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The following terms and conditions apply for the pre-order of Sim Racer. By placing the pre-order, you represent that you have read them, understood them and agree with them.

  1. Privacy Policy (https://www.ekwb.com/shop/privacy-policy/)
  2. Terms of Sale (https://www.ekwb.com/shop/terms-of-sale/)
  3. Special Terms and Conditions – Sim Racer Pre-Order 2023 (https://www.ekwb.com/shop/t-c-sim-racer)


Special Terms and Conditions – Sim Racer Pre-Order 2023 

 

  1. Applicability 

These Special Terms and Conditions – Sim Racer Pre-Order 2023 (hereinafter: “Terms”) apply exclusively to the pre-orders of Sim Racer racing simulator (hereinafter: “Sim Racer”) with EKWB, podjetje za razvoj in proizvodnjo izdelkov za vodno hlajenje računalnikov, d. o. o. (abbreviated EKWB, d. o. o., hereinafter also “EKWB”), Poslovna cona Zeje pri Komendi, Pod lipami 18, 1218 Komenda, Slovenia, registration number 3358151000, tax ID number 30449383, registered with the District court in Ljubljana, contact landline number +386 59 096 610, contact electronic mail [email protected], via its webshop, accessible at www.ekwb.com/shop. EKWB is registered for VAT purposes, its VAT ID number is SI 30449383.  

These Terms apply in addition to and amend the Terms of Sale and the Privacy Policy, both available at EKWB’s website www.ekwb.com. In case of conflicts among these Terms, the Terms of Sale and the Privacy Policy, these Terms shall prevail over both and the Privacy Policy shall prevail over the Terms of Sale. 

 

  1. Seller

The seller of the Sim Racer racing simulator is EKWB.  

 

  1. Eligibility for Pre-Order 

The Sim Racer Pre-Order 2023 is only available to individual customers – natural persons and legal entities. Natural persons are eligible for pre-order only provided they are aged 16 years or more at the date of pre-order placement and have the legal capacity to contract under the applicable laws of the country of residence. Pre-orders placed by legal entities are valid only if placed by a duly authorised representative of the legal entity and the legal entity is duly incorporated, registered, validly existing and legally permitted to place the pre-order under the applicable laws at the place of registration.  

The pre-orders are available worldwide, except where prohibited by law. 

Pre-orders are only available to registered and active customers of EKWB’s web shop at www.ekwb.com

 

  1. Pre-Order Placement and Obligations

By accepting these Terms, the customer expressly acknowledges that the Sim Racer has not entered mass production yet, has not been released yet for sale, its exact release date has not been confirmed yet, the exact specifications of the Sim Racer as well as possible variants and options have not been defined yet and its price is set for launch edition only.  

Any announced release date, specifications, variants, options, prices, advertisement claims or other properties made before the release are informative only and subject to change at the sole and exclusive discretion of EKWB at any time.  


By placing the pre-order, the customer reserves his/her place in the queue and will be amongst the first to receive the invitation to place the order once orders for the Sim Racer will start to be accepted. Orders will start to be accepted no later than once the Sim Racer is released, but EKWB reserves the right to start accepting the orders prior to the release. The pre-order does not guarantee or implicate availability of the Sim Racer by any particular time, in any particular configuration and with any particular specifications, and at any particular price. Furthermore, the pre-order does not guarantee any particular place in the queue for placing the order, once available. 

The pre-order and the Deposit payment is not a condition for placing the order, once orders start to be accepted by EKWB. 

The pre-order for the Sim Racer is placed when the customer has completed the following:  

  • Submitted all required personal information in the provided form. 
  • Agreed to the Terms of Sale, Privacy Policy and these Terms. 
  • Irrevocably paid the Deposit fee of 100,00 USD net (without VAT) (hereinafter: “Deposit”). 
  • Clicked the “Place Pre-Order” button.  
  • Received the pre-order confirmation from EKWB via electronic mail to the provided email address. 

The Deposit is not a pre-payment, but an earnest paid by the customer to bind the bargain. 

EKWB may reject any pre-orders before or after they are placed, or before they are accepted in its sole and exclusive discretion, particularly in case of imminent production facilities overbooking. If the Deposit has already been paid, EKWB will return it pursuant to the provisions of the Chapter 5 below. 

The placed pre-order does not constitute a binding commitment of the customer to place the order or purchase the Sim Racer. The accepted pre-order does not constitute a binding commitment of EKWB to accept the order and deliver the Sim Racer. The availability of the Sim Racer for order will be subject to availability of the Sim Racer as a product. 

