Terms and Conditions for Users in Germany
Last updated: May 31, 2022
Terms and Conditions
TERMS AND CONDITIONS
FOR THE RENTAL SERVICE OF ELECTRIC SCOOTERS (“Service”)
These Terms and Conditions of Service (the “Terms and Conditions”) govern the use of the Service provided by Superpedestrian Deutschland GmbH, a company organized under the laws of Germany with company registration number HRB 94833, and having its registered address at Lerchenweg 3, 40789 Monheim am Rhein, Germany (“Superpedestrian” or “the Company”) and form an integral and substantial part of each rental contract (the “Contract”) of Scooters concluded between the Company and the User (as further defined below).
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the meanings set out in this Article.
“Account”: the account created by the User through the registration and identification process to access the personal area of the App, to conclude Individual Contracts for the use of the Scooters and to use the Service;
“App” or “Superpedestrian App”: the Company’s mobile software application for operating systems such as Android/iOS installed and operating on the Devices;
“Active Area”: the area of the city in which the Scooters subject to the Service are permitted to be located, as shown on the Map of the city provided in the App;
“Code”: the identification and control code of the Scooter in QR Code and numeric format located on the handlebars of each Scooter;
“Contract”: the contract between the User and Superpedestrian for the use of the Superpedestrian App which is entered into when the User creates an Account in the Superpedestrian App and provides all the data for the provision of the Services.
“Individual Contract” each individual rental contract between the User and Superpedestrian for each Scooter the User unlocks during a Rental period, governed by these Terms and Conditions and the Contract that has as its object the performance of the Service through the conclusion of individual purchases of the Service.
“Consumer”: means a natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
“Customer Service”: Customer service is available 24 hrs/day for 7 days a week and can be contacted via the App, by phone listed under Help menu on the App (+49 2173 852 2129), or by sending an email to: support@superpedestrian.com;
“Device”: the mobile device used by the User to access the App and use the Service;
“Map”: the map of the city in which Superpedestrian performs the Service;
“Payment method”: the User’s credit card, debit card or prepaid card validly issued by a bank, and provided for payment by the User during the Account registration process;
“Scooter”: the scooter provided by Superpedestrian as part of the Superpedestrian fleet, for Users to ride in connection with the Service;
“Regulations”: the national and local regulations in force in Germany and in the city where the Service is provided at the time of conclusion of the Contract, with particular reference to the regulatory provisions of the German Road Traffic Ordinance (Straßenverkehrsordnung), the German Small Electrical Vehicles Ordinance (Elektrokleinstfahrzeuge-Verordnung - eKFV) and municipal regulations and resolutions;
“Rental Period”: means the period of time for the performance of each Individual Contract which starts from the confirmation of the activation of the Scooter and ends with the proper end of the Scooter ride in accordance with the Terms and Conditions;
“Service” or “Rental”: the rental service of a Scooter, and the services ancillary or related thereto, such as the use of the App and the localization of the Scooter performed by the Company pursuant to the Agreement;
“Site”: the Company websites of Superpedestrian, available online at https://www.superpedestrian.com;
“Superpedestrian” or “Company”: Superpedestrian Deutschland GmbH, a company organized under the laws of Germany with company registration number HRB 94833, and having its registered address at Lerchenweg 3, 40789 Monheim am Rhein, Germany and its affiliated companies;
“Tariff Plan”: the economic conditions referred to in Article 16 of the Contract and the prices set forth in the Superpedestrian App for the Service localized to each city at the time of the Individual Contract;
“Terms and Conditions” means these general terms and conditions governing and constituting an integral and substantial part of the Contract and each Individual Contract;
“User”: the natural person age 18 and older who meets the requirements to use the Service set out in these Terms and Conditions.
Article 2 – Service
2.1. The Service allows the User to rent a Scooter in the Active Area one or more times, on the basis of and pursuant to the Contract and in accordance with the Regulations.
2.2. In respect of each use of the Scooter, the User and Superpedestrian enter into separate Individual Contracts, governed by the provisions set out therein, and to which these Terms and Conditions and the Tariff Plan, as set forth on the App shall apply.
Article 3 – Requirements for using the service
3.1. In order to use the Service, the User must:
be at least 18 years of age;
be equipped with a Payment method which he/she is entitled to use;
be in a condition to use the Scooter in an appropriate, distraction-free manner, and in any case not be under the influence of alcohol or drugs, or in any other condition limiting his/her capacity to operate the Scooter in a safe manner;
have a Device that meets the technical requirements of the App.
