Your pre-order of Eva (hereinafter referred to as “the Product”) from Vayve Mobility Pvt. Ltd. (“Company,” “We,” or “Us”) is subject to this Pre-Order Agreement (“Agreement”). Each of you and Company is referred to as a “Party”, and together – as the “Parties”.
By pre-ordering the Product, you are unequivocally agreeing to this Agreement, which binds you to the terms mentioned herein. Do not pre-order the Product if you do not accept this Agreement. The term “You” means both the individual placing the pre-order and the entity on whose behalf such individual is acting, if any.
The Company reserves the right to fulfill its obligations according to this Agreement through any subsidiary, parent or otherwise affiliated company, without notice to you.
The Company is accepting pre-orders for the Product from January 1, 2025 until March 31, 2025 (“the Pre-order Campaign”). Pre-ordering a Product means that you will pay a pre-decided amount (as mentioned on the website of the Company) for the Product at the time that you place the pre-order, but you acknowledge and agree that the Product will be delivered at a later date (estimated to be on or after July 2026). By pre-ordering the Product you merely become eligible to buy the Product from the Company when the Product is offered to you for sale by the Company. You acknowledge and accept that the Company only takes a part payment at the time of pre-order from you and the delivery of the Product shall only be made post full payment is received to it on intimation to you from the Company.
Once pre-order is completed by you, you shall receive an email intimation of the same along with relevant details. Please note that the pre-order is not transferable and shall be marked only to the person who had originally made the pre-order. In the event, the person becomes incapable to complete the Final Payment (defined below) as and when called upon by the Company, due to death, insanity, being declared or associated with enemy of the state, etc. the Company shall, at its sole discretion, determine the manner in which such pre-order is to be resolved.
You hereby agree to pay the part price for the Product you are pre-ordering in such manners as which are authorised by the Company on its website (“Pre-Order Payment”). The moment of the pre-order is the moment of transfer of the Pre-Order Payment to the Company in the manner authorised on its website.
The mentioned Pre-Order Payment is indicated without taking into account any taxes or fees, that shall be paid (if any). You are solely responsible for payment of all fees and taxes associated with the pre-order and purchase of the Product hereunder.
You hereby completely agree and understand that the Pre-Order Payment made by you for completing the pre-order is merely an earnest amount paid to the Company, and does not mean that the Product is fully paid up. The Pre-Order Payment made by you shall be deducted from the actual price of the Product before you are required to make the balance payment for the Product (“Final Payment”).
You hereby also completely understand and agree that the Company may (at its sole discretion), as and when required, also call upon you to make any additional payments or Final Payment to maintain the active status on your pre-order. If any of these calls by the Company are not adhered by you within 3 months from the day such call made by the Company to you, then the Company shall be entitled to cancel your pre-order.
The actual price of the Product shall be released by the Company around the time of commercial launch of the Product and such price shall be at the sole discretion of the Company, and may also be subject to revisions as per the decision of the Company, without any notice to you.
Any other charges as may be applicable as per actuals, which may include but not limited to delivery charges, customization charges, applicable taxes, etc.
The Pre-Order Payment shall not carry any interest
By submitting a pre-order for the Product, you are making an offer to purchase the Product. Payment will be processed upon pre-order submission in the manner provided hereby at the time of submission. Payment does not guarantee acceptance of a pre-order.
You must be at least 18 years of age to submit a pre-order. By agreeing to this Agreement, you represent and warrant to the Company that you meet the foregoing requirements. If you are pre-ordering the Product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this Agreement and you agree to be bound hereby on behalf of that organization.
When submitting a pre-order, you will be required to provide certain personal information as it is described in Privacy Policy, which is present on the Company’s website. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. The Company shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information.
Currently, the Company is accepting pre-orders only through its website. You hereby understand that any other platform that may be used by any person for placing pre-orders shall be entirely at such person’s risk and consequences. And the Company shall not recognize such orders made through such platforms.
You understand and agree that the Company does not promise / guarantee any specific designs, features, functionality, benefits, etc. in the Product. The features, designs, functionality, etc. shown on the website of the Company are purely indicative in nature and shall in no manner be binding in nature on the Company. Also, the name of the Product as mentioned above is merely indicative, the Company reserves the right to change the name of the Product without any notice to you. You are hereby encouraged to visit the Company’s website to apprise yourself of the updates regarding the Product or any other products / services that the Company offers.
As a part of the Pre-Ordering Campaign, the Company shall provide the following complimentary benefits to customers with successful pre-order.
There shall be no additional charges for the benefits apart from the Final Payment, only for the then successful Pre-Order Customers.
There shall be no additional charges for the benefits apart from the Final Payment, only for the then successful Pre-Order Customers.
All Customers who have Pre-Ordered the Product shall receive a complimentary warranty on the Battery of the Product which shall be valid till the expiry of 8 years from the date of the delivery of the Product to the Pre-Order Customer or till an upper cap of Kilometers of the Product, whichever is earlier.
The upper cap on Kilometers shall be dependent on the variant of the Product and such details shall be communicated to you at the time of Final Payment by you.
Detailed terms and conditions pertaining to the abovementioned warranty which shall be applicable to you shall be comprised in the warranty document provided to you at the time of delivery of the Product to you.
All Customers who have Pre-Ordered the Product shall receive a complimentary IoT connectivity subscription along with the Product which shall be valid till the expiry of 3 years from the date of delivery of the Product to you.
