Terms & Conditions
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1. Definitions
In these general terms and conditions (“T&Cs”), the following definitions shall apply:
– Agreement: any and every agreement entered into in writing between Voltario and a Client including these T&Cs, and any amendments thereto.
– Client, or You, Your: all natural or legal persons with whom Voltario enters into an Agreement or with whom Voltario is negotiating about the conclusion of an Agreement;
– Consumer: the Client being a natural person who acts for purposes outside a business to whom Voltario sells and/or delivers Products and to whom Voltario provides Services;
– Order: any order issued by a Client to Voltario in any form whatsoever;
– Privacy Policy: the statement to be consulted by the Client on the Website regarding the processing of personal data, which may be amended from time to time and which is incorporated herein by reference and is located in our Privacy Policy;
– Product(s): any and all goods which are the subject of an Agreement;
– Services: all services provided by Voltario to the Client, which are directly linked to the Purchase of a Voltario Product by a Client.
– Voltario or We or Us: Converge Engineering Pty. Ltd. registered under Australian law with ABN 70 641 801 523.
– Voltario brand store: a physical sales location owned by Voltario, as listed on the Website.
– Voltario reseller: any authorised Voltario reseller included as such on the Website.
– Website: www.Voltario.com.au
2. Applicability
2.1 The present T&Cs shall comprise a part of all Agreements and shall be applicable to all Product sales and related Services, actions and legal transactions between Voltario as a seller and a Client.
2.2 Applicability of any general terms and conditions applied by Client, including any additional, inconsistent or different terms in an Order, are explicitly dismissed by Voltario and such terms shall be deemed rejected, void and of no force and effect. Fulfillment of Client’s Order documented on a form provided by Client does not constitute acceptance of any different or inconsistent terms provided by Client and does not serve to modify or amend these T&Cs or the Agreement.
3. Quotations, Agreements, Product descriptions
3.1 A quotation or (price) offer shall not be binding on Voltario and shall qualify only as an invitation to the Client to place an Order.
3.2 An Agreement shall only come into effect to the extent Voltario accepts an Order from the Client in writing or if Voltario executes an Order or other writing. If at the request of Client Voltario carries out any work for Client before an Agreement is effective, the Client shall remunerate Voltario therefore in accordance with Voltario’s customary rates payable upon receipt of an invoice.
3.3 After acceptance of an Order, Voltario shall at all times be entitled, with or without cause, to cancel such Order prior to delivery without liability and without stating its reasons, in which case Voltario shall not be obliged to refund or pay any more than the advance payments already made by Client, if any.
3.4 Voltario shall observe due care in informing the Client of the “figures, measurements, weights, features other information applicable to the Product(s), but cannot warrant that these shall be free of deviations. Any specifications or samples demonstrated or made available shall be no more than indications of the Product(s) concerned. If the Client should be able to demonstrate that the Product(s) supplied by Voltario materially deviate from the information provided by Voltario or from the samples or specifications in such a way that the Client can no longer be obliged to comply with the Order concerned, the Client shall have the right to dissolve the Agreement, to the extent however that such a dissolution should be necessary in reason and without Voltario being liable for damages.
3.5 A Consumer shall be entitled to revoke the offer and return the Product(s) in accordance with the Return Policy and applicable terms included herein.
14-day, no-hassle returns policy
We offer a 14-day / 50 KM return policy. Following the date of delivery, you have a good two weeks or 50 km ride to try your bicycle, whichever comes first, and if you are not happy, you can return your bike to us. Please note that shipping costs are non-refundable and that an additional shipping fee may apply for returning your (e)Bike back to us.
Return process
We offer a 14-day/50 KM return policy on all items purchased through Voltario. You have a good two weeks or 50 km to try your bicycle – whichever comes first. If you are not happy, you can return your bike to us. Keep in mind that shipping costs are non-refundable and that an additional shipping fee may apply for returning your (e)Bike back to us. If the item is deemed acceptable for return, Voltario will refund the amount paid minus any return fees that may apply. If you would like to make use of the 14 day return policy please contact us at sale@voltario.com.au referring to your order number and follow the instructions set out. Refunds take approximately 14 business days after we have received your return shipment.
