Information about Colibri and these Delivery Terms
These Delivery Terms (the "Delivery Terms") are provided by COLIBRI TECH S.R.L.
("Colibri", "us", "our" or "we").
You may contact us by using any of the contact details set out below ("Contact Information"):
Email address: [email protected]
Agreeing to the Terms
A binding agreement is entered into once you have made an online order of a Product, approved the Terms on the Site, and Colibri has confirmed the order through a confirmation email whereupon these Terms enter into force between the Parties.
Changes to the Terms
We may modify these Terms at any time. In the event of changes which are not minor and may affect you, you will be notified via email. We will then inform you that it is important to object if you do not approve of the changes. The latest version of the Terms will be available on the Site
"Contact Information" means the information set out above.
“Delivery Terms” means the terms found here.
"Functions" means functions on the Site.
"Products" means the products described under section "Products" below which we have made available through the Site, together with any such other related equipment, services and information made available by us to you.
"Site" means our website rideColibri.com relating to the Products.
Products and Order
Description of Products
We provide electric motorbikes and related equipment (the "Products"). More information about the Products can be found on the Site.
Order of Products
We ask you to order the Products in accordance with the instructions on the Site. When you are placing your order, you will be required to provide certain information, such as your address and billing information. It is your responsibility that all such information is accurate, and you shall ensure that such information is kept up-to-date.
Colibri shall have no responsibility or liability for inaccurate information that later becomes outdated. Colibri shall have no obligation to make efforts to determine the correct contact or shipping information.
You can update your information at any time prior to your product being shipped by sending e-mail to [email protected]
After submitting your order, we will send you an order confirmation email, at which point this agreement will enter into force. If we are unable to confirm your order, we will inform you of this via e-mail and will not charge you anything.
We are entitled to decline or adjust an order from you in the event that you provide us with untrue, inaccurate, not current, or incomplete information when placing an order. This shall also apply if you fail to comply with these Terms (for example if you have not paid for the Products in time) or other mandatory provisions by law. Upon occurrence of any of these events, we will contact you and request that you remedy your breach of these Terms.
Delivery of Products
Although Colibri will make efforts to begin delivering your Products or other product as soon as reasonably practicable, you understand and agree that there may be delays. Our indicated estimated time of delivery (ETD) is only an estimate and subject to change. Colibri does not guarantee that it will be able to ship the Product by the estimated date.
As a result, in the event that a delay arises and the estimated shipment date and/or release of the Product is not met, Colibri shall not be liable for any damages that may occur as a result of the delay, nor shall it be obligated to provide any discounts, refunds, or credits because of any such delays. Colibri will provide you periodical updates with information regarding the delivery schedule.
You can read our Delivery Terms here and the shipping costs are indicated at check-out. Some alternatives may involve a freight cost, which in such a case is clearly stated when ordering. The expected delivery time is specified during the order process.
We try our best in providing tracking information for your order, but unfortunately not guarantee that it will be enabled or provided for your purchase. Please email Colibri customer service for tracking information: [email protected]
We have the right to charge you for any handling costs arising when you do not pick up your ordered Products in time from the place of delivery following transport of the Products. Colibri will not refund any shipping costs if you fail to collect your Products.
We offer the Products to individuals acting as consumers (as defined under applicable local law), companies, and other legal entities.
By ordering the Products on behalf of a legal entity, you warrant that you are authorized to enter into these Terms on the behalf of the legal entity as well as to use all Functions. If you are a business customer these Terms constitute the entire agreement between us, unless otherwise set out in mandatory law.
Use of the Functions
When you use the Functions, you must always comply with all applicable laws, regulations and public orders. You shall not access the Site other than through interfaces provided by us and as otherwise expressly authorized under these Terms. You may not use the Functions in a manner contrary to our, or any third party's, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time.
PRICES AND PAYMENT
You must pay all applicable fees as set out and described on the Site for the Products that you have selected. The prices for the Products are set out on the Site and exclude any explicitly set out relevant delivery costs, value added tax (VAT) or other fees and taxes (as applicable). The price of the Products provided to you will be the price indicated on the order pages when you placed your order.
