Applicable to online sales

Certain additional and/or different terms apply in Estonia, Germany, Italy, Monaco and in any other countries provided in Exhibit A at the end of this Agreement.

These Terms of Sale for Prestige Signature Edition Motorcycles (together with the Order Details (as defined below), hereinafter referred to as “Agreement”) applies to your purchase of a Verge Prestige Signature Edition motorcycle (“Motorcycle”) from our website at www.vergemotorcycles.com (“Website”).

By placing an order through the Website and checking the box to confirm your acceptance of this Agreement when prompted to do so, you agree to be bound by the terms of this Agreement. Please read this Agreement carefully prior to placing an order.

Verge Motorcycles OÜ, a limited liability company, registry code 16535648, (“Verge”, “we”, “us”, “our”) is acting as the seller on the Website. Verge is established in Estonia (“Seller’s Country”). Verge offers its products and services in the Seller’s Country.

Please find our contact information at Company information. 

You must be at least 18 years old in order to make a purchase. We sell our Motorcycles directly to consumers. This Agreement is not assignable by you. 

We do not deliver to all countries – you can find an up-to-date list of countries we currently ship to on our Website. If you are not a consumer or if your country is not on the list of countries we currently ship to, please contact us. Please follow the instructions on the Website to place the order in your country.

You represent and warrant that (i) you are not located in a country that is subject to any European Union (“EU”), Monaco or United States of America (“U.S.”) sanctions or government embargo, or that has been designated by the U.S. Government as a “terrorist supporting country”; and (ii) you are not listed on any EU, Monaco or U.S. Government list of prohibited or restricted parties. We reserve the right to cancel your order and/or refuse delivery at any time upon our discretion in the event that we have reasonable grounds to suspect that you are in breach of these representations and warranties given by you.

It is necessary that you provide complete and accurate personal information about yourself so that your order can be processed. The information provided by you is used in accordance with our Privacy Policy – please read this document carefully as it helps you understand what personal data we collect; how such personal data is used and your rights relating to your personal data. Verge is not responsible for any inaccurate or outdated information you have provided. You are responsible for notifying Verge of any changes to this information by contacting us directly at privacy@vergemotorcycles.com.

The prices displayed on the website are inclusive of taxes but exclusive of any costs related to registration, shipping, duties, customs and other charges and fees. You will be provided with information on such additional costs, charges and fees applicable to your order prior to proceeding to the checkout phase. The final price of your order depends on the selections you make in the order procedure. Please note that any changes made after placing your order may have an effect on the price and applicable costs, charges and fees. We will inform you of such effects as soon as reasonably possible.

Verge reserves the right to adjust any prices available on the Website at any time. However, you will lock in the price of your purchase when placing a binding order on the Website in accordance with Section 4 (Order procedure, reservation fee and down payment) below. 

You may be eligible for governmental incentives. Please note that we are not providing financial or tax advice to you in connection with your choice to purchase a Motorcycle and you acknowledge and represent that you are not relying upon the availability or non-availability of governmental incentives in making your decision to place this order.

4.1 Placing an order

To make a valid purchase, you must accurately perform all steps in the order procedure on the Website. You must carefully provide all the requested information in order for the purchase to become valid. Please note that once the order has been placed, you have no right to cancel or withdraw your order of the Motorcycle.  If you are a consumer residing in the EU or Monaco: Please note that the statutory right of withdrawal available to consumers does not apply to contracts for the supply of goods made to the consumer’s specifications or clearly personalized. The supply of the Motorcycle is made to order and tailored to the personal needs of the consumer and individual selection or determination by the consumer is decisive in the manufacture of the Motorcycle. No statutory right of withdrawal applies to the purchase of the Motorcycle.

You will be provided with a summary of your order when placing an order, which will become an integral part of this Agreement referred to as your Order Details. The Order Details contain your choices regarding customizable options and other information about your purchase.

