Terms of sale
1. Who is the seller and service provider of ÄIKE scooters?
1.1 ÄIKE scooters are manufactured and sold by COMODULE OÜ, registered and operating in Estonia, address Dunkri 9, 10123 Tallinn, Republic of Estonia.
1.2 The showroom of ÄIKE scooters is located in Paris.
2. General provisions
2.1 Below we will explain the terms of sale and purchase process of ÄIKE scooters and other products. The following terms apply to the negotiations and execution of each sale, please read them carefully before ordering your scooter and other products. If you have any questions about ÄIKE scooter or sales terms, please contact our customer support.
2.2 Before confirming the purchase, please confirm separately that you have read through and agree to the terms of sale. We cannot accept a purchase order and sell the scooter to you without your agreement.
2.4 The terms of sale are available in French, English and Estonian. The terms in Estonian are thereby considered valid terms and the terms in other languages are translations. If there are differences between the terms in Estonian and the translation, the Estonian text of the terms shall prevail.
3. You wish to buy ÄIKE scooter and other goods
3.1 It is possible to buy an electric scooter ÄIKE and other related items on our website www.rideaike.com, which in the meaning of the transaction is a sales item or goods. In unspecified cases, all terms applicable to the sale of scooters also apply to the purchase and sale of other goods offered on the website www.rideaike.com.
3.2 The technical information of ÄIKE scooter is available at www.rideaike.com. These published technical properties are the properties of ÄIKE scooter that we offer. Please ask our customer support for the presence or absence of other properties before placing your order.
3.3 When you make a purchase, Comodule guarantees only the delivery of a scooter with the features we have published.
3.4 The photos and other images of ÄIKE scooter and other goods provided in the e-shop are illustrative. Comodule has made an effort to make the photos represent the scooter as real as possible, but displaying the colours of the scooter and/or its details on your device may slightly distort the image.
3.5 When you place an order, you will see the estimated delivery time of the scooter. It can be 1-28 calendar days, depending on our stock, number of orders and quantities.
3.6 ÄIKE scooter has been properly packaged.
4. Conclusion of the purchase and sale contract of ÄIKE scooter
4.1 ÄIKE scooter can be ordered on our website and purchased from the representation by all
- natural persons who are at least 16 (sixteen) years of age, and
- legal persons,
residing or established in the European Union. By placing an order, each ordering person confirms that he/she meets the requirements of our purchaser.
4.2 The purchaser is allowed to place orders only in his/her own name and behalf. It is forbidden to order a scooter in the name or on behalf of another person.
4.3 When buying ÄIKE scooter, the sales contract will be concluded between Comodule OÜ and the purchaser, the terms of which are set out in:
4.3.1 order form (sales item, technical information, quantity, price, payment terms, delivery time)
4.3.2 current terms of sale;
4.3.3 in case of using the instalment payment service, the service condition of the person providing the service;
4.3.6 terms of the insurance provider.
4.4 The price of the scooter has been displayed on the website www.rideaike.com. The price published on the website includes VAT in the cases and within the rate prescribed by law.
4.5 The price of the scooter may change, but the changes will not affect the sales contracts already concluded, including if the purchased scooter has not yet been delivered to the purchaser.
4.6 The scooter will be paid for in full in advance via the payment links provided on the website or the purchaser can request an option of instalment.
4.7 The contract between COMODULE OÜ and the purchaser is deemed to be concluded from the moment the purchaser has compiled his/her order on our website: indicated the purchaser’s first and last name (in Latin letters), address, exact postal code, e-mail address, telephone number, entered payment instrument information, confirmed the agreement with the terms of sale and clicked the “Place an order” button. We have the right to contact the purchaser at the telephone number indicated in the order to resolve any issues arising from the concluded contract or incurring during the fulfilment of the contract.
4.8 Once you have placed your order, we will send you the confirmation of receipt of the order to the e-mail address provided by you. If you have not received the confirmation within 12 hours, please check your spam folder and, if necessary, change the settings so that our messages do not end up there.
4.9 When your ÄIKE scooter is ready for delivery, we will write to your e-mail address with information about where and when you will receive the scooter. The default delivery term is that the purchaser picks up his/her scooter in ÄIKE showroom in Paris, France or in the factory of Comodule OÜ located at Türi 10c, 11313 Tallinn, Republic of Estonia. The customer can order ÄIKE delivery to his/her address for an additional fee and in the terms published on www.rideaike.com.
4.10 All contracts (orders) concluded between Comodule OÜ and the purchasers and the exchange of information concerning the fulfilment of the contract are registered and stored in the information systems of Comodule OÜ.
