1. Scope of application of the General Terms and Conditions

The general terms and conditions govern the operation of the website and the online store as well as the conditions of purchase in the online store and other rights and obligations of the user and the provider. They relate to your use of https://strix-evolution.com (“Site”), your purchase and use of an electric motorcycle sold by Strix eMotors, together with any spare parts, accessories, clothing, or other related products (“Products”) and link to any online platform and application that we make available for use in connection with the Products (“Platform”). The website and online store is owned and managed by STRiX eMotors d.o.o., Cesta k Dravi 21, 2000 Maribor, registration number: 9329447000, VAT ID: 58228519 (hereinafter also referred to as STRiX eMotors”, “company”, “seller”, »manufacturer«, “provider”, “we”, “us”).

For the purposes of these terms and conditions, we address you as a user of the services of this website and online store also as “you, “your”, “customer”, “buyer”. If you are using the Services on behalf of a company or other legal entity (“entity”), then “you”, “your”,  “buyer” include you and that entity, and you represent and warrant that you are the legal representative of that entity or an authorized representative of the entity with authority to bind the entity to these terms, and that you agree to these terms on behalf of the entity.

The Website and any content, tools and functionality available on or through our Website, Products and Platform, including the purchase of products, are collectively referred to as the “Services”.

The general terms and conditions apply to the use of the website, purchases, orders, product shipments and other services performed on the STRiX eMotors website or ordered in the STRiX eMotors online store.

You must be 18 years of age or older (“User”) to use the Services. By using the Services, you represent and warrant that you meet these requirements. Users may not provide any personal information of persons under the age of 15, including for delivery or shipping purposes or for any other reason.

Your access to and use of the Services is at your own risk.

Please read these terms carefully as they contain important information about your legal rights and obligations. By accessing and/or using the Services, you agree to these Terms. If you do not understand or agree to these terms, please do not use the Services.

2. Purchase options

a) Purchase without a user account

You can purchase products in the STRiX eMotors online store as a user without a user account (“guest”). By entering his data, the buyer guarantees that the data he entered is complete and correct.

To complete the purchase in the online store, the customer must enter the following personal data: e-mail address, first name, last name, address, city, postal code, country, contact phone number. He needs this data to execute the order.

For a successful purchase, the buyer must also check the box that he agrees with these General Terms and Conditions and that he gives his consent for STRiX eMotors to process his personal data, which he entered in the application form for the purpose of providing services within the online store or with the terms personal data processing in accordance with STRiX eMotors Privacy Policy.

b) Purchase with a user account

In order to use some Services, you may need to create an account (“Account”). You agree and warrant that you will provide us with accurate, complete and up-to-date information for your account. You can access, edit and update your account through your account profile settings page. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not responsible for any acts or omissions by you in connection with your account. You must notify us immediately at [email protected], if you know or have any reason to suspect that your account or password has been stolen, misappropriated or otherwise compromised, or in the event of any actual or suspected unauthorized use of your account.

3. Restrictions on purchase and return of the product

We reserve the right, with or without prior notice and at our sole discretion, to discontinue, change or limit the available quantity of any product and to refuse any user the purchase of any product, even if we have already confirmed the order in the online store, or we refuse delivery of such products to the user or to an address specified by the user.

When we receive your order for a product, we will send you an order confirmation. However, your receipt of an order confirmation does not constitute acceptance of your order and does not constitute confirmation of our offer to sell; we are only confirming that we have received your order. We reserve the right to accept or reject your order at any time after receipt of your order for any reason and in our sole discretion. If we cancel the order after we have already charged you for it, we will return the charged amount of EUR 500,00 for the seriousness of the order or the purchase price already paid.

The Company will not accept any refunds or cancellations nor refund the amount of the deposit or the amount of EUR 500,00 for the seriousness of the purchase or refund the purchase price of any product that is specifically customised for a certain customer.

4. Purchase process

The buyer from the assortment of the STRiX eMotors online store selects the product he/she wants to buy and orders it by clicking on the “Order now” button, which immediately directs him/her to the end of the purchase, where he/she enters his/her personal data/company data and chooses the delivery method and payment method. Missing or incorrect content is displayed with a red frame and a correction warning. The buyer completes his/her order by clicking the “Place order” button.

