Terms and conditions
1. INTRODUCTION
1.1 These general terms and conditions for reservation of Ripple Boats Launch Edition (these “Terms”) shall apply between Ripple Boats AS, Reg. No. 929 494 008, a limited liability company incorporated under the laws of Norway (“Ripple Boats”), and any customer (a “Customer”) when the Customer participates in Ripple’s program for reserving the opportunity to order Ripple Boats Launch Edition (the “Program”) when the Ripple Boats Launch Edition (the “Boat”) is available for order.
1.2 Unless otherwise stated under these Terms, these Terms shall apply irrespective of whether the Customer is a consumer, i.e., a natural person who is acting for purposes outside its trade, business, craft or profession (a “Consumer”) or a natural person or legal entity, irrespective of whether privately or publicly owned, who is acting for purposes relating to its trade, business, craft or profession (a “Trader”).
1.3 These Terms shall in no event be construed as to exclude and/or limit Ripple Boats’ liability that cannot be limited and/or excluded under mandatory consumer protection laws and in the event of a conflict between these Terms and such applicable mandatory consumer protection laws, the mandatory consumer protection laws shall always prevail.
2. THE PROGRAM
2.1 Participation in the Program gives the Customer the opportunity to place an order for the Boat when it is available for order from Ripple Boats. The internal priority among Customers will be determined by the Customer’s respective enrolment date in the Program. The enrolment date which is the date the customer received a reservation confirmation by e-mail in accordance with Section 2.3..
2.2 Customers must be 18 years old and accept these Terms to enrol in the Program. In this respect, the Customer explicitly confirms to Ripple Boats that the Customer is authorized to enrol in the Program. If the Customer is a Trader the Customer explicitly confirms to Ripple Boats that the relevant person that enrols in the Program is authorized to represent the Trader and enrol in the Program for the Trader’s account.
2.3 Enrolment in the Program is subject to the payment of the Reservation Fee (see Section 3). Following the Customer’s payment of the Reservation Fee, Ripple Boats will send the Customer a reservation confirmation by e-mail which includes all relevant information regarding the reservation and the Program, including but not limited to these Terms. Ripple Boats encourages the Customer to save the reservation confirmation for any future contacts with Ripple Boats regarding the reservation.
2.4 Ripple Boats reserves the right to decline new enrolments to the Program at its reasonable discretion. Ripple Boats shall also be entitled to immediately revoke a Customer’s enrolment in the Program in the event the Customer has breached its obligations under these Terms. In the event Ripple Boats has declined or revoked a Customer’s enrolment in the Program, the Customer will be notified thereof in writing and the Reservation Fee already paid to Ripple Boats by the Customer will be refunded to the Customer applying the principles set out in Section 5.3 below.
3. RESERVATION FEE
3.1 Participation in the Program requires the Customer to pay a reservation fee of EUR 1,000 (including VAT, where applicable) (the “Reservation Fee”). The payment of the Reservation Fee will be made via the external service provider Nets and the Customer will have the option to choose from different payment methods for the payment of the Reservation Fee. The payment of the Reservation Fee is subject to Nets’ terms and conditions (which are found here).
3.2 For the avoidance of doubt, the Reservation Fee is not a deposit and/or partial prepayment of the Boat. The Reservation Fee will be refunded in accordance with section 4.1 and 5.3 below.
4. ORDER OF THE BOAT
4.1 When the Boat is available for sale from Ripple Boats, the Customer will be contacted by Ripple Boats and the Customer will be given the option to purchase the Boat. The purchase of the Boat will be subject to separate terms and conditions under a separate purchase agreement between Ripple Boats and the Customer (the “Purchase Agreement”). If the Customer would choose not to place an order for the Boat, Ripple Boats will refund the Reservation Fee to the Customer by applying the principles under Section 5.3 below.
4.2 For the avoidance of doubt, these Terms do not constitute the Purchase Agreement, neither whole nor in part. Participation in the Program does not constitute a purchase of the Boat or create any rights or obligations for Ripple Boats or the Customer with respect to a potential purchase of the Boat whatsoever, including but not limited to delivery of the Boat, the price, the date of delivery, warranties, specifications, and/or any other contractual terms and conditions with respect to the purchase of the Boat.