4.11 If after receiving the order it turns out that Comodule OÜ is unable to fulfil the order and sell the scooter for any reason, we will submit the withdrawal application to the purchaser’s e-mail address and return the total paid purchase amount to the current account specified by the purchaser within 3 calendar days at the latest.
5. Instalment payment option when making a purchase
5.1 Comodule OÜ does not offer credit services itself. However, when paying the purchase price, our customers can apply for financing from a third-party credit provider or conclude the factoring contract with a third party. The information about the cooperation partners of Comodule OÜ has been provided on our website.
5.2 Comodule OÜ is not responsible before the purchaser for the activities of the instalment service provider, as well as for the terms under which the instalment is offered to the purchaser.
5.3 The information on the instalment payment terms (incl. on the possible monthly payment of the goods) published on the website www.rideaike.com is informative and the instalment payment service provider is not bound by the information on the instalment payment terms published on the website when making the offer. The exact offer will be made to the purchaser personally by the service provider after receiving the necessary information from the purchaser.
5.4 Comodule OÜ does not guarantee to any purchaser that he/she has the option of instalment payment. Your possibility to conclude the contract with a third-party credit or factoring provider depends on your own creditworthiness, which is assessed by the third-party credit or factoring provider in accordance with the terms of its service. We recommend that you read the relevant terms of service carefully and contact the service provider directly if you have any questions.
5.5 If you submit an application for instalment through our website, we will forward it with your details to the instalment service provider or our website will direct you to the website of the instalment service provider to complete and submit the application. Your application will be considered as a proposal to the instalment service provider to prepare a personal offer for you to enter into an instalment contract. After receiving such an offer, you are free to decide whether or not to accept this offer. Acceptance means concluding an instalment contract. Your application for an instalment contract will be treated as a proposal to the person offering the instalment service to make an offer for the conclusion of the instalment contract.
5.6 The instalment payment service is always chargeable for the purchaser and thus the additional financial obligations incur for the latter which are always added to the price of the purchased goods and the payment of which is the obligation of the purchaser.
5.7 The instalment contract concluded by the purchaser is not subject to a 14-day right of withdrawal from the contract concluded by means of communication, but the purchaser may exercise the right to withdraw from the credit contract within 14 days after concluding the instalment contract according to the Law of Obligations Act. If the purchaser withdraws from the instalment contract within the specified 14-day term, he/she may also withdraw from the sales contract within the same term. If the purchaser does not withdraw from the sales contract, the purchaser is obliged to make an immediate payment of purchase price of the goods to Comodule OÜ.
5.8 Comodule OÜ has the right to calculate the amount of the purchase price paid on the credit account as the amount of the purchase price paid by the purchaser.
6. Delivery-receipt of the goods
6.1 If your scooter is ready from our side and waiting to be received, we will notify you by an e-mail and/or telephone and/or SMS. Pick up the goods no later than 7 (seven) days after receiving the notification. If the goods are not picked up within 7 days, the warehouse fee of 1 euro per day will be applied from the 8th day until the date of delivery of the goods.
6.2 At the request of the purchaser Comodule OÜ organizes the transport of the ordered goods from our location in the way required by the purchaser to the destination indicated by the purchaser. The goods are delivered to the purchaser by using the transport service provider according to the price list of the latter and its costs are covered by the purchaser.
6.3 The right of ownership of the goods is transferred to the purchaser from the moment the seller gives the goods over to the purchaser.
6.4 Upon receipt of the goods, you (or the representative of the purchaser) are obliged to check the goods and their packaging, quantity, quality and completeness, and by signing the delivery-receipt act you confirm the compliance of the packaging, quantity, quality and completeness of the goods with the sales contract.
6.5 If upon delivery-receipt of the goods it is established that the packaging of the goods is damaged or the quantity, quality or completeness of the goods does not comply with the sales contract, the purchaser has the right not to accept the goods. The non-compliance of one purchased item shall not give rise to the grounds for refusing to accept other purchases. In this case, we will deliver the missing goods to you at our own expense as soon as possible.
7. Withdrawal of the purchaser from the contract
The right to withdraw from the sales contract before receiving the scooter
7.1 The purchaser has the right to withdraw from the sales contract before the delivery date of the scooter without giving a reason, by notifying by e-mail . The notice of withdrawal may be in a free form, but must include information on the order number or sales invoice, identity of the purchaser and a clear statement that the purchaser wishes to cancel the purchase and withdraw from the sales contract.
