Terms and conditions

Terms and conditions

General Terms and Conditions for the Sale of New Vehicles

  1. Introduction

    These General Terms and Conditions ("GTC") govern the relationship between smart UK Automotive Limited ("smart" or "Us"/"We") and the customer ("You" or "Your") for the purchase of Vehicles and other Products, including Additional Products. Our company number is 13311396 and Our registered office is The Pinnacle, Midsummer Boulevard, Milton Keynes MK9 1BP, United Kingdom. Unless otherwise stated in these GTC, any other terms and conditions won't apply, regardless of whether smart has expressly objected to them.

    You must read and accept these GTC if You wish to purchase a Vehicle and/or Additional Products.

    By completing an order, You confirm that You have carefully read, understood and accepted these GTC. Our order process expressly indicates when they apply.

    These GTC do not apply:

    • if You are a Business Customer and We have concluded a fleet agreement with You, in which case the fleet agreement overrides these GTC. These GTC shall only apply where the relevant fleet agreement does not differ from these GTC and if it does not refer to Consumers or SMEs;

    • to smart's new car warranty as it is subject to its own terms ("Warranty Terms");

    • to smart's Integrated Service Package ("ISP") as it is subject to its own terms ("ISP Terms");

    • to the purchase and/or download of digital services and the Hello smart App, as these are subject to their own terms which You can view at https://uk.smart.com/en/service/terms-of-service/ ("Terms of Digital Services");

    • to create and register a smart ID that is subject to its own terms, which can be viewed and saved at https://uk.smart.com/en/service/terms-of-use/ ("smart ID Terms of Use").

  2. Definitions

    Terms defined in these GTCs are as follows:

    2.1. "Additional Products" means all goods or items sold by smart Marketplace Sellers through the smart Store for or for use with the Vehicles, including extras (e.g. wallboxes) and accessories for use with a Vehicle.

    2.2. "Affiliated Company" means any independent legal entity related to smart that is owned by smart or has a majority stake in smart, or that is controlled by smart or controls smart, or which is a party to an inter-company agreement with smart.

    2.3. "Business Customer" means an individual or a legal entity that, when entering into the Purchase Agreement or leasing/financing agreement with the Leasing/Financing Partner, acts primarily in the exercise of their commercial or independent professional activities.

    2.4. "Consumer" means any natural person who enters into the Purchase Agreement or leasing/financing agreement with the Leasing/Financing Partner for non-commercial or non-professional purposes.

    2.5. "Hello smart App" means the smartphone application that shows You real-time Vehicle information like Your Vehicle's VIN (Vehicle Identification Number), its range, battery status, location, tyre pressure, the air quality inside the Vehicle and if the Vehicle is locked or unlocked. It is also a digital access point to smart, the smart Store and Your smart Account.

    2.6. "Leasing/Financing Partner" means ALD Automotive Ltd. with its registered office at Oakwood Drive, Emersons Green, Bristol, BS16 7LB which offers leasing/financing-services for the Vehicles under "smart Mobility Financial Services".

    2.7. "Marketplace" means a marketplace platform operated by smart enabling smart and third-party sellers to offer their goods and services to customers.

    2.8. "Marketplace Seller" means any third-party seller selling their goods or services on the Marketplace.

    2.9. "Parties" means smart and You together.

    2.10. "Product(s)" means the Additional Products and the Vehicles sold by smart.

    2.11. "Purchase Agreement" means any agreement for the purchase of a Vehicle and/or Additional Products that has been or will be entered into by smart and You and to which these GTC apply.

    2.12. "smart Account" means the user account created at the https://id.smart.com website that is necessary to purchase any Product via the smart Store and where You indicate whether You are a Consumer or an SME. Your smart Account is the basis for Your connected customer experience and lets You save Your individual Vehicle via the online customizer, book a test drive, buy a Vehicle and/or any digital services, connect to the Vehicle, buy aftersales packages, manage workshop services and use other smart services. Due to the ongoing development of the smart ecosystem, the services offered via the smart Account may change from time to time.

    2.13. "smart Agent" means a retailer and/or a repair service provider authorized by smart for Vehicles, accessories and/or Additional Products.

