Terms of Sale
Terms of sales described below govern responsibility, liability and contractual relations between the company Rotobox d.o.o., Production of parts for motor vehicles, Cesta Leona Dobrotinska 8, 3230 Sentjur, Slovenia, tax number SI55233546 (»Rotobox«) as the owner of this website, producer and seller of Rotobox products, and the visitor of this website, buyer and user of Rotobox products (»Customer«).
1. FITMENT IS CUSTOMER'S RESPONSIBILITY
On our social media channels, in our galleries and out on the road you may see Rotobox customers whose fitments are beyond "stock". While Rotobox strongly encourages you to select your vehicle (year/brand/model/submodel) to ensure proper fitment, we know there are some of you who know exactly what they want. For those of you that do, Rotobox offers the ability to select the exact desired fitment. With your acknowledgement, we will fulfill the order as you have placed it with the assumption you will make the appropriate modifications to ensure proper fitment.
IMPORTANT: It is your responsibility to determine if the wheels you purchase fit your vehicle. Failure to use proper fitment may cause the wheel to loosen and fall off the vehicle, resulting in serious injury or death. If you have questions or do not know the proper fitment of your vehicle, please contact Rotobox support, so we can recommend the best options.
2. PRODUCTS AND PRICING
All Products or services listed on the website are subject to change, as is Product information, pricing, and availability. We reserve the right, at any time, to modify, suspend, or discontinue any website feature or the sale of any Product with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any website feature or Product. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order as described in section 4, to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card account or paypal account charged. If your credit card or paypal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or paypal account in the amount of the charge.
Prices displayed on the website are net prices, excluded from any taxes, customs duties and transport costs. Rotobox reserves the right to modify its prices at anytime, in accordance with the sales terms and conditions and of the laws in use.
Products sold by Rotobox will be invoiced in Euros, VAT included if applicable, in the amount determined at the time of the order confirmation. Products will be invoiced VAT included, in case products are sold:
- to an individual in Slovenia and other members of EU countries,
- to an individual, not resident of EU, with delivery in Slovenia.
Products that are purchased from outside of EU and shipped to a country outside of EU, will be invoiced without VAT.
Unless otherwise noted, the price displayed for products on our website is based on the suggested retail price for the product. Certain products on our site are similar - but not identical - to products sold through other dealers. Because we sell our products over the internet worldwide, the price may or may not represent the prevailing price at any particular time or in every country, and we make no promises about the reliability or accuracy of any such information. Nothing can replace your own comparison shopping, and notwithstanding the price information provided, if this is an important factor for you in your purchasing decision, we recommend you conduct your own individual research as well.
3. PAYMENT TERMS
For each Product you order on the website, you agree to pay the price applicable for the Product as of the time you submitted your order, the shipping cost for the delivery service you select, and any applicable taxes as defined below. Rotobox will automatically bill your credit card account or paypal account submitted as part of the order process for such amounts, and you hereby authorize us to do so. You will be solely responsible for payment of all taxes, fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase not withheld by Rotobox. All payments are non-refundable, except as expressly set forth in section 2 and 4.
Rotobox does not produce or sell products without prior payment for the ordered products. Except when specific written agreement between customer and Rotobox, the payment term is a prepayment at order. All Invoices are considered paid when funds received. Rotobox accepts the following payment methods:
- Credit Card payment
- Paypal payment send to: email@example.com
- Bank wire payment remittance to: IBAN: SI56 0400 0027 7428 089, SWIFT: KBMASI2X, Bank Name and Address: NOVA KBM d.d., Ulica Vita Kraigherja 4, 2000 Maribor, Slovenia.
All invoices shall be paid without deduction for Rotobox, including any bank transfer fees or credit card fees or paypal fees.
Customer shall provide written order for products to Rotobox by mail, email or sending COMPLETE ORDER form from the website. As soon as order is received Rotobox shall provide to customer a Proforma Invoice in case customer opted for bank wire payment, and order confirmation after payment receipt, including delivery time and delivery term in accordance to trade clauses of Incoterms. Rotobox commits to produce and deliver the ordered products within the delivery time as stated. Delivery time starts from the date of receipt of payment for the ordered products.
Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order, in whole or in part, for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped or a portion of the order is shipped. Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card /paypal /bank account in the amount charged for the cancelled portion, if your credit card /paypal /bank account has already been charged for the order, or (b) not charge your credit card /paypal /bank account for the cancelled portion of the order.
5. PRODUCT AVAILABILITY
Customers are advised to ask Rotobox for products availability at the moment of the quotation or at the moment of the order confirmation. If product is not available in stock, it will be made as per order procedure and shipped at the time of completion.