Returned items must be in new condition. The specified mileage and the 14-day return period must not be exceeded. We strongly advise you to keep the box in case you have doubts, as this will simplify the return shipment massively, and saves some double packaging. We will check the product for any signs of major use, damages and dirty or missing parts and will refund the full amount if the product is received in a good condition.
When you receive the bike you’ve purchased online, we encourage you to test ride it on a sealed surface like bitumen or concrete. We do ask that this is done carefully so the bike can be returned in “as new” condition. If the bike is not right for you, we’ll be happy to arrange for a courier to collect it and then issue a refund for you or exchange it in case the size might not be right for you. You’ll receive a consignment note and you can schedule a pick-up on a date that best suits you (between Monday – Friday) to facilitate your return.
For the return of any accessories, you will be responsible for returning the item to us. If a refund is approved, you will be refunded the amount paid minus the original shipping cost.
Refunds
Refunds will be authorised once our mechanic has inspected the returned bike. Please be aware this process can take up to fourteen (14) business days once the bike is received at our store. Refunds will be issued as soon as the bike has received approval from our mechanic. Should the bike fail inspection, you will be contacted about why the terms & conditions have not been met and should any fees apply.
Refunds may take 1-2 billing cycles to appear on your credit card statement, depending on your credit card company. We will notify you by email when your return has been processed.
For more information about our return policy please have a look at our Terms and Conditions.
4. Prices and Payment
4.1 All prices are in Australian Dollars unless expressly stated otherwise. Insofar as prices are stated in other currency than Dollars, than such statement of price is deemed to be based on the Dollar equivalent of such price at the date that the price statement was made.
4.2 Our prices include statutory GST (GST) and any other sales tax (if applicable). Shipping costs may apply separately, as included in the Order. Customs duties and similar public charges may apply and shall be borne by the Customer.
4.3 Unless expressly otherwise agreed by Voltario in writing, all shipments by us shall require advance payment (to be made in the manner specified in our Order form) upon placing the Order or receipt of an invoice, as applicable. We retain legal title to any Product(s) supplied by Voltario until the purchase price (including GST and shipping costs) for such Product(s) has been fully paid.
4.4 The Customer shall have no right of set-off or retention, except to the extent this has been agreed by Voltario in writing.
4.5 Prior to delivery, any change of factors having an impact on the prices of Voltario, including but not limited to rates of third parties, currency exchange rates, insurance rates, import and export duties and any other charges payable upon importation or exportation, freight charges and other charges, levies or taxes, may be charged on to Client by Voltario.
5. Delivery of the Product
5.1 The delivery period indicated by Voltario shall be based on the circumstances applicable to Voltario at the time the Agreement is entered into and, to the extent dependent on performance by third parties, on the information that those third parties provided to Voltario. All delivery dates are estimates only.
5.2 Except as otherwise provided herein, the delivery period shall commence on the date of Voltario’s written Order confirmation. Provided, however, if, in order to execute the Order, Voltario requires additional information from the Client, the delivery period shall commence on the date on which Voltario disposes of all the necessary information or resources, but not earlier than the date of the written Order confirmation. The Client shall not be entitled to claim compensation in the event of an overdue delivery period.
5.3 Voltario shall at all times be entitled to deliver in part-consignments.
6. Shipment, Insurance and Passing of Risk
6.1 Voltario bikes are either a) fully assembled by our mechanics or b) almost fully assembled and subjected to quality control at our factory, depending on the Product purchased and delivery method opted for by the Client. Specific components (pedals, handlebars, battery and possible accessories) might be removed for safety reasons prior to shipment of the Product(s). Depending on the delivery method the Client has selected, the Client may be required to fit these parts (pedals, handlebars, battery and possible accessories) when he/she receives delivery of his/her bicycle. Written information on how to fit pedals, handlebars and batteries as well as the necessary tools are included with the delivery of the Product(s). In addition, a video explaining how to fit the required parts is available on the Voltario Website per Product. If necessary, telephone support on how to fit parts is available from the Voltario Customer Support Team.
6.2 Unless expressly otherwise agreed upon, Voltario shall be free to determine the appropriate mode of shipment and to select the carrier at their reasonable discretion. The Client shall bear the shipping costs (if applicable). We will inform the Customer of the shipping costs (if any) in the Order form. Return shipping costs might apply in accordance with our Return Policy.