The Company does not warrant or guarantee any technical compatibility between the App and the Device and does not assume any liability in relation to the compliance of the Device with the technical requirements of the App.
3.2. During and until the end of each Rental Period, the User should have a stable data connection service.
3.3. The requirements must be maintained throughout the duration of the Contract. Any deficiency of one or more requirements must be immediately communicated in writing to Customer Service, which may suspend or terminate the Contract.
Article 4 – Procedure for registration of the User on the App
4.1. In order to use the Service and to enter into Individual Contracts, the User must register on the App and create an Account. The User is not obliged to pay any fees or charges solely on the basis of the registration and creation of an Account. The Company is, therefore, not obliged to provide a Scooter and the related Service for the User upon registration and creation of an Account. A rental relationship including the corresponding rights and obligations with regard to a Scooter and the related Service arise only upon conclusion of an Individual Contract. The registration and creation of an Account is solely intended to entitle the User to use the App to conclude Individual Contracts with the Company. By successfully completing the registration process a Contract of use for the App is concluded between the User and the Company is concluded.
4.2. The User is the sole user of their Account and may not authorise any third party to use their Account, or assign or otherwise transfer their Account to any other person or entity for the purpose of accessing or using the Services. The User shall not allow any third party, including any minor children of the User (under 18 years of age), to conclude a Contract or start a Rental Period or to ride any Scooter through or by the User’s Account.
4.3. In order to complete the registration and use the Service, it is necessary to meet the minimum requirements set out in these Terms and Conditions.
Article 5 – Identification system
5.1. The Account, which enables the conclusion of one or more Individual Contracts and therefore the use of the Service, is strictly confidential and personal to the User. The User undertakes to keep his/her Account safe and secure, and shall be responsible for the security and confidentiality of his/her method for accessing the Account.
5.2. Any loss, breach or unauthorized access of the Account must be promptly reported to the Company through Customer Service.
5.3. In the event of a negligent or wilful breach of this article and to the extent permitted by applicable laws, the User shall be liable to the Company for the resulting damages and/or disbursement of money (including indirect damages such as fines and/or administrative sanctions). The User shall also be liable for all damages that result from providing access to his/her Account to third parties, as well as for any event of theft, loss, unauthorised use of or damage to the Scooters in connection with a breach of this article.
5.4. The User has the right to request the cancellation of the Account by contacting Customer Service in the App or at support@superpedestrian.com.
Article 6 – Rental period and conclusion of Individual Contract
6.1. In order to initiate or conclude an Individual Contract, the User shall access the App through their Device and locate the Scooter they would like to rent. By scanning the QR code or manually entering the code indicated under the QR code of a Scooter marked on the App as available and starting the ride, the User makes a binding offer to Superpedestrian for the rent of the Scooter whose QR the User has scanned. With the unlocking of the Scooter, Superpedestrian accepts the offer made by the User.
6.2. The Rental period begins when Superpedestrian unlocks the Scooter.
6.3. The Rental period ends when the User has properly parked the Scooter in accordance with the Terms and Conditions and has completed the process of ending the rental in the App.
Article 7 – Availability of the Service
7.1. The User acknowledges that while the Service is normally available in the Active Area 24 hours a day, it is subject to ordinary business constraints which may result in Scooters not being available due to factors such as weather, high demand, maintenance and charging needs, or geographic restrictions, and subject to cases of force majeure, including pandemics, or decisions of the competent authorities that impose restrictions on the use of the Service. The User accepts that an Individual Contract cannot be concluded if the corresponding Services is not available.
7.2. The User is aware that the availability of Service and the possibility to conclude an Individual Contract may be subject to limitations and impediments, including but not limited to:
the malfunctioning of the connection of the User’s and/or Company’s Internet network or other connectivity;
the malfunction of electronic equipment used by the Company to perform the Service and/or monitor the Scooters;
interruption of the Service due to natural disasters or force majeure, including pandemics or government restrictions;
damage to the Scooter by third parties;
failure to recharge the Scooters.
7.3. The Company shall not be liable for any adverse effects or consequences suffered by the User as a result of the unavailability of the Scooters or the Service and, thus, the lack of opportunity to conclude an Individual Contract. The Company has taken all reasonable care in offering the Services, but makes no representations or warranties about the content of the App and the underlying software, including but not limited to its accuracy, reliability, completeness or timeliness.