    2.14. "smart ID" means the e-mail address and the password You set-up when You created Your smart Account (which may be changed by You at any time). The smart ID is Your personal key to the entire smart product and service range as well as the smart ecosystem. During the registration, You must indicate whether You are a Consumer or a Business Customer and ensure that any information You enter is accurate so We can contact You.

    2.15. "smart Store" means smart's online-shop hosted at https://uk.smart.com for the sale of Products, including the Marketplace; both are under continuous development and may change from time to time.

    2.16. "SME" means a Business Customer who is a small-medium enterprise with whom We have not entered into a fleet agreement.

    2.17. "Vehicle(s)" means all new Vehicles sold through the smart Store.

  3. Changes to these GTC

    3.1. After You accept these GTC, We may change these GTC from time to time for important reasons such as legal, regulatory, technical or security reasons. You can view, save and print the current version of these GTC at any time at https://uk.smart.com/en/service/terms-conditions/. Changes to the main obligations of this Purchase Agreement that would change the fundamental nature of the Purchase Agreement cannot be made.

    3.2. We'll notify You by email at least 4 weeks in advance of any changes to these GTC at the e-mail-address registered to Your smart ID. We'll also let You know about the changes in Your smart Account where You can accept or reject the changes. If You don't object to the changes in the 4 weeks after Our notice, You will be deemed to have accepted the changes. If You do object to the changes, We can terminate the contract by giving You 2 weeks' notice provided We have told You what happens if You don't consent and that We can terminate the contract as a result.

  4. Purchase of Vehicles and Additional Products from smart

    4.1. Vehicles and Additional Products as displayed by smart on the smart Store do not constitute a legally binding offer but an invitation for You to make an offer to purchase a Vehicle or an Additional Product.

    4.2. To purchase a Vehicle from smart through the smart Store, You have to access the smart Store on Your own or as guided by Your smart Agent:

    4.2.1. You may visit the smart Store online at https://uk.smart.com.

    4.2.1.1. The smart Store is available in the UK and the language which is used to conclude the Purchase Agreement is English. If You change the language via the footer on https://global.smart.com, You will be re-directed to another smart Store of an Affiliated Company where other terms and conditions will apply.)

    4.2.1.2. You may select, configure or customize a Vehicle and, if applicable, add services and Additional Products. Clicking "Buy now" will add the Vehicle and any Additional Products to Your shopping cart. Wallboxes can only be added to Your shopping cart when You are purchasing a Vehicle, although You can buy wallboxes from Marketplace Sellers if You have already ordered a Vehicle. You can only purchase one wallbox for each Vehicle at any given time.

    4.2.1.3. Before You can add any Vehicle and any Additional Products into Your shopping cart, You must login with Your smart ID. If You don't have a smart ID, You have to create one. To create a smart ID You must click the registration button that takes You to the smart ID registration form where You add Your personal details, create a password and indicate whether if You are a Consumer or an SME. Any information You enter must be accurate, so smart can communicate with You about the order. The smart ID Terms of Use shall apply.

    4.2.1.4. After You have logged-in with Your smart ID, You will be directed to Your shopping cart.

    4.3. In the shopping cart You will find an overview of the selected or configured Vehicle and chosen Additional Products as well as further technical details, the chosen additional services and payment details. On the shopping cart page You may make changes to the Vehicle and to the Additional Products selected, to the payment process (i.e. choose to lease/finance the Vehicle from the Leasing/Financing Partner or to buy the Vehicle with cash from smart) and confirm Your smart Agent.

    4.4. By clicking "Continue to checkout", You continue with the ordering process. You must enter or confirm Your personal details, such as Your name, address and contact details. You can only proceed with the ordering process if You are over 18 years of age. All details can be changed by clicking and editing the information which has been entered, using Your keyboard, mouse or (if applicable, e.g. on Your smartphone) Your finger. By clicking the button at the bottom of the page, You can always go back to the previous step of the ordering process.

