ORDERs AND PRE-ORDERs TOS
Your pre-order agreement for robotic Lawn-Mowing Services (“Services”) and a Robotic Mower, a Charging Station, Power Supply Adaptor (“Mower Kit” or “Kit”) is subject to the terms (“Terms”) of this Volta Mower Pre-Order Agreement. These Terms, those terms incorporated by reference, and the details you agree to in your order (“Order”) form the entire agreement (“Agreement”) between you and Volta Robots s.r.l. (Via Carducci 32, Milano, Mi, Italy Companies Registration Office, No. IT09295430962) (known as “Volta” in these Terms).
Payment and Refund
- Deposit Payment.Your deposit payment (“Deposit Payment”) grants you priority within your region for securing Mower Kit when available. Your Deposit Payment is inclusive of any sales and use or other taxes, including VAT. Volta will apply your Deposit Payment to the amount due on the Volta Mower Kit if and when the Volta Mower Kit and Services become available to you.
- Refundable Deposit. Prior to Volta shipping your Kit, your Deposit Payment is fully refundable and can be requested at any time via your Volta account. If you seek and obtain a refund, you will forfeit your priority position.
- Availability; Limitations. Placing a Deposit Payment does not obligate Volta to provide you with the Volta Mower Kit and Services and does not guarantee that the Volta Mower Kit and Services will be available to you. Enrollment limits may apply. Volta Mower Kit designs and Services are subject to change based on technological innovation. The Service availability dates are estimates only and subject to change. Volta does not guarantee when Services will actually be available in your garden. Service delivery is dependent on many factors, including various regulatory approvals of goods, including local certifications.
Agreement to Purchase Volta Mower Kit and Services.
- Residential Use. Services and the Volta Mower Kit are for use primarly at the address you provided in your Order, and only for personal, family, household or residential use.
- Agreement Term. There is no minimum contract term to obtain Services. You may cancel the Agreement and Services at any time, according to Section 4.2 and Volta may terminate the Agreement according to Section 9.
- Payments and Monthly Subscription. When some Services become available in your area, subject to Section 1.2 (Refundable Deposit), Volta will notify you by email that we are preparing to ship your Kit. You authorize Volta to charge your approved payment method for (a) a one-time purchase price on the balance of your Volta Kit and any accessories, including shipping & handling and applicable taxes; and (b) monthly recurring charges, including applicable taxes, for the optional Services selected in your Order, starting 14 days after Volta ships your Volta Mower Kit.
- Payment Method. You authorize Volta to charge an approved payment method, including ACH payments, credit or debit cards (where available). Use of a credit or debit card is subject to the terms and conditions in your card member agreement, including fees that may be charged by the issuer. If there is a change to your bank or card account information, including expiration date, you must update your payment information in the Volta Mower Customer Portal to avoid suspension or termination of Services and to enable Volta to process refunds. Volta may also update your payment method data with information provided by the payment service providers. You authorize us to continue to charge your payment method following any update to your information.
- Title to Volta Mower Kit.Volta will transfer title to the Volta Mower Kit and any accessories to you only at the time of delivery.
- Shipping & Handling.Shipping and handling charges will apply and will be displayed in your Order. Please consult your Volta Mower account for an estimate of delivery times. Deliveries may require signature. Volta will use the carrier of its choice.
- Taxes, Fees, Surcharges.In addition to charges for the Services, the Volta Mower Kit, and any accessories you buy, we may collect or request reimbursement for taxes and other fees and surcharges required by law, including, without limitation, value added, goods and services, consumption, sales, use, gross receipts, excise, and access. In accordance with applicable law, you are also responsible for any additional government fees, rights of way charges, license or permit fees, and any other duties, charges or surcharges imposed on the sale or use of the Services or Volta Mower Kit.
- Payment Disputes & Suspended Services.If you fail to pay for Services on time, you must pay the amounts due or your Services will be suspended until the overdue amounts are paid. Disputes on your Volta Mower bill should be handled via your account in the Volta Mower Customer Portal.
- Software Updates and License Terms.Software copies and updates installed on the Volta Mower Kit are not sold, only licensed to you personally (on a non-exclusive, non-transferable, limited and revocable basis), for use as installed on the Volta Mower Kit and subject to Software License and Usage Terms, and restrictions that Volta posts on the Volta Mower Customer Portal. Volta reserves all intellectual property rights and other rights and interests in the Volta Mower Kit, the Services, and the software, and grants no license, except as expressly granted in this Agreement.