The pre-order does not constitute a binding agreement on the sale of Sim Racer nor does it set the terms of such agreement. The binding agreement on sale of Sim Racer may be entered into by placing the order for the Sim Racer, once the orders will start to be accepted. The exact terms and conditions of sale, the delivery date, the exact specifications, configuration and possible optional upgrades of the Sim Racer as well as the price will only be set in the Sim Racer sale agreement.  

EKWB will ensure the customers will be able to place the order and enter into the Sim Race sale agreement with either EKWB directly or with EKWB’s designated affiliated companies or business partners, depending on the distribution network setup. The party to the order and/or Sim Race sale agreement will be designated at the sole and exclusive discretion of EKWB. 


 When placing the order, the purchase price will be automatically diminished for the nominal amount of the Deposit paid by the customers who had placed an accepted pre-order.  

 The pre-orders and Deposits are not assignable or transferrable to any other customer. Unless EKWB decides otherwise at his sole and full discretion, the Deposit is not convertible to any other benefits, substituted with other products, or other alternatives, except the Deposit is redeemable in case of rejection or termination of the pre-order pursuant to these Terms. 

 

  1. Pre-Order Cancellation and Deposit Refund

 The customer and EKWB shall have the right to cancel any placed or accepted pre-order free of charge at any time. The order cancellation by the customer can be effected by logging into his/her customer account at EKWB’s web shop, available at www.ekwb.com/shop, from the “My Orders” section. EKWB will notify the customer of successful pre-order cancellation. The pre-order cancellation is irreversible and cannot be cancelled. 

 EKWB will return any Deposits received in the nominal amount as soon as possible after the pre-order has been rejected or cancelled, but not later than within 8 (eight) days after pre-order rejection or cancellation, respectively, via the same means of payment as used for paying the Deposit at the pre-order. If that is not possible, the customer will be offered to chose among available alternatives pursuant to the procedure set forth in the Terms of Sale, particularly the section regulating the Refund of the Purchase Price. The costs of the sending bank and the costs at the sending side, if the refund is made via the payment services provider, will be borne by EKWB. The costs of the receiving bank and the receiving side, if the refund is made via the payment services provider, will be borne by the customer. The refund shall be deemed paid on the date an unconditional and irrevocable money transfer order has been placed with the sending bank or payment services provider, irrespective when the funds are actually received by the customer and become available/at disposal. 

 

  1. Miscellaneous Conditions

The pre-order of the Sim Racer is subject to acceptance of these Terms, the Terms of Sale and the Privacy Policy. By placing a pre-order, the customer is indicating his/her agreement to be bound by these Terms, the Terms of Sale and the Privacy Policy. 

EKWB reserves the right to change, amend, or withdraw these Terms or revoke the offer for placing the pre-orders for the Sim Racer at any time.  

EKWB assumes no responsibility or liability for any undesirable consequences that consumers and/or anyone else could experience because of placing a pre-order. 

In the pre-order placement process, the customer will be routed outside of EKWB’s domain www.ekwb.com in order to complete the Deposit payment, namely to the domain of the payment gateway service provider Adyen N.V., a company registered with the Dutch Chamber of Commerce under number 34259528 and having its seat at Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, the Netherlands (www.adyen.com) (hereinafter: “Linked Site”). The Linked Site is a third-party websites that is not controlled or operated by EKWB and EKWB has limited influence over its content. EKWB is not responsible for the content or accuracy of the Linked Site and does not warranty or have any liability or responsibility with respect to its contents, products, services or materials linked from the Linked Site. The link to the Linked Site does not imply endorsement of the site or its operator or any association with EKWB, apart from the fact that Adyen N.V. provides payment gateway services to EKWB. The Linked Site and the use of the services provided therein are subject to Adyen N.V.’s terms and condition available here: https://www.adyen.com/legal.  

EKWB reserves the right not to release Sim Racer or otherwise perform as announced or advertised or promised within the pre-order, without any liability to customers who have placed a pre-order, except the return of the Deposit, in the event of a Force Majeure event. “Force Majeure” shall mean any unforeseeable event occurring after the public announcement of this Sweepstakes that could not be expected, prevented or avoided and causes a delay in performance or the inability of EKWB to fulfil it. Examples of Force Majeure shall include e. g. natural disasters and catastrophes such as epidemics, nuclear accidents, fire, floods, hurricanes, earthquakes; actions or omissions of civil or military authorities, declaration of the state of emergency, war or mobilisation, civil war or uprising, riots, sabotages or revolutions, etc. Any changes to the Terms will be notified to prospective customers who have placed a pre-order as soon as possible.