    4.5. By clicking "Continue", You will be guided to the next stage of the ordering process where You can view a summary of Your order showing the pick-up location for Your chosen Vehicle, change the Vehicle pick-up location and change Your preferred Vehicle pick-up date. At this stage You can also add and change Your delivery address for the delivery of Additional Products and indicate if You are interested in other features and/or services. If You indicate Your interest in other features and/or services then a smart Agent will contact You following which You can enter into a separate agreement for these other features and/or services.

    4.6. By clicking "Continue" You will be taken to the order overview where You can view Your personal information, billing information, order and payment details. The price on the bottom of the order overview shows the total price of Your order including VAT, the price of any Additional Products chosen (if any), the Vehicle registration and transportation costs, to be paid if You complete the purchase.

    4.7. If You choose to pay for the Vehicle on a cash basis:

    4.7.1. and You are a Consumer, You are stating your intention to buy the Vehicle and any Additional Products (if any) when You click "Order with obligation to pay".

    If the order is successful, You will be taken to the order success page and if not, You will be taken to a page saying an error occurred;

    4.8. and You are an SME and You haven't already uploaded the required documentation to Your smart Account in the "Enterprise" tab, by clicking "Continue" You will be taken to the verification page to provide Us with the necessary documentation and information for Your SME. After We have successfully checked Your documents, We'll e-mail You to confirm Your order can be processed. If You fail to upload the requested documentation within a reasonable timeframe, We won't be able to process Your order and it will be cancelled;

    4.9. and Your order is made through a smart Agent, Your offer to buy the Vehicle and any Additional Products (if any) occurs when You sign the order on the smart Agent's tablet. If You have multiple signatories, You must register the e-mail addresses of all signatories who will receive an e-mail with a link so they can electronically sign their orders. The individual orders will only be initiated, when and if all of the individual signatories sign the orders.

    4.10. If You choose to lease the Vehicle, by clicking "Continue to leasing", You will be redirected to the order interface of the Leasing Partner to enter into a leasing agreement with the Leasing Partner on the Leasing Partner's own terms and conditions, irrespective of whether You are a Consumer or an SME. Please note that smart won't be a party to the leasing agreement between You and the Leasing Partner and that You must enter into a leasing agreement without delay after smart has directed You to the Leasing Partner to complete Your order. If You don't conclude the leasing agreement promptly, Your order may be cancelled, and You will need to resubmit another order. If You added an Additional Product to Your shopping cart and choose to lease the Vehicle, the Additional Product is not part of Your order at this stage. It is possible that You won't be able to continue Your order journey for Additional Products that were in Your shopping cart when We directed You to the Leasing Partner. As a result, We will e-mail You using the email address linked to Your smart ID that the order process for the Additional Products hasn't been completed.

    4.11. Under the "My orders" tab of the "My account" section of Your smart Account, You can view all successfully placed orders.

  1. Order Acceptance

    5.1. If You choose to pay for the Vehicle with cash, irrespective of whether You are a Consumer or an SME, We will first send You an automatic order summary for Your Vehicle and/or Additional Products if You have selected Additional Products. This summary is not a legally binding acceptance of Your order. Once You receive the order confirmation via e-mail, a legally binding Purchase Agreement for the Vehicle and/or the Additional Products is concluded. If You choose to pay for the Vehicle on a cash basis from smart, We will save the Purchase Agreement for the Vehicle and/or Additional Products after it has been completed and it will be accessible via Your smart Account. The order confirmation will include a summary of the Purchase Agreement with smart, including these GTC.

    5.2. If You choose to lease/finance the Vehicle from the Leasing/Finance Partner, smart won't be a party to the leasing/financing agreement between You and the Leasing/Financing Partner and therefore We will not be accepting Your order.

  2. Purchase of Additional Products from a Marketplace Seller

    6.1. Besides buying Vehicles and Additional Products from smart via the smart Store, You can also buy Additional Products from Marketplace Sellers via the Marketplace.

    6.2. Buying Additional Products through the Marketplace is covered by the same terms indicated in clause 5 except for when You pay using cash for Additional Products from a Marketplace Seller as the contract is between You and the Marketplace Seller only. If You need to talk to the Marketplace Seller about any Additional Products ordered via the Marketplace You have to contact the Marketplace Seller You want to order from.