5. RIGHT OF WITHDRAWAL
5.1 The Customer may withdraw from the Program at any time and receive a full refund of the Reservation Fee up until the Customer has entered into the Purchase Agreement (the “Right of Withdrawal”).
5.2 To exercise the Right of Withdrawal, the Customer shall inform Ripple Boats thereof in writing, using the contact information set out in Section 12. The Customer may also use the model withdrawal form provided by the Norwegian Consumer Agency. The completed form shall be sent to Ripple Boats’ address set out under Section 12. For the avoidance of doubt, it is not obligatory to use the model withdrawal form provided by the Norwegian Consumer Agency when exercising the Right of Withdrawal under these Terms.
5.3 When the Customer has exercised its Right of Withdrawal, the Reservation Fee will be fully refunded to the Customer no later than 14 days from the date of Ripple Boats’ receipt of the Customer’s request to exercise the Right of Withdrawal. The Reservation Fee will be refunded by using the same means of payment that the Customer has used to make the Reservation Fee. Ripple Boats will not accept a request from the Customer to refund the Reservation Fee to a third party. The Customer is not entitled to interest on the Reservation Fee paid to Ripple Boats.
6. LIABILITY
6.1 Subject to Section 1.3 above, the total liability under these Terms for Ripple Boats shall be limited to the Reservation Fee paid by the Customer.
6.2 Subject to Section 1.3 above, in no event, whether as a result of a breach of contract or warranty or background law, or under any legal theory or on other legal basis, shall any party be liable for any incidental, consequential, punitive, exemplary, special, or indirect damages or losses whatsoever including, but not limited to, loss of profit, savings, revenue, interest or investments, loss of goodwill, cost of capital, cost of substitute equipment, facilities or services, downtime costs, or claims of third parties.
7. PERSONAL DATA
7.1 When enrolling in the Program, Customers are required to provide certain personal data about themselves, such as name, address, and e-mail. Ripple Boats will process the Customer’s personal data as a controller and in accordance with the EU General Data Protection Regulation (2016/679) and applicable supplemental national data protection laws.
7.2 Further information on how Ripple Boats processes personal data for the purpose of these Terms and the Customer’s rights with regard to this processing is set out in Ripple Boats’ Privacy Policy (found here).
8. TERMS
8.1 These Terms shall apply between the parties up until
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the Customer withdraws from the Program pursuant to Section 5, or
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Ripple Boats and the Customer has entered into a Purchase Agreement pursuant to Section 4, or
Ripple Boats has revoked the Customer’s participation in the Program pursuant to Section 2.4 due to the Customer’s breach of these Terms.
9. FORCE MAJEURE
9.1 Ripple Boats and the Customer shall be excused from the obligations under these Terms, without any liability whatsoever, to the extent that performance of any such obligations are delayed or prevented by any circumstances reasonably beyond the party's control, including, but not limited to, authority intervention and/or omission, new or amended legislation, labour difficulties, embargoes, fire, flood, pandemic (including, for the avoidance of doubt, COVID-19, i.e. the SARS-Cov-2, as well as other current and future mutations thereof), unavailability of means of transport, goods or energy or any accident of greater extent.
10. SEVERABILITY
10.1 If any provision of these Terms or the application of it shall be declared or deemed void, invalid or unenforceable in whole or in part for any reason, the remaining provisions of these Terms shall continue in full force and effect and apply between the parties.
11. NO ASSIGNMENT
11.1 The Customer may not transfer or assign any benefits, entitlements or rights created under these Terms to any third party, without the prior written consent of an authorized representative of Ripple Boats.
12. CONTACT DETAILS
12.1 Contact Details:
Ripple Boats AS
Reg. No. 929 494 008
Hovfaret 13,
02 75 Oslo, Norway
E-mail address: post@rippleboats.com
13. APPLICABLE LAW AND DISPUTED
13.1 These Terms shall be governed by and construed in accordance with Norwegian law.
13.2 Any dispute arising out of or in connection with these Terms shall be settled amicably. In the event that an amicable settlement cannot be reached, each party may require the dispute settled by the Norwegian courts with Oslo District Court (No: Oslo tingrett) as the agreed venue.