The right to withdraw from the sales contract after receiving the scooter
7.2 The purchaser who has bought ÄIKE scooter via e-shop may withdraw from the concluded sales contract without giving a reason within 14 days from the day when the goods have been delivered to the purchaser.
Procedure for the withdrawal from the sales contract
7.3 In case of withdrawal from the purchase pursuant to clauses 8.1 and 8.2, the purchaser will return the purchased scooter and/or other goods to Comodule OÜ and Comodule OÜ will return the paid purchase price to the purchaser no later than within 14 calendar days from the receipt of the withdrawal application of the purchaser.
7.4 In case of withdrawal from the sales contract pursuant to clause 6.2, the purchased goods, in respect of which the purchaser withdrew, should be returned to us no later than 14 (fourteen) days after sending the notice of withdrawal to the factory of Comodule OÜ located at Türi 10D, 11313 Tallinn, Estonia, or Paris showroom. The cost of returning the goods will be borne by the purchaser.
7.5 The goods to be returned to us should have retained their new appearance (incl. without removing the protective films), be unused and undamaged. Upon return, the goods should be in an undamaged original packaging (with all accessories that were handed over to the purchaser together with the goods). The gifts received for the goods, if any (except perishable or consumable goods), should also be returned.
7.6 By returning the goods the purchaser should submit an invoice (number) or order number and an identity document. The representative of the legal person should have the power of attorney along to receive the goods (except the legal representative).
7.7 Comodule OÜ has the right not to return the purchase price paid by the purchaser until the goods have been handed over by the purchaser and Comodule OÜ has had the opportunity to check the condition and completeness of the goods.
7.8 The purchaser has no right to withdraw from the sales contract without good reason, if the sales item has been made upon the special order of the purchaser, by considering the personal choice or instructions of the purchaser, as well as if the sales item has been clearly adapted to the personal needs of the purchaser.
8. Your liability
8.1 You, as the user of the website www.rideaike.com and the purchaser of our goods, are obliged to provide us with only correct and relevant information when communicating with us and placing an order. If the information you have previously provided changes – for example, your contact details after ordering the scooter but before delivery – please notify us immediately of the new information.
9. Guarantee terms
9.1 The guarantee period begins with the delivery of the goods to the purchaser, unless the contract or letter of guarantee provides for a later start of the guarantee period. If the seller has an obligation to send the item to the purchaser, the guarantee period does not begin to run before the item is handed over to the purchaser. The guarantee period is suspended at a time when the purchaser cannot use the item due to non-compliance with the terms of the contract, for which Comodule OÜ is responsible.
9.2 In case of consumer sales, the seller is liable for the non-compliance of the item with the terms of the contract, which occurs within two years from the delivery of the item to the purchaser. In case of consumer sales it is presumed that the non-compliance with the contract terms having occurred within six months from the date of giving the item over to the purchaser existed at the time of delivery of the item, if such presumption is not in contradiction with the nature of the item or defect.
9.3 The guarantee does not cover the maintenance, cleaning, restoration of the commercial appearance of the goods or the elimination of the defects caused by the use that does not comply with the instructions for use and maintenance. Under the guarantee, a claim can only be submitted for the goods that have been used for their intended purpose and in accordance with the instructions for use of the goods. Under the guarantee the consumer can only make a claim upon presentation of the original sales document for the goods used for personal consumption.
9.4 The goods used by the purchaser for non-intended purposes or more intensively than set by the manufacturer (incl. the goods acquired in the course of economic or professional activities) are not covered by the guarantee.
9.5 A claim cannot be submitted for a defect and deficiency (incl. breakages) that has appeared in the goods or their part which have occurred for the following reasons:
9.5.1 damages that have occurred after the delivery of the goods to the purchaser;
9.5.2 negligent or improper storage or use or overloading of the goods;
9.5.3 improper use, maintenance, installation or connection of goods, incl. failure to follow the instructions and safety instructions provided in the instructions for use when connecting to the mains or water supply, and when using, maintaining, installing or connecting the goods, unless the seller is responsible for the incorrect installation;
9.5.4 modifications to the designs of the goods which impair the characteristics given by the manufacturer of the goods;
9.5.5 for reasons beyond the control of the seller, including changes in the mains voltage, short circuits (including those caused by insects), non-compliant extension cords, contacts, accidents, thunder, water, fire, water quality, scale and other external factors;
9.5.6 the use of the goods with accessories which are not intended and are not compatible with the goods;
9.5.7 if the goods have been repaired by an unauthorized person;
9.5.8 wrongful acts of the purchaser or user.