    6.3. If You buy from the Marketplace, the terms and conditions of each Marketplace Seller will apply and these can be viewed during the checkout process and/or on the Marketplace Seller's page on the Marketplace, if the Marketplace Seller has provided their own terms and conditions.

    6.4. Buying Additional Products via the Marketplace is only possible if You either: (i) buy a Vehicle and Additional Products or (ii) have already bought a Vehicle from smart.

  3. Pre-order Vouchers and their Order Process

  4. Payment, Subsequent Price Change, Delays and Offsetting

    8.1. If You choose to buy the Vehicle on a cash basis, We will request payment of the purchase price as set out in clause 4.6 via bank transfer before the Vehicle is delivered. If You choose to lease/finance the Vehicle from the Leasing/Financing Partner, the conditions agreed to in Your leasing/financing agreement shall apply.

    8.2. To ensure that Your Vehicle is ready for collection on the agreed date, We need to commence the delivery process in advance. The total purchase price as referred to in clause 4.6 is payable a week before the scheduled delivery or collection of the Vehicle as specified in clause 10.1. You must transfer the total amount to Our bank-account as stated in the order confirmation at least a week before the agreed collection date so We receive the total purchase price before the agreed collection date. If We don't confirm receipt of Your payment by the agreed delivery or collection date, the Vehicle and any Additional Products won't be handed over and the delivery or collection date for the Vehicle and any Additional Products will be delayed.

    8.3. If delivery occurs within 4 months of completing the Purchase Agreement, the total agreed purchase price in the Purchase Agreement is the price You shall pay to Us. However, if the delivery is after 4 months of completing the Purchase Agreement than that, the agreed total purchase price may change at Our reasonable discretion until the actual delivery date. Factors that may cause any price adjustments are external factors, including but not limited to, increase(s) in Our supply costs for materials and/or for services provided by suppliers.

    You can withdraw from the Purchase Agreement if the agreed total purchase price for the Vehicle, the Additional Products and/or the transfer fee has increased more than 3% compared to the agreed total purchase price indicated in the Purchase Agreement.

    If You wish to exercise You right to withdraw, You must contact us in writing within 2 weeks of Us notifying You of the change to the agreed total purchase price.

  5. Delivery and Force Majeure

    9.1. The estimated delivery date for Your Vehicle and any Additional Products to Your smart Agent is indicated in the shopping cart, Your order summary and/or email confirmation. The delivery date is estimated on conclusion of the Purchase Agreement. During the ordering process, You can choose a preferred delivery date for the Vehicle. However, We cannot guarantee the delivery date is always specified. If no delivery date is specified, the Vehicle and any Additional Products shall be delivered within a reasonable period of time, normally 12 weeks for new Vehicles in stock.

    9.2. All delivery dates indicated in clause 9.1 are not be binding on Us.

    9.3. Six weeks after any estimated delivery date, You can ask Us to deliver the Vehicle within a reasonable period, which decreases to 10 days for any Vehicles that are in stock. If We receive Your request after 6 weeks after the estimate delivery date, We will be in breach of the Purchasing Agreement. If You are entitled to compensation for damages caused by Our delay, Your claim shall be limited to a maximum of 5% of the agreed purchase price if We have been negligent.

    9.4. If You wish to withdraw from the Purchasing Agreement and/or claim damages instead of performance, You must give Us a reasonable deadline for delivery. If You have a claim for damages instead of performance, Your claim shall be limited to a maximum of 25% of the agreed purchase price if We have been negligent. If You are a Business Customer, claims for damages instead of performance for Our negligence are excluded. If whilst We are in breach of the Purchasing Agreement delivery becomes unintentionally impossible, Our liability shall be limited as stated above. If the damage occurred even though We delivered on time, We won't be liable.

    9.5. If there is a delivery delay, We will inform You promptly.

    9.6. Whenever smart is temporarily prevented from delivering the Vehicle due to force majeure events, smart will be released from its obligation to do so for the duration and to the extent non-performance is caused by force majeure events. The dates and periods specified in clauses 9.1 to 9.6 shall be extended for a period of time corresponding to the delay resulting from any force majeure events.

