Terms and Conditions of Reservation
- 1 Introduction
Thank you for your reservation of a FRIKAR! You have secured an estimated priority for delivery of Frikar E-bike for your country and region / postal code. We will inform on our website www.podbike.com about which countries and areas that are prioritized for delivery. By giving us this trust, you help build a green, economical and fun e-bike that we believe the world really needs. Again – thank you!
- 2 Date of reservation
This reservation is considered valid from the payment of your reservation.
- 3 Booking
It is important to emphasize that this reservation is not an order or sale of a Frikar E-bike. The reservation gives you an estimated priority for delivery in your country and region / postal code. When production starts up for deliveries in your country and region, Podbike will contact you about any options and choices for the delivery of your FRIKAR.
You will eventually receive a purchase agreement that gives you the opportunity to complete this booking process with an order. If you wish to complete the order, we will consider your booking payment as part of the order payment. Until you have entered into a purchase agreement for a FRIKAR E-bike, you can cancel at any time and you will receive a full refund of your reservation.
- 4 Terms – non transferable, limited quantity
We will not pay you any interest for your reservation payment and the amount will not be retained on a separate or blocked account. It is not possible to transfer your reservation to another party without the written consent of Podbike. It is not possible to reserve more than four FRIKAR e-bikes per person through reservation payment without the express written consent of Podbike.
- 5 Information.
From time to time, we will inform you about the development of FRIKAR E-bike and ask for information from you to help us make the best possible FRIKAR E-bike.
- 6 Risk
There is a risk we are obliged to inform you about: In the unlikely event that Podbike AS go bankrupt or become insolvent, we will not be able to refund your reservation fee. So in the worst case, you may lose some or all of the money paid for the reservation.
Terms and conditions are subject to change without prior notice.
Terms and Conditions of Sale and Delivery
- 1 General
- These terms of sale apply to the sale of goods over the Internet to consumers (hereinafter “Standard Terms of Sale”). These General Terms and Conditions are valid for deliveries either directly from Podbike or indirectly via an authorised Podbike dealer. These T&Cs also applies to purchase contracts concluded between customer and authorised Podbike dealer (“walk-in customers”).
- Consumer purchases made over the Internet are primarily governed by the Norwegian Contracts Act (avtaleloven), the Norwegian Consumer Purchases Act (forbrukerkjøpsloven), the Norwegian Marketing Control Act (markedsføringsloven), the Norwegian Right of Withdrawal Act (angrerettloven), and the Norwegian eCommerce Act (ehandelsloven). The provisions of these Standard Terms of Sale are not to be understood as limiting any statutory rights of consumers within EU, Switzerland, Liecthenstein, Norway and Iceland, but rather set out the parties’ principal rights and obligations in relation to the transaction.
- By “consumer” is meant any natural person who is not acting primarily as part of a commercial enterprise, cf. the Norwegian Consumer Purchases Act § 1 (3).
- The seller is Podbike AS (org. no. 916 611 749), with its registered business address at Heiamyrå 1, 4031 Stavanger, and e-mail hello@podbike.com (hereinafter “Seller”).
- The buyer is the consumer who places an order with the Seller (hereinafter “Buyer”).
- The agreement between the Buyer and the Seller consists of the information provided by the Seller about the purchase in the ordering solution via the website www.podbike.com (hereinafter the “Online Shop”) (including but not limited to information about the nature, quantity, quality, and other characteristics of the goods, price, and delivery conditions), any direct correspondence between the parties via telephone, e-mail, fax or post, as well as these Standard Terms of Sale. However, neither party is bound by the agreement if there have been obvious typographical or entry errors by the Seller in the Online Shop or in the Buyer’s order, and the other party realised or should have realised that such an error was present.
- 2 Customer Account and Entering into the Agreement
- Agreements can be concluded in the Online Shop. The provisions of this § 2 apply to the conclusion of an agreement in the Online Shop.
- In order to place an order in the Online Shop, the Buyer must open a customer account. The Seller offers the Buyer a password-protected direct login to the Online Shop, where customer data can be viewed and managed. The Buyer undertakes to treat personal data confidentially and not to make such data available to any unauthorised third party.
- All offers are subject to change and are non-binding. This also applies if the Seller or a service partner of the Seller has provided the Buyer with catalogues, technical documentation, or other product descriptions or documents, including in electronic form, for which the Seller reserves ownership and copyright.
- By placing an order in the Online Shop, which requires prior registration with a customer account and acceptance of these Standard Terms of Sale, the Buyer becomes contractually bound. The Seller is entitled to accept the order within fourteen calendar days after it has been placed in the Online Shop.
- Without undue delay, the Seller will send the Buyer a confirmation of receipt of the order. This confirmation does not constitute acceptance of the order. The order is only considered accepted by the Seller when the Seller declares acceptance to the Buyer by e-mail or ships the goods.
- 3 Prices and Payment
- The stated prices include value-added tax (VAT). Shipping costs and export or import charges etc. will be added. Shipping costs shall be borne by the Buyer unless free shipping has been specifically agreed between the Buyer and the Seller. Details of any additional shipping costs can be found in the information provided in the Online Shop or in the order form. Shipping costs include the costs of transport insurance obtained by the Seller.