Article 8 – Preliminary inspection of Scooters
8.1. Although the Scooters are equipped with the best technology for the User’s safety, prior to entering into an Individual Contract and using the Scooter, the User should always carefully check the Scooter for malfunctions, defects or damage. Such check shall be accurate and strict with respect to the Scooter’s braking system, handlebars, tyres, and acceleration device.
8.2. The User shall immediately report to the Company any malfunction, defect, or damage to the Scooter by contacting Customer Service and shall not ride the Scooter with any such malfunction, defect, or damage.
8.3. In any case, the User is strictly forbidden to make, either directly or indirectly, any modifications and/or repairs to the Scooter.
Article 9 – Use of the Scooter
9.1. Users undertake to use the Scooter within the Active Area, and may circulate, in compliance with the Regulations, i.e., in full respect of the applicable provisions on road traffic safety, and in particular those dictated by the Regulations and other local guidelines or rules applicable in the city.
9.2. In particular, it should be noted that the Scooters covered by these Terms and Conditions may circulate: i) on urban roads and cycle paths at a speed not exceeding 20 km/h; ii) on one-way streets where bicycle or scooter riding is expressly allowed with a sign; iii) in pedestrian areas at the speeds permitted.
9.3. 10.3. In any case, it is forbidden to drive on motorways, highways and extra-urban roads, and on urban areas with cobblestones, pedestrian areas and pavements, where prohibited by the Regulations, both for reasons of safety of the Users and to avoid possible damage to the Scooter. It is also forbidden to carry other people or animals on the Scooter.
9.4. Users, while using the Scooter, must always drive the Scooter with caution, and avoid sudden or zig-zag movements, which may be of hindrance or danger to following vehicles.
9.5. In the case of crossing carriageways with particularly heavy traffic and, in general, where circumstances require it, Users are obliged to cross by taking the vehicle by hand, as well as when using pedestrian crossings.
9.6. Scooters are intended for use by Users in an upright posture and are not equipped with a seat.
9.7. When Users ride the Scooters in pedestrian areas, they must not exceed the speed set by local regulations and must avoid any behaviour that causes obstruction to the normal transit of other pedestrians.
9.8. When Users ride Scooters on pedestrian and bicycle paths, they must conform their behaviour to the Regulations and ride in designated lanes where required.
9.9. The use of a protective helmet by the User is always recommended. Users shall also follow any Regulations concerning wearing helmets, high visibility reflective gear or other safety precautions.
9.10. Users shall undertake to use the Scooter within the Active Area, on the road infrastructures and/or parts of the road, identified and consistent with the provisions of the Regulations in force, with particular reference to what is established in the Regulations. The penalties laid down in the Regulations apply. 9.11. Users shall undertake to use the Scooter with reasonable care and due diligence, scrupulously observing the Regulations and, in particular, those relating to road traffic, carefully avoiding collisions with pedestrians, as well as collisions with vehicles (e.g., when crossing carriageways or when vehicles are parked).
9.12. After parking, and before leaving the Scooter, the User must ensure that it is parked in accordance with the provisions set out below in the Active Area, in accordance with the Regulations (e.g., in areas and in ways that do not constitute an obstruction to pedestrians or vehicle traffic) and checking that it is locked.
9.13. If the Payment method registered by the User on the Account rejects a payment charge, the Company will proceed to make further charge attempts and, in the event of charge is not permitted or rejected, the Company will notify the User of the non-payment and reserves the right to suspend the User’s Account from the Service until any debts are settled.
9.14. The User may not in any way use the Scooter in violation of Regulations, including by way of example only:
for the transport of goods or persons in breach of the Regulations;
for speed races or competitions;
for the transport of animals;
to provide a rental service to third parties, or for any other business purpose;
to commit civil, criminal or administrative offences;
to commit acts contrary to public order and public safety regulations;
to transport dangerous, flammable, toxic or similar substances;
to transport weapons, explosives, radioactive, bacteriological and similar materials;
to carry objects of such shape, size or weight that they may impair the safe operation of the Scooter or damage parts of the Scooter, pedestrians, vehicles or other property of third parties;
for towing other scooters, people, vehicles or other objects.