We have the right to change the prices for the Products. If we change the prices, we will notify you in advance. By continuing to order the Products after the price changes come into effect, you agree to be bound by the new prices.
Payment for the Products shall be made in accordance with what is set out below. Depending on the type of Product you order, the order value, and our stock levels, different payment terms may apply. The currency used depends on where the item is being delivered/purchased to/from.
For our parts and gear, we normally charge full payment at the time of placing the order.
Deposit and Final Payment
When you order an electric motorbike, we might ask you to place a 500 USD / EUR non-refundable deposit to secure the order. The deposit will be clear against the final payment of the order.
When your electric motorbike is ready for shipment, we will contact you to settle the final payment, which will be made either by invoice, by charging your card, or as otherwise agreed between Colibri and you. When the payment is received by Colibri, the order will be shipped to the agreed address.
We accept different payment methods as they become available, as set out on our Site from time to time. Acceptable payment methods are always those displayed at checkout at the time of your purchase. Please note that the final payment (in case of deposit) may be settled by invoice.
We do our best to make the Site as secure as possible. All credit/debit card transactions on the Site are processed using third-party payment providers, with a secure online payment gateway that encrypts your card details in a secure host environment. You confirm that the credit/debit card or other payment method that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Colibri, your order will be canceled.
We are not responsible for any charges or penalties which may be imposed by the payment provider as a result of payment being processed in respect of your order.
In the case of a refund we will take a no fault attitude and refund your order within 30 days. In the case of a refund before shipment we will sustract the costs of transaction fees from your order.
Customs charge, duties, fees and taxes
Please note that value added tax (VAT), potential customs charges, duties, other fees and taxes may apply to your purchase. Such costs will only be included when explicitly set out in our Delivery Terms or at check out.
You are responsible for your use of the Product.
Please note that multiple laws and regulations apply to the use of vehicles, and that such laws and regulations differ between territories and jurisdictions. For example, in some jurisdictions, you must register the vehicle with the local vehicle authorities before you use the vehicle, in others it is mandatory to have insurance. You are at all times responsible for your use of the Product and adhering to any laws, rules, regulations and standards applicable to the territory where you will use the Product. Colibri makes no representations, expressed or implied, in this regard unless Colibri has explicitly undertaken to assist you in any registration procedure or otherwise. Accordingly, before making your purchase, please make sure of all the necessary steps you have to take in order to enjoy your Product. Please contact [email protected] if you have any questions.
Colors, written errors, and images
Colibri's goal is to describe the Products at the Site as correctly as possible. However, please note that due to the color settings of your computer, the colors of the products shown in the pictures on the Site can differ somewhat from their actual colors. Colibri cannot be held responsible for any such discrepancy.
All details, such as specifications and third party manufacturing brands are subject to changes. Replacement details or parts will always be equal to the parts stated previously.
Lights, such as the headlight, turn signals, and more, are subject to change based on local regulations around the world. This means that lights on delivered products might be different to the lights shown in pictures on the Site.
Written errors can occur due to human factors, third party information, or broken integrations, codes or automatic updates.
Colibri tries its best to display free of error texts, images, stock, as well as prices, for products, shipping, on the Site. If your order includes an error such as the payment, product, quantities - don't worry, please email us at hell[email protected] to solve and adjust the error for all parties.
Oversubscription and delivery priority
Colibri may decline payment of a deposit to avoid oversubscription of Colibri's electric motorbikes. If your payment of deposit is declined, you will be notified and your deposit will be refunded, in the same currency as paid.
If Final Payment (as defined above) has been received at the same time as another buyer has paid his or her Final Payment, the buyer that paid his or her deposit first is considered first of the two and will be prioritized in delivery of the Colibri electric motorbike.
Colibri offers a Limited Warranty on the electric motorbikes.
Please read more here.
Products are defect in the following events:
Batteries are a complex technology, and several variables contribute to the battery performance and the performance of our electric vehicles. All rechargeable batteries are consumables and have a limited lifespan. This means that eventually, the battery's capacity and performance will decline such that it will need to be replaced. As the battery's performance changes, it may affect the performance of the electric vehicle.