When prompted, you must make choices regarding customizable options. These customizable options for the Motorcycle entail a personalized engraving to your Motorcycle based on your choices and preferences set forth in the Order Details. We will provide you with instructions and specifications for submitting your engraving.  Once submitted, you may not modify your desired engraving. Your order is not deemed accepted until Verge has accepted your engraving. The size, placement, choice of font and similar details of your engraving will be decided based on the options offered by Verge.

You are requested to select the payment option for the reservation fee and pay a non-refundable reservation fee in the amount as set forth in the Order Details. The reservation fee is not a deposit. The reservation fee is deducted from the full purchase price to be paid for the Motorcycle. You must successfully complete the payment of the reservation fee to place a binding order. If you are purchasing a Motorcycle through financing via any of our third-party financing partners, additional charges may apply at this stage or later on (please refer to Section 5 (Payment Terms) below). 

In addition, you are requested to pay an initial, non-refundable down payment amounting to forty percent (40%) of the full purchase price of the Motorcycle. The down payment is deducted from the full purchase price to be paid for the Motorcycle. The down payment will be payable within fourteen (14) days from placing the order subject to this Agreement and the instructions provided in the order procedure.  In the event that the down payment is not paid by you within fourteen (14) days, Verge reserves the right to unilaterally cancel your order and retain the reservation fee.  

Please note that the Motorcycles are premium products manufactured in limited quantity. Verge may cancel your order at any time, for example in the event that your Motorcycle is not available or Verge is not able to deliver to your country due to regulatory issues or unexpected events. If Verge cancels your order for such reasons, Verge will inform you without delay about the cancellation and you will receive a full refund of the paid reservation fee and down payment without interest. 

Verge reserves all rights to choose not to enter into an Agreement with you and/or to unilaterally cancel your order and in case of reasonable grounds, for any valid reason under this Agreement and/or subject to applicable law, including but not limited to Verge having reason to believe that you are submitting an order for commercial resale purposes. You may not place more than three (3) orders for the purchase of a Motorcycle during a calendar year.

4.2 Completion and delivery of your order

The Order Details contain an estimated approximate (monthly/quarterly) time for the delivery of your order, which may be subject to change. You will be able to check the estimated time of delivery and follow the progress of your order through your Verge Club account (please refer to Section 8 (Use of the Verge Club) or by contacting us through orders@vergemotorcycles.com. When your Motorcycle is ready to be delivered, we will agree on the more precise time and place of delivery with you. Delivery options include home delivery and pickup from one of our Verge Motorcycles flagship stores, depending on your geographical location. 

We are responsible for delivering the Motorcycle to you as agreed.

In order for the delivery to be completed, 

• payment of the full purchase price must have been successfully completed either by you (if purchased by full payment via bank transfer) or by the third-party financier (if purchased through financing);
• as applicable, you must have a) obtained yourself; or b) provided us (or one of our affiliates) the power of attorney to obtain, the registration of the Motorcycle in your name and the registration must have been completed (we (or one of our affiliates) will do this for you unless explicitly agreed otherwise);
• you must have obtained yourself an insurance policy for the Motorcycle in your name and the insurance policy must be valid; and
• you must provide us with legitimate proof of identity upon the delivery when prompted.

At the time of delivery, title to the Motorcycle is effectively transferred to you and you accept full liability for the Motorcycle. Starting from the time of delivery, you accept full responsibility for all fees, payments and other charges relating to the Motorcycle, including but not limited to tax, registration and insurance fees. If an unsuccessful delivery occurs due to reasons attributable to you, you have to bear the costs associated with arranging a re-delivery. 

If the Motorcycle is purchased by full payment via bank transfer, you will be responsible for ensuring that payment of the full purchase price for the Motorcycle is successfully completed up to 90 days before the estimated delivery date of your Motorcycle according to the invoice to be sent to you. If the payment is not made in accordance with the invoice, you will forfeit your place in the queue and the delivery of your Motorcycle will be delayed and may ultimately be cancelled. We will provide you with further payment details and instructions prior to the start of the production of the Motorcycle you have ordered, unless your Motorcycle is financed through a third-party financier.