By clicking the “Place order” button, the buyer submits a binding offer to purchase the product. With this, the buyer confirms that he/she agrees to pay by placing the order.

In the case of a successfully placed order, a confirmation of receipt of the order is displayed on the website, after which the buyer receives a confirmation of receipt of the order by e-mail. After that, STRiX eMotors will review the order and check the availability of the ordered products and confirm the customer’s order within 72 hours after the order has been placed, if it can fulfill it. The purchase contract between STRiX eMotors and the buyer is concluded when the buyer receives an electronic message with the “Order Confirmation” notification. If the buyer does not receive this confirmation email within 72 hours of placing the order, the contract between the buyer and STRiX eMotors is not concluded and the order is not binding for either the buyer or the seller.

In the event that STRiX eMotors is unable to deliver any of the ordered products within the estimated delivery time due to unforeseen reasons (delivery service delay, weather conditions, delays due to the consequences of an infectious disease, etc.) over which STRiX eMotors has no influence, the buyer will be informed of this and the new estimated delivery date will be notified by e-mail or phone.

The buyer agrees that STRiX eMotors will send him a confirmation of the electronically concluded contract to his e-mail address (permanent data carrier).

The buyer agrees that STRiX eMotors will send him/her a confirmation of the electronically concluded contract to his/her e-mail address (permanent data carrier).

In the event that it is necessary to check the customer’s data or to ensure correct delivery, STRiX eMotors may call the customer on the phone number that the customer entered in the online store when placing the order or send him an email when STRiX eMotors forwarded it.

The confirmed order and thus the contract is sent to the buyer’s email address. Purchase contracts (orders) are concluded in Slovenian, and for buyers from outside the Republic of Slovenia in English.

The customer is bound by the general conditions that are valid at the time of placing the online order or purchase. By placing an order, the buyer confirms his familiarity with the general terms and conditions. The general conditions will also be available after the conclusion of the contract and can also be printed by the buyer.

5. Methods of payment for online purchases

Payment is possible using the means of payment specified in the order completion process. You represent that you have the legal right to use the means of payment that you provide to us or our payment processor, including any credit card, without the restrictions that you indicate at the time of completing the transaction. You also guarantee the correctness, completeness and up-to-dateness of the data related to the means of payment. When you purchase Products, you expressly agree to pay the price for such Products as set forth in the applicable Service and all shipping and handling charges for the Products and any applicable taxes in accordance with national law in connection with your purchase (“Full Amount purchase”), as well as you expressly agree to authorize us to charge your credit card or other means of payment for the full amount of the purchase. All fees and charges must be paid in accordance with the payment terms in effect at the time the fee or charge becomes payable. In the United States and Canada, sales tax is not included in the price displayed on the website and will be added in accordance with federal and state regulations prior to final payment. Orders will not be processed until payment is received in full and any holds on your account by any payment processor are your sole responsibility.

Customers can pay for a product purchased in the STRiX eMotors online store in the following ways: Credit card (VISA, Mastercard, Diners club), Stripe, PayPal.

6. Possibility of deposit

From time to time, we may offer the option of pre-booking a product by non-refundable bank transfer (“Deposit”). The amount of the deposit is determined during the checkout process and will vary depending on the product purchased. We can cancel your reservation at any time and refund your deposit. Before any scheduled delivery, you will receive an email or other notice from the Company with instructions on how to complete the remaining payment for the Product (and we will try to send you such email at least 3 weeks before any scheduled delivery). If payment is not made within 72 hours of receiving such email, your order will be canceled unless we agree to different terms.

7. Payment of the amount for the seriousness of the order when purchasing an electric motorcycle

When ordering/buying an electric motorcycle, the buyer must pay the amount of EUR 500,00, thereby confirming the seriousness of the electric motorcycle purchase. The buyer expressly agrees that STRiX eMotors will receive the amount of EUR 500,00 upon purchase of the electric motorcycle and that the buyer’s credit card or other methods of payment will be charged for the specified amount. The stated amount is included in the amount of the purchase price for the electric motorcycle.