We take pride in our Products and our batteries. Accordingly, the performance of our batteries is covered by our Limited Warranty. Please read more here.
Old batteries make perfect sense somewhere else, recycled or in other configurations where the cells are not required to have the same power density as in a vehicle.
In the event that you consider the Product to be defective, you may make a complaint by contacting us, see Contact Information. You have to make the complaint within a reasonable time. You cannot make complaints in relation to defects discovered more than three (3) years after the purchase occasion of the Products. You must define, when making the complaint, and, if necessary, also show, how the circumstance of the complaint is manifested.
Your rights in the event of defects
If you complain about the Products and provide the requested documentation, Colibri will investigate the complaint and notify you by email within a reasonable time (normally within 30 days) if the complaint can be accepted and inform you about the planned remediation process. Should Colibri find that you are entitled to a full or partial refund due to the complaint, the payment of the refund will be made as soon as possible.
Order cancellation and right to withdrawal
All customers within the EU, Norway, and the UK who are consumers, have a statutory right to cancel and return (right to withdraw) an order for any reason within 14 days from the day of delivery of such order. Colibri has decided to extend the right to withdrawal to any US customers who are consumers. Any invocation of such right of cancellation/withdrawal is preferably made through the contact form, The Romanian Consumer Agency's (ANPC) Standard form or by contacting [email protected]. Upon contacting Colibri regarding your withdrawal, we will get in touch with you.
If you use your right to withdraw, we will reimburse all payments received from you provided that the Products are returned in an unchanged condition in fully intact original packaging and accompanied by the original packaging documents and invoice. Refunds will be processed by using the same means of payment as you used for the initial transaction, as soon as possible when we have received the returned Products. Shipping charges on returned items are at the customer's expense. Please note that Colibri will not reimburse any costs you have had in relation to customs offices or similar charges.
The above stated right of withdrawal is not applicable in cases where the Product is made to order or clearly personalized.
In case of a cancellation or withdrawal of an order, Colibri reserves the right to withhold any advance payment made for such order, or make charges to the customer, to cover any administrative costs, freight costs, and handling costs due to the return of the ordered Product.
Limitation of liability
Sometimes we may rely on third party services and/or product providers. Such providers act beyond our reasonable control, and we shall not be held liable for any damages caused by an action or omission attributable to them.
If you are a consumer, we only supply the Products to you for private use. If you purchase the Products as a non-consumer or otherwise use the Products for any commercial, business and/or resale purpose, our liability to you will be limited as follows:
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the purchase value.
Defects and delays beyond our control (force majeure)
We are not responsible for delays and defects outside our control. If our suppliers are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided that we do this, we will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay you may contact us to cancel the order and receive a refund for any Products you have paid for but not received.
YOUR USE OF THE PRODUCTS
Our bikes can be hazardous to operate, and we care about your safety, so please note that:
All riders should ride well within the limits of their abilities, never beyond them.
Our electric motorbikes are recommended for those aged 18 years and older.
Have the license the bike requires.
We recommend that all riders take a relevant training course.
Make sure that you ride in a permitted area. Always follow your local regulations.
Always wear a certified DOT helmet, eye protection and protective clothing, including an approved back protector.
Never carry passengers if the motorbike is registered for only one rider.
Never engage in stunt riding.
Never ride in conjunction with alcohol or drugs. It is illegal and dangerous.
Avoid excessive speed and be particularly careful on difficult terrain.
Don't modify your bike. All modifications and installations are at your own risk.
Never change the voltage level or tamper with the battery. Doing so can result in a short circuit, fire and/or personal injuries.
By purchasing and/or riding our bikes, you take full responsibility for any use, and/or misuse of the product and agree that Colibri Tech SRL holds no responsibility for any consequences, legal, or other, of such use and/or misuse.
Finally, read the owner's manual carefully, follow all instructions therein and enjoy your Colibri electric motorbike!