9.15. The User shall not violate these Terms and Conditions, including by way of example only, shall not:
ride the Scooter outside the Active Area;
park the Scooter outside the Active Area or in private streets, parking lots or garages, thereby preventing the possibility of renting the Scooter to other Users once it is parked;
transport the Scooter by private means;
dirty, damage or spoil the Scooter;
ride the Scooter in a manner that causes or is likely to cause injury, discomfort or concern to others;
use the Scooter in the event of strong winds or bad weather, floods, overflows, earthquakes, etc;
disassemble, tamper with the Scooter or carry out or have carried out any type of repair or modification to the Scooter;
leave the Scooter unattended during the Rental Period;
remove branding, trademarks or other distinctive signs of the Scooter;
disclose any commercial or non-commercial advertising on the Scooter or the App without prior written consent;
infringe any legitimate right of any third party, including but not limited to intellectual property rights;
use the Scooter to transport objects that:
may result in injury or damage to the User or any other person;
may result in damage to the Scooter or other third-party property;
are prohibited by law.
9.16. In the event the User has stolen, or has aided and abetted the theft of, any Scooter due to wilful misconduct, fault or carelessness, the Company reserves the right to claim against the User by charging the User’s Payment method for the Account an amount equal to the value of the Scooter, as specified in the Tariff Plan on the App and Site at the time.
9.17. Any sanction imposed on the use of the Scooter by the competent authorities for the User’s failure to comply with any Regulations shall be the exclusive responsibility of the User and shall be borne entirely by the User, including any additional costs, charges or fines. The Company may pay any such fines charged by the competent authorities and charge the User’s Payment method on the Account for any such fines and Penalties.
9.18. In the event of a breach of these Terms and Conditions, the Company shall be entitled to terminate the Contract with immediate effect upon notice to the User in the App, for breach of contract by the User. The Company reserves the right at any time to terminate, deactivate or suspend the User’s Account and/or restrict the User’s access to the Services. The Company also reserves the right to take action against the User for damages and take any legal action for its own protection in the competent courts.
Article 10 – Charging the Scooter
10.1. The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. User agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric vehicle and all of the limitations and requirements associated therewith. User understands and agrees with each of the following:
The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).
The level of charging power in the Vehicle at the time User initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use. The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, road elevation changes, weather conditions, and other factors.
The distance and/or time that User may operate the Vehicle before it loses charging power is never guaranteed. The Vehicle may run out of charging power and cease to operate at any time during User’s rental of the Vehicle, including before reaching the desired destination.
10.2. If during the Rental Period, the battery charge level of the Scooter, as indicated by the indicator on the handlebars, falls below an acceptable level, the User must terminate the Rental Period of the Scooter. Failing this, the Company reserves the right to lock it for safety reasons and to terminate the Rental Period and the Individual Contract after an appropriate warning allowing the User to safely stop the ride.
Article 11 – Limitation of Liability of the Company
11.1. By using a Scooter as part of this Service, the User acknowledges that he/she is exclusively liable for any loss or damages for any physical injury or property damage suffered or incurred by the User and/or by any third parties as a result of the User’s use of the Scooter. The User is also solely responsible for any injury, damage, or loss to persons or property, including to third parties or the User, resulting from the User’s failure to comply with any obligations under these Terms and Conditions or any applicable Regulations.
11.2 The Company shall only be liable to the extent such injury, damage, or loss is caused by the wilful or grossly negligent actions of the Company, or a product defect, as provided under applicable laws at the time of conclusion of the Contract.
11.3. The Company shall not be liable for any failure to comply with these Terms and Conditions if such failure is due to force majeure, the actions of a third party or any reason beyond its control.
Article 12 – Insurance
12.1. The Scooters of Superpedestrian are covered in Germany by a motor third-party liability insurance policy for injury to third parties or accidental damage to third-party property arising from the use of a Scooter.
12.2. The User acknowledges and is aware that the Company recommends activating suitable insurance coverage for the User’s own liability for injuries or property damage to the User or to third parties in relation to the use of the Service.