Volta Mower Kit Installation.
- You are responsible for installation of the Volta Mower Kit in a location that has a adequately maintained lawn, per the Install Guide available in the Volta Mower Customer Portal. It is your responsibility to ensure compliance with all applicable building codes, zoning, ordinances, business district or association rules, covenants, conditions, restrictions, lease obligations and landlord/owner approvals and requirements for the installation of the Volta Mower Kit, to pay any associated fees or other charges, and to obtain any permits and other authorizations necessary for the Services and the installation of the Volta Mower Kit. Should use of the Services require any construction or alteration to your property, Volta is not obliged to reimburse any expenses or restore your property to the same physical state as prior to delivery of Services. Follow the Install Guide. If you cannot safely install the Volta Mower Kit, do not install it. Once you have properly installed the Volta Mower Kit you will be able to use the Services immediately.
Changes and Cancellation.
- Volta may change or discontinue Services plans, prices, these Terms, and the Volta Mower Specifications from time to time. Volta will notify you with at least 1 months’ notice prior to making changes in accordance with applicable laws and request your consent to material changes, where required.
- Cancellation Rights.You can stop the recurring monthly payment and cancel Services at any time via your Volta Mower account located within the Volta Mower Customer Portal. You are not entitled to any refunds, except as set forth under Sections 1.2 (Refundable Deposit), 4.3 (Cancellation/Right to Withdrawal, Return and Full Refund) and 4.4 (Cancellation, Return and Partial Refund).
- Cancellation/Right to Withdrawal, Return and Full Refund.You may return an undamaged Volta Mower Kit and any accessories within 30 days of receipt for a full refund for any reason, including the inability to receive Services at your address due to particular conditions of your garden. To return the Volta Mower Kit or any accessories, follow instructions in the Return Policy in the Volta Mower Customer Portal. You are responsible for appropriate packaging for the return of the Volta Mower Kit and the payment for the return. Full refund will be carried out soonest possible and in any case, 14 days after Volta has received the Volta Mower Kit in an undamaged and unused form. Volta reserves the right to charge the decrease in value of the returned Volta Mower Kit if the Volta Mower Kit has been handled beyond what is necessary to determine the characteristics of the Volta Mower Kit.
- Cancellation, Return and Partial Refund.Volta will offer you the option to: (a) return and replace your Volta Mower Kit for a valid warranty claim based on Section 5.3 (Limited Remedies); or (b) receive a partial refund on your Kit if Volta implements a Substantial Change within 12 months of accepting your Order and does not give you an option to continue on your original terms for the remainder of the 12 month time period. Such partial refund will be calculated on a 12-month straight-line depreciation basis. For example, if Volta implements a Substantial Change 3 months after your initial Order, you have the option to return your Kit, cancel Services and Volta will refund you 75% of the purchase price you paid for the Kit (you are not entitled to refunds of recurring fees paid for the first 3 months of Services). Substantial Change means a price increase of more than 50% per month, or a downward correction of performance goals in the Volta Mower Specifications by more than 50%. These options do not change your statutory consumer rights under the applicable laws.
Limited Warranty, Disclaimers, Remedies and Liabilities.
- Limited Warranty.The Volta Mower Kit and Services are novel, still in a beta testing phase, under development, and subject to change. Volta will use reasonable efforts to facilitate that the Volta Mower Kit, at the time of delivery, and the Services, as performed, substantially meet performance goals set forth in the Volta Mower Specifications, as amended by Volta from time to time based on experience and innovation.
- Exclusions and Force Majeure.Volta is not responsible for damage to the Volta Mower Kit after delivery, or for the operation of the Kit or the Services resulting from: (a) wrong setup of the Mower; (b) repair, modification, or disassembly of Volta Mower Kit by anyone other than Volta or its authorized agent; (c) failure to follow instructions (d) fire, flood, wind, lightning, earthquake, weather, or other acts of nature or God; (e) spills of any substance on Volta Mower Kit; (f) planned or emergency maintenance on the network; (g) problems with your electrical power or third-party network equipment; (h) misuse, abuse, accident, vandalism, alteration, or neglect; (i) normal wear and tear or deterioration, or superficial defects, dents, or marks that do not impact performance of the Volta Mower Kit; (j) use in combination with devices not provided or approved by Volta; (k) inability to obtain or maintain necessary permissions, authorizations, or permits; or (l) events not reasonably within Volta’s control. Any credit, refund or rebate for any service unavailability or service outage is entirely at Volta’s discretion, except as required by the applicable law.