PROPERTY AND INTELLECTUAL PROPERTY RIGHTS
The Site is owned and operated by Colibri. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented in the Functions (including titles, graphics, icons, scripts, source codes etc.) are our property or third party licensors' property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without prior written permission.
Respect for our property
You must not tamper with, attempt to gain unauthorized access to, modify, hack, repair or otherwise adjust any of our material, hardware, source-codes or information for any purposes.
Respect for our intellectual property
The Products and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. You may not use our exclusive property for commercial or any other purposes without our written consent.
Unless contrary to any mandatory consumer legislation applicable to the purchase, Romanian law shall apply to these Terms and our legal relationship in general.
COMPLAINTS AND DISPUTES
If you have any complaints, please contact our support department by sending an email to [email protected]. You may also contact us by filling out the contact form on our Site.
We will always first try to solve your complaints through discussions between you and our support department. In the event of a complaint or dispute you – as a consumer - may, however, always contact ANPC - The National Agency of Consumers rights Disputes regarding the interpretation and application of these Terms between a consumer and Colibri may be resolved by the ANPC or by the competent ordinary court. Any dispute, controversy or claim arising out of or in connection with these Terms or your purchase shall be settled by a Romanian court of general jurisdiction and shall be the court of first instance.
Please also note that consumer disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at ec.europa.eu/consumers/odr.
Colibri Tech SRL is an entity registered in Romania.
Registered address: Str. Maior Gheorghe Șonțu, nr. 6, etaj 4, Sector 1, București, România
Reg. No: J40/8327/2022
Information about Colibri and these Delivery Terms
These Delivery Terms (the "Delivery Terms") are provided by ("Colibri", "us", "our" or "we").
You may contact us by using any of the contact details set out below ("Contact Information"):
Email address: [email protected]
Agreeing to the Delivery Terms
Unless we have agreed in writing to other terms for the delivery, these Delivery Terms are applicable to your online order of a product and will apply when you have approved the Terms & Conditions and these Delivery Terms on the Site and Colibri has confirmed the order through a confirmation email. Please note that in addition to these Delivery Terms and the Terms & Conditions, terms applicable in check-out, such as price for shipping, are applicable to your purchase.
Changes to the Delivery Terms
We may modify these Delivery Terms at any time. In the event of changes which are not minor and if they will affect your order, you will be notified via email. We will then inform you that it is important to object if you do not approve of the changes. The latest version of the Delivery Terms will be available on the Site.
The terms of delivery vary depending on where in the world you want the electric motorbike to be delivered. Please note that Colibri does not accept delivery to post office boxes due to restrictions by courier services and credit card scam risks.
Sending orders to multiple addresses requires placing an order for each address. No combinations are possible and there will be charges for every order.
USA & Canada
Orders destined for the USA and Canada are shipped from a US location to the nearest collection point before using ground shipping for final delivery. When shipment has been initiated, it normally takes around ten to fourteen working days for delivery of Colibri's electric motorbikes. Additional fees and taxes may be added depending on the country/state.
All Colibri products in countries belonging to the EU will be delivered DDP, Delivered Duty Paid, according to Incoterms 2010 to the address of the buyer. Orders within the EU are shipped using ground shipping. When shipment has been initiated, delivery normally takes approximately five to seven working days for Colibri's electric motorbikes and less for other products.
Iceland, Norway, Switzerland, and United Kingdom
Orders to Iceland, Norway, Switzerland and the United Kingdom will be shipped DAP, Delivered At Place, according to Incoterms 2010. This means that we do not collect VAT, duties and/or taxes when you make your purchase. Prices are adjusted to make the overall cost for customers the same for orders in Iceland, Norway, Switzerland and the United Kingdom and countries within the European Union where the VAT is included in the price. Orders are shipped using ground shipping. When shipment has been initiated, delivery normally takes approximately five to seven working days for Colibri's electric motorbikes and less for other products.
Additional fees, customs charges, and taxes may occur depending on the country. Please note that in the event such customs charges apply, you have to pay the charges in order for your package to clear customs.
