ZEEKR GENERAL TERMS AND CONDITIONS FOR THE PURCHASE OF PASSENGER VEHICLES

(VERSION 1.2)

This is an English translation version of the General Terms and Conditions for purchases made in The Netherlands. The English translation version should be used for consultation purposes only and the Dutch local language version, which can be found here, applies: ZEEKR ALGEMENE VOORWAARDEN VOOR DE AANKOOP VAN PERSONENVOERTUIGEN.

1. GENERAL

1.1 These general terms and conditions (hereinafter "General Terms and Conditions") apply between Zeekr Netherlands B.V. (reg. no. 88541983), hereinafter "Zeekr") and the individual (natural person) acting for purposes which are outside his trade, business or profession or company (legal entity or natural person pursuing his trade, business or profession), as applicable (hereinafter, respectively referred to as “Consumer” or “Business”, and collectively, as the “Customer” unless otherwise indicated) for the purchase and delivery of passenger vehicle(s) of the Zeekr brand (hereinafter "Vehicle(s)"). By placing an order for a Vehicle, the Customer agrees to be bound by these General Terms and Conditions.

2. ORDER AND ORDER CONFIRMATION

2.1 The Customer may place an order of a Vehicle via the Zeekr website (www.zeekr.eu/nl-nl) or Zeekr app (to be downloaded to your mobile phone or tablet etc.), (hereinafter "Order").

2.2 To place an Order, the Customer must provide all necessary information and pay a non-refundable deposit (hereinafter “Deposit”). The deposit is non-refundable except under certain circumstances as specified in these General Terms and Conditions. An Order is binding for the Customer. Zeekr will send an order confirmation, which includes the configuration details of the Vehicle, to the Customer without undue delay after receiving the Order (hereinafter "Order Confirmation"). A binding agreement on the purchase and delivery of the Vehicle shall be deemed concluded when the Customer receives the Order Confirmation (hereinafter referred to as “Purchase Agreement”). After placing the Order, the Customer shall, for forty-eight (48) hours thereafter, have a right and possibility to amend the Order (hereinafter “Configuration Period”). The Customer may amend any configuration detail, but not change the model of the Vehicle. The Customer may also end the Configuration Period earlier by locking the configuration in their Zeekr account. The terms of the Purchase Agreement – whether amended during the Configuration Period or not – shall be confirmed by Zeekr by sending an updated Order Confirmation to the Customer (hereinafter “Final Order Confirmation”).

2.3 Zeekr reserves the right to decline an Order (e.g., due to alterations in the product range). If Zeekr declines an Order, no purchase agreement shall be deemed concluded. Zeekr shall notify the Customer of a decline without undue delay. If Zeekr declines an Order in accordance with this section 2.3 or declines an Order or terminates a Purchase Agreement in accordance with section 2.5 below, Zeekr shall repay the Deposit to the Customer.

2.4 A Consumer must be eighteen (18) years of age to place a valid Order and enter into a Purchase Agreement.

2.5 Zeekr intends to sell Vehicles directly to end-users. Therefore, an Order placed, or Purchase Agreement concluded, for the purpose of re-selling the Vehicle shall in no event be valid and Zeekr reserves the right to decline such Order or terminate such Purchase Agreement, where Zeekr suspects that the Vehicle is intended to be further re-sold.

2.6 The Customer understands that Zeekr endeavours to provide information that is as complete and accurate as possible but cannot guarantee that images represent the exact appearance of the Vehicle. The images are for illustrative purposes only and Zeekr reserves itself from any technical, graphical and typographical errors and deviations in text, images and illustrations.

3. PRICES AND PAYMENT

3.1 The Customer shall pay the price specified in the Final Order Confirmation (hereinafter “Purchase Price”). If the Customer has paid a Deposit, Zeekr shall credit this amount from the Purchase Price.

3.2 The Customer may choose to pay the Vehicle by bank transfer, a financing solution provided by a Zeekr approved partner which has pre-agreed terms with Zeekr (hereinafter “Zeekr Financing Partner”), or other financing solutions provided by a third party, in accordance with the applicable terms of payment. Cash payments are not accepted.

3.3 If the Customer chooses a financing solution provided by a Zeekr Financing Partner, the Customer must make an application to the Zeekr Financing Partner within seven (7) days from receiving the Order Confirmation. If, following an application made under this section 3.3, the Zeekr Financing Partner denies the Customer the chosen financing solution, the Customer shall have a right to withdraw from the Purchase Agreement without incurring any additional cost and shall be refunded the Deposit in full.

3.4 Prior to Delivery, Zeekr shall provide the Customer with a payment request and payment instructions in accordance with the chosen payment method. The Customer shall pay in accordance with such request and instructions.

3.5 If the required payment of the Purchase Price has not been received by Zeekr, at the latest, forty-eight (48) hours prior to Delivery, Zeekr shall have a right to withhold Delivery until the required payment is made in full.

