TERMS AND CONDITIONS FOR ZEEKR PRE-ORDER

INTRODUCTION

These Terms and Conditions for Zeekr’s Pre-Order process (“Terms”) govern your non-binding intent to purchase or lease a Zeekr Vehicle (“Pre-Order”) with Zeekr Sweden AB., company registration number: 559425-7908, Pumpgatan 1, 417 55 Gothenburg, Sweden ("Zeekr” or “we”, or “us”) for a Zeekr Electric Vehicle (“Vehicle”). Before submitting your Pre-Order, you must agree to these Terms. We ask you to carefully read the Terms before submitting your Pre-Order.

Please use the following contact details to our Customer Service when you contact us with your inquiries regarding these Terms:

[Email-address]
[Telephone number]
[Telephone number]

For information regarding the personal data collected and processed in connection with the Pre-Order, please read the Zeekr Privacy Policy available at [hyperlink].

1. NON-BINDING PRE-ORDER

1.1 Each Pre-Order you submit for a Vehicle shall constitute a non-binding intent to purchase or lease a Vehicle. You are under no obligation to proceed with an actual purchase of a Vehicle from us, and we are under no obligation to sell, lease and/or supply you with a Vehicle on the basis of a Pre-Order.

1.2 Pre-Orders can be submitted through Zeekr’s official website only and will be available from 28 June 2023 until the official launch of sales orders in September 2023.

1.3 You acknowledge and agree that these Terms do not constitute an agreement for the sale or order of a Vehicle. These Terms does not evidence any warranties, representations, or covenants with regards to the Vehicle.

1.4 You acknowledge that to purchase or lease a Vehicle, you will need to enter into a separate legally binding purchase or lease agreement with Zeekr (“Purchase Agreement” or “Lease Agreement”) and complete the configuration of your Vehicle. The Purchase Agreement and Lease Agreement will include additional terms and conditions, including the applicable price sheet (including taxes and official and other government fees) and details of your vehicle configuration for the Vehicle you select to purchase or lease (“Order Confirmation”).

1.5 We may decline Pre-Orders as we deem appropriate in our sole discretion. If your Pre-Order is declined, you will be notified, and your payment will be refunded.

2. PRE-ORDER ELIGIBILITY

2.1 You must be at least 18 years of age to submit a Pre-Order of a Vehicle and resident within the European Economic Area (EEA). Please note that delivery of vehicles under a Purchase and/or Lease Agreement is currently only possible to addresses in the Netherlands and Sweden.

2.2 You confirm and warrant that all the information you provide in connection with your Pre-Order for the Vehicle is complete and accurate. You should keep this information current at any time by emailing [please insert].

2.3 If you submit a Pre-Order of a Vehicle on behalf of a company, organization, or entity (an “Entity”), you represent and warrant that you have the authority to bind that Entity to these Terms and such Entity agrees to be bound by these Terms.

3. PRE-ORDER PROCESS

3.1 When submitting a Pre-Order, you are able to configure preferences for a Vehicle by indicating such preferences on the website (“Configurator Preferences”). After the official launch of sales orders, you will be invited by Zeekr to enter the order configurator, where you will be able to create your configuration for a vehicle before you convert your Pre-Order into a Purchase Agreement and/or Lease Agreement with us.

3.2 You understand and agree that there is no guarantee as to order and delivery dates based on your Pre-Order. Your Pre-Order grants you a prioritisation in delivery if your Pre-Order converts into a Purchase Agreement and/or Lease Agreement. The prioritisation is based on your configuration and on the date you convert your Pre-Order into a Purchase Agreement and/or Lease Agreement.

3.3 A personal account on our website will be created when submitting your Pre-Order (“Account”). Your Configurator Preferences will be stated separately in a non-binding overview (“Pre-Order Overview”).

3.4 You understand and agree that we are under no obligation to manufacture any vehicles that meet your Configurator Preferences and, therefore, may not have started the manufacturing any of such vehicles at the time of submission of your Pre-Order. The available Vehicle options and specifications are subject to change at any time. You understand and agree battery range and other available features have not yet been determined.

3.5 You understand and agree that any promotions offered to you by Zeekr during the Pre-Order process are only binding when you enter into a Purchase Agreement and/or Lease Agreement with us.

4. CHANGES

4.1 You have the right to change your Configurator Preferences by contacting our Customer Service or in your Account. You will be issued an updated Pre-Order Overview whenever you and/or we make changes to the configuration.

4.2 Please note that offered promotions are made in connection with each Pre-Order and are subject to change and/or cancel if you make changes to your Configurator Preferences or if you cancel your Pre-Order.

5. DEPOSIT

5.1 You will be charged a refundable deposit of EUR 300 incl. VAT (the “Deposit”) when you submit a Pre-Order. A submitted Pre-Order constitutes your express agreement to be charged the Deposit using your provided payment method.