If purchased by financing, additional payment and/or financing terms by Verge or a third party may apply which you will be notified of prior to the start of the production of the Motorcycle you have ordered.

We may cancel your purchase at any time if we notice that there is an issue with your payment of the reservation fee, down payment and/or the purchase price, and the issue is not remedied by you without delay upon receiving a notice regarding the same. In such event you will not be entitled to receive a refund of any payments made under the Agreement.

Prior to the delivery of your Motorcycle, we (or one of our affiliates) will complete the steps to register the Motorcycle in your name in the Seller’s Country, unless otherwise explicitly agreed between you and Verge. For this purpose, it is important that you keep us updated on your personal information at all times. 

In order to register the Motorcycle in your name, you shall select the insurance provider yourself and obtain the insurance policy on your own at your choice. The insurance must be valid in order for us (or one of our affiliates) to register the Motorcycle in your name.

In order to use all functions of your Motorcycle, you will be prompted to accept, and you hereby accept the Verge System Terms of Use. These terms govern your use of the software embedded in the Motorcycle. Please read these documents carefully prior to operating the Motorcycle for the first time.

In order to enjoy all the benefits from your purchase, including enhanced customer support, perks and additional service options, please join the Verge Club by creating an account on the Website or through the link provided in the confirmation email sent to you for your purchase and accept the Verge Club Terms of Service. The Verge Club provides you access to additional offerings via the Website and the Verge mobile application (“Verge App”) which cannot be obtained without a Verge Club account.

Please read the user manual carefully prior to operating your Motorcycle. We may update the user manual from time-to-time, e.g., due to new functionalities being introduced. We will notify you of such updates. You can also access the user manual through your Verge Club account on our Website.

Please refer to the full warranty terms at: Warranty Terms.

In order to activate the warranty on your Verge Club account and to get the possibility to access enhanced customer support, you must register the warranty in your Verge Club account after the Motorcycle has been delivered to you. Please log in to your Verge Club account and under the subpage “Warranty”, submit the VIN number to your Motorcycle when prompted. 

For the avoidance of doubt, the warranty does not cover any software nor any other products or services not included in the original delivery of your purchase.

The maintenance program for your Motorcycle can be found in the user manual. We recommend that you follow this maintenance program including but not limited to conducting inspections on your Motorcycle once per year. 

Verge may from time to time provide or make available updates. The user manual contains important information on updates which may be provided to you from time-to-time either during maintenance or inspection of your Motorcycle or over-the-air (“OTA”) (subject to availability in your country). As Verge and its service providers may provide some or all updates through the OTA process using your Motorcycle’s wireless communication technology, you hereby consent to the use of OTA technology to deliver updates. You are solely responsible for downloading and installing mandatory updates as instructed by Verge and acknowledge that Verge will not be liable for any issues in the Motorcycle arising from your failure to install any mandatory updates. Some functionalities or features may not work or may become disabled in the event that you fail to install the updates. We will provide updates for at least as long as mandated by the applicable laws. After such period of time, we may choose to discontinue the provision of updates.

Upon gifting or selling your Motorcycle to a new owner, you are responsible for releasing the Motorcycle VIN number in your Verge Club account and with the registration authority in your country to the new owner.

Neither Verge nor its suppliers will be responsible for any indirect, incidental, special or consequential loss or damages or loss of profit to you relating to this Agreement. The aforementioned does not apply to damage or loss caused by negligence of Verge or its employees or suppliers. 

Nothing in this Agreement will limit your rights or exclude our liability for any legal responsibility that cannot be limited or excluded by applicable mandatory law.

In the situation of a force majeure event preventing a party (“Affected Party”) from meeting its obligations under the Agreement, including, without limitation, external events that cannot be averted even by the exercise of the utmost diligence reasonably to be expected, that is not attributable to the operational sphere of either party (e.g. natural disasters, pandemics, war or government restrictions), neither party will be obligated to compensate the other party for any damages or costs caused due to the nonperformance by the Affected Party.