6.3 Passing of risk of the Product(s) shall be as follows:
- a) Voltario shall bear the risk of transport in case the Client is a Consumer. If the Client is a Consumer, the risk of accidental destruction, damage or loss of the delivered Product shall pass to the Consumer upon delivery of the Product to the Consumer or upon the Consumer’s default of acceptance. In all other cases, such risk shall pass to the Client upon delivery of the Product(s) by us to the carrier.
- b) When the Product is assembled at a Voltario brand store or by a Voltario reseller, the Client shall be obliged to carefully inspect the assembled Product(s) before accepting the Product(s) after which such risk shall pass to the Client.
4 If the Client should fail to collect the Product(s) it has ordered or should fail to do so within a reasonable time period (as decided by Voltario), it shall be in default without requiring a written notice of default. In such event Voltario shall be entitled to store the Product(s) for the Customer’s account and risk and to sell these to a third party. The Customer shall remain liable for the purchase price plus the interest and costs (by way of compensation) after the deduction of the net proceeds of such sale to a third party, if any.
7 Inspection and Complaints
7.1 The Client shall be obliged to carefully inspect the Product(s) immediately upon arrival at their destination or to have these examined upon receipt by the Client itself or any third party acting at its instructions, whichever is earlier. Voltario must be informed in writing of any complaints in respect of defects to the Product(s) or any discrepancies in quantity, weight or quality between the Product(s) supplied and the specification thereof in the relevant Order confirmation or invoice no later than within five (5) calendar days after the receipt of the Product(s). The notification of the Client must at least give a clear and precise description of the complaints in respect of defects invoked by the Client and contain pictures of the defect. The Client must notify Voltario of defects that could not in reason have been discovered within the above mentioned period in writing immediately after discovery, but in any case no later than within 14 (fourteen) calendar days of the receipt of the Product(s). Notification of cosmetic damages can only be accepted by Voltario before use of the Product(s). Should the Client fail to inform Voltario within the above mentioned term, its rights to exercise any of its rights with regard to such irregularity or defect have lapsed.
7.2 The Client shall be obliged to immediately cease the use of the Product(s) concerned after discovering any irregularity or defect, under penalty of lapse of the right to exercise any of its rights with regard to such irregularity or defect. The Client shall provide any cooperation Voltario may require in order to investigate the complaint.
7.3 The Client shall not be entitled to return Product(s) to Voltario before Voltario has agreed in writing to such return. The return shipping will then be free and there are no costs associated with it for the Client. The Product(s) shall remain at risk of the Client until receipt by Voltario of such Product(s).
8. Other obligations and responsibility of the Client
8.1 The Client shall at all times make any and all information necessary for the execution of Voltario’s activities available timely and shall warrant the accuracy and comprehensiveness thereof.
8.2 The Client shall not be entitled to remove or make invisible any trademarks or identifying marks on the Product(s), any documents accompanying and/or regarding the Product(s).
8.3 The Client shall not copy, modify, reverse engineer, decompile, disassemble or otherwise tamper with the Product(s), its components and/or the Services.
9. Right of Withdrawal / Return Policy
9.1 Our Return Policy applies to each Order of a Product to a Consumer.
9.2 If You meet the definition of a “Consumer”, You have the right to withdraw from your purchase and revoke your Order without giving any reason and without extra costs in line with our Return Policy. The withdrawal period shall expire after 14 (fourteen) calendar days from the day on which You or a third party other than the carrier indicated by You acquires physical possession of the Product(s). When Product(s) are delivered in multiple lots or pieces, the withdrawal period shall expire after 14 (fourteen) calendar days from the day on which You acquire the physical possession of the last lot or piece. Please note that You cannot exercise a right to withdraw in case of Products made to the Consumer’s specifications or clearly personalized.
9.3 You shall send back the Product(s) in the original box or the box provided by Voltario or hand them over in person to Voltario, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which You communicate your withdrawal from the Agreement to Us. The deadline is met if You send back the Product(s) before the period of 14 (fourteen) calendar days has expired.