9.6 The guarantee does not cover the normal wear and tear of the parts resulting from the regular use of the goods, such as tires, brakes and manually operated plastic parts-buttons, or defects, scratches, dents etc. that are insignificant to the intended use of the goods.
9.7 If an error occurs during the guarantee period, the purchaser is obliged to notify COMODULE OÜ within reasonable period from becoming aware of the error. Where possible, the purchaser undertakes to describe the defect and its probable causes in adequate detail. In addition to the above, the purchaser is obliged to indicate the number of the sales contract or the date of conclusion.
9.8 The defect covered by the guarantee will be rectified within reasonable period after becoming aware of it. In case of a defect the purchaser has the right to demand the replacement or withdraw from the contract instead of repairing the goods and to demand the return of the goods and refund of the purchase price only if there is a large defect in which the repair would not give the desired result. COMODULE OÜ has the right to refuse to replace and return the goods if the replacement or return causes unreasonable costs or inconveniences to the seller compared to the repair of the goods.
9.9 The costs related to the elimination of the deficiencies covered by the justified claim (i.e. the claim for defects that are subject to elimination under these terms) will be borne by the seller.
9.10 In case of defects not covered by the justified claim, the purchaser will bear the costs of inspecting the goods and returning them to the purchaser.
9.11 If the purchaser installs other items on the goods, partially dismantles the goods or does not use the goods for the intended purpose after the delivery of the goods, the purchaser loses the guarantee on the goods and installation work.
10. Force majeure
10.1 A breach of an obligation is excusable if the debtor breached the obligation due to force majeure. Force majeure is a circumstance which the debtor could not influence and could not reasonably have been expected to take into account or avoid at the time of the conclusion of the contract or the non-contractual obligation or to overcome the impediment or its consequences.
10.2 The other party should be immediately notified of force majeure in writing.
10.3 Force majeure is a natural disaster, fire, declaration of a state of emergency, or other event prescribed by law.
11. Other legal issues
11.1 The parties shall be liable for improper fulfilment or non-fulfilment of obligations stipulated in the sales contract (breach of obligation), including for the actions of the persons whom they use in the exercise of their rights and obligations or who they authorize to do so.
11.2 A party shall not be liable for the breach of an obligation arising from its sales contract or legislation if the breach is excusable. It is presumed that the breach of the obligation is not excusable.
11.3 The parties consider a material breach of the sales contract if the purchaser:
11.3.1 has not paid the purchase price or part thereof according to the sales contract by the agreed date of delivery of the goods;
11.3.2 does not receive the goods or services at the agreed time;
11.3.3 does not use the goods for their intended purpose.
11.4 In case of the breach of the sales contract, a party may use all or part of the law, or the sales contract, incl. remedies arising from the general terms, unless the law, general terms or the sales contract specify which remedy is used and the damage has not been caused intentionally or due to gross negligence or the limitation of liability is not prohibited by law.
11.5 A party will compensate the other party for direct property damage caused by the breach of the obligations provided for in the sales contract. Direct property damage includes, in particular, the decrease in value of lost or destroyed assets or decrease in value due to impairment of assets, even if incurred in the future, and reasonable costs incurred or to be incurred in connection with the damage, including reasonable costs of preventing or reducing damage and obtaining compensation, inter alia, to establish the damage and to make claims for damages. The direct property damage also includes the costs related to the elimination and/or reconstruction of damage to the goods or part thereof due to the breach of the obligation. Other damages, including the loss of income, are not subject to compensation.
11.6 If the breach of an obligation causes damage to a person who is not a party to the contract, such damage will be compensated only if:
11.6.1 the interests or rights of a third party are endangered in the course of fulfilment of the contract to the same extent as the interests or rights of the non-infringing party, or
11.6.2 the will of the non-infringing party to protect the interests or rights of the third person can be presumed, or
11.6.3 the will of the non-infringing party to protect the interests or rights of a third party and the third party are identifiable to the infringing party.
11.7 Damage is not subject to compensation to the extent that the prevention of damage was not the purpose of the obligation or provision, the violation of which resulted in the obligation to compensate the damage. A party shall only compensate for damage which it foresaw or should have foreseen as a possible consequence of the breach at the time of the conclusion of the contract, unless the damage was caused intentionally or due to gross negligence.
11.8 If the seller has repeatedly, more than twice, pursued to deliver the goods to the purchaser, the seller has the right to require the contractual penalty of 10% of the volume of the sales contract for each repeated breach of obligation from the purchaser.
11.9 If the purchaser has failed to fulfil the obligation, the seller has the right to assign the claim and/or transfer it to a third party for collection. The purchaser is obliged to reimburse the seller and/or a third party for the costs incurred in collecting the claim.