    For purpose of this clause 9.6, force majeure events shall mean: any extraordinary event beyond smart's unforeseeable and uncontrollable control that cannot be prevented by smart even by exercising the highest degree of care and that prevents smart from complying with its obligations, including but not limited to: natural disasters, fire damage, floods, strikes, wars and military-conflicts, trade embargos, pandemics or epidemics (including the Covid-19 pandemic), as well as operational disruptions or official decrees for which smart isn't responsible. Supply difficulties and other disruptions of performance by smart's suppliers shall only be considered force majeure events if the supplier is prevented from performing its obligations due to a force majeure event.

    We'll let You know as soon as the force majeure event happens and We'll do everything We can to limit its effects. If the disruption lasts for more than 4 months, both Parties can terminate the Purchase Agreement. If We terminate the Purchase Agreement, We'll immediately refund any money You have already paid.

    This clause won't affect any rights to terminate the Purchase Agreement for any other reason.

    9.7. The limitations and exclusions of liability in this clause 9 won't apply to any loss or damage caused by smart, its legal representatives' or its agents' negligence or wilful misconduct or in the event of death or personal injury.

  1. Delivery and Changes to Order before Delivery, Non-Acceptance

    10.1. If You agree on a home delivery of Your Vehicle with a smart Agent as specified in clause 4.5, We'll let You know when Your Vehicle is ready for collection at a smart Agent’s location or when it is ready to be delivered.

    10.2. Rescheduling or cancelling a booked collection or delivery appointment slot can only be done via the smart Agent. If You want to reschedule or cancel a booked collection or delivery, please contact Your smart Agent. Rescheduling or cancelling a booked collection or delivery does not release You from Your obligation to pay the agreed total purchase price as set out in clause 8.2 a week before the agreed hand-over date.

    10.3. However, if You don't postpone or cancel the booked collection or delivery slot before the agreed collection or delivery date, We will charge You for the costs incurred due to the missed collection or delivery slot for Your failure to postpone or cancel it by giving advance notice. You must contact Your smart Agent to postpone or cancel Your collection or delivery slot.

    10.4. If Your booked collection or delivery needs to be re-arranged, You will be contacted as soon as possible to arrange a new collection or delivery appointment.

    10.5. You must accept any Vehicle purchased within 14 days from being notified Your Vehicle is ready. If You don't accept it, We may exercise Our statutory rights. If We claim for Our losses, these will be based on Our actual costs incurred.

    10.6. During the delivery period, We reserve Our right to modify the design or shape of the Vehicle, to change the colour shade of the Vehicle and to change the scope of the delivery, provided that all modifications or deviations are reasonable for You as well as taking into account smart's interests.

  2. Warranty and Liability

    11.1. In the event You purchased a defective Product from Us, You are entitled to enforce against Us certain statutory warranty rights, subject to the limitations set out below.

    11.2. Claims that result in material defects shall expire in accordance with the applicable statutory provisions.

    Notwithstanding the above, a limitation period of one year shall apply if You are a public body or a Business Customer. However, the reduction of the limitation period won't apply to any damages caused by smart's, its legal representatives' or agent's negligence or intentional breach of their respective obligations or in the event of death or personal injury or for any other liability which cannot be excluded by law.

    11.3. Our liability for Our negligence is limited to breaches of Our material obligations:

    11.3.1.  which are essential to carrying out the Purchase Agreement;
    
    11.3.2.  which would jeopardize the achievement of the purpose of the Purchase Agreement; and
    
    11.3.3.  which You may rely upon in regular circumstances.

    In case of a material breach of Our obligations, We are only liable for any foreseeable and typical contractual damages. This also applies to any breaches committed by Our legal representatives or agents. The personal liability of Our legal representatives, agents and employees for damages caused by them due to negligence is wholly excluded.

