Waterwolf "The E-Wolve" Pre-Order Agreement
Last updated: June 22, 2022
This Waterwolf Pre-Order Agreement (“Agreement”) is between you, the person or entity wishing to pre-order “The E-Wolve” (“You”), and Waterwolf GmbH (“Waterwolf”).
If you have any questions about this Agreement, please email Waterwolf at email@example.com.
Purposes of this agreement:
• “The E-Wolve” means the electric surfboard or models of electric surfboards that may be offered to you by Waterwolf.
• “Deposit” means your payment of EUR 299 to Waterwolf in order to claim a place on the waitlist, as defined below, for “The E-Wolve”.
By entering into this Agreement, you will be placed on the waiting list for the purchase of The E-Wolve (“Waiting List”). You enter into this Agreement when Waterwolf receives your deposit (the “Effective Date”). You agree that payment of the deposit constitutes acceptance of this Agreement.
2. Non-binding pre-order payment.
a. The deposit will be fully refunded to you at any time and for any reason prior to the completion of a purchase contract, including if you cancel your pre-order or if Waterwolf refuses to hold your pre-order.
b. You can get a refund of your deposit by emailing your request to firstname.lastname@example.org. Upon receipt of your request, Waterwolf will process the refund without undue delay.
c. You are under no obligation to purchase The E-Wolve from Waterwolf and Waterwolf is under no obligation to supply The E-Wolve to you, subject to the refund of your deposit.
i.e. The deposit will be offset against the purchase price of “The E-Wolve” when the purchase contract is signed.
3. Waiting List
Your position on the waiting list will be secured after Waterwolf has received your deposit. You have the option, but not the obligation, to purchase The E-Wolve at a later date when your position on the waitlist expires.
4. Contract of Sale.
This Agreement is not a contract for the sale of The E-Wolve, and you understand that prior to the purchase of The E-Wolve, you must enter into a legally binding contract (a "Contract of Sale"). You agree that this Agreement is not a guarantee, representation or agreement with respect to The E-Wolve and that such agreements are to be found and documented in the Purchase Agreement.
5. Product Changes
This Agreement does not guarantee the price, configuration, specification, or delivery date of any The E-Wolve, nor does it guarantee that you can purchase any particular model of The E-Wolve. You agree and understand that “The E-Wolve” is under development and there may be delays in commercialization in some or all regions.
6. Contract Modifications
Waterwolf may change this Agreement at any time. However, such changes do not affect
agreements that you have already accepted. Please refer to the version of the Agreement in effect at the time of your pre-order.
7. Applicable Laws
This agreement is governed by German law without regard to conflict of law rules.
8. Personal Information
9. Limitation of Liability
To the maximum extent permitted by law, (a) Waterwolf shall not be liable to you for any indirect, special, incidental, consequential or exemplary damages related to this Agreement, including but not limited to loss of data, loss of profits or otherwise, but excluding damages which cannot be excluded under applicable law, and (b) Waterwolf's cumulative liability to you under this Agreement shall be limited to the value of the Security Deposit.
This Agreement will be effective on the Effective Date and will terminate upon (a) execution of a Purchase Agreement or (b) refund of your deposit, whichever is earlier.
Any modification to this Agreement must be in writing and executed by both parties. The waiver of any breach of any provision of this Agreement shall not be deemed a waiver of any other or subsequent breach. If any part of this Agreement is held invalid or unenforceable, that part will be severed and the remainder of the Agreement will remain in effect. You may not assign this Agreement to anyone and any such assignment will be deemed null and void. The pre-order granted here cannot be assigned to third parties or individuals
be transmitted. Waterwolf may transfer or assign this Agreement upon written notice to you.