9.4 You are only liable for any diminished value of the Product(s) resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product(s). To the extent that these actions are not necessary to establish the nature, characteristics and functioning of the bicycle, You are liable towards Voltario for any diminished value caused by these actions.
9.5 In case You withdraw, Voltario can refuse repayment so long as Voltario has not timely received the returned Product(s) or until You have proved You have timely returned the Product(s), depending on which event occurs first.
9.6 Voltario shall use the same means of payment as You used for the initial transaction and provided that You do not incur any fees as a result of such reimbursement. Voltario shall not, however, reimburse the supplementary costs, if You have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by Voltario.
9.7 You shall handle the Order as well as the packaging with the utmost care during the first 14 (fourteen) calendar days after delivery. As a Consumer You will be liable for any diminished value of the goods resulting from the handling of the Product(s) other than what is necessary to establish their nature, characteristics and functioning. In order to establish the nature, characteristics and functioning of the Product(s), You should only handle and inspect the Product(s) in the same manner as You would be allowed to do in a shop.
10 (Limited) Warranty / Product Warranties
10.1 Our Warranty Policy applies to each Order of a Consumer and such warranty is limited to the terms included therein as a sole remedy of warranty. Voltario warrants only those features, qualities of its Product(s) that are explicitly agreed in writing.
Item | Warranty Period | Problem | Evidence Of Problem | Warranty Proof |
---|---|---|---|---|
Electrical parts: | ||||
Battery | 1 Year | Can’t Charge / Range < 20% | Video/Picture/Description | Order No. / Purchase date, Code / Serial number of battery |
Motor | 1 Year | Doesn’t Work / Burnt | Code / Serial number of motor | same as above |
Controller | 1 Year | Code Error | same as above | |
Charger | 1 Year | Can’t Charge | Code / Serial number of Charger | same as above |
Meter Display | 1 Year | Code Error | same as above | |
Booster | 1 Year | No Assist / Insensitive | same as above | |
Front Light | 1 Year | Doesn’t Work | same as above | |
Metal parts: | same as above | |||
Bike Frame | 1 Year | Deformed / Desoldered / Cracked | Video/Picture/Description | Order No. / Purchase date, Code of frame |
Front Fork | 1 Year | Deformed / Desoldered / Shock Absorption Failure | same as above | |
Seat Tube | 1 Year | Deformed / Desoldered / Cracked | same as above | |
Handlebar | 1 Year | Deformed / Desoldered / Cracked | same as above | |
Aheadset Stem | 1 Year | Deformed / Desoldered / Cracked | same as above | |
Driving system: | same as above | |||
Throttle | 1 Year | Ineffective / Hard to Turn | Video/Picture/Description | Order No. / Purchase date |
After assembling the whole vehicle, it is necessary to debug the screws, disc brakes, and derailleur of the whole vehicle by referring to the manual and video. | same as above | |||
Brake Lever | 1 Year | Ineffective / Can’t Reset | same as above | |
Disc Brake | 1 Year | Deformed / Cracked | ||
Transmission parts: | ||||
Thumb Shifter | 1 Year | Stuck / Abnormal Noise | Video/Picture/Description | Order No. / Purchase date |
Mid Derailleur | 1 Year | Stuck / Abnormal Noise | same as above | |
Rear Derailleur | 1 Year | Stuck / Abnormal Noise | same as above |
10.3 If Voltario should deliver Product(s) to the Client which Voltario has obtained from its own suppliers, Voltario shall at no time be obliged to honor a warranty or liability in respect of the Client which is more far-reaching than that which Voltario can claim from its own supplier.
10.4 With respect to warranty claims under Section 10, if, in Voltario’s opinion, the Client has been able to prove that any Product(s) supplied by Voltario to the Client do not function properly, Voltario may choose, at its sole discretion, between:
– re-supplying the Product with a Product of the same model that is of similar, age, mileage and condition, upon receiving the returned Product(s);
– modifying the Product(s) properly or repair of the Product(s);
– granting the Client a discount on the purchase price to be agreed by mutual consent.
Voltario shall be fully discharged of its warranty obligations by complying with one of the options described above, and it shall not be held to pay any further compensation or damages.
10.5 The Product(s) shall remain completely for the Client’s risk even if Voltario should carry out any repairs or modifications to the Product(s).