Article 13 – Obligations in the event of accident, damage, defect or theft
13.1 In the event of an accident or collision involving the Scooter, or in the event of damage or injury to property or person resulting from the use of the Scooter, the User shall:
1. stop using the Scooter as soon as possible and in a safe area;
2. contact the Company through the Customer Service to inform of the accident/damage/injury, providing all necessary information requested by the Company;
3. report the accident/damage/injury to the Police and/or other Public Safety Authority, regardless of whether they believe it was caused by their own conduct or that of a third party;
4. stay at the scene of the accident/damage/injury until:
it is ascertained that all persons involved did not suffer any injuries and, if so, until medical help has arrived;
the Police and/or other Public Safety Authority have arrived at the scene of the accident and drawn up a report;
the Scooter has been removed by a specialist company in cooperation with the Company and has been safely parked or driven elsewhere;
has taken the personal details, vehicle number plates and other necessary contact details of all vehicles and persons involved, including witnesses, as well as a copy of the report drawn up by the authorities.
13.2. In the event that the User fails to carry out one or more of the obligations indicated in the preceding points, it shall be considered a material breach by the User and the Company shall be held harmless from all liability and shall be entitled to terminate the Contract, without prejudice to the possibility of claiming compensation from the User for all damages suffered as a result of the User’s failure to fulfil his/her obligations.
13.3. In the event of an accident, the respective Individual Contract shall not be deemed terminated until the Scooter has been properly returned in accordance with these Terms and Conditions. Depending on the damage caused to the Scooter, the Company may charge the User for any damages caused, subject to the User’s ability to prove that the incident occurred through no fault of his/her own.
13.4. The User shall, to the extent permitted under applicable laws, compensate the Company for all direct damages suffered and related to the claim.
13.5. In the event of loss or theft of a Scooter during the Rental Periods, the User must report the incident to the police and provide the Company with the relevant report or protocol number provided by the police when reporting the incident.
13.6 In the event of theft, robbery, or vandalism to the Scooter during the Rental Period, the User must promptly report this immediately to Customer Service and immediately report this to the authorities.
Article 14 – Termination of the Contract
14.1. Each Individual Contract shall terminate when the User has ended the ride and completed all of the following steps:
park within the Active Area in a suitable public parking area in accordance with the Regulations;
make sure that the Scooter is locked;
terminate the Rental Period through the App.
14.2. In order to terminate the Rental Period and the Individual Contract, the User must not park the Scooter at the end of the ride (a) in such a way as to obstruct pedestrians or vehicles, especially in areas where parking or stopping is prohibited, or (b) in places not accessible to the Company and/or other Users, or (c) anywhere outside the Active Area. If a Scooter is parked in violation of this section due to the fault of the User, any administrative fines, as well as the appropriate costs incurred by the Company for the recovery and/or removal of the Scooter shall be fully charged to the User. It is also expressly forbidden to park the Scooter next to traffic lights or traffic signs, parking ticket machines or parking meters, on pavements that are reduced to a width of less than 1.5 meters and in front of, or near, emergency exits or fire exits, as well as in any other place where stopping or parking is prohibited under the Regulations. The User shall reimburse the Company for any expenses, fines or other costs incurred in the event of a culpable breach of this prohibition.
14.3. If due to poor or no connection of the Device the Rental Period cannot be terminated, the User shall try to park the Scooter elsewhere within the Active Area and repeat the operation. If the Rental Period cannot be terminated for technical reasons, the User is required to contact Customer Service to inform about the termination of the Rental Period.
If the User abandons the Scooter without having terminated the Rental Period or contacted Customer Service to inform about the termination of the Rental Period, the Individual Contract shall continue and the User shall be charged the corresponding amounts under the Tariff Plan.
14.4. In the event of a dispute between the Company and the User regarding the condition of the Scooter, including any existing damage and defects and the assessment thereof, the Company may engage the services of a specialist company to determine the condition of the Scooter and any loss of value.
Article 15 – Economic conditions and charges
15.1. The Service provides for the following pricing as specified in the Tariff Plan in the App for the location where the scooter is rented: Service start-up charge and “per minute” charge, calculated on the basis of the time of each individual Rental Period. Partially used minutes shall be considered rounded up to 60 (sixty) seconds starting from the thirty-first second. For Users who are Consumers, all amounts include applicable taxes.
15.2. In the event that there are insufficient funds in the User’s Account for the Rental Period, the remaining balance will be charged as soon as the funds are added. The User will not be able to conclude a new Individual Contract and start a new Rental Period until sufficient funds are available in the Account.
15.3. If the User wishes to dispute the amount charged, he/she must contact Customer Service within 90 days of the charge being made by e-mail to: support@superpedestrian.com. The statutory limitation period applicable to claims of the User shall remain unaffected.
15.4. The User hereby authorises the Company to charge the amount due in relation to the Tariff Plan to the Credit Card associated with the Account.