We are constantly developing and updating our products and services in order to provide you with the best possible experience. You understand and agree that the products and services, their design and technical features are currently under further development and that the product or service that may be available for delivery to you may be materially different from any prototypes and pre-production products and/or demo services. Images on the Website are provided for illustrative purposes only. 

Verge disclaims any and all warranties, whether express or implied, with respect to anything provided under this Agreement, other than as expressly agreed hereunder. 

You acknowledge and accept that you will be solely responsible for the use of the Motorcycle purchased from us in accordance with this Agreement, the user manual, other instructions and notices provided by us form time-to-time as well as all applicable laws and regulations applicable to you. 

When you are using the Website, in addition to this Agreement, our Website Terms of Use will apply. Verge will not be responsible for any factual errors on the Website that are reasonably obvious to you, or for any technical errors in the Service which are beyond Verge’s reasonable control.

You will not, directly or indirectly, purchase, export or re-export the Motorcycle to any jurisdiction or country to which such purchase, export or re-export is prohibited by any US, Monaco or EU law, rule or regulation. 

If a court of competent jurisdiction determines that any provision of this Agreement is unenforceable, the remainder of this Agreement will remain in full force and effect and the unenforceable provision will be deemed to be amended to the extent necessary. 

We may assign this Agreement at our discretion to one of our affiliated entities. In this case, you are entitled to terminate the Agreement at any time with immediate effect.

This Agreement is governed by the laws of the Seller’s Country, without regard to the principles of conflicts of law of any jurisdiction.  Nothing in this Agreement will limit your rights as a consumer that cannot be limited or excluded by applicable mandatory law.

Any dispute concerning this Agreement may be dealt with by the non-exclusive jurisdiction of the court determined by the laws governing this Agreement. 

If you are a consumer residing in a member state within the EU to which Verge provides its products and services or in Monaco, you may bring any dispute concerning this Agreement to the courts of the place where you live. In addition, alternative dispute resolution mechanisms may be available for such consumers. You can access the European Commission’s online platform for online dispute resolution here: http://ec.europa.eu/consumers/odr/.

If you have any questions regarding this Agreement, do not hesitate to contact us through the contact details provided above.

Country or state specific provisions

In addition to the terms set forth in this Agreement, the country or state specific provisions that are applicable to you as set forth in this Exhibit A will be included in, form a part of this Agreement and modify your Agreement to the extent set forth in this Exhibit A. 

MONACO: For consumers residing in Monaco: With reference to Section 10 (Warranty) above, if you are a Monegasque resident at the time of the sale, you benefit from the legal guarantees provided by articles 1444 and following of the Monegasque civil code such as the legal guarantee of conformity and the legal guarantee against hidden defects. 

GERMANY: For consumers residing in Germany: Please refer to the below instead of Section 13 (Limitation of liability). In the event of a breach of duty – based on whatever legal grounds – Verge is responsible for willful intent or gross negligence. In the event of simple negligence, Verge is only liable (i) for damage based on injury to life, limb or health, and (ii) for damage based on a breach of a material contractual obligation (obligation whose performance makes the proper execution of the Agreement possible in the first place and on the performance of which the other party usually relies and may rely); in this case, however, liability is limited to compensation for foreseeable damage which typically occurs. The limitations of liability also apply to breaches of duty by legal representatives of Verge and of persons whom Verge uses to perform its obligation. The above limitations of liability do not apply where Verge has fraudulently concealed a defect or assumed a guarantee for the quality of the item. The provisions of the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG) are not affected hereby.

ITALY: For consumers residing in Italy: Clauses subject to specific approval under Art. 1341 and 1342 of the Italian Civil Code. Pursuant to Articles 1341 and 1342 of the Italian Civil Code, you accept and expressly agree the following clauses:  2 (“Eligibility”), 4.1. (“Placing an order”), 4.2. (“Completion and delivery of your order”), 6 (“Registering and insuring your Motorcycle”), and 13 (“Limitation of liability”).

ESTONIA: For consumers residing in Estonia: Customers who are consumers accept the conclusion of the Motorcycle sales agreement and the information thereto to be provided in English.