- Unless otherwise expressly agreed, the Seller will only deliver against advance payment. The Seller issues an invoice, and the payment deadline is stated on the invoice.
- In cases where the Buyer has paid a deposit to the Seller, the Seller shall deduct this amount from the final invoice.
- If events occur as mentioned in § 13, in addition to exchange rate fluctuations, resulting in a significant increase in costs of more than for the production of the goods, the Seller has the right to adjust the price in accordance with this § 3.
- If the Seller increases the price in accordance with § 3 (4), the Buyer may choose to withdraw from the agreement.
- 4 Delivery and Transfer of Risk, Partial Deliveries
- The goods are assembled and adjusted by qualified Podbike technicians at the factory. However, certain components (e.g. battery, pedals, mirrors, wheels etc.) may be delivered as separate items. Consequently, the Buyer must install these upon receipt of the goods by following the enclosed instructions or, if needed, with external assistance from the Seller or authorised dealer.
- Delivery is deemed to have taken place when the Buyer, or the Buyer’s representative, has taken physical possession of the goods.
- The delivery date is agreed individually or as specified by the Seller when accepting the Buyer’s order. If no delivery date is agreed or specified, the Seller shall deliver the goods to the Buyer without undue delay and no later than 30 days after the purchase agreement is concluded.
- The risk for the goods passes to the Buyer when the Buyer, or the Buyer’s representative, has received the goods in accordance with this § 4.
- The Seller reserves the right to make partial deliveries. If the order is delivered in parts, the remaining goods in the order will be sent to the Buyer free of charge.
- Additional equipment, merchandise, and the E-bike are may be dispatched from different warehouses. The previous paragraph only applies to partial deliveries related to the E-bike itself. If the Buyer, simultaneously or independently of the E-bike order, orders additional equipment and/or merchandise, the Buyer must pay the shipping costs for these items.
- Unless otherwise expressly agreed, the Seller determines the method of delivery and the transport company at its reasonable discretion. The Seller bears the transport risk.
- 5 Delay and Non-Delivery
- If the delivery of the goods is delayed, the Seller will inform the Buyer as soon as the Seller becomes aware of the delay, along with information on any new anticipated delivery date.
- If the Seller does not deliver the goods or delivers them late in accordance with the agreement between the parties, and this is not due to the Buyer or circumstances on the Buyer’s side, the Buyer may, under the rules in Chapter 5 of the Norwegian Consumer Purchases Act, depending on the circumstances, demand fulfilment, terminate the agreement, and/or claim compensation from the Seller.
- Fulfilment: The Buyer may uphold the purchase and demand fulfilment from the Seller. However, the Buyer cannot demand fulfilment if there is an obstacle the Seller cannot overcome or if fulfilment would entail a disproportionately large inconvenience or expense for the Seller compared to the Buyer’s interest in the Seller fulfilling the agreement. If the difficulties cease to exist within a reasonable time, the Buyer may still demand fulfilment. The Buyer loses the right to demand fulfilment if they wait an unreasonably long time to assert the claim.
- Termination: If the Seller fails to deliver the goods on the agreed delivery date, the Buyer shall urge the Seller to deliver within a reasonable extension for fulfilment. If the Seller does not deliver the goods within this extension, the Buyer may terminate the purchase. However, the Buyer may terminate the purchase immediately if the Seller refuses to deliver the goods. The same applies if delivery at the agreed time is essential for entering into the agreement, or if the Buyer has informed the Seller that the delivery time is essential. If the goods are delivered after the extended deadline set by the Buyer, or after the delivery date that was essential for entering into the agreement, any claim for termination must be asserted within a reasonable time after the Buyer became aware of the delivery.
In the event of termination under this § 5, the Buyer shall be refunded any payment already made. The refund must be made within fourteen days from the date the Seller receives valid notice of termination. - Compensation: The Buyer may claim compensation for any loss suffered as a result of the delay. However, this does not apply if the Seller proves that the delay is due to an obstacle beyond the Seller’s control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome in its consequences.
- For evidential reasons, any claim regarding breaches of contract should be made in writing.
- 6 Defect in the Goods
- If there is a defect in the goods, the Buyer must notify the Seller within a reasonable time after it was discovered or should have been discovered, stating that the Buyer intends to invoke the defect. The Buyer will always have given notice in time if it is given within two months of when the defect was discovered or should have been discovered. A claim may be brought no later than two years after the Buyer took possession of the goods. (Additional rights for customers living in Norway: If the goods or parts thereof are intended to last substantially longer than two years, the notice period is five years.)
- If the goods are defective and this is not due to the Buyer or circumstances on the Buyer’s side, the Buyer may, under the rules in Chapter 6 of the Norwegian Consumer Purchases Act, depending on the circumstances, withhold payment, choose between repair and replacement, demand a price reduction, demand termination of the agreement, and/or claim compensation from the Seller.