Article 16 – Changes to the Terms and Conditions
16.1. The Company reserves the right to amend these Terms and Conditions as needed to address and reflect changes in the business, rider behaviour and use, safety concerns, and updates to Regulations or permit requirements. When we make material changes to the Terms and Conditions, we will communicate the update using a notification in the App.
Article 17 – Rights of withdrawal, suspension of service and termination of the Contract
17.1. The Company may, at any time, terminate the User’s Account by giving written notice to the User by text, e-mail or notification within the App with 15 (fifteen) days’ notice.
17.2. Company hast the right to suspend or terminate the User’s Account for good cause, in particular in the following cases:
non-payment and/or late payment of the amounts due under the Tariff Plan or these Terms and Condition for two consecutive Rental Periods to a not insignificant extent;
inaccuracy or unreliability of the information provided to the Company through the App during registration or subsequently, including creation of multiple accounts by one person in order to abuse promotional codes, credits or other discounts, or otherwise evade these Terms and Conditions;
in the event of failure to return a Scooter due to the User’s fault or in the event of riding by a person other than the User;
facilitation or negligent or wilful commission by the User of a theft, robbery or vandalism of one or more Scooters;
if the User incurs multiple sanctions by authorities for violations of the Regulations;
if the User, through their own negligence or intent, has caused an accident with pedestrians or vehicles or the failure of the Scooter.
17.3. In the event of termination of the Contract for one of the above reasons, the Company reserves the right to apply a penalty to the User in accordance with the Tariff Plan in force at the time of termination, without prejudice to the right to compensation for any greater damages.
Article 18 – Compulsory information provided by the User
18.1. To create and maintain an Account, the User shall provide through the App and keep current:
the mobile telephone number of the Device used with the Account;
a valid Payment method for use on the Account.
18.2. The Company undertakes to comply with the European regulation on data protection (Regulation (EU) no. 679/2016 “GDPR”), in accordance with its Privacy Policy.
Article 19 – General clauses, legislation and competent court
19.1. The Contract and each Individual Contract are governed by the laws of Germany.
19.2. The Courts of Düsseldorf shall have exclusive jurisdiction over any dispute arising from, connected with or resulting from the Contract, unless the User qualifies as a consumer residing within any of the EU member states in which case the court of the place of residence of the consumer, shall have jurisdiction.
The Company does not participate in the procedure for alternative dispute resolution in consumer matters pursuant to the Consumer Dispute Resolution Act (VSBG) and does not participate in online dispute resolution pursuant to the Regulation on Online Dispute Resolution in Consumer Matters (ODR Regulation) and is not obliged to do so.
Article 20 – Communications between the Company and the User
20.1. Any communication for the purposes of the Contract shall be made to the following addresses:
for the Company: Lerchenweg 3, 40789 Monheim am Rhein, Germany and by e-mail to support@superpedestrian.com
for the User: the contact details associated with the Account.
Article 21 – Miscellaneous
21.1. If the Company fails to enforce its rights and entitlements under this Contract, such conduct shall not in any event be construed as a waiver thereof, nor shall it prevent the Company from requiring full, timely and strict performance of the Contract at a later date.
21.2. If any provision of the Terms and Conditions is or becomes invalid or unenforceable, including as a result of amendments to the current Regulations, this will not affect the validity of the Contract. If any provision is unlawful, invalid or unenforceable, the parties shall replace it with a legal, valid and enforceable provision having, to the extent possible, a similar effect.
21.3. The Company may assign or transfer these Terms and Conditions in whole or in part, or its rights and obligations arising out of them to: a subsidiary, parent or associated company; a purchaser of the share capital, business or assets; or a successor by way of merger or other business combination.
21.4 Contract language is English.
Article 22 – Right of Withdrawal from Contract
22.1. Instructions on withdrawal.
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Superpedestrian Deutschland GmbH, Lerchenweg 3, 40789 Monheim am Rhein, Germany, e-mail support@superpedestrian.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same Payment method as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
22.2. Withdrawal form
Model withdrawal form
(complete and return this form only if you wish to withdraw from the Contract)
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(*) Delete as appropriate.
22.3. The User acknowledges and accepts that if User has started using the Service and used credits, such use entails a waiver of the right of withdrawal for the Services enjoyed. In case the User withdraws or cancels the Contract after using the Services, any fees paid by User or credits will not be refunded.