5.2 The Deposit must be paid within [10 days] of when you submitted the Pre-Order.

5.3 Your Deposit will be released when you either cancel the Pre-Order or execute a Lease Agreement. If you execute a Purchase Agreement, your Deposit will be deducted from the final vehicle price stated in your Order Confirmation.

6. CANCELLATION AND REFUNDS

6.1 You may cancel your Pre-Order and receive a refund of your Deposit at any time by contacting Customer Service or by logging in to your Account.

6.2 If you are a consumer, you acknowledge that you have read and understood the provisions applicable to you in the Withdrawal Specific Provisions included in these Terms at Annex I.

6.3 If you are having technical issues to log in to your Account, please contact [insert number].

6.4 You will receive your refund within 14 business days.

7. PRIVACY POLICY AND TERMS OF USE

7.1 The data that Zeekr and/or its affiliates collects from you or about your Configurator Preferences will be used in accordance with our Privacy Policy and Terms of Use, each of which is available on our website [insert website address]. Please read our Privacy Policy and Terms of Use carefully to understand the data that we collect and our practices regarding your information and how it will be treated.

8. COMMUNICATION

8.1 We may contact you from time to time to perform our obligations under these Terms, and keep you informed about the Zeekr estimated launch date for purchasing the Vehicle or information regarding promotions and/or test-driving the Vehicle.

9. OUR RESPONSIBILITY

9.1 Neither you nor Zeekr will be liable for any failure or delay in performing an obligation under these Terms that is due to an event beyond our reasonable control, including, but not limited to, pandemic, epidemic, disease, natural disasters, strikes, lockouts, official orders/and or lack of performance by subcontractors and/or third-party providers necessary for the delivery of the Vehicle, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, unavailability of materials, or any other natural or man-made eventuality outside of our control. For the avoidance of doubt, further waves and/or outbreaks of COVID-19 are considered to be events beyond our control.

10. SEVERABILITY

10.1 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.

11. NO WAIVERS

11.1 The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ZEERK.

12. ASSIGNMENT

12.1 You may not assign your rights under these Terms without our express prior consent. Zeekr may assign these Terms in our discretion without your consent.

12.2 Any amendment to these Terms shall be made in writing and signed by authorized representatives of both Parties.

13. LIMITATION OF LIABILITY

13.1 Except as otherwise provided by applicable law, in no event shall Zeekr or any of its affiliates, and their respective officers, employees, licensors and partners be liable to you or any third party for indirect or enhanced damages arising out of, relating to, or in connection with these Terms, regardless of (a) whether such damages were foreseeable and (b) whether or not a proposed defendant was advised of the possibility of such damages.

14. MAXIMUM LIABILITY

14.1 Unless otherwise provided by applicable law, in no event shall Zeekr or any of its affiliates, or their respective officers, employees, licensors and partners aggregate liability arising out of or related to these Terms, whether arising out of or related to breach of contract or otherwise, exceed the total of the amounts you paid to Zeekr pursuant to these Terms.

15. ENTIRE AGREEMENT

15.1 Your Pre-Order Overview, these Terms, our Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. It shall supersede all prior and contemporaneous representations, warranties, agreements, understandings, inducements, and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. In the event of any conflict between these Terms, our Terms of Use and our Privacy Policy, these Terms shall prevail.

16. EFFECTIVE

16.1 These Terms are entered into and effective as of the date you submit a Pre-Order. By confirming and accepting these Terms, you agree to the terms and conditions of these Terms.

17. APPLICABLE LAW AND DISPUTES

17.1 These Terms, their subject matter and their formation, and any related non-contractual disputes or claims, are governed by, and to be interpreted according to Dutch law, excluding its conflict of law provisions. You agree that the courts of such country shall have exclusive jurisdiction to settle any dispute, controversy or claim arising from or connected with these Terms. Disputes regarding these Terms will exclusively be resolved in the competent court of Gothenburg, Sweden.

17.2 You may use the European Consumer Platform run by the European Commission, which can be accessed at www.ec.europa.eu/consumers/odr. Zeekr is not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.

ANNEX I

WITHDRAWAL SPECIFIC PROVISIONS

If you are a consumer and these Terms was entered into by only using means of distance communication, you may cancel your Pre-Order up to 14 days after conclusion of these Terms. To cancel, you must clearly inform us of your decision to cancel these Terms by contacting us at the address indicated in these Terms. You may also do so by completing and submitting our withdrawal form herein.

Withdrawal Form

Information about the company
Name:
Address:
Fax number (where appropriate)
E-mail (where appropriate)
Information about the consumer
Name:
Name 2 (If more than one person has made the purchase)
Address:
Phone number:
E-mail:
Info
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) Pre-Order for the following goods (*)/ services (*)
Ordered on (date) (*)
Received on (date) (*)
Info
Place
Date
Signature (only necessary if in paper form)
Signature 2 (If more than one person has made the purchase)