Rest of the world
Orders to other countries than those mentioned above will be shipped DAP, Delivered At Place, according to Incoterms 2010. This means that we do not collect VAT, duties and/or taxes on orders and we cannot predict what your particular charges may be.
When shipment has been initiated, delivery normally takes approximately fifteen working days for Colibri's electric motorbikes to be delivered. Other fees may be added depending on the country.
Additional fees, customs charges, and taxes may occur depending on the country. Please note that in the event such customs charges apply, you have to pay the charges in order for your package to clear customs. Please contact your local customs office for more information.
Prices for shipping
Depending on your delivery address the cost of shipping your electric motorbike has a fixed price, as indicated at the time of purchase, if not otherwise agreed between Colibri and you.
Unless contrary to any mandatory consumer legislation applicable to the purchase, Romanian law shall apply to these Delivery Terms and our legal relationship in general.
CONDITION OF LIMITED WARRANTY
Colibri hereby warrants that all factory manufactured Colibri vehicles purchased through a Colibri authorized sales channel are free from defects in material and workmanship during the period of this Limited Warranty, subject to certain limitations stated herein.
This warranty applies only if the Colibri vehicle has been operated according to “proper use” and “under normal operating conditions”, e.g. following normal operational care and following instructions in any manual or documentation provided, or made available, by Colibri from time to time.
Warranty claims will only be processed through a "warranty claim" and is only valid to the original buyer.
This warranty covers separate parts only, including battery, motor, controller, frame, front and rear suspension, brakes, wheels and electrical sub-assemblies. The warranty does not cover damages caused by normal wear and tear.
The warranty does not apply in the event of crashes, damages, abuse, neglect, carelessness, using the product in any way other than intended, replacement with any part or accessory other than original Colibri parts and products, attempt of reparation or modification unless expressly permitted in writing by Colibri.
Any modification to the Colibri vehicles, or riding with damaged parts, will deem the warranty null and void, as modifications and broken parts may cause the motorcycles to malfunction and risk the safety of the rider.
PERIOD OF WARRANTY
Colibri street legal vehicles: 24 months from the original shipment date, or date of purchase through retailer, or 30 000 km, whichever comes first, provided that the vehicle has not been used in off-road applications
Colibri off-road vehicles and street legal vehicles that have been used in off-road applications: 1 month from the original shipment date, or date of purchase through retailer
Colibri battery packs: 24 months from the original shipment date, or date of purchase through retailer, or 30 000 km, whichever comes first, where batteries are subject to warranty (subject to the limitations listed above) in case of a battery that exhibits a nominal storage capacity reduction of greater than 30% of the published nominal capacity
Colibri guarantees to the customer that the vehicle is defect-free both in terms of material and workmanship from the factory. Any part found to be defective during the vehicle stated warranty period subject to the limitations of this warranty policy will be repaired or replaced free of charge.
In the United Kingdom all warranty obligations and standards are followed according to the ‘Plug-in Motorcycle Grant Vehicle application form and guidance notes Version 2.1'.
GENERAL EXCLUSIONS FROM WARRANTY
This warranty does not cover failures resulting from, or caused by:
Owner is responsible for maintaining the vehicle in accordance with the owner's manual
Owner is responsible for the costs of maintenance to the vehicle including service Failures caused directly by lack of maintenance or improper maintenance will void the warranty
If warranty repairs are needed, they must be performed by an authorized Colibri service center
Inform Colibri within ten (10) days after discovery of any defective parts that are suspected to be covered by this warranty
LIMITATIONS ON WARRANTY
This limited warranty does not cover any incidental or consequential damages, including loss of value of the Colibri motorcycle, lost profits or earnings, out-of-pocket expenses for substitute transportation or lodging, expenses associated with returning the covered product to an authorized service facility or dealer, towing and/or roadside assistance expenses, expenses associated with returning the covered product back to its owner, mechanic's travel time or communication charges, loss or damage to personal property, loss or time, or inconvenience.
Colibri street legal vehicles: The greater of i) whatever portion of the warranty remains as if you were the original owner, or ii) 12 months or 15 000 km from the original shipment date, whichever comes first. The warranty applies provided that the vehicle has not been used in off-road applications.