- Limited Remedies.This clause only applies to the extent the statutory consumer rights, including a 2-year non-conformity period, under the applicable laws allows such limitation. If the Volta Mower Kit or Services fail to meet the limited warranty standard set forth in Section 5.1 (Limited Warranty) and Volta receives a valid, detailed, written warranty claim from you within 12 months after delivery of the Volta Mower Kit, Volta will either: (a) cure the discrepancy within 30 days of receiving your claim, including, at Volta’s choice, by replacing or repairing your Volta Mower Kit (with a new, different or refurbished device or part, which will be covered by the limited warranty set forth in Section 5.1 (Limited Warranty) for the greater of 3 months or the remainder of the original 12 month warranty period), or (b) offer you the option to cancel Services and return your Volta Mower Kit for a partial refund as set forth under Section 4.4 (Cancellation, Return, and Partial Refund). Once 12 months have passed from the delivery of the Volta Mower Kit, your sole remedy is that you can cancel Services any time and stop recurring charges starting the following month, but you are no longer entitled to any refunds (or any other remedies). The benefits conferred by this Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations of your jurisdiction (“Statutory Rights”).
- EXCEPT AS SET FORTH IN SECTION 5.1 (LIMITED WARRANTY), TO THE EXTENT PERMITTED BY LAW, VOLTA PROVIDES THE Volta Mower KIT AND SERVICES “AS IS,” WITHOUT ANY EXPRESS WARRANTY, CONDITION OR REPRESENTATION. VOLTA DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- LIMITATIONS OF LIABILITY.TO THE EXTENT PERMITTED BY LAW, VOLTA WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE, INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, LOST REVENUE, WORK STOPPAGE, LOSS OR CORRUPTION OF DATA, COMPUTER FAILURE, DATA SECURITY BREACH, MALFUNCTION OR ANY LOSSES OR DAMAGES RESULTING FROM THE KIT INSTALLATION, REPAIR, REMOVAL, OR OTHER ASSOCIATED SERVICES. VOLTA’S LIABILITY UNDER THESE TERMS FOR ANY INDIVIDUAL CLAIM OR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO VOLTA UNDER THESE TERMS OVER THE SIX MONTHS PRECEDING THE CLAIM GIVING RISE TO THE LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT, SERVICES OR Volta Mower KIT, INCLUDING ANY EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER VOLTA WAS INFORMED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND REGARDLESS OF WHETHER CLAIMS ARE ASSERTED BASED ON CONTRACT, STATUTE, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL OR EQUITABLE CLAIM OR THEORY PROVIDED, EXCEPT IF AND TO THE EXTENT THAT ANY LIMITATION VIOLATES APPLICABLE MANDATORY LAW THAT THE PARTIES CANNOT DEROGATE FROM BY WAY OF CONTRACT.
- ASSUMPTION OF RISK.YOU AGREE THAT YOUR USE OF THE SERVICES AND THE Volta Mower KIT, AND SUCH USE BY ANYONE USING YOUR ACCOUNT, IS AT YOUR SOLE RISK. SERVICES ARE NOT SUITED OR INTENDED AS A MISSION-CRITICAL OR SAFETY-OF-LIFE SERVICE.
- Acceptable Use Policy.You agree not to use, or permit others to use, the Services in ways that (a) violate any law or applicable regulation, (b) violate the Volta Mower Acceptable Use Policy, or other policies available on the Volta Mower Customer Portal, (c) infringe the rights of others, or (d) interfere with the users, Services, or Volta Mower Kit of the Volta Mower network or other networks.
- Trade Laws.You must comply with all applicable International Trade Controls in the context of these Terms, which means applicable export control, economic sanctions, customs/import, anti-money laundering, and anti-corruption laws and regulations. You acknowledge that you are only authorized to access Services at the location identified on your Order, and you will not divert the Volta Mower Kit or Services to any other locations, or to users or for uses that are prohibited under International Trade Controls.
- No Resale.You may not resell access to the Services to others as a stand-alone service, unless agreed to in a separate agreement with Volta.
- Security Measures.Volta administers and enforces cybersecurity policies and procedures to identify and respond to incidents involving Volta Mower data, mitigate the effects of any such incidents, document their outcomes, and notify appropriate stakeholders (including authorities and affected data subjects, as appropriate).
- You agree to compensate and hold harmless Volta against all claims, liability, damages, costs, and expenses, including but not limited to reasonable attorneys’ fees, arising out of or related to these Terms, any and all uses of your account, and your use of the Services, provided that you are responsible for the breach of these Terms. This includes, without limitation: (a) responsibility for all such consequences resulting from actions by you or any user of your account in violation of these Terms, or any law or regulation; (b) negligent, reckless or intentionally wrongful act by you or any user of your account; and (c) any breach by you of any of the covenants contained in these Terms.
No Transfers, Assignments.
- You may not assign, sell, or transfer this Agreement, software installed on the Volta Mower Kit, or access to Services without Volta’s consent. Any attempted transfer or assignment will be null and void. Volta may terminate this Agreement for cause if you attempt to transfer Services or this Agreement. If your Volta Mower Kit is stolen, destroyed or otherwise removed from your premises without your authorization, you must provide notice via the Volta Mower Customer Portal immediately, or else you may be liable for payment of unauthorized use of the Services. You are liable for any charges or fees incurred by the use of the Services and Volta Mower Kit by anyone else. You agree that Volta can assign its rights and obligations under these Terms, in whole or in part, to any individual or entity we choose, at any time. Once notified of the assignment you may terminate this Agreement according to Section 4.2, otherwise you will be deemed to have accepted the assignment.
Termination by Volta.
- Volta may, at any time, without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Services for: (a) a material violation of these Terms, including the Volta Mower Acceptable Use Policy; (b) a request and/or order from law enforcement, a judicial body, or other government agency; (c) unexpected technical or security issues or problems, including but not limited to a material malfunction of the Volta Mower network, software or hardware; (d) a failure to obtain or maintain the necessary governmental authorizations required to bring Services; (e) your participation in fraudulent or illegal activities; or; (f) your failure to pay any fees owed for Services if you have not cured such non-payment within 15 day period of receiving a request to cure from Volta.
Governing Law and Disputes.
- This Agreement and any disputes between us arising out of or related to this Agreement (“Disputes”) will be governed by and construed in accordance with Italian Law and subject to the exclusive jurisdiction of the district courts located in Milano, Italy. The European Commission provides an online dispute resolution platform available at the following address: https://ec.europa.eu/consumers/odr/.
- Customer Support.Customer support is available for the Services and the Kit. Information on the customer service and the corresponding contact details can be found on the Volta Mower Customer Portal.
- If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
- You must be at least 18 years old (or the legal age of majority in your jurisdiction of residence) to enroll in Services.
- You should keep copies of these Terms and any sales receipt or other materials relevant to your purchase of the Volta Mower Kit and Services for your records. Volta reserves the right to substitute, change, cancel, or add to any part of these Terms at any time upon notice to you, and your continued use of the Services constitutes agreement to the updated Terms. Volta will notify you prior to making material changes in accordance with applicable laws. Visit the Volta Mower Customer Portal for the most current Terms.
- Electronic Delivery Policy, Customer Consent and Notices.You consent to receive all agreements, updates, disclosures, policies, notices, and other information (collectively, “Notices”) provided by Volta or its affiliates via paper and/or electronic delivery at Volta’s sole discretion. Volta may deliver or display Notices to you by email or pop-up window, or by posting a message on the Services or the Volta Mower Customer Portal. You may receive periodic texts, emails, or other communications from Volta, such as notices regarding expiration of your account and changes to these Terms.
- No Waiver. No waiver by Volta of any breach of these Terms will be a waiver of any preceding or succeeding breach. No waiver by Volta of any right under these Terms will be construed as a waiver of any other right. Volta will not be required to give notice to enforce strict adherence of these Terms. A waiver must be provided in writing by an authorized representative of Volta to be effective.