GTC

MOUGG AGB

Terms and conditions for consumer purchases

MOUGG GmbH
Last updated April 12. 2024

These Terms and Conditions of Consumer Purchase (the "Terms") apply to all consumer purchases of any model of MOUGG ("us" or "we") electric bicycles, electric tricycles and other electric vehicles offered by MOUGG (collectively, "E-Bike(s)") and/or related accessories or other products offered by MOUGG (together with E-Bikes, the "Products"). By purchasing Products from MOUGG, whether online or in our showroom, you agree to be bound by these Terms in their entirety.

1st application
These Terms apply to your purchase of the Products and use of the E-Bikes. Other interactions you may have with MOUGG are subject to other agreements, including the following:
 
Limited warranty conditions (www.mougg.bike/agb)
Terms of use (www.mougg.bike/download)
Privacy Policy (www.mougg.bike/datenschutz)


2. online orders, in-store orders for e-bikes
In the event that you purchase an E-Bike (i) via online order, (ii) in a MOUGG retail store (as opposed to a direct in-store purchase of an in-stock item), your order of Products is an offer to purchase. MOUGG will send you an email confirming receipt of your order. MOUGG has accepted your order upon shipment of the e-bike. We reserve the right to refuse or cancel your order or limit order quantities at any time, including after we have sent you a confirmation email, for any reason, including due to error or suspected fraud. We will refund any advance payments we may have received from you.
 
Special offers, discount codes and promotions
MOUGG reserves the right to impose restrictions on the combination, stacking and use of all MOUGG promotions conducted via the website, email, social media or any other channel in which MOUGG promotions are explained and/or distributed. MOUGG reserves the right to discontinue all promotions, codes and referral programs for sales and for all new product launches. Promotional codes (i) must be used at the time of purchase, (ii) cannot be used retroactively, (iii) cannot be accumulated, (iv) cannot be shared, etc. For a product that is returned and was ordered using a promotional code, the value of the discount code will be deducted from the refund value.

3. conditions/restrictions of the friend referral program
To qualify for a gift certificate, the referred person must (i) be a new customer, (ii) provide the referring person's name at the time of purchase, (iii) make a purchase on www.mougg.bike amount greater than the minimum amount specified in the referral offer, and (iv) they may not use any other active promotions or discounts on their purchase. Referring customers will receive a referral gift card after the referral has been confirmed and the referral credit has been approved by a customer service member. Customers may refer up to two (2) people per household. Referring customers can only earn one (1) referral credit per person referred. If a referred person returns a purchased product and the value of their lifetime order falls below the minimum purchase amount, the referral credit awarded to the referring customer will be canceled. Customers cannot refer someone who has an existing account at www.mougg.bike with a different email address.
Abuse of this offer, as determined by us in our sole discretion, may result in the revocation of (i) the referring customer's referral credit, (ii) the referred person's promotion code, and (iii) the ability of either party to participate in this or future promotions. A referral credit cannot be applied to previous purchases and is not redeemable for cash. This referral program may be modified or terminated at any time without notice at our sole discretion.

4. shipping
The shipping costs vary depending on the items purchased. Shipping costs are calculated at checkout. You can find more information about shipping costs on the shipping information page at https://mougg.bike/versand. Please note that freight orders for pallets may incur additional charges.
 
In-stock orders are usually shipped within two (2) business days. A shipping confirmation email will be sent to the email address attached to the order once the order has been shipped.

We use DHL or a specialized shipping company to ship your order (delivery free kerbside). We do not ship to PO boxes.

Orders for discounted products may take forty-eight (48) hours longer to process.

Changes you make to shipping after the item has shipped, such as, but not limited to, a change of address, placing an order on hold, or updating shipping settings/preferences, may delay receipt of products and replacement items and/or refunds.

We will pay the return shipping costs if: (a) the products are faulty or misdescribed, (b) we have notified you of an impending change to the product or these terms, an error in pricing or description, a delay in delivery due to events beyond our control, or because you have a legal right to do so due to something we have done wrong. In all other cases, you will be responsible for paying your own shipping costs to return the product. In addition, we may, at our sole discretion, organize the return shipment for you. Shipping costs are non-refundable. We recommend using a trackable shipping service and purchasing shipping insurance. We cannot guarantee that we will receive the product you wish to return.