The network provider of the IoT connectivity service shall be at the discretion of the Company. The data usage of such complementary IoT connectivity service shall be capped at 1 GB per month.
Detailed terms and conditions pertaining to the abovementioned connectivity service which shall be applicable to you shall be comprised in the service manuals provided to you at the time of delivery of the Product to you.
Pre-orders are subject to the Company’s acceptance, as provided above. Pre-orders may be rejected by the Company at its sole discretion at any time and for any reason. If the Company rejects your pre-order, it will, as your sole and exclusive remedy and the Company’s sole and exclusive liability, refund the Pre-Order Payment you paid for the pre-order.
You may cancel your Pre-order at any time. On you cancelling the Pre-order, the refund of the Pre-Order Payment shall be processed by the Company in your original payment method.
For initiating refund procedure on cancellation of your pre-order you shall be required to communicate such refund request to the Company via e-mail to queries@evayve.com. You shall mention the following details in the request email: a) Pre-Order serial number; and b) transaction ID of the Pre-Order Payment. Please note that you will have to send the request e-mail from such e-mail ID which you had provided at the time of making the pre-order. The Company shall strive to complete the refund within 15 to 30 days (once all details from the Customer are received). Any issues such as bank’s downtime, PG / PA downtime, PSO’s downtime, etc. shall not be the responsibility of the Company.
You irrevocably understand that if you cancel your pre-order, it cannot be reinstated or reactivated. However, you can place a new pre-order if the pre-order campaign is still active after your cancellation. Also, the availability and pricing may vary for new pre-orders.
Product being pre-ordered is not currently available for delivery. Although we will make efforts to begin delivering Product as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and the Company does not represent or warrant that it will be able to deliver the Product by the estimated date. As a result, in the event that a delay arises and the estimated release of the product is not met, the Company is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth herein, to provide any discounts or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule on our website you are encouraged to visit the Company’s website often to keep yourself abreast of all relevant details regarding your pre-order.
The Company and its licensors own all intellectual property rights in the Product. You shall acquire no interest or rights in the Company’s intellectual property other than merely the right to purchase the Product by virtue of this Agreement.
To the extent permitted by law, in no event will the Company be liable for any collateral, consequential, indirect, punitive, special, exemplary or incidental damages arising out of or related to this Agreement , even if the Company shall have been advised of such potential damages.
To the extent permitted under law, in no event shall the Company’s liability for damages arising in connection with any product exceed the price of Pre-Order paid by you. These limitations will apply whether the liability arises in contract, tort (including negligence), strict liability, under statute or otherwise.
Neither party shall be liable, for damages nor any other consequences, if the party’s obligations according to this Agreement, other than the obligation to pay money, are inhibited or delayed by circumstances that the party cannot reasonably control or foresee, including but not limited to, any conflict in the workforce; natural phenomena such as lightning, earthquakes, floods etc.; fire; war; decisions and decrees made by governments or authorities; accidents; strikes or shortages of transportation facilities, fuel, energy, labor or materials; or similar circumstances.
This Agreement represents the entire agreement governing the Company’s Product supply relationship with you. This Agreement incorporates the Company’s Privacy Policy. Any prior discussions and agreements between you and the Company and any general purchase conditions or other document issued by you relating to the purchase of the Company’s products will not apply, unless the Company expressly agrees otherwise in writing signed by an authorized representative of the Company. You may not assign or transfer this Agreement to any third party.
Binding Arbitration. Both Parties hereby waive their respective rights to have any and all disputes arising from or related to this Agreement resolved in any other manner except arbitration.
Dispute Resolution. Each Party will notify the other Party in writing of any Dispute within thirty (30) days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to Company shall be sent by e-mail to Company at legal@evayve.com. Notice to you shall be sent by email to the email address, you have provided while submitting the pre-order. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and Company cannot agree how to resolve the Dispute within sixty (60) days after the date notice is received by the applicable Party, then either you or Company may, as appropriate and in accordance with this Section, commence an arbitration proceeding.
Any seat / place / venue of the arbitration shall be in Pune, India and the language of Arbitration will be English. Arbitration will be conducted confidentially by a single arbitrator in accordance with the Arbitration laws of India, which are hereby incorporated by reference.
The Company reserves the right to change any of the terms of this Agreement for any or no reason. We will provide notice of any material changes by posting an announcement on the Company website.
Confidentiality: You shall treat the content of this Agreement as confidential.
Waiver: No waiver of any breach of this Agreement will be deemed to constitute a waiver of any subsequent breach of the same or any other provision.
Severability: If any provision of this Agreement is declared or found to be illegal, unenforceable or void, then all parties will be relieved of all obligations arising under such provision, but only to the extent that such provision is illegal, unenforceable or void, it being the intent and agreement of the parties that this Agreement will be deemed amended by modifying the provision to the minimum extent necessary to make it legal and enforceable while preserving its intent or, if that is not possible, by substituting therefore another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement will not be affected by the declaration or finding and is capable of substantial performance, then each provision not so affected will be enforced to the extent permitted by law.
Interpretation: Headings used in this Agreement are for convenience only and will not be deemed to be operative text. Terms of gender will be deemed interchangeable, as will singular and plural terms, in each case unless the context otherwise requires. All monetary amounts used herein will be deemed to refer to current rupees, unless the context otherwise requires.