10.6 In the event of a defect of the delivered Product, the Consumer shall be entitled to request from us to repair the defect or to supply another Product (as ordered) which is free from defects in line with our Warranty Policy. We may refuse to remedy a defective product in the manner requested by the Consumer if such remedy would result in unreasonable costs.
11. Client Representations and Warranties
11.1 The Client represents, warrants, and agrees that he or she (i) fully understands the Product(s) and maintenance and safe keeping thereof and has read the manuals and seen instruction videos provided for the Product(s) purchased (ii) is a safe and competent bicycle operator, (iii) is sufficiently fit and physically capable to safely ride a bicycle without any risk to his or her health, (iv) is knowledgeable about the operation of a bicycle, and (iv) is knowledgeable about the laws pertaining to bicycles. Like any physical activity, riding a bicycle may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases, by choosing to ride a Voltario bicycle, Client assumes all responsibilities and risks for all such injuries or other medical conditions.
11.2 The Client acknowledges that operating the bicycle has inherent risks, dangers and hazards, including but not limited to traffic conditions, weather conditions, road and sidewalk conditions, natural and unnatural objects and obstacles, impact or collision and negligence of others. Client acknowledges and agrees that Voltario limits its liability as provided in this section. Client shall indemnify Voltario against and shall hold Voltario harmless from all costs, expenses, and liabilities (including reasonable attorney fees) from any claims by Client or any third party arising out of Client’s use of the bicycle. Without limiting the generality of the foregoing, except as expressly provided herein, the Client assumes all risk and liability for any and all loss, damage, or injury including death to persons or property of the Client or others arising out of bicycle possession, use operation or care and control of the bicycle by the Client, including but not limited to, all medical costs and financial and economic losses.
12 Liability
12.1 Voltario is not liable for consequential, indirect, incidental, special, exemplary, punitive damages, lost profits or revenues or diminution in value arising out of or relating to any breach of agreement, including but not limited to these T&Cs, whether or not the possibility of such damages has been disclosed in advance or could have been reasonably foreseen and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based to the extent permitted by law.
Any liability of Voltario to Client shall at all times be limited to the sum insured that shall be paid in such case under the liability insurance policies taken out by Voltario. These insurance policies have limited cover, inter alia with respect to the amount of the damages and the number of insured events per year.
Upon request thereto, access may be obtained to the insurance cover note. Should no payment be made by virtue of aforementioned insurance policies, regardless of the grounds, the liability of Voltario shall then be limited to the fee that was invoiced by Voltario and paid by Client in connection with the delivery at hand during a 12 (twelve) month period directly preceding the date on which the event leading to liability occurred, up to a maximum liability of €10,000 (ten thousand Euro) or equivalent amount in the currency of the country of purchase.
12.2 In the event that Voltario involves third parties, Voltario shall not accept any liability whatsoever for failure to perform on the part of such third party except to the extent for failure to perform on the part of Voltario itself — to which Section 12.1 applies. If the Client brings legal action directly against a third party, the Client shall indemnify Voltario against any claims by such third party in connection with such claim as well as against all expenses to be incurred by Voltario.
12.3 All rights of legal action and other powers of the Client towards Voltario in connection with the Product(s) delivered by Voltario (other than warranty claims during the warranty period) shall lapse upon expiry of a one (1) year term after the date on which the Client has become aware of – or could in all fairness have been aware of – the existence of such rights and powers.
13 Force majeure
13.1 If Voltario is unable to fulfil any of its obligations towards Client due to force majeure, these obligations shall be suspended during the force majeure situation.
13.2 Provided however, if a force majeure situation has lasted for one (1) calendar month or more, both parties have the right to dissolve the Agreement in writing entirely or in part. In the event of force majeure of Voltario, Client is not entitled to any compensation or damages.
13.3 Force majeure on the part of Voltario is to be understood to be any circumstance beyond the control of Voltario hindering the fulfilment of its obligations towards Client entirely or in part or because of which Voltario cannot be expected in all fairness to fulfil its obligations, regardless of whether such circumstance could have been foreseen at the time when the Agreement was concluded. Such circumstances include but are not limited to fires or other natural disasters such as bush fires or floodings, acts of terrorism, strikes and lockouts, the outbreak and/or spread of viruses and/or diseases, stagnation or other production problems suffered by Voltario or its suppliers, or problems in the transportation provided by Voltario or any third parties, any government measures, as well as the inability to obtain any permit or license from any governmental body.