MOUGG cannot provide any additional shipping data or documentation for any third party shipping outside of MOUGG's normal shipping process.
Orders placed through our online store (www.mougg.bike) with the MOUGG retail location's shipping address may be canceled if the retail location does not offer the "buy online and pick up in store" service. To purchase products in-store, please locate a MOUGG showroom near you.


5. property
All products ordered by you remain our property until we have delivered the products to the address specified in the order.
If we have not received full payment for the Products prior to delivery, the Products will remain our property until payment has been received in full. We reserve the right (without prejudice to applicable law) to prohibit you from using the Products and to enter your premises and repossess the Products (or instruct a third party to do so) if payment is not made when due or if the credit/debit card company refuses payment or requires us to reverse any payment made for the Products for any reason.

6. your right to cancel and return policy
Right to cancel for consumers. If you are a consumer (i.e. you are not purchasing the Product(s) in the course of your business, trade or profession), you have the right to cancel your order for the Products within thirty (30) days without giving any reason. The withdrawal period will expire after thirty (30) days from the day on which you or a third party other than the carrier and indicated by you takes possession of the product(s).
Ebike Returns. To return a non-defective or damaged e-Bike, you must contact MOUGG within thirty (30) days of receipt of the e-Bike. The e-Bike must be undamaged, free from wear, dirt, dust odor or other signs of use and be in the same condition in which you received the e-Bike, if collected by our partner the bike must be packed securely in our bike box for shipping.

Accessories and Replacement Parts If you purchase an accessory or receive a replacement part under the Limited Warranty, you may return it within thirty (30) days of receipt. Returned accessories or replacement parts must be unused, free from wear, dirt, dust, odor or other signs of use and must be sealed and unopened in the same packaging and condition in which you received them.
Items that cannot be returned. Used products and gift orders cannot be returned unless they are faulty.

Procedure

To exercise your right to cancel or return, you must:

inform us (using the contact details provided in Section 16 of these Terms and Conditions) that you wish to cancel or return;
take a photo of the item in its original packaging to send to our product support team;


Refunds
We will refund all payments we have received from you in relation to your order.
We may make a deduction from the refund for any loss in value of the products caused by you or incurred in returning them to MOUGG.
We will make such a refund using the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; you will not incur any fees as a result of such a refund. We may withhold the refund until we have received the Products back or until you have provided proof that you have returned the Products, whichever is the earliest.
For all items returned with an order where a code has been used, the full value of the discount code will be deducted from the refund value.
We will process the refund immediately and at the latest:
Thirty (30) days from the day we receive the products back from you, or
(if earlier) thirty (30) days from the date you provide proof that you have returned the Products to us; or
if no products have been delivered to you, fourteen (14) days from the day we are informed that you wish to cancel the order.
Download return form - Not obligatory

7. Repairs and spare parts
Customers may take their MOUGG E-Bikes to any bicycle repair shop of their choice for repairs. Before starting any repairs or replacement of parts, the customer must contact MOUGG by e-mail and obtain authorization to cover the costs incurred. MOUGG will provide the necessary replacement parts free of charge, subject to prior authorization. It is important that customers return the replaced old parts to MOUGG.

Customers who purchase replacement parts or materials without prior authorization from MOUGG are solely responsible for any costs incurred. MOUGG will not be responsible for the cost of replacement parts or repairs made without our prior authorization.

8. e-bike performance
Please note that the data regarding the expected range on a single charge for one of our e-bikes is an estimate and not a guarantee. There are many factors that contribute to the actual, real-world range of an e-bike battery, such as the age of the battery, temperature, assistance level, speed, payload and terrain. Under the appropriate conditions, it is possible to achieve less than the expected minimum range or more than the expected maximum range. Any changes, modifications or other alterations you make to an E-bike after purchase that affect the safety, operation or mechanics of the E-bike will void the limited warranty and are at your sole risk of damage.
MOUGG warrants that the products:
conform to the description of the products on the website (MOUGG reserves the right to use substitute parts, materials or equipment of equivalent quality and value that meet MOUGG's strict standards) and
are of satisfactory quality, free from defects in materials and workmanship and fit for their intended purpose.