8. Prices

All prices for products in the online store are listed in euros (EUR) and exclude value added tax (VAT). The provider declares that he is a taxable person identified for VAT purposes. The price that binds the buyer is the price that is valid at the time of placing the order and has no further validity, except in the case of promotions, when the validity of the offer is specifically indicated.

The provider strives to provide the most accurate information, but it may still happen that the price information is incorrect. In this case, or in the event that the price of the product changes during the processing of the order, the provider will allow the customer to withdraw from the purchase.

Prices in the STRiX eMotors online store can be changed without prior notice.

Users of the online store can buy products at promotional prices and prices with discounts. Various campaigns, promotions and other marketing techniques will be marked as such and will be described in each case. Discounts, promotional codes, etc. do not add up, unless explicitly stated otherwise on the provider’s website. All marketing campaigns will be listed on the online store.

We may also offer physical and/or digital gift cards that contain a stored monetary value (“Gift Cards”) for the purchase of products. The Company makes no guarantees regarding your Gift Card balance and is not responsible for any unauthorized access to your Gift Card balance or the alteration, theft or destruction of the Gift Card or Gift Card Code resulting from your act or the act of a third party. We may suspend or prohibit the use of your Gift Card if your Gift Card or Gift Card Code has been reported lost or stolen or if we believe that the balance on your Gift Card is being used in a suspicious, fraudulent or otherwise unauthorized manner. By purchasing a Gift Card, you represent that your use of the Gift Card will comply with these Terms and all applicable laws, rules and regulations, and that the Gift Card will not be used in any manner that is false, misleading, unfair or otherwise harmful to consumers. Gift Cards may not be used to purchase other Gift Cards, reloaded, resold, used to pay outside of the Services, used for unauthorized marketing, sweepstakes, advertising or other promotional purposes, redeemed for more than face value, transferred for value, redeemed for cash or return for a cash refund (except to the extent permitted by law).

The price includes the cost of appropriate packaging, as provided by the seller. Adequate packaging means that the products are in the appropriate packaging (which prevents damage to the products during transport). The packaging corresponds to the shape, size, weight and value of the product.

9. Shipping cost and shipping conditions:

Shipping costs charged to the user of the services are indicated at the time of order completion, and shipping terms apply in accordance with Incoterms standards. Products delivered to any of the following countries will be treated under the DDP Incoterms clause: European Union countries, Norway, Iceland Switzerland, United Kingdom, Isle of Man, Liechtenstein, Luxembourg, Turkey, Ukraine, Malta, United States of America, Canada, Australia, New Zealand. For all other countries, the DAP Incoterms clause applies, which means that customs and tax payments are the buyer’s responsibility. Title and risk of loss for any purchases of physical products pass to you once we deliver them to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. All orders are sent via one of the third party delivery services. Although deliveries may be scheduled for a specific time, we cannot guarantee delivery by a specific date or time and we are not responsible for any damages that may arise as a result of delay and are not obliged to provide any discounts, refunds or credits for any such delays. We are also not responsible for any damage caused to the product by the delivery service.

10. Invoice

Upon delivery of the ordered products, STRiX eMotors provides the customer, in addition to the ordered product, an invoice by e-mail for the purchased products and a summary of the order.

All costs related to the purchase are listed in detail on the invoice, namely the price and quantity of each product, the calculated VAT and any delivery costs, as well as the total price.

11. Withdrawal from the contract when the buyer is a consumer

If you want to withdraw from the sales contract or purchase for any reason, you can do so within 14 days of taking over the product, without stating the reason for withdrawal. Withdrawal from the contract without reason is not possible in the case of a specifically customised product for a certain customer.

You withdraw from the contract by sending us a written withdrawal from the contract on the form attached to these terms and conditions, by e-mail to the address or with another unequivocal statement that you are withdrawing from the contract. It is considered that the consumer has submitted a withdrawal statement in time if it is sent within the deadline set for withdrawal from the contract. The cost that will be charged to you in case of withdrawal from the contract is the cost of returning the product, which you can send by post or other delivery service or return it physically. We do not accept ransom payments.