Customers have the possibility to cancel their order in case products are delivered more than 8 weeks later than the agreed delivery time. Delivery time shall be extended in cases of force majeure or occurrence of unforeseen obstacles such as natural disaster, flood, fire and loss in production for other reasons, such as unsupplied raw materials, problems with transportation, etc. Rotobox shall immediately inform the customer about these circumstances and about extended delivery time for the duration of these obstacles.
6. SHIPPING POLICY
Any delivery dates provided by Rotobox are estimates. Rotobox reserves the right to make deliveries in installments. Rotobox will send you an email when your order has shipped and you may review your order and shipping information on your Rotobox account page. We ship orders of end customers free of charge worldwide.
Unless when customer provides specific written instructions, Rotobox selects the method of delivery. We use either UPS or DHL courier services. International shipments are excluding all taxes and customs duties, as these will be applied by customs office in the country of destination and are borne by Customer. Delivery of the products is made at the recipient’s risk and danger. Shipping insurance can be provided upon request and at the customer’s expenses.
When products are delivered, you have to verify that the packaging is in good conditions and should state any reservations to the courier according to the schedule set forth by law.
Delivery and acceptance of the products is carried out in accordance to trade clauses of Incoterms 2010 which also applies for the transition of responsibility and risk of accidental destruction and damage to products. Customers are requested to provide evidence of the lack of the products ordered immediately of the time of receipt of goods. Rotobox commits to do its best to respect the delivery schedule but it will not be held responsible, in any case, for delivery delays or for any damage caused by this.
7. RETURN POLICY
If products have any faults or do not match the shipping invoice, the customer will have to inform Rotobox, describing the fault which has been found. This procedure has to be done immediately upon product delivered and before installing or using the product, and maximum upon 30 days from the date of delivery. A copy of the invoice will have to be imperatively attached to the customer’s complaint. No complaint will be accepted unless all conditions above are respected.
Products can be returned to Rotobox only after a review of claim and confirmation, validated by Rotobox. Shipping costs for sending products back are paid by the customer. Products returned back to Rotobox will have to be in perfect conditions, packed with care in the original box. Accessories have to be sent as well, no modification can be done to serial numbers, stickers or prints and brands have to be undamaged, so that Rotobox will be able to correct, repair or resell the products. Products have to be sent back to Rotobox to the address: ROTOBOX D.O.O., Cesta Leona Dobrotinska 8, 3230 Sentjur, Slovenia. If the customer should send products without Rotobox approval or if products should not be sent according to the conditions above, Rotobox has the right not to accept them: products will be then sent back to the sender, at his own expenses.
Rotobox will give you a refund for a returned product, in case all the requirements above are met. Rotobox shall at its sole discretion offer a refund, discount or credit.
8. WARRANTY POLICY
To the fullest extent recognized by the laws of Slovenia where the product was purchased, Rotobox issues this limited warranty to define the rights of the purchaser, and limit Rotobox liability, with regard to warranty claims. See Directive 1999/44/CE about exact features of sales and goods warranties in EU.
Except as specifically set forth below, Rotobox warrants that wheels will be free from defects in material and workmanship under normal and intended use for a period of two years from retail purchase.
To initiate a warranty claim, the purchaser shall return the wheel for visual inspection to Rotobox or any of Rotobox dealers; along with a copy of the original sales receipt. In case Rotobox determine that the wheel has failed to perform as expected under this warranty, the wheel will be repaired or replaced at the sole and absolute discretion. Such repair or replacement shall not include the cost of removal, shipping, installation or reinstallation of the wheel.
Warranty will not be applied for repair damages brought about by external causes such as accidents or by a mistake made by the customer such as an installation which does not comply with the product’s specifications or an installation that could be dangerous for it. If there is a need for a repair service and products are not covered or passed the coverage by warranty, Rotobox will provide a quotation for the repair service. Customers are required to send products that are the subject of a warranty claim to Rotobox for inspection. Upon receipt, Rotobox will evaluate whether the product is covered by warranty. If determined to be defective, Rotobox will repair or replace the product free of charge.
This warranty is not applicable if:
- damage occurred due to failure to follow the install instructions provided in the Rotobox user manual, supplied with the wheel;
- damage occurred due to abnormal and non-standard use of the products;
- damage occurred due to improper maintenance;
- damage occurred due to unauthorized repairing;
- damage or structural failure occurs as a result of an accident or road conditions;
- damage or structural failure occurs as a result of improper use of the vehicle including, but not limited to, on and off-road racing;
- damage occurred due to force majeure.