9.Price
The price of the Products:
is the price that was quoted on the Order Pages when you placed your order;
is in EURO (€) (EUR);
includes VAT at the applicable rate for Products shipped within the European Union;
does not include VAT or customs duties for Products shipped to Norway, Iceland and Switzerland; and
does not include any costs for delivery of the Products (if you want delivery options and costs, visit the "Shipping" page on the Website).

10. payments
In accordance with the "Orders" section above, payments may be refused or refunded to you for any reason or no reason at MOUGG's sole discretion. If we accept a pre-order for a Product, your account, credit card or other means of payment will be charged upon authorization by MOUGG, regardless of when your purchase is expected to ship. If a credit card chargeback is made for any amount on an order, the applicable Limited Warranty for that order will be suspended until the chargeback is resolved.
Financing. For eligible purchasers, E-bikes may be financed through MOUGG's consumer financing partners. The necessary requirements for financing an E-bike purchase and your rights and obligations in connection with such purchase will be determined solely by the consumer financing partner. It is your responsibility to review and understand all terms and conditions associated with the financing of an E-Bike purchase, and you hereby acknowledge that MOUGG is in no way responsible for such financing.

11Liability
These Terms exclude our liability (if any) for:
Damage caused by MOUGG's willful misconduct or gross negligence.
Any matter in respect of which it would be unlawful for MOUGG to exclude or limit its liability (including any mandatory provisions under applicable law).
MOUGG shall not be liable for (i) consequential or indirect damages and/or (ii) loss of profits, revenue, business opportunity, loss of goodwill and/or loss of anticipated savings suffered by you.
You may have other rights granted by law and these Terms do not affect these.

We carry out a thorough inspection and test ride of each bike to guarantee its quality and performance before we send it to you. Once you have received your bike, you are obliged to check all bolts yourself. Please note that we cannot accept any responsibility for accidents resulting from a failure to check after receipt.

12. recognition and compensation
You acknowledge that there are inherent, expected and unexpected risks and dangers associated with the use of our e-bikes, whether intended or as a result of misuse. You understand that such risks may result in injury, death, illness or disease, physical or mental damage to you, your property, third parties and their property or MOUGG's property. You agree to indemnify and hold MOUGG and its directors, officers, employees, agents, shareholders, partners, suppliers and licensors harmless from any third party claim or demand, including reasonable attorneys' fees, related to or arising out of: (a) your purchase or use of Products; (b) your violation of these Terms; or (c) your violation of the rights of a third party or applicable law. MOUGG reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such event, you will fully cooperate with MOUGG in asserting any available defenses.

13. Assignment by MOUGG
MOUGG has the right to assign these Terms at its discretion without notice to you, so long as it does not affect our performance of the Contract.

14. Changes
We may need to change these Terms from time to time, for example because of a change in the law. A copy of the latest version of the Terms can be found on our website.

15. Survival and Severability
If any part or provision of these Terms is held to be invalid, unenforceable or inconsistent with applicable law, that part or provision will be ineffective to the extent that the prohibition or unenforceability does not render the remaining provisions of these Terms ineffective. Terms which by their nature are intended to survive termination or expiration shall survive termination or expiration.

16. Privacy
Your personal data is important to us and is subject to various legal requirements. Please read our Privacy Policy(https://mougg.bike/pages/datenschutz), which sets out how we collect and handle your personal data.

17. Complaints and contact details
If you have any questions or complaints about the products, you can contact MOUGG at:
Post: MOUGG GmbH, Karl-Friedrich-Benz-Str. 2 in 79395 Neuenburg am Rhein Germany
Email: [email protected]

18. Governing Law and Dispute Resolution
These Terms and any dispute between you and MOUGG shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflict of law provisions, unless you reside in the EU or the United Kingdom. In that case, the statutory consumer protection rules in your country of residence contain provisions which may not be derogated from and which are more favorable to you. In this case, these provisions may apply. The Vienna Convention on Contracts for the International Sale of Goods of 1980 (CISG) does not apply.
Disputes can be submitted for online dispute resolution to the European Commission's online dispute resolution platform: https://ec.europa.eu/odr/
You can initiate legal proceedings in relation to these terms and conditions before a competent Dutch court. If you are a consumer and resident in the European Union, you may also bring legal proceedings in relation to the Terms before the competent court in your country of residence. If you are a resident of the European Union, we can only bring legal proceedings against you in your country of residence, unless you are acting as a business, in which case you submit to the exclusive jurisdiction of the Dutch courts.