    11.4. The exclusions of liability referred to in clause 11.3 do not apply in the case of

    11.4.1.  a guarantee given by smart;
    
    11.4.2.  death or personal injury;
    
    11.4.3.  fraud or fraudulent misrepresentation; and/or
    
    11.4.4.  any other liability which cannot be excluded by law.
  1. Notices of Defect

    12.1. You should notify Us of any defect as soon as possible after the defect has been detected.

    12.2. If You are a Business Customer, any warranty rights shall be subject to Your compliance of Your obligations pursuant to section 31 and 32 of the Sale of Goods Act 1979.

  2. Remedy of Defects

    13.1. If a defect of a Vehicle is to be remedied, the following shall apply:

    13.1.1.  You can claim for a remedy of material defects against Us or against Your smart Agent; If You make a claim against Your smart Agent, You must notify Us without delay if the first attempt to remedy the material defect was unsuccessful. If You provide a verbal notice of Your claim, You shall be provided with a written confirmation of such notice.
    
    13.1.2.  If the Vehicle purchased becomes unusable due to a material defect, You must contact the nearest authorised repair service provider company to the location of the unusable Vehicle.
    
    13.1.3.  Any Vehicle parts which are replaced shall belong to smart.
    
    You can only claim for a remedy of material defects in accordance with the Purchase Agreement for the defective parts installed on Your Vehicle during the limitation period of the Vehicle purchased. Claims for remedy of defects won't be affected by change of ownership of the Vehicle purchased.

    13.2. If You are a Business Customer, We have the right to remedy the defect of the Vehicle or to redeliver the Vehicle. In this case, You have the right to cancel the Vehicle purchase if a defect remains after 3 attempts to remedy the defect. If the Vehicle purchase is cancelled, We reserve Our right to deduct from the purchase price 0,67% of the purchase price for each 700 mi driven since the Vehicle delivery for the benefit You have obtained from the Vehicle. However, We won't be obliged to pay more for the returned Vehicle than corresponds to the market value of the Vehicle if it would be free from defects.

  1. Additional Warranties and Usual Wear and Tear

    14.1. In addition to Your statutory warranty rights, Our Vehicles are covered by an additional new car warranty from smart. The Warranty Terms will be provided to You when You receive the Vehicle.

    14.2. Our Vehicles are also covered by an Integrated Service Package (see Introduction) covering usual wear and tear of Our Vehicles as well as a warranty extension and Roadside Assistance. The ISP Terms will be provided to You when You receive the Vehicle.

  2. Consumers Right to cancel

    If You are a Consumer and You entered into the Purchase Agreement via the smart Store online without a smart Agent, You are entitled to a statutory right to cancel the Purchase Agreement. In case You leased/financed the Vehicle, You might be required to declare Your withdrawal to your direct Leasing/Financing Partner with whom You have entered into an agreement.

    This information below sets out Your right to cancel the Purchase Agreement:

    15.1. Cancellation right

    You have the right to cancel the Purchase Agreement within 14 days without giving Us any reason.

    This cancellation period expires 14 days after the day on which You acquire or an authorised third party acquires physical possession of the Product.

    To exercise Your right to cancel, You must notify Us (smart UK Automotive Limited) by phoning +44 1908 086062, e-mailing hello@support.smart.com or writing to us at the abovementioned address in section 1 of Your decision to cancel the Purchase Agreement with a clear statement (e.g. either a letter sent by post or by e-mail). You can use the attached standard cancellation form but this is not obligatory.

    To meet the cancellation deadline, it is sufficient for You to notify Us that You wish to cancel the Purchase Agreement before the cancellation period has expired.

    15.2. Effects of cancellation

    If You cancel the Purchase Agreement, We'll refund You for all payments You made to Us, including the delivery costs (except for any additional costs resulting from Your delivery choice other than the least expensive standard delivery We offer), without and in any event no later than 14 days from the day on which You informed Us of Your decision to cancel the Purchase Agreement. We'll refund You using the same payment method You used for the initial transaction, unless You expressly have agreed otherwise; in any event, You won't incur any fees as a result of such refund. We may withhold refunding You until We have received the Product back or You have supplied evidence of having sent back the Product, whichever is earlier.

    You must send back the Product or hand it over to Us or to the authorized smart Agent for Us at the hand-over location as set out in the Purchase Agreement or another location agreed between the Parties without delay and in any event no later than 14 days from the date on which You informed Us of Your decision to cancel the Purchase Agreement. You will meet this deadline if You send back the Product before the 14 day period has expired.