Colibri off-road vehicles and street legal vehicles that have been used in off-road applications: 1 month from the original shipment date, or date of purchase through retailer.
Colibri battery packs: Whatever portion of the warranty remains for the battery as if you were the original owner (i.e. whatever months remain until 24 months or mileage until 30 000 km, whichever comes first), where batteries are subject to warranty (subject to the limitations listed above) in case of a battery that exhibits a nominal storage capacity reduction of greater than 30% of the published nominal capacity. If the battery pack has been replaced with a new battery pack: 24 months from the original shipment date, or date of purchase through retailer, or 30 000 km, whichever comes first, where batteries are subject to warranty (subject to the limitations listed above) in case of a battery that exhibits a nominal storage capacity reduction of greater than 30% of the published nominal capacity.
Colibri is responsible for personal data related to the services. However, other processors or co-responsible parties can act with personal data.
“Personal Data” means any and all information, which can be directly or indirectly linked, to a living natural person.
We strive to maintain a high level of protection of personal privacy. Colibri uses personal data primarily to administer, provide, develop and maintain the services, process your reservations, optimize your experience with respect to the services and individualize the communication with you.
If a more specific consent is required from you by law, we will of course ask you for such specific consent.
The Privacy Terms state the basis for the manner in which we process Personal Data that you provide to us when you use the Services or that we collect regarding you.
Thus, with respect to some of our Services, there are also separate terms and conditions for the processing of Personal Data that you accept when you use each Service.
If you add Personal Data regarding other people, you are responsible for ensuring that Colibri may also process that Personal Data in accordance with the applicable Privacy Terms.
Collection and processing of personal data
Colibri collects and processes your Personal Data only where permitted by law. The collection and processing may take place when you use the services.
We use various methods to collect Personal Data such as cookies, web beacons, customer surveys and membership services. At various times, Colibri compiles or imports Personal Data from databases (e.g. from Facebook or Google) within and outside Colibri. From time to time we receive Personal Data regarding you from companies within Colibri, cooperation partners and other information that may be added to your profile (if a profile has been created).
It is important for Colibri to keep your Personal Data up to date and accurate at all times. That is why we may import Personal Data about you from external sources such as public registers.
When the law requires that consent be obtained for the processing of certain types of Personal Data or for certain forms of processing, consent will be obtained from you before processing takes place.
By proceeding to the checkout to buy an item the information typed in, in the checkout columns is saved as long as the information is useful for Colibri or when the customer wants the information deleted.
Useful cases are eg: abandoned shopping carts that occur because of technical issues, unexpected situations in the surroundings in conjunction when placing the order or when the customer has questions before the item(s) is bought and don't find the answer. Therefore we will try our best to follow up and give the customer the best possible service to help them place an order if they're interested. If you have heard from us and want to be deleted, please email us at: [email protected]
Information from and about you that we collect and process
The information we may collect is, for example, information regarding name, address, telephone number, email address, IP address, information to facilitate the use of the Services (such as login), default language, user history, payments and other information you provide when using the Services.
Examples of Personal Data collected from companies outside Colibri may include updated address information and demographic information.
You can change your choice by amending your browser settings at any time. If you disable cookies that we use, this may impact your user experience while on the Colibri site.
What are cookies and what are they used for?
Cookies are small text files which are sent to and stored on your device (mobile phone, computer or tablet).
Some of the cookies are necessary to enable you to use the site's full functionality, while others are used in order to improve your user experience and facilitate navigation on the site.
There are two types of cookies: permanent and temporary (so called session cookies).
Permanent cookies are saved as a file on your device for a longer period of time in order to customize the site according to your wishes, selections and interests. They are used, for example, in connection with functions that tell you what is new since you last visited the site. When the expiration date is exceeded, the cookie is deleted when you return to the site that created it.
Session cookies are placed temporarily on your computer when you visit the site, and are sent between your computer and the server during the time you visit the site and are deleted when you close your browser. These cookies are used, for example, to keep track of what language you have selected.