Terms of Sale | Fisker, Inc.
Terms of Sale
Effective December 12th, 2022
Whenever you buy a product (excluding a Home Charger) from the Fisker e-commerce store (the “Fisker Store”), you will be contracting with Fisker Group Inc. (“Fisker”), a company incorporated in the State of California with its principal address at 1888 Rosecrans Avenue, Manhattan Beach, California 90266.
For customers in Austria:
Whenever you buy the Fisker Wallbox Pulsar Max Home Charger from the Fisker e-commerce store (the “Fisker Store”), you will be contracting with Fisker GmbH (“Fisker Austria”), a company incorporated in Austria with its principal address at Liebenauer Hauptstraße 317 8041 Graz Austria.
For customers in Germany:
Whenever you buy the Fisker Wallbox Pulsar Max Home Charger from the Fisker e-commerce store (the “Fisker Store”), you will be contracting with Fisker GmbH (“Fisker Germany”), a company incorporated in Germany with its principal address at Am Ausbesserungswerk 8, in 80939 München.
You will look solely to Fisker and Fisker Austria or Fisker Germany concerning any disputes, claims, and causes of action arising out of or connected with your purchase of a product from the Fisker Store. The Fisker Store is part of the Fisker Properties, and your activity on this page is subject to the Fisker Terms of Use and Privacy Policy.
1. General Requirements
By placing an order through the Fisker Store, you represent and warrant that:
• You are at least 18 years of age (19 in Alabama and Nebraska; 21 in Mississippi).
• If you are an individual consumer, the product is being ordered solely for your personal use. You will not market, resell or otherwise distribute the product to any third-party for commercial purposes.
• If you are a business, the product is being ordered solely to promote your products or services by distributing the product to your customers and others at no cost to the recipient as business gifts or advertising items.
2. Product Descriptions
We endeavor to ensure that every product in the Fisker Store is shown accurately and that prices are correct. However, occasionally there may be minor variations, for instance in color, typeface, or layout.
3. Placing Your Order
When you place an order, we will send you an order acknowledgment by e-mail. This will detail the products you have ordered. Please note that your completion of the online checkout process or an online purchase order does not constitute our acceptance of your order. Our acceptance of your order only takes place when we ship it. Therefore, a ‘purchase contract’ between you and Fisker or you and Fisker Austria or Fisker Germany is made at the point of shipment, rather than at the point of payment. If you have canceled your order, or if we notify you that we cannot accept your order, then no purchase contract will have been made. From time to time, we may not be able to accept an order for the following reasons: (a) where we cannot obtain authorization for your payment; (b) if you do not meet any eligibility criteria set out in these Terms of Sale or our Terms of Use. We reserve the right to cancel your order at any time and issue a full refund.
4. Payment
You can pay for products using major credit or debit cards, or through digital platforms including PayPal, ShopPay, or GPay.
5. Price and Sales Tax
All prices shown in the product checkout screen include sales tax and any deposit fees at the prevailing rate, if applicable. Prices are subject to change.
6. Shipping
Shipping charges, when applicable, will be added to your order and will be disclosed at the checkout page. Generally, orders are delivered within a week, but please allow 2 to 3 weeks from the date of placing your order for your items to arrive. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which are not received.
7. Circumstances Beyond Our Control
For orders requiring shipping, neither we, nor any courier or carrier service that we use, shall not be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control; these circumstances to include but not be limited to any adverse weather conditions, such as snow, flood, extreme winds, fire, explosion, accident, traffic congestion, obstruction of any private or public highway, acts of governmental authorities, pandemic, riot, terrorism, act of God, or from any industrial dispute or strike.
8. Changing or Cancelling an Order
We can assist with making changes to order quantities or shipping addresses until 4:30pm Pacific Time on the day the order was placed. Please contact our Customer Service Team using the Contact Us form, who will be happy to assist.
9. Returns and Refunds
In the rare case that you are not satisfied with your order, please contact us within 5 days of receipt of your order, using the Contact Us form on the Fisker website or calling our Customer Service Department at +1 (833) 434-7537. You will need to quote your order number. Unfortunately, we cannot accept returns outside of 30 days of receipt.
Where an item is faulty, if you are eligible for a refund, we will reimburse the price you have paid for the product or products via your original method of payment. Alternatively, we may offer a coupon or voucher (if applicable) and resend the item free of charge. Please note, it is not our policy to offer both a refund and a resend. We reserve the right to refuse a refund request. You can request a refund by calling (833) 434-7537 or by using our Contact Us form.
If you are a consumer with residency in Europe, please refer to the below stated Withdrawal clause.
10. Credit Card Transactions
Your card details are not recorded or stored in our database. They are encrypted and are transferred securely to our payment processing provider for immediate authorization. Once we have received authorization from the payment service provider, we will confirm your order.
11. Your Privacy and Security
Fisker is committed to protecting your privacy. We will use the information that we collect when you make a purchase as provided in our Privacy Policy.
12. Europe specific Withdrawal clause
Withdrawal
If you are a consumer with residency in Europe, i.e. a natural person who enters into this contract for purposes that are predominantly not related to his or her commercial or independent professional activity, you have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the good.
To exercise your right of withdrawal, you must inform us – Fisker GmbH, e-mail: withdrawal.europe@fiskerinc.com- of your decision to withdraw from this contract. You can use the model withdrawal form below for this purpose, but it is not mandatory. You can also fill out and submit the model withdrawal form or another clear declaration electronically. If you make use of this option, we will send you a confirmation of receipt of such revocation as soon as possible (e.g. by e-mail).
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of your right of withdrawal before the expiry of the withdrawal period.
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the purchase, unless expressly agreed otherwise with you. In no case will you be charged for the repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods. You shall only have to pay for any loss in value of the goods if this is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Sample cancellation form - Austria
If you wish to revoke the contract, please fill out this form and return it to:
Fisker GmbH; Liebenauer Hauptstraße 317 8041 Graz Austria, e-mail: withdrawal.europe@fiskerinc.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following product(s) (*)/the provision of the following service(s) (*)
………………………………………………………………………………..
Ordered on (*) / received on (*)
………………………………………………………………………………..
Name
………………………………………………………………………………..
Address
………………………………………………………………………………..
Signature(s) (only for communication on paper)
………………………………………………………………………………..
Date
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(*) Delete where not applicable
Alternatively, you can use this free text field:
Sample cancellation form - Germany
If you wish to revoke the contract, please fill out this form and return it to:
Fisker GmbH; Am Ausbesserungswerk 8, in 80939 München, e-mail: withdrawal.europe@fiskerinc.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following product(s) (*)/the provision of the following service(s) (*)
………………………………………………………………………………..
Ordered on (*) / received on (*)
………………………………………………………………………………..
Name
………………………………………………………………………………..
Address
………………………………………………………………………………..
Signature(s) (only for communication on paper)
………………………………………………………………………………..
Date
………………………………………………………………………………..
(*) Delete where not applicable
Alternatively, you can use this free text field: