Terms and Conditions for The LEMO Smartpac Subscription

Order and Delivery/Pick-up

• The client who takes the Smartpac subscription plan must be at least 18 years old and be able to enter into legally binding contracts
• The client will receive confirmation of the subscription order after fully completing the order process. The subscription plan becomes effective at the time when the client receives the Smartpac delivered by LEMO (or its authorized partner) or when the client picks it up directly in one of LEMO´s physical store.
• After the confirmation, the client and LEMO will agree the time and location for the delivery or pick-up of Smartpac, At the time of delivery/ pick-up, the client shall confirm to LEMO in writing the receipt of the Smartpac, the payment method chosen and that the personal details provided are correct.

Coverage and Advantage

• The client has the full coverage of the Smartpac for repair under rasonable usage (the Smartpac subscription is only for private use, not for commercial use), with no cost as long as the client maintains the subscription. LEMO holds the right to detect the technical issue and will not be responsible for damages due to accidents or vandalisme.
• In case of big issues happened (E.G. the battery life drops to 80% of its capacity ) to the Smartpac, the client shall contact LEMO via App or E-mail. When the issue is confirmed by LEMO, Smartpac Swap (to be collected and swapped on-site in Berlin city area or in the physical Store of LEMO) will be provided free of charge.
• The client will have possibility to upgrade the Smartpac when new version (E.G. better performance or larger capacity) of Smartpac is released by LEMO.

Subscription Periods ,Prices and Duties

• LEMO provides two subscription periods that all LEMO E+bike clients can purchase : the client can take three months’ subscription or twelve months´ subscription as an initial plan.
• After fullfill the initial plan period the client can choose to extend the intital subscription period for another cycle or apply for swifting to the other subscription period by prior notice not less than 7 days to LEMO via E-mail.
• There is an entry fee of €20 when the 3 months’ subscription period is taken as initial plan. The monthly subscription fee is €45. The client can terminate this subscription plan by written notice via E-email to LEMO with no less than 45 days prior to the plan end date.
• There is no entry fee when the client takes the 12 months’ subscription period. The monthly subscription fee is € 35.The client can terminate this subscription period by written notice via E-mail to LEMO with no less than 75 days prior to the plan end date and there will be a registration fee of € 20 for terminating the contract.
• Both two subscription periods will take into effect from the day when the client takes possession of the Smartpac. LEMO will charge the monthly payment in advance at the beginning of each calendar month for the whole calendar month through the client´s selected payment method. The starting month´s subscription fee will be calculated proportionally according to the remaining days of that month from the day when the client takes possession of the Smartpac.

Termination/Cancellation of the Subscription

• The subscription plan will not be terminated/cancelled without confirmation from LEMO in written.
• The client has the right to terminate or cancel the subcription plan by prior notice in accordance with the previous terms stipulated and LEMO has the obligation to give confirmation for the acceptance in fourteen (14) working days.
• The client shall at his own risks and cost, before or at least on the end date of the subcription, return the Smartpac to LEMO.
• In case that the client fails to return the Smartpac in time with no prior notice for termination/cancellation of the subscription, LEMO will send a reminder via E-mail to the client providing two options:* which the client can choose to extend the subscription plan (also possible to swift to the other subscription period) or cancel the subcription. In any case above mentioned LEMO holds the right to keep charging the due payment as stipulated.
• With confirmation of accpetance of termination/cancellation of the subscription, the client will have fourteen (14) days to send out the Smartpac to LEMO.
• If the monthly subscription fee is not performed as stipulated in one month´s subscription cycle (E.G. LEMO could not charge the fee via the client´s payment method provided in thirty (30) calendar days because there is not enough fund in client’s bank account), the contract will be terminated by LEMO. In such case, LEMO holds the right to charge the remaining due payment for completing the full payment of current subscription plan. The client will receive an termination reminder and since that date the client has the obligation to send out the Smartpac in the next fourteen (14) days to LEMO (return the Smartpac)
• In case that the termination of the susbcription has been confirmed by LEMO, and the client fails to send out the Smartpac within the stipulated period or the Smartpac cannot be returned to LEMO while no proof of shipment is provided by the client, the client has the obligation to compensate for the loss suffered in the amount equal to the purchase price (€ 900) of the Smartpac.

Right of Withdrawal Information

• The LEMO Smartpac Subscription Plan clients have the right to withdraw from the purchase within fourteen (14) days without giving any reason.
• The withdrawal period will expire after fourteen (14) days from the day on which the client, or a third party other than the transport company, indicated by the client, obtains the physical possession of the goods.
• The client is obliged at his own risks and cost to send the Smartpac device by any carrier company to LEMO or return it to one of the physical LEMO store immediately, but no later than fourteen (14) days after the day on which confirmation of the cancellation of the subscription has been issued by LEMO.
• LEMO holds the right to determine the nature, characteristics and functioning of the device returned and the client is liable for the diminished value of the goods.
• LEMO will use the same method of payment that the client used for the initial transaction to make a total refund ,in case the device is returned in good condition without significant damage/ dysfunctional damage caused by the client´s inappropriate handling.
• LEMO may refuse to refund until LEMO has received the returned goods or until the client has proven that occured.

Other Duties and Information

• The client who takes The LEMO Smartpac Subscription Plan has the obligation to follow LEMO’s instructions to charge and store the Smartpac in order to get full coverage for repair/maintenance of the device.
• The LEMO Smartpac Subscription Plan is only destined for private use, not for any comercial use (E.G. any kind of delivery service )
• During the subscription period, the client shall notify of changes to the data known to LEMO (such as a new phone number, address or bank account) in good time and without undue delay.
• LEMO is not obligated to provide new Smartpac device to the client. The Smartpac supplied shall always be at good condition with no dysfuntional problem.

Terms and Conditions for The LEMO Smartpac Subscription