4. DELIVERY AND DELAY

4.1 The estimated delivery time shall be specified in the Final Order Confirmation and online in the Customer’s Zeekr account. Zeekr will continuously keep the Customer informed of the estimated delivery date. The estimated delivery time and estimated delivery date is not binding for Zeekr. In the event of a delay in delivery in relation to an estimated delivery date, the Customer will be promptly notified by Zeekr using the e-mail address or telephone number provided by the Customer or online in the Customer’s Zeekr account.

4.2 Delivery shall take place on the date of delivery at a Zeekr designated location, or another location if agreed between Zeekr and the Customer and subject to Zeekr’s limitations on offering such option (“Delivery”). Zeekr shall notify the Customer when the Vehicle is ready for collection at the Zeekr location or location otherwise agreed and the date of delivery. In connection to the Delivery, the Customer shall sign a delivery note as a confirmation that Delivery has been concluded.

4.3 Zeekr only delivers the Vehicles in the Netherlands excluding the Wadden Islands and the Caribbean part of the Kingdom of the Netherlands. Vehicles will always be registered in the Netherlands. If the Customer wishes to re-register the Vehicle outside of the Netherlands, the Customer is responsible for any related registration, taxes, duties and fees. The Customer is also responsible for adhering to local laws and requirements.

5. CUSTOMER’S RIGHT OF WITHDRAWAL – ONLY FOR CONSUMERS

5.1 In accordance with the provisions of the Act on Distance Contracts and Off-Premises Contracts included in the Dutch Civil Code, Customers purchasing as a Consumer shall have a right to withdraw from the Purchase Agreement by giving a clear notification of the withdrawal to Zeekr within fourteen (14) days from Delivery. The Customer may use the notification template as set out in Appendix 1. Zeekr shall without delay confirm the receipt of the notification.

5.2 In case of withdrawal from the Purchase Agreement, the Customer shall return the Vehicle in the condition it was in at the time of Delivery (including all accessories and extras included in the purchase of the Vehicle) free from any liens or encumbrances. The Customer shall within fourteen (14) days after giving notice of withdrawal, return the Vehicle to Zeekr at his/her own expense.

5.3 If the Customer withdraws from the Purchase Agreement in accordance with section 5.1 - 5.2, Zeekr shall be entitled to compensation for any loss of value in the Vehicle only to the extent that such loss is a result of the Customer handling the Vehicle to a greater extent than what is necessary to be able to determine the Vehicle’s characteristics and/or functioning. If the Vehicle has been driven more than 500 kilometres, between the date of Delivery and the return of the Vehicle after withdrawal, it shall at all times count as handling the Vehicle to a greater extent than necessary. Compensation in accordance with this section 5.3 may be paid by set-off of the purchase price re-payment by Zeekr.

5.4 Zeekr’s repayment of the purchase price including any set-off, if applicable, is conditional on the Customer having returned the Vehicle (including all accessories and extras included in the purchase of the Vehicle) in a complete and undamaged condition, and that the ownership title has been transferred back to Zeekr. The Customer shall have no right to withdraw from the Purchase Agreement if the purchase relates to a custom-ordered Vehicle that Zeekr cannot sell to another buyer without significant loss in accordance with art. 6:230, paragraph f, sub-paragraph 1 of the Dutch Civil Code.

5.5 The Customer shall be liable for all taxes, duties, fines or similar accrued during the period the Vehicle is in the Customer’s possession.

5.6 After set-off in accordance with section 5.3, Zeekr will refund the purchase price to the Customer within fourteen (14) days from the date that the Vehicle has been returned and/or after receipt of proof of return of the Vehicle.

6. LIABILITY FOR DEFECTS

6.1 Zeekr shall be liable for manufacturing defects in the Vehicle covered by the Warranty (referred to and defined in section 12.1). (hereinafter “Warranty”). Except for this section 6.1., the provisions of this section 6 shall not apply for Customers purchasing as a Business. For both types of Customers, a description of the defect together with an underlying investigation shall be given importance in the assessment of whether the defect existed at Delivery.

For Customers purchasing as a Consumer

6.2 Zeekr shall also be liable for defects in accordance with the mandatory provisions with regard to consumer purchases included in Book 7 of the Dutch Civil Code.

6.3 Zeekr shall be liable for defects that exist at the time of Delivery, e.g., that the Vehicle is not in such condition the Customer could reasonably have assumed with regard to price, age and mileage. Defects that occur within two (2) years from the Delivery shall be deemed to have existed at the time of delivery, unless Zeekr can show otherwise or if this is incompatible with the nature of the Vehicle or the defect.

6.4 In case of a defect in the Vehicle, the Customer purchasing as a Consumer shall have a right to demand Zeekr’s remedy of the defect or delivery of a new vehicle if this can be done without unreasonable costs for Zeekr unless the defect is too minor to justify replacement.

