Vehicle, You will lose the Vehicle Warranty and any rights that it confers. In this sense, in the event that Lampsy discovers or is informed that an attempt has been made to manipulate the Vehicle in any way, it will not be obliged to repair such manipulated Vehicle, regardless of whether You have signed a budget and the Vehicle has been sent to the Lampsy facilities.
In the event that this event occurs, Lampsy will return the Vehicle to the client in the same state that it was received, informing them of this circumstance, and declining all responsibility for damages that the Vehicle may cause to You, third parties or any property as a result of such manipulation.
10.4. The Vehicle Warranty will not include, under any circumstances, any repair derived from falls, run overs, blows, theft, fire or any similar event not attributable to Lampsy, even when it is not attributable to You either. This clause will be applicable under all circumstances, even when You have made a non-negligent use of the Vehicle and through no fault of Lampsy any of the damages described have occurred.
10.5. In the event that the Vehicle has suffered damage derived from its improper use as defined in the previous clause, as well as from manipulation of the Vehicle, whether the Vehicle Warranty Period has not expired, You will lose the right to the Vehicle Warranty. If You want Lampsy to repair the Vehicle under these conditions, Lampsy will provide you with an estimate budget that must be accepted and paid prior to the delivery of the repaired Vehicle.
10.6. Likewise, We make no warranty that the Vehicle will meet your requirements, and, in the event that any damage occurs due to causes attributable to a manufacturer other than Lampsy, which is a supplier or to any carrier or partner, Lampsy will not be responsible for it and You will have to go against them in relation to any eventual claim.
12. CONTENT AND INTELLECTUAL PROPERTY
12.1. Content provided by Us: We or our licensors, when applicable, shall retain all right, title and interest to the Site and any content information, material, code and Site that is part of the Site and any other right, document or material arising from the performance of our services, including without limitation, all copyrights, software, patents, trademarks, navigation architecture, databases, services, graphics, videos and other content and/or visual components that make up the app other intellectual property rights, logos, icons, user interfaces, scripts, videos, text, images, sounds, music, videos and artwork (“Our IP”).
Except with our express written permission or as permitted by applicable laws, You may not (in whole or in part) copy, distribute, reproduce, adapt, store, transmit, decrypt, print, display, commercialize, perform, publish or create derivative works, offer for sale or use (except as explicitly authorized in these Terms) any part of Our IP. No rights are granted to you except as expressly set forth in this Terms.
You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site; use any robot, spider, scraper or other automated means to access the Site; decompile, reverse engineer or disassemble any Site or other products or processes accessible through the Site or the service; insert any code or product or manipulate the content of the Site in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer Site or hardware or telecommunications equipment associated with the Site, including any Site viruses or any other computer code, files or programs.
12.2. Content or Information provided by You: You represent to Us that You are either the owner or have all rights and permissions over any document, file or information (“Your Information”) that You upload to the Site. Furthermore, Your Information will not infringe the rights of any third party.
Lampsy does not supervise, monitor or control the information or messages or notifications or content or files sent by users of the Site. To this end, You agrees to respond to Lampsy and to indemnify for any damages that may be generated to Lampsy or to any other third party as a result of the notifications or communications sent, including but not limited to, the possible civil, administrative or any other type of liability, as well as to pay Lampsy for legal, administrative, judicial, lawyers and solicitors.
13. THIRD-PARTY CONTENT
13.1. In the case that the Site contains an action, information, content, material, data, opinion, advertisement, promotion, logo or any link to any websites, Site, mobile app, wearable technology or any other third-party content (collectively, the “Third-Party Content”), We hereby inform You that We are not responsible for such Third-Party Content, or any changes or updates to them. The Third-Party Content may provide their own terms and conditions of use, privacy policies and cookies policies that apply to You and your use of such Third-Party Content is not governed in any manner by these Terms.
13.2. We may display Third-Party Content, which is deemed appropriate and reliable to You and/or the users. However, as We cannot control all Third-Party Content included, We make no representations or warranties of any kind regarding such Third-Party Content, and We accept no responsibility for any loss or damage which might arise from the use of such Third-Party Content. Accordingly, your use of or interactions with any Third-Party Content, and any third party that provides Third-Party Content, are solely between You and such third parties and, therefore, if You decide to access to such Third-parties Content, You do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Content.