In the case of a sales contract, the withdrawal period from this point begins on the day when:

• the buyer or a third party other than the carrier named by the buyer acquires actual possession of the product;

• the buyer or a third party other than the carrier named by the buyer acquires actual possession of the last piece of the product, if the subject of the contract is several pieces of the product ordered by the buyer in one order;

• the buyer or a third party other than the carrier named by the buyer acquires actual possession of the last shipment or piece of the product, if the delivery of the product consists of several shipments or pieces;

• the buyer or a third party other than the carrier named by the buyer acquires actual possession of the first piece of the product, if the delivery of the product is regular during a certain period.

Product return address:

STRiX eMotors d.o.o.

Cesta k Dravi 21

2000 Maribor

You must return the product within 14 days of withdrawing from the contract. In order to facilitate the processing of the product return, please attach the invoice to the product or state the online order number that you received when confirming your order (this is not a condition for withdrawing from the contract). The buyer is responsible for the decrease in the value of the product, if the decrease in value is the result of conduct that is not absolutely necessary to determine the nature, properties and operation of the product.

We will return the purchase price to you after receiving the product, namely with the same means of payment that you used at the time of purchase, unless you explicitly request the use of a different means of payment. In case of withdrawal from the contract, we will return all payments received to you no later than 14 days after receiving the notice of withdrawal from the contract, but we reserve the right to withhold the refund of payments received until we receive the returned product.

The customer must return the products to the company undamaged, with all documentation and in the same quantity. The buyer may not use the products unhindered until the withdrawal from the contract. The buyer may inspect and test the product to the extent necessary to determine the actual condition. Testing the product that deviates from the stated is considered use, which means that the buyer thereby loses the right to withdraw from the contract.

12. Warranty

For products with a warranty, you will receive a warranty card. The warranty period begins on the day of delivery of the customer’s product. To claim the warranty, the buyer must attach the purchase invoice together with the warranty card.

When ordering online, we send the warranty card together with the invoice to your email address.

The warranty only applies if the buyer uses the goods in accordance with their purpose and the attached instructions and does not cover:

– costs of regular inspections, maintenance, repairs and replacement of parts, which are necessary due to regular use and wear of the product;

– damage caused by regular use and wear of the product; damage or malfunction of the product due to incorrect use of the product, including due to use of the product for the wrong purpose or use that is not in accordance with the instructions for maintenance or use and in accordance with technical or safety standards;

– damage or defects due to abuse or negligent handling of the product; damage or malfunction of the product due to accidents, force majeure, fire, flood, or anything else for which STRiX eMotors is not responsible;

– replacement of any part that is not an original part and product;

– damage and defects resulting from unauthorized repair or modification of the product.

If the product for which the issue of the warranty is mandatory does not function flawlessly or does not have the characteristics stated in the warranty sheet or advertising message, the buyer can first request the rectification of the defects Repaired or replaced products may contain new and/or factory refurbished parts that are functionally equivalent to new . If the defects are not rectified within a total period of 45 days from the date the manufacturer, seller or authorized service center received the request from the customer to correct the defects, the manufacturer must replace the product with an identical, new and faultless product free of charge to the customer.

If the manufacturer does not repair or replace the product with a new one within the period specified in the previous paragraph, the buyer may terminate the contract or request a reduction in the purchase price. For a replaced product or an essential part of the product replaced with a new one, the manufacturer must issue a new warranty card.

The buyer’s rights from this chapter expire after two years from the day the buyer requested the free removal of the product or the replacement of the product with a new one.

Certain products that may be available on the Services are manufactured by third parties (“Third Party Products”). The availability of third party products through the Services does not imply our affiliation with the third party or its manufacturer or our endorsement of any third party or its manufacturer. Accordingly, we make no warranties with respect to third-party products. However, third-party products that may be available on our Services are covered by the manufacturer’s warranty as detailed in the manufacturer’s documentation accompanying the third-party product. To obtain warranty service for defective third-party products, follow the instructions in the manufacturer’s warranty.

13. Claims for material defects when the buyer is a consumer

In accordance with the applicable legislation, the buyer is entitled to claim responsibility for  material defects of a product against the seller.

