FUELL FLLOW Order Agreement Terms & Conditions
Agreement to Purchase. You agree to purchase the FLLOW from FUELL (“we,” “us” or “our”), pursuant to the terms and conditions of this Agreement. Your FLLOW is priced and configured based on features and options available at the time of Order. Options, features or hardware released after you place your Order may not be included in or available for your FLLOW.
Order Price, Taxes and Official Fees. The Order price of your FLLOW will be confirmed in your FLLOW Configuration and Final Price Sheet. Any Order price listed in the FLLOW Configuration will not include taxes, customs duties, and other official or government fees. Because these taxes and fees are constantly changing and will depend on many factors, they will be calculated closer to the time of delivery and indicated on your Final Price Sheet. You are responsible for paying these additional taxes and fees.
Order Process, Cancellation. As part of your completed Order, we will invite you to complete the configuration of your FLLOW. We will then issue you the FLLOW Configuration and Final Price Sheet based on the base price of the model and any options included or that you select. Your Order Payment covers the cost of these activities and other processing costs and is a deposit for your FLLOW. The Final Price Sheet for your FLLOW will be an all-inclusive price for delivery of the FLLOW to you, including transportation, delivery and processing costs, but will not include taxes, customs duties, and other official or government fees, which will be calculated and assessed to you prior to delivery.
- If you cancel your Order on or prior to fourteen (14) days after the date of your Order, we will refund to you the amount of your Order Payment less the amount of the Payment Processing Fee.
- If you cancel your Order after fourteen (14) days after the date of your Order but on or before ninety (90) days after the date of your Order, we will refund to you fifty percent (50%) of your Order Payment less the amount of the Payment Processing Fee.
- If you cancel your Order after ninety (90) days after the date of your Order or if you breach this Agreement and we cancel your Order, then you agree that we may retain as liquidated damages the entire Order Payment, to the extent not otherwise prohibited by law. You acknowledge that the Order Payment is a fair and reasonable estimate of the actual damages we have incurred or may incur in transporting, remarketing, and reselling the FLLOW, costs which are otherwise impracticable or extremely difficult to determine.
If you make changes to the configuration of your FLLOW, you may be subject to potential price increases for any pricing adjustments made since your original Order Date. Any changes made by you to your FLLOW Configuration, including changes to the delivery location or estimated delivery date, will be reflected in a subsequent FLLOW Configuration that will form part of this Agreement. When you take delivery of your FLLOW, we will provide a credit to the final Order price of your FLLOW equivalent to the amount of the Order Payment you paid. The Order Payment and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.
Delivery. We will notify you when we expect your FLLOW to be ready for delivery. You agree to schedule and take delivery of your FLLOW within five (5) days of this date. If you do not respond to our notification or are unable to take delivery within the specified period, your FLLOW may be made available for sale to other customers. If you do not take delivery within thirty (30) days of our first attempt to notify you, FUELL may cancel your Order and keep your Order Payment.
You understand that FUELL may not have completed the development of FLLOW or begun manufacturing FLLOW at the time you entered into this Agreement. Therefore, we do not guarantee when your FLLOW will actually be delivered. Your actual delivery date is dependent on many factors, including your FLLOW’s configuration and manufacturing availability. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in your FLLOW and all proceeds therefrom until your obligations have been fulfilled.
The estimated delivery date of your FLLOW, if provided, is only an estimate as we do not guarantee when your FLLOW will actually be delivered. Your actual delivery date is dependent on many factors, including manufacturing availability.
Agreement to Arbitrate. Please read this agreement carefully. You are agreeing that any dispute between you and FUELL or its affiliates (which we call “FUELL”) will be decided by an arbitrator in arbitration rather than by a judge or jury in court. This includes claims arising before you placed your Order for your FLLOW, such as claims related to statements FUELL made about our products. If you have a concern or dispute, please send us an email tofuell@fuell.us, describing your concern or dispute and how you would like it resolved. Please include your name, e-mail, phone number, and (if applicable) the Order number. If the dispute is not resolved within 60 days from the date of your email, the dispute will be decided by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Unless you have not complied with the e-mail notice requirement above, we will pay all AAA fees for any arbitration. To learn more about the Rules and how to begin arbitration, you can go towww.adr.org. The arbitrator cannot consolidate claims involving others without consent from you, FUELL, and the others. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing or leasing FUELL products. In other words, you can bring claims against FUELL only in your individual capacity and not as a plaintiff or class member in any class or representative action (and the same is true for FUELL). If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim or request for a remedy (such as what lawyers call “injunctive” relief), then that claim or remedy (and only that claim or remedy) will be carved out of the arbitration and can be filed in court; all other claims must be arbitrated. If you prefer, you can instead take your individual dispute to a small claims court. If you don’t want to agree to arbitration, you can “opt out” of arbitration by sending us a letter within 30 days after placing your initial Order for your FLLOW and first agreeing to these terms and conditions. Please send the letter to FUELL Inc.: 244 Fifth Avenue, Suite A209, New York NY 10001 and include your name, your Order number, the name of the product you ordered, and a statement explaining your desire to opt out of arbitration. If you do not opt out, your agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract.
Warranty. You will receive the FUELL Warranty, as applicable, at or prior to the time of FLLOW delivery. You may obtain a written copy of your warranty from our website.
Limitation of Liability. We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Order Payment.
Default and Remedies. You will be in default of this Agreement if you provide false or misleading information in your Order, or do anything else the law says is a default. If you are in default, we may, after any legally required notice or waiting period: (i) do anything to protect our interest in the FLLOW, including repossessing the FLLOW using legally permitted means, (ii) sue you for damages or to get the FLLOW back, and/or (iii) charge you for amounts we spend taking these actions.
Governing Law; Integration; Assignment. Except as provided below, the terms of this Agreement are governed by, and to be interpreted according to, the laws of the State of New York, United States. Prior agreements, oral statements, negotiations, communications or representations about the FLLOW sold under this Agreement are superseded by this Agreement. Terms relating to the purchase not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.
This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.