13.4 Parties shall notify each other as soon as possible of any (possible) force majeure situation.
14 Termination
14.1 If Client fails to fulfil any of its obligations arising from the Agreement properly or in time, Client shall be in default and Voltario shall be entitled without any default notice:
– to suspend the fulfilment of the Agreement until payment has been adequately guaranteed; and/or
– to dissolve the Agreement with Client entirely or in part;
– all this without prejudice to Voltario’s other rights under any Agreement
whatsoever and without Voltario being held to any damages.
14.2 If Voltario exercises its right of termination as mentioned in Section 14.1, Voltario is authorized to set off any amount which may possibly be refunded to Client with a remuneration for activities already carried out as well as with a compensation for loss of profit.
14.3 In the event of bankruptcy, (provisional) suspension of payment, liquidation or attachment of one or more assets of Client or if Client is aware that any of these situations may occur, Client must notify Voltario thereof as soon as possible.
14.4 In case of a situation as referred to in Section 14.3, all Agreements with Client shall be terminated immediately by notice from Voltario or Voltario may notify Client that it wishes (part of) the Agreement concerned to be fulfilled, in which case Voltario is entitled without any default notice:
– to suspend fulfilment of the Agreement(s) concerned until payment has been adequately guaranteed; and/or
– to suspend all its payment obligations, if any, towards Client;
– all this without prejudice to Voltario’s other rights under any Agreement
whatsoever and without Voltario being held to any damages.
14.5 In the event of a situation as referred to in Section 14.3, all Voltario’s claims against Client shall be immediately payable in full.
15 Website
15.1 Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your Order).
15.2 We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.
15.3 You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the services included on the Website or any related website for violating any of the prohibited uses.
Voltario does not accept liability for the situations described in 15, or any combination thereof, to the extent permitted by law.
16. User Comments, Feedback or Generated Content
If You send certain specific submissions suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to us. Voltario is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these T&Cs. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
17 Transfer of rights and obligations
17.1 Voltario is allowed to transfer to third parties the rights and obligations described in any Agreement with Client. If obligations of Voltario are transferred, Voltario must inform Client beforehand and Client shall be entitled to terminate the Agreement by the date on which the transfer shall take place. In such case, Voltario shall not be liable for any damages. Except as provided in the Agreement and these Terms, Client cannot transfer to third parties any rights or obligations from any Agreement unless after consent thereto by Voltario. Any attempted assignment in violation of this Section shall be null and void. The Agreement shall be binding on any permitted successor or permitted assignee.
18 Privacy
We care about Your privacy. In the performance of this agreement we process and safeguard Your personal data according to Our Privacy Policy.
19 Conversion & Severability
19.1 If and insofar as any provision of these T&Cs cannot be invoked due to any imperative rule of law, the unfair character of these T&Cs or grounds of reasonableness and fairness, the provision concerned, as far as contents and essence are concerned, shall in all events have a corresponding meaning to such an extent that the provision concerned may indeed be rightfully invoked.
19.2 If any term or provision of the Agreement, including in these T&Cs is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
20 Applicable law, competent court
20.1 The law of the Netherlands shall be applicable to the present T&Cs and to all other Agreements. The applicability of the Uniform Law on the International Sale of Movable Property, the Uniform Law on the Formation of International Contracts for the Sale of Goods as well as the Vienna Convention on the Sale of goods is excluded.
20.2 Any disputes arising from the Agreement or these Terms shall be brought exclusively before the competent court in Amsterdam.
21 Amendment of T&Cs
These T&Cs may be amended on the part of Voltario by mere notification to the Client. In the absence of any protest within 14 days after notification the amended T&Cs shall apply to all new Agreements as of the day of notification as well as to all current Agreements insofar as these are carried out after the day of notification.
22 Contact Information
Converge Engineering Pty. Ltd. trading as Voltario ABN 70 641 801 523 with address at 153 Macquarie Street, Parramatta, NSW, 2150