Smartpac

Order Agreement

This order agreement, hereinafter referred to as 'Agreement', forms the reservation of a place on the waiting list for the possibility of concluding a future purchase contract with HYPATHS GmbH, hereafter in short 'LEMMO', 'we' or 'us', by the contractual partner, called 'Client'.

Please read all the following terms carefully before submitting your order. By submitting the order, you agree to all these terms..

1. Order ages and ranges

The Client must be at least 18 years old and provide all information completely and truthfully in order to order. 

2. Limitation

A maximum of two bikes can be reserved from private individuals per order.

3. Rights and Duties

3.1 Client shall submit an order on www.lemmofuture.com and finalize the payment using one of the payment methods provided by LEMMO to conclude a purchase with HYPATHS GmbH. LEMMO is asking the Client to provide information about the identity, address and contact information during this process so that the order can be processed further.

3.2 This order is automatically constituting an purchase agreement.

3.3 If LEMMO accepts the order, the Client will receive an e-mail confirmation with all the necessary information.

3.4 LEMMO can refuse orders at its own discretion, for example to avoid oversubscription. If the order is declined, the Client will be notified and can choose either to stay on the waiting list or to have a total refund.

3.5 As soon as LEMMO has determined the estimated delivery date, the Client will receive a message to the e-mail address stored with the order.

4. Rights and Duties

The Client shall ensure that all of the information provided is correct when ordering. It is the Client´s responsibility to notify changes to this information by emailing contact@lemmofuture.com. LEMMO is not liable for inaccurate or outdated information.

5. Payment

5.1 The Client will be charged the full payment when placing the order.

5.2 The Client will receive a receipt for the payment.

5.3 LEMMO reserves the right to ask the Client for additional information or documents proving ownership of the credit card. In the absence of such information or additional documents, LEMMO has the right not to accept the booking order.

6. Delivery

There is no guarantee of the delivery date. For current orders the estimated delivery will be happened in April 2023.

7. Cancellation and Refunds

The Client can cancel the order within fourteen (14) days since the payment has been made correctly and the confirmation email has been issued by LEMMO. In case of cancellation the Client will receive a full refund of the payment by sending an email to contact@lemmofuture.com from the email address on file with LEMMO. A refund will be processed within a maximum of fourteen (14) days.

8. Products configuration

LEMMO holds the right to change at any time the technical data. By agreeing to current agreement, the Client represents and warrants us understanding that the products configuration is subject to change prior to entering into a definitive sales agreement.

9. General terms and conditions

The information provided to LEMMO is used in accordance with our general terms and conditions, to which reference is expressly made and which are available on our website. Please read our privacy policy and terms of use carefully to understand LEMMO´s practices in relation to the information and how it is handled. If there is any questions about our privacy policy or terms of use, please send an email to contact@lemmofuture.com.

10. Force majeure

Neither the Client nor LEMMO will be liable for any errors or delays in fulfilling any obligation under this Agreement that result from an event beyond our reasonable control, including, but not limited to, force majeure, pandemic, epidemic, disease, terrorism, war , political insurrection, insurrection, riot, civil or military authority, material change in applicable law or regulation, insurrection, unavailability of materials, strike, earthquake, flood, or other natural or man-made event beyond our control.

11. Severability clause

We reserve the sole right to change these terms at any time in our sole discretion. If for any reason a court of competent jurisdiction determines that any provision or portion thereof is unenforceable, the remainder of these terms will remain in full force and effect and the unenforceable provision will be deemed to be amended only to the extent necessary. Order, order confirmation, definitive purchase agreement, general terms and conditions constitute the final and integrated agreement between the Client and LEMMO.

12. Applicable law and place of jurisdiction

12.1 All legal relations arising out of or in connection with the contractual relationship between the Supplier and the customer (including these General Terms and Conditions) shall be governed exclusively by the laws of the Federal Republic of Germany, to the full exclusion of its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the provisions of German Private International Law.

12.2 For any disputes arising from or in connection with the contractual relationship between the Supplier and the customer (including these General Terms and Conditions), the place of jurisdiction shall be our registered office.