    You will have to pay for the costs of returning the Product which is estimated to be a maximum of approximately GBP 420.00 within UK. Instead of returning the Vehicle and/or Additional Products to Us, You can return the Product to the smart Agent who handed over the Product to You (for the avoidance of doubt: this serves as another option for returns).

    You are only liable for any decrease in value of the Product resulting from its handling other than what is reasonably necessary to establish the nature, characteristics and function of the Product.


Model cancellation form

(If You wish to cancel the Purchase Agreement, please complete and send back this form.)

  • To: smart UK Automotive Limited, The Pinnacle, Midsummer Boulevard, Milton Keynes MK9 1BP, United Kingdom
  • I/We () hereby give notice that I/We ()am/are cancelling from my/our (*) sales contract for the following goods.
    ()/for the provision of the following services (),
  • Ordered on ()/received on (),
  • Name of consumer(s),
  • Address of consumer(s),
  • Signature of consumer(s) (only if this form is printed out on paper),
    Date (*) Delete as appropriate

  1. Title and risk in the Products

    16.1. The Vehicle and/or Additional Products shall remain Our property until the claims to which We are entitled on the basis of the Purchase Agreement have been settled.

    16.2. If You are a Business Customer, the Vehicle and/or Additional Products shall also remain Our property until Our claims against You arising from the ongoing business relationship in connection with the purchase have been settled.

    16.3. At Your request, We shall waive the retention of title if You have incontestably settled all claims in connection with the Vehicle purchased and adequate security exists for the remaining claims arising from the ongoing business relationship.

    16.4. For the duration of the retention of title, We shall be entitled to the right of possession of the registration certificate.

    16.5. If You don't pay the agreed total purchase price and the price of additional services or don't pay in accordance with the Purchase Agreement, We may cancel the Purchase Agreement and/or, in the event of Your breach, claim damages from You instead of performance if We have unsuccessfully set You a reasonable deadline for performance, unless fixing a deadline is not required by law. If We can claim damages instead of performance and take back the Vehicle purchased, We shall refund You for the ordinary sales value of the Vehicle purchase at the time of taking the Vehicle back.

    At Your request to be expressed immediately after taking back the Vehicle purchased, a publicly appointed expert of Your choice will determine the normal sales value. You shall pay for the necessary costs of taking back and realizing the Vehicle purchased. The costs of realization shall amount to 5% of the usual sales value without any evidence. They shall be set higher or lower if We prove higher costs or You prove that lower costs or no costs at all were incurred.

    16.6. As long as there is retention of title, You cannot dispose of the Vehicle and/or Additional s nor contractually grant third parties a right to use the Vehicle and/or any Additional Products.

  1. Jurisdiction and Applicable Law, Assignment and Dispute Resolution

    17.1. If any provision of these GTC is held as invalid or unenforceable, this won't affect the validity and enforceability of any other part of these GTC.


    If You are a Business Customer the Parties agree to replace any invalid or unenforceable paragraphs with a paragraph that, as closely as possible, aligns with the commercial purpose of the invalid or unenforceable paragraph.

    17.2. Your rights and obligations under the Purchase Agreement can't be transferred unless We agree to this. However, You can transfer the smart Warranty to a new owner of Your Vehicle as set out in the Warranty Terms.

    17.3. These GTCs, the order and the Purchase Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the GTCs, the order and/or the Purchase Agreement or their subject matter or formation shall be governed by English law. The Parties agree that UN Convention on Contracts for the International Sale of Goods (CISG) and the associated conflict of law provisions won't apply to the contractual relationship between the Parties.

    17.4. If You are a Consumer, You can bring claims against Us in the English courts. If You live in Wales, Scotland or Northern Ireland, You can also bring claims against Us in the courts of the country You live in. We can claim against You in the courts of the country You live in.

    17.5. If You are a Business Customer, You agree that the courts in England shall have exclusion jurisdiction for all disputes arising from or in connection with the Purchase Agreement.

Last revised: 08/08/2023 V4.1.1

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