 The defect is material if:

• if the product does not have the properties required for normal use or for circulation;

• if the product does not have the properties required for the specific use for which the buyer is purchasing it, but which the seller was aware of or should have been aware of;

• if the product does not have the properties and features that were expressly or tacitly agreed or prescribed;

• if the seller has delivered a thing that does not match the sample or model, unless the sample or model was shown only for the purpose of notification.

You can claim a material defect for any product purchased, regardless of whether or not a warranty has been issued for it.

You must claim a material defect of a product, or notify STRiX eMotors about it within two (2) months from the discovery of the material defect. In the notification, you must describe the material defect in detail and send the notification to the email address [email protected] or by mail to the address STRiX eMotors d.o.o., Cesta k Dravi 21, 2000 Maribor (online store), or hand it in personally. After the notification is sent, the buyer must allow the seller to inspect the product.

After proper notification and an enabled inspection of the product, the buyer has the right to claim any of the following options:

• correction of a defect in the product;

• refund of part of the amount paid in proportion to the material defect;

• replacement of a defective product with a new flawless product;

• refund of the entire amount paid.

STRiX e-Motors is not responsible for material defects that appear after two (2) years from the delivery of the product.

If the existence of a defect in the product is not disputed, we will grant your claim as soon as possible, but no later than within eight days. In the event of a dispute regarding the existence of a material defect, we will respond to you in writing within eight days at the latest.

4. Purchase of legal entities

These General Terms and Conditions also apply in cases where the buyer is a legal or natural person performing a profitable activity, regardless of its legal organizational form, with the exception of points 11 and 13, the content of which applies to consumers in accordance with consumer protection legislation.

If you have purchased a non-customized product, you have the right to return your order within 14 days by emailing us at [email protected] before the 14-day period expires. Products must be returned to the company in their original condition and packaging, undamaged and unused, otherwise withdrawal will not be possible. Please note that additional duties, taxes or shipping charges will not be refunded. You will be responsible for the shipping costs of any returns, and the Company will charge an additional return fee to cover restocking costs, which vary by product. The company will also be entitled to withhold the amount of EUR 500,00 that you transferred to the company for the seriousness of the order upon purchase of the electric motorcycle.

15. Liability

The website works every day, 24 hours a day. Due to various technical reasons, use and business via the website or even access to the website may not be possible. Therefore, we reserve the right to limit or stop access to the website and online store for a specified or indefinite period of time. We do not assume any responsibility for the non-functioning of the website and online store due to ignorance of use, any consequences of misuse of the website and/or online store, non-functioning of the service due to network outages, power outages or other technical disturbances that could be temporary or even for a long time, interfere with use.

We strive to ensure that the information published on the website is up-to-date and correct.

All purchases, orders, shipments of products and other services that are carried out or ordered through the STRiX eMotors online store are exclusively subject to the relevant General Terms and Conditions, and the buyer cannot set any of his own terms. Conflicting or deviating conditions of the buyer do not become the content of the contract even when the company performs the service without reservations.

For the presentation of the products, we strive to obtain suitable image material, which may differ aesthetically from the original, but does not affect the quality and specification of the product itself. For example, there is a risk of color and display errors on the platform due to computer screen resolution, and actual product colors may vary. In addition, the lights in the products (i.e. headlights, turn signals, etc.) may change based on national regulations, so the lights shown in the product on the platform or website may differ from the delivered product. In any case, we are not responsible for the above, and the above cannot be a reason for withdrawal from the contract by the service user.

Products can receive over-the-air software updates over Wi-Fi that add new features and improve existing features. After your warranty expires, software updates may not be available for your particular product or may not include all existing or new features or functionality due to the vehicle’s age, configuration, data storage capacity or parts. We are not responsible for any parts or labor or any other costs required to update or upgrade your product to receive those updates, or for any problems with the product that occur after installing any software updates due to outdated, non-working or damaged software hardware (except as covered by your warranty).

The liability of STRiX eMotors is limited to intent and gross negligence, and the scope of damages in case of breach of contract is limited to foreseeable typical damage, but not exceeding the amount of the purchased product.

STRiX e-Motors is not responsible for loss of profit resulting from an accident or damage resulting from the use of the product.