- Repair or replacement: The Buyer may choose whether to demand that the defect be rectified or delivery of equivalent goods. However, the Seller may oppose the Buyer’s claim if its implementation is impossible or would impose disproportionate costs on the Seller. Repair or replacement must be carried out within a reasonable time.
- Price reduction: If the goods are not repaired or replaced, the Buyer may claim an appropriate price reduction, meaning that the ratio between the reduced and the agreed price corresponds to the ratio between the value of the goods in defective and contractual condition. If particular reasons so indicate, the price reduction may instead be set equal to the defect’s significance for the Buyer.
- Termination: If the goods are not repaired or replaced, the Buyer may also terminate the purchase if the defect is not insignificant.
- For evidential reasons, a claim under this § 6 should be made in writing.
- 7 Right of Withdrawal
- If the agreement is deemed a distance sale, it is covered by the Norwegian Right of Withdrawal Act. Under this Act, the Buyer may, without providing a reason, cancel the purchase of the goods even if no defect is present. The Buyer may also cancel the purchase before the goods are delivered.
- The Buyer is responsible for the costs of the return shipment.
- Further information and conditions relating to the right of withdrawal can be found in the attached form providing information on the right of withdrawal.
- A withdrawal form (Angreskjema) that the Buyer may use to exercise the right of withdrawal is attached to these Standard Terms of Sale.
- 8 Seller’s Rights in the Event of Buyer’s Breach
- If the Buyer fails to pay or otherwise fulfil obligations under the agreement and the law, and this is not due to the Seller or circumstances on the Seller’s side, then according to the rules in Chapter 9 of the Norwegian Consumer Purchases Act, the Seller may, depending on the circumstances, withhold the goods, demand fulfilment of the agreement, terminate the agreement, and/or claim compensation from the Buyer. The Seller may also, depending on the circumstances, claim interest on overdue payment, collection fees, and a reasonable fee for uncollected goods.
- Fulfilment: The Seller may uphold the purchase and require the Buyer to pay the purchase price. If the goods have not been delivered, the Seller loses this right if the Seller waits an unreasonably long time to assert the claim.
- Termination: The Seller may terminate the agreement if there is a material breach of payment or other material breach by the Buyer. However, the Seller may not terminate if the full purchase price has been paid. If the Seller sets a reasonable additional deadline for payment, and the Buyer does not pay within this deadline, the Seller may terminate the purchase.
- Interest on overdue payment/collection fee: If the Buyer fails to pay the purchase price according to the agreement, the Seller may charge interest in accordance with the Norwegian Act on Overdue Payment Interest. In case of non-payment, the claim may, after prior notice, be sent to the Buyer, who may then be held liable for collection fees in accordance with the Norwegian Debt Collection Act.
- Fee for uncollected goods not paid in advance: If the Buyer fails to collect unpaid goods, the Seller may charge the Buyer a fee. This fee shall at most cover the Seller’s actual expenses for delivering the goods to the Buyer. Such a fee cannot be charged to buyers under the age of 18.
- 9 Retention of Title
If the Buyer has not prepaid the goods, and unless otherwise agreed, the Seller retains ownership (salgspant) in the delivered goods as security for the purchase price, including interest and costs, until full payment is made, cf. the Norwegian Mortgages and Pledges Act (panteloven) §§ 3-14 et seq.
- 10 Industrial Rights and Copyrights
- The Buyer is granted a non-exclusive right to use the software supplied with the goods in connection with their use (e.g. motor control and display software).
- The Buyer is not entitled to adjust, modify, or otherwise alter the software.
- The Buyer may only transfer the rights granted to the software to a third party if ownership of the relevant goods is transferred to that third party at the same time, and the Buyer does not retain any copies of the software.
- The Seller is not obliged to disclose the source code for the software.
- 11 Data Protection
The Seller is the data controller for any personal data collected. By accepting the Seller’s Standard Terms of Sale, the Buyer consents, in accordance with the Norwegian Personal Data Act (personopplysningsloven), to the storing and processing of the Buyer’s personal data. The Seller may only process and store personal data that is necessary for the Seller to fulfil its obligations under the agreement. Please read the Seller’s privacy policy here.
- 12 Force Majeure
If the Seller is prevented from delivering or from performing a mandatory replacement delivery, or if such delivery obligation becomes unreasonably burdensome due to labour conflict or any circumstance beyond the Seller’s control—such as fire, war, mobilisation or unforeseen military call-ups of a comparable scope, requisition, seizure, currency restrictions, riots and civil unrest, scarcity of transport, general shortage of goods, restrictions in fuel supplies, as well as defects or delays in deliveries from subcontractors or manufacturers due to such circumstances as mentioned in this clause—the Seller is exempt from all liability except in cases of defects for which the Seller is obliged to credit the claim up to the purchase price of the defective goods.
- 13 Dispute Resolution
In the event of any disputes arising in connection with the agreement between the Buyer and the Seller, Norwegian law shall apply. The dispute shall be resolved by the ordinary dispute resolution bodies and courts.
Effective from 10/04/2025