14. DISCLAIMER OF WARRANTIES OF LAMPSY AND LIMITATION OF LIABILITY
14.1. The Site and all information, products and Services provided are provided on an “as is” and “as available” basis, and We expressly disclaim all express or implied warranties of all kinds, including but not limited to guarantee that the implied warranties of accuracy, validity reliability, availability, suitability or completeness of any information, content or data provided through the Site and, therefore, in no event, We will be liable, whether in contract or tort, for any claim, loss, damage, liability, cost or expense of any kind, whether direct or indirect (including damages for loss of business, revenues, profits, data, use, goodwill or other intangible losses) or any other damages of any kind related to You caused from the access or use of the Site or relying on the content of the Site.
14.2. Likewise, We make no warranty that the Site will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.
14.3. We are not responsible for the content, data, or actions of third parties, and You release Us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim You have against any such third parties. No advice or information, whether oral or written, obtained by You from Us or through or from our services creates any warranty not expressly stated in these Terms.
14.4. Any material or information uploaded and/or downloaded or otherwise obtained through the Site, or the server that makes it available, is done at your own discretion and risk, and You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material, as We cannot guarantee that they are free of viruses, worms, trojan horses or other harmful components. You agree that We have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained in the Site.
14.5. In addition, You accept and acknowledge that We do not guarantee the identity of the users of the Site and We will not be liable under any circumstances to You or third parties for any fraud related to the identity of such users.
14.6. Notwithstanding the above, in any case, our aggregate liability relating to, arising out of, or in any way in connection with the Site and/or the Services shall be limited to losses that are a reasonably foreseeable consequence of such breach and, in any case, the maximum amount of liability assumed by Us may not exceed the lowest of the following: (i) the amount paid by You to Lampsy for the Services during the previous six (6) months; or (ii) the amount of 100 €. If the applicable law does not allow all or any part of the above limitation of liability to apply to You, the limitations will apply to You only to the extent permitted by applicable law.
15.1. To the fullest extent permitted by applicable law, You will indemnify, defend and hold Us harmless and our respective past, present and future employees, officers, directors, contractors, consultants, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) that arise from or relate to (i) Your access to the Site, including, but not limited to, services other than as expressly authorized in these Terms; (ii) violation of these Terms or of the applicable law by You; (iv) use of information from the Site by You; or (v) any misrepresentation made by You.
15.2. We reserve the right to take over the exclusive defense of any claim for which We are entitled to indemnification under this clause. In such event, You shall provide Us with such cooperation as is reasonably requested.
16. SUSPENSION AND TERMINATION
16.1. We may modify, suspend or terminate Your access to the Site (in whole or in part) at any time.
16.2. If these Terms or your account are terminated, Your rights to access and use the Site immediately ends and any licenses granted to You under these Terms terminate.
17.1. The Site may contain translations of content that it is originally in other language. These translations are provided only as a convenience. In the event of any conflict between the English language version and the translated version, the English language version shall prevail.
18. CONTACT INFORMATION
18.1. We are a company registered in 08005-Barcelona, calle Pujades, número 51-55, office 23, with Tax Identification Number B-67.406.850 and filed with the Commercial Registry of Barcelona, Volume 46.909, Sheet 24, Page B-535.003.
18.2. You can send any request to Us through this email: firstname.lastname@example.org
19. ENTIRE AGREEMENT AND SEVERABILITY
19.2. If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, for any present or future reason, such invalidity or unenforceability shall not affect the enforceability of any of the remaining provisions hereof. These Terms shall be construed in such a way as if such invalid or unenforceable provisions had never been contained herein. For those purposes, the Terms shall no longer be valid exclusively with respect to the null or invalid provision, and none of the remaining parts or provision of these Terms shall be null, invalid, prejudiced or affected by such nullity or invalidity.
20. WAIVER OF RIGHTS
20.1. The waiver or failure of any party to exercise rights under these Terms will not be deemed a waiver or other limitation of any other right or any future right. Any waiver must be in writing and expressly accepted by the party to be charged therewith.
21. APPLICABLE LAW AND JURISDICTION
Date of last update: 27/02/2023