STRiX e-Motors for any indirect, special, incidental or consequential damages or injury to life, body and health resulting from the user’s handling of the product, force majeure (including strikes, accidents, acts of war or terrorism, pandemics, epidemics, civil or military unrest, nuclear or natural disasters, interruptions and losses or malfunctions of utility, communication or computer services or other unforeseeable circumstances), is not responsible.

STRiX e-Motors shall not be liable for damages to the maximum extent permitted by applicable law.

STRiX e-Motors shall not be liable for your breach of any provision of these Terms or any applicable law or regulation; for your violation of any rights of any third party; for your misuse of the Services; for your content (what you post, upload or submit through the services on our website) and/or for your negligent or willful wrongful conduct.

STRiX e-Motors is also not responsible for indecent, threatening, offensive or any other inappropriate content of the user of the services or third parties, and for any damage caused to the users of the services or third parties in this connection.

18. Confidentiality of data

You agree not to disclose the Confidential Information to any other person or entity and understand that you may not reproduce, use, sell, license, display, publish or otherwise disclose it in any way without our prior written permission. You represent that you will treat as strictly confidential all information, data, materials or documentation that you receive, including all business, financial, operational, technical and marketing information, and any other information that is secret or legally protected or that must treated as confidential with respect to us, the Services, these Terms of Use or any third party (“Confidential Information”).

19. Retention of title

We retain title to the products sold until full payment is received from the buyer (“retention of title”). In the event that the buyer does not pay the purchase price within the deadline, we reserve the right to also charge the buyer statutory late payment interest for the time from the delay until payment.

20. Complaints procedure and jurisdiction

The appeal process is confidential.

The company will respond to all complaints by e-mail or telephone as soon as possible.

In the event that we cannot resolve disputes with service users amicably, the local and substantive court of the Republic of Slovenia will be responsible for resolving the dispute.

The company STRiX eMotors d.o.o. in accordance with the third paragraph of Article 32 of the Act on Out-of-Court Dispute Resolution, the Republic of Slovenia informs consumers that it does not recognize any provider of out-of-court consumer dispute resolution as competent to resolve a consumer dispute that the consumer could initiate in accordance with the Act on Out-of-Court Dispute Resolution.

The relevant general terms and conditions and the entire relationship between STRiX eMotors and the service user, which originates from the use of the website and/or purchase via the online store, are judged in the event of a dispute according to Slovenian substantive and procedural law and EU law, of which the buyer is expressly aware and agrees with this.

The service user expressly waives, in the event of a dispute, that the dispute be decided by arbitration, as well as the filing of class actions by several service users.

Based on the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, we inform you that in the event of a dispute, every resident of the European Union can use the “online dispute resolution platform” developed by the European Commission to attempt an out-of-court resolution of any dispute arising from the provision of services by STRiX eMotors. The platform is available online.

21. Additional Provisions

You agree that the Company may contact you by telephone or text message (including an automated telephone dialing system) using any telephone number provided by you or provided on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to give this consent as a condition of your purchase of any Product. You also understand that you may opt-out of receiving text messages or phone calls from us at any time by contacting [email protected] Unless you choose to opt-out, we may contact you as described in our Policy on privacy protection. Please note that even if you opt out, you may still receive manually delivered administrative text messages regarding security or product service issues.

If you breach any of the provisions of these Terms, all licenses granted by the Company will automatically terminate. In addition, the Company may suspend, disable or delete your account and/or the Services (or any part of the foregoing) with or without notice and for any reason or without. If the Company deletes your account for alleged violation of these Terms, you are prohibited from re-registering for the Services under a different name. In the event of account deletion for any reason, the Company may delete any of your Content, but shall not be responsible for any failed deletion or deletion of your Content.

23. Assistance to users of the services

In case of any questions regarding the terms of business, orders, delivery, or other issues related to the STRiX eMotors online store, you can contact us at the email address: [email protected].

24. Company information

The operator of the website https://strix-evolution.com/ is the company:

STRiX eMotors d.o.o.

Cesta k Drava 21, 2000 Maribor

Identification number: 9329447000

VAT ID: SI58228519

Entry in the court register on 22/02/2023 at the District Court in Maribor, Entity registration number 2023/6583.

These General Conditions and Terms apply from 24/05/2023.