12.1 Notices, consents, agreements and other declarations of intent shall be deemed to have been given and served in accordance with the contract, if the declaration of intent has been communicated to the other party in writing or in the format that can be reproduced in writing based on the contact details stated in the sales contract or communicated to the other party, unless a specific form has been separately agreed in the sales contract or general terms for the submission of a specific declaration of intent. An oral declaration of intent is made in accordance with the contract if the seller has acknowledged its receipt.
12.2 The seller may, on its own initiative, release the purchaser from the fulfilment of the purchaser’s obligation provided for in the contract or general terms by notifying the purchaser of it in writing.
13. Amendment of the sales contract
13.1 The sales contract can be amended upon the agreement of the parties.
13.2 The purchaser can change his/her contact details. In this case the sales contract shall be deemed amended no later than 5 working days after the receipt of the respective application by the seller or on the date specified by the purchaser, if the respective date is later than 5 working days after the receipt of the application by the seller.
13.3 The seller has the right to unilaterally change the price list, these general terms and guarantee terms pursuant to the procedure provided by law. The amendments will take effect prospectively. The seller shall provide explanations for the changes at the request of the purchaser.
13.4 The seller notifies the purchaser of the changes in the price lists and general terms pursuant to the procedure provided by law.
14. Processing of personal data
14.2 Comodule OÜ ensures the protection and processing of personal data of the purchaser as the natural person pursuant to the procedure provided in the general terms in accordance with legislation.
14.3 The controller of the personal data of the purchaser as the natural person is Comodule OÜ.
14.4 The personal data of the purchaser as the natural person and his/her representative are processed by the seller for the following purposes:
14.4.1 personal data of the purchaser, including the purchaser’s name, personal identification code, date of birth, identity document data, address, volume and value of the sales contract, debts and contact details provided by the purchaser to the seller himself/herself or persons authorized by him/her (i.e. telephone numbers, addresses, e-mail addresses, bank account no., etc.) are used to identify, service and forward invoices and information to the purchaser or his/her representative and to send messages and perform the actions necessary to fulfil or ensure the fulfilment of other clauses of the contract.
14.4.2 the personal data of the purchaser and information on the use of the services, provided by the seller, by the purchaser are used with the prior consent of the purchaser for marketing purposes or to conduct customer satisfaction surveys. The aim of using the data of the purchaser for marketing purposes is to develop new services and offers that better meet the needs of the purchaser and to prepare personal marketing offers for the purchaser and send these to the purchaser by using his/her contact details (including electronic contact details).
Upon the prior consent of the purchaser, the seller may also transfer the data for processing for marketing purposes to other partners, whose names and contact addresses are available on the seller’s website.
14.4.3 the personal data of the purchaser, including the personal identification code, amount of debt, beginning and end dates of the debt and other data necessary for the processing and publication of the debt in the payment default register managed by AS Krediidiinfo. In this case the customer can get acquainted with the processed data on the website www.krediidiinfo.ee. The mentioned personal data are available in the payment default register of AS Krediidiinfo for up to 3 (three) years from the fulfilment of the contract by the purchaser.
14.5 If it does not follow from the legislation that the seller has the right to process the relevant data on the basis of the legislation and without the consent of the purchaser, the purchaser has the right to withdraw the consent for processing by notifying the seller of it in writing or in a form that can be reproduced in writing. In this case the processing of data will be terminated no later than on the working day following the seller’s receipt of the application submitted by the purchaser. The withdrawal of the consent has no retroactive effect.
14.6 Comodule OÜ has the right to record and store calls between the parties for the purpose of fulfilment or ensuring the fulfilment of the contract and for the exchange of commercial information and, if necessary, use the relevant records to prove the given orders or other actions performed by the purchaser and to service the purchaser.
14.7 The purchaser as the natural person has the right to require the amendment, specification and termination of the processing of his or her personal data in accordance with the Personal Data Protection Act.
15. SETTLEMENT OF DISPUTES
15.1 The disagreements and disputes arising from the fulfilment, amendment or termination of the sales contract will be settled by negotiations between the parties.
15.2 The disputes arising from the sales contract, which the parties are unable to resolve by agreement of the parties, are subject to settlement in Harju County Court. The foregoing does not exclude the right of the parties to submit an application in an expedited order for payment procedure in accordance with the jurisdiction provided for in that procedure.
15.3 The applications or complaints about the goods purchased from the seller’s e-shop can be submitted by the purchaser on online dispute resolution platform – http://ec.europa.eu/odr/.