This limited warranty is the sole express warranty given and is in lieu of all other warranties, express or implied, whether oral or written. All implied warranties, including, without limitation, warranties of merchantability or fitness for a particular purpose, are hereby disclaimed.
The life span of the carbon fiber wheels is limited due to the various uses in practice. Since we cannot know in what way our wheels are used globally, we can determine the life span based on our experiences. As a reference case, we took the most extreme case – intense racing, where temperature fluctuations, exposure to UV radiation and dynamic loads are the most intense. When determining the life span, we also step on the safe side. Considering all these factors, Rotobox wheels life span is 6 years.
Customers are specifically directed to follow the user, installation and maintenance guidelines, supplied with the wheel. Failure to comply with the provided instructions shall void this warranty.
Rotobox products are not designed to be used with any accessories or adapters other than those supplied and/or approved in writing by Rotobox. Use of any accessory or adapter not manufactured by Rotobox voids this warranty.
This warranty expires upon transfer of title of any products by the original retail purchaser.
9. CRASH REPLACEMENT POLICY
This warranty as described above is not meant to suggest that Rotobox product is incapable of being broken or that it will last forever. Rather, the product's lifespan depends on several factors, such as riding conditions and the care that the product receives. Competition, downhill racing, stunt riding, riding in severe conditions or climates, and riding with heavy loads obviously puts stress on a motorcycle and its parts and can consequently, abbreviate the product's lifespan. Should your Rotobox product fail as a result of these activities, it will not be covered by warranty.
Rotobox understands that crashes can happen and replacement of damaged products can be costly. As a result Rotobox will attempt to ease the pain by offering you a replacement product for 30% below Rotobox's current retail price. Rotobox will make the final decision on whether the part will be covered under the crash replacement policy.
If you wish to make a claim under the crash replacement program, please contact Rotobox Support and you will be assigned a Return authorization number. By receiving the authorization from Rotobox you will be able to send the crashed product to Rotobox (postage prepaid), including a note with your name, your contact information, your email address, and an original invoice for the product with a clearly legible purchase date. Communication will be between you and Rotobox. All claims must be assessed by Rotobox, as dealers are not authorized to replace Rotobox products. Rotobox does not offer refunds.
10. LIMITED WARRANTY AND LIABILITY
Upon confirming the purchase order to Rotobox, customers implicitly accept that directors, managers, employers and all Rotobox staff have no responsibility for any damage derived from the use of the purchased products. Customers accept that this responsibility exemption is complete and is applied to any kind of damage, including direct damages with no limitation, indirect damages, compensative, special, accidental, mortal and consequential damages.
Rotobox will not in any case be held responsible for any kind of loss, damage, direct or indirect, for whatever the cause might be.
Customers will not claim to benefit from a discount if invoices will correspond to an incomplete delivery or if products should be flawed.
IN NO EVENT, SHALL ROTOBOX BE RESPONSIBLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, OR ECONOMIC LOSSES, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER THEORY.
Rotobox provides its customers with information available on the website without any expressed guarantee, implicit or explicit, about the suitability or relevance of the information about the motorcycle brand or model.
Rotobox notates that no modifications should be applied to one’s motorcycle unless a qualified mechanic had previously checked and approved such modified motorcycle, stating that it is safe and conform to technical regulation and that it meets the laws of the country where it is homologated. This should happen before putting the vehicle on public streets.
Information contained on the website is correct but the author and the editor do not provide any guarantee, explicit or implicit that such information is free from mistakes nor that such information satisfies individual needs of the products use.
Customers are warned that assembling motorcycle components is a professional intervention and it should be done in a mechanical shop or equivalent place, having the motorcycle’s service handbook, necessary tools, indispensable technical skills, and the help of motorcycle mechanic.
11. MODIFICATION OF VEHICLES
If a customer decides to ride a special motorcycle, modified motorcycle or if modifications are predicted, Rotobox advises the following:
Some countries allow modified vehicles to go on public streets; in other countries this could be illegal but it could also be legalized after the owner sets the vehicle in conformity with local regulations; regulations vary from country to country. The owner of the vehicle has the responsibility to make sure about the correspondence to regulations and to make sure about the acceptability of the modifications set on the vehicle, in accordance with laws in force in that county.
As a consequence, before riding a modified motorcycle on public streets the owner will have the responsibility to present the motorcycle to a homologation control at the Department of Transportation or to an equivalent organization; after that the motorcycle could be homologated as a “special vehicle”.
