GENERAL

Information about Cake and these Delivery Terms
These Delivery Terms (the "Delivery Terms") are provided by Cake 0 Emission AB, corp. reg. 559014-2682 ("Cake", "us", "our" or "we").

Contact information

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 Cake has confirmed the order through a confirmation email whereupon these Terms enter into force between the Parties.

The use of our Site and its Functions is conditional on your agreement to these terms of use applicable to the Site and the Functions, included in these Terms.

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.

Definitions
"Contact Information" means the information set out above.
“Delivery Terms” means the terms found here
"Functions" means functions on the Site.
"Privacy Policy" means our Privacy Policy (which can be found here which describes how we process personal data.
"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 ridecake.com relating to the Products.

PRODUCTS AND ORDER

Description of Products

We provide electric motorbikes and thereto 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.

Cake shall have no responsibility or liability for inaccurate information that later becomes outdated. Cake 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 e-mail, 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 Cake 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. Cake 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, Cake 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. Cake 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 Cake 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. Cake will not refund any shipping costs if you fail to collect your Products.

YOUR OBLIGATIONS

Eligible customers

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

Price information

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 include 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 information

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.

Full Payment
For our parts, apparel 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 Cake and you. When the payment is received by Cake, the order will be shipped to the agreed address.

Payment methods
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 authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Cake, 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.

Please note that we use third-party payment providers for our payment methods. In order to offer you such payment methods and process your payment, we will during the checkout transfer your personal data, such as contact details and order details, to the payment provider. This is necessary in order for the payment provider process your payment, to assess whether you qualify for their payment methods, and/or to tailor the payment methods for you. The payment provider’s processing of your personal data is conducted in line with each payment provider’s privacy policy.

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.

DISCLAIMER

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. Cake makes no representations, expressed or implied, in this regard unless Cake 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

Cake’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. Cake cannot be held responsible for any such discrepancy.

All details, such as specifications and third party manufacturing brands are subject to changes. Replace 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 factor, third party information, or broken integrations, codes or automatic updates.

Cake 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 [email protected] to solve and adjust the error for all parties.

Oversubscription and delivery priority

Cake may decline payment of a deposit to avoid oversubscription of Cake’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 Cake electric motorbike.

Makka Polestar edition by CAKE disclaimer

The Makka Polestar edition is not a Polestar product. Except for the limited design elements contributed by Polestar, this item was designed, engineered and manufactured by Cake, according to its own specifications, standards, and guidelines.

Polestar did not substantially contribute to the design, engineering, manufacture, or assembly of the product, and only contributed to limited design elements.

OUR LIABILITY

Warranty

Cake offers a Limited Warranty on the electric motorbikes.
Please read more here.

Defects

Products are defect in the following events:

• It is not compliant with what we have agreed, with regard to quantity or quality.
• There is no user manual.
• We have not informed you about details about the Products which you ought to have been informed about.
• It is in worse condition than you could have predicted based on the Products' price, age, and other conditions.

Batteries

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 change, 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. Cake will be supportive in recycling your battery and make sure it comes in the right hands. Email [email protected] for more information.

RE:CAKE

In order to not let perfectly useful products go to waste, we have initiated the RE:CAKE product line. RE:CAKE products are pre-owned (second hand) and have been used previously. As such, they may not be in perfect condition, though we will endeavor to accurately describe the condition of all RE:CAKE products on the Site. Accordingly, please read the description of the RE:CAKE product carefully. In the event the RE:CAKE product is in worse condition than you could have predicted based on the description, you may file a complaint.

Please note that the Limited Warranty in relation to RE:CAKE products differs from the Limited Warranty in relation to other products.

CAKE Go

Please note that except for limited design elements contributed by CAKE, CAKE Go vehicles were designed, engineered and manufactured by Torrot, according to Torrot’s own specifications, standards, and guidelines. The Limited Warranty does not apply to CAKE Go products. All complaints and service matters in relation to CAKE Go shall be reported to CAKE (but may ultimately be handled by Torrot). Notwithstanding the foregoing, any complaints or service matters based on any warranty provided by Torrot shall be filed to Torrot directly (see contact details here: www.torrot.com).

Complaints

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 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, Cake will investigate the complaint and notify you by e-mail within a reasonable time (normally within 30 days) if the complaint can be accepted and inform about the planned remediation process. Should Cake 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 withdrawal) an order for any reason within 14 days from the day of delivery of such order. Cake 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 Swedish Consumer Agency's (Sw. Konsumentverket) Standard form or by contacting [email protected] Upon contacting Cake regarding your withdrawal, we will get in touch with you.

If you use your right to withdrawal, 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 Cake 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, Cake 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 re-sale 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 require.
• We recommend that all riders take a relevant training course.
• Make sure that you ride on 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 Cake 0 Emission AB 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 CAKE electric motorbike!

PRIVACY POLICY

We process your personal data in accordance with our Privacy Policy.

PROPERTY AND INTELLECTUAL PROPERTY RIGHTS

Our rights

The Site is owned and operated by Cake. 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.

APPLICABLE LAW

Unless contrary to any mandatory consumer legislation applicable to the purchase, Swedish 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 the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden).

Disputes regarding the interpretation and application of these Terms between a consumer and Cake may be resolved by the Swedish National Board for Consumer Disputes 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 Swedish court of general jurisdiction and the Stockholm District Court (Sw. Stockholms tingsrätt) 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.

COMPANY INFORMATION

Cake 0 Emission AB is an entity registered in Sweden.
Registered address: Hammarby Fabriksväg 43, 12030 STOCKHOLM
Reg. No: 559014-2682