12. ACCOUNT CREATION
In order to use certain features of the website and to purchase products and services from the website, you have the ability to register an account with Rotobox and provide certain information about yourself as prompted by the website registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the website does not violate any applicable law or regulation or the terms of this agreement. You may de-activate your Rotobox account at any time, for any reason, by contacting Rotobox support to do so. Rotobox may suspend or terminate your account. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these terms and enter into the agreement on its behalf.
13. ACCOUNT RESPONSIBILITIES
You are responsible for maintaining the confidentiality of your Rotobox account login information. You are fully responsible for all activities that are associated with your Rotobox account, including but not limited to any purchases, use of the website, or correspondence from your account to Rotobox. You agree to immediately notify Rotobox of any unauthorized use or suspected unauthorized use of your Rotobox account or any other breach of security. When you provide Rotobox with such notice, Rotobox will suspend or otherwise secure your account to prevent future unauthorized activity.
You or Rotobox may terminate the agreement at any time and for any reason by terminating your Rotobox account or giving notice to the other party. We may suspend the service to you at any time, with or without cause. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the service, is and will remain complete and accurate. We may contact you, or any seat, authorized user, or login added to your account, based on the information provided in your account.
Customers will not behave as that they act on behalf of Rotobox because this would imply infringement with Rotobox authorization. “Rotobox dealer”, “Rotobox seller”, “Rotobox store” and similar terms will have to be used without giving the impression that Rotobox has any interest or responsibility in the customer’s business management. Rotobox brand will not be used without a preliminary written agreement made by Rotobox. If a customer should want to advertise products, customer shall ask Rotobox to obtain such permission. Rotobox owns all proprietary rights, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights, and you may only use our brand assets according to our brand guidelines.
You may provide or we may ask you to provide suggestions, comments, input or other feedback regarding the products. If you provide us with any feedback, then you grant us a royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the feedback as we see fit. Any feedback you choose to provide is given entirely voluntarily.
Rotobox doesn’t allow accounts that promote or incite harm toward others or that promote discriminatory, hateful, or harassing content in advertising. To this end, Rotobox may suspend or terminate your account if we determine, in our sole discretion, that you provide either of the following:
- A threat of physical harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
- Hateful content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
Rotobox also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
- an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor hateful content or a threat of physical harm;
- a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as hateful content or a threat of physical harm; or
- a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent hateful content or a threat of physical harm.
If you violate any of these rules, then we may issue a warning to, suspend, or terminate your account. If you think anyone is violating any of these terms, please notify us immediately. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us via the contact information. You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this section. Rotobox will not hesitate to engage appropriate juridical sites, and will ask the court for compensations for material and moral damages suffered.
15. INTELLECTUAL PROPERTY
The content of the website, including but not limited to the text, graphics, images, photographs, files, video, sound, animation or other, is property of Rotobox, and are subject to protection under copyright, industrial property and/ or other rights. The trademarks represented, including corporate logos and emblems, are subject to copyright, as well as the trademark rights of either Rotobox or third persons authorizing Rotobox to use them. Any reproduction, technical or other manipulation, translation, or other use of the materials on this website is prohibited without the explicit prior written consent of Rotobox.
The promotional materials published on the website are intended for your private use only and may not be used or distributed otherwise or for commercial purposes without the explicit prior written consent of Rotobox. In cases where prior consent must be obtained for the use of the materials, such consent shall cancel out the general consent included in this notice and shall clearly indicate any restrictions on use. In any case, the said materials may not be altered in any way and must include an acknowledgment of the source and information on Rotobox's copyright and/or other rights.
Rotobox takes all copyright and other rights infringement cases under serious consideration. If you detect any use of Rotobox’s copyright or industrial property rights, contrary to this notice, please contact Rotobox. The infringement notification specifics shall be kept confidential. Rotobox will not hesitate to engage appropriate juridical sites to hackers and counterfeiters, and will ask the court for compensations for material and moral damages suffered.
16. CONTROVERSY AND APPLICABLE LAW
This website shall be governed by Slovene law. The Slovene courts shall have exclusive jurisdiction over any disputes arising from this website.
You are kindly invited to inform us about any errors or inaccuracies on our website, as well as to ask us any questions you may have in relation to the Terms. If there should be a contestation and this should not be solved between the customer and Rotobox, such contestation will be governed by Slovenian law.
17. CHANGES TO TERMS
Customer can review the most current version of Rotobox Terms of sale at any time on the website. At its sole discretion, Rotobox reserves the right to update, change or replace any part of this Terms of sale. It is customer’s responsibility to check the website periodically for changes. Terms of sales are non-cancelable by the customer. Rotobox reserves the right to refuse any clause or file attached to the purchase order that opposes or adds new elements to the Terms of sales as stated herein.
18. CONTACT INFORMATION
Questions about this terms shall be sent to email: firstname.lastname@example.org. Rotobox support is available for emails sent to: email@example.com.
19. PREORDER TERMS AND CONDITIONS
These Preorder Terms and Conditions govern the placing of a Preorder with Rotobox company (“Rotobox”, also for we, us or our) for your reservation of a Set of Rotobox AIMER Carbon Car Wheels (“Wheels”). Please read all of these Terms carefully before submitting your Preorder. By submitting your Preorder, you agree to be legally bound by these Terms.
No Obligations. Each Preorder you submit for Wheels acts as a deposit for a future purchase of the Wheels. You are under no obligation to purchase the Wheels from us, and we are under no obligation to supply you with the Wheels. These Terms do not constitute an agreement for the sale of the Wheels and do not lock in pricing, a firm production slot, a firm delivery date, or specific Wheels configuration. To complete the purchase of the Wheels, you will need to execute Rotobox standard Agreement to Purchase (“Final Sales Agreement”) which will include additional terms and conditions, including the final price sheet for the Wheels. Additional payment for the Wheels, including taxes and other governmental fees, will be required at that time. We may decline Preorders to avoid over-subscription or as we deem appropriate in our sole discretion. If your Preorder is declined, you will be notified and your Preorder payment will be refunded.
Preorder Eligibility: Age and Residency; Entity Preorders. You must be at least 18 years of age. If you are Preordering the Wheels on behalf of a company, organization or entity (an “Entity”), you represent and warrant that (x) you have the authority to bind that Entity to these Terms and (y) such Entity agrees to be bound by these Terms.
Registration. When placing a Preorder for the Wheels, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Rotobox 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. You can update your information at any time prior to your product being shipped by sending an email to firstname.lastname@example.org.
Payment. You will be charged a non-refundable fee of 100,00 EUR (“Preorder Fee”) when you place your Preorder with us. Placing a Preorder with us constitutes your express agreement to be charged the Preorder Fee using your provided payment method. Your payment will be held by Rotobox in a separate account designated solely for Preorders and released for application towards the final sales price of the Wheels when you execute the Final Sales Agreement.
No Guarantee of Shipping Date. You are Preordering the Wheels that will be produced for you in the future and your priority will be set by the date of payment on your Preorder. The actual date for shipping for any accepted Preorder will depend on a variety factors, including the date of payment on your Preorder, our manufacturing schedule, and the execution of the Final Sales Agreement. There is no guarantee as to shipping date based on your Preorder.
Cancellation. You can cancel your Preorder by sending an email to email@example.com from the address you used to make the preorder. Rotobox promotional items, if any, received at the time of Preorder are yours to keep even after cancellation.
Wheels Configuration. You understand that we may not have completed the development of the Wheels or begun manufacturing the Wheels at the time of your Preorder. You further understand that the Wheels’s available features at the starting price have not yet been determined. By agreeing to these Terms, you represent and warrant to us that you understand that the Wheels configuration may change prior to execution of the Final Sales Agreement.
Force Majeure. Your Preorder does not create liability for Rotobox or you for any failure to perform due to an event beyond our control, including, but not limited to, any Act of terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, unavailability of materials, strike, earthquake, flood or any other natural or man-made eventuality outside of our control.
Entire Agreement, Modification and Severability. We reserve the right, at our discretion, to change these Terms at any time. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable. This Agreement represents the entire agreement governing your Preorder.
Assignment. You may not assign your rights under these Terms (or your Preorder) without our express prior consent.
Limitation of Liability. UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL ROTOBOX BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES.
IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY CLAIMS, DAMAGES, COSTS OR EXPENSES UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS OR YOUR PREORDER, OUR LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF YOUR PREORDER FEE.
Applicable Law and Class Action Waiver. These Terms, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of Slovenia. Rotobox and you agree that Slovenian court of Celje has exclusive jurisdiction to settle any dispute, controversy or claim arising from or connected with these Terms. Rotobox and you consent to the jurisdiction of the Celje courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER CLAIM FROM OTHER CURRENT OR FORMER USERS OF THE SITE OR OTHERWISE RELATED TO THE WHEELS OR ANY OTHER PREORDERS. NO CLAIM BROUGHT UNDER THIS AGREEMENT SHALL PROCEED AS A CLASS ACTION.
FURTHER, YOU HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. YOU AGREE THAT WE MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG US TO IRREVOCABLY WAIVE TRIAL BY JURY AND THAT ANY ACTION OR PROCEEDING WHATSOEVER BETWEEN US RELATING TO THESE TERMS SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.
Updated January 24, 2023.