6.5 If repair and replacement in accordance with section 6.4 are not possible or cannot be required from Zeekr, the Customer shall instead have right to demand a price reduction corresponding to the defect or cancel the purchase unless the defect is too minor to justify cancellation.

6.6 The Customer shall notify Zeekr of any defects as soon as possible. Depending on the type of defect, the Customer shall make any complaints within the applicable warranty periods stipulated by the Warranty or in accordance with Book 7 of the Dutch Civil Code, as applicable. Zeekr shall have no liability for any defect of which the Customer fails to timely notify Zeekr.

7. CUSTOMER'S RIGHT TO DAMAGES

For Customers purchasing as a Business

7.1 Zeekr shall have no liability to the Customer for any direct or indirect damages, including but not limited to, consequential damages, indirect damages, cost and losses, loss of profit/income or any other form of loss in business operations.

For Customers purchasing as a Consumer

7.2 The Customer is not entitled to compensation unless the mandatory provisions with regard to consumer purchases included in the Dutch Civil Code grant the Customer a right to compensation of damages, e.g., expenses and losses, incurred by the Customer due to the Vehicle being defective or as a result of Zeekr’s delay in delivery. Zeekr shall have no liability for compensation which is purely of non-pecuniary nature.

7.3 The Customer shall not be entitled to damages if Zeekr can show that the delay or defect occurred due to an obstacle beyond Zeekr's control which Zeekr could not reasonably have foreseen at the time of the purchase, and the consequences of which Zeekr could not reasonably have avoided or overcome (including without limitation, war, natural disasters, riot or other civil unrest, industrial disturbances or pandemic).

7.4 The Customer shall take reasonable steps to limit its damage, cost and losses.

8. CUSTOMER’S DELAY

8.1 If the Vehicle is available for Delivery and the Customer has not paid the Purchase Price timely and the delay is through no fault of Zeekr, Zeekr shall have a right to demand the Customer’s fulfilment of the purchase and payment of the statutory interest rate over the purchase price over the period the Customer is in default. In addition, Zeekr shall have a right to cancel the purchase if the Customer’s delay is a material breach of the Purchase Agreement and the Customer has not fulfilled the payment within an, by Zeekr determined, additional time (normally within two (2) weeks). Upon cancellation, Zeekr is entitled to compensation of ten (10) per cent of the Purchase Price (for Consumers), and eighteen (18) per cent of the Purchase Price, plus, as applicable, compensation for the removal and installation of any extra equipment and other costs due to the cancellation (for Business Customers).

9. CONNECTIVITY PRODUCTS, AND OTHER SERVICES

Zeekr Connected Services

9.1 A standard package of connected services (hereinafter “Standard Connected Package”) is included in the purchased Vehicle without any additional cost. In addition, the subscription to a premium package of connected services (hereinafter “Premium Connected Package” and together with Standard Connected Package, “Zeekr Connected Services”) is available for purchase via the Zeekr website by placing an order, or via the Zeekr app upon Delivery of the Vehicle.  

The Premium Connected Package subscription is available for use from the date of Delivery and is subject to the pricing and duration displayed in the corresponding Zeekr Sales Platform at the time the order for the subscription is placed. The Customer has the right to cancel the subscription within 14 days of purchase and receive a full refund. After this 14-day period, the subscription is non-refundable. 

The subscription will automatically renew for periods of 1 year unless the Customer cancels the subscription at least 30 days before the end of the current subscription term. The Customer may manage or cancel the subscription at any time via the Zeekr app. 

9.2 The Customer shall at all times comply with Zeekr’s general terms and conditions and terms of use regarding Zeekr Connected Services, to be provided by Zeekr to the Customer in connection to Delivery. 

9.3 The functionality and services included in the Zeekr Connected Services can be altered at any time, and certain functionality and/or services can be limited or inaccessible from time to time. For Customers purchasing as a Consumer, changes in Premium Connected Package  may result in a right to terminate the subscription. A data connection is required for access to the Zeekr Connected Services. Zeekr provides a data connection through a mobile network operator but shall not be responsible for the quality, functionality, reliability of this connection and potential updates that may be required to use or continue using this connection. 

 Roadside Assistance

9.4 The purchase of a Vehicle includes access to roadside assistance provided by Zeekr or a Zeekr authorised third party (“Zeekr Assist”) for three (3) years. A separate description of the services and the terms and conditions of Zeekr Assist can be found here: Assist Terms and Conditions.

10. RETENTION OF TITLE

10.1 The ownership of the Vehicle delivered by Zeekr, will be reserved to Zeekr until the Customer has fulfilled all payment requirements under the Purchase Agreement. Liability for the Vehicle shall pass from Zeekr to the Customer upon Delivery being concluded in accordance with section 4.2.

11. REGISTRATION AND INSURANCE

11.1 Zeekr shall, at the Customer’s expense, ensure that the Vehicle is registered and licensed for use in the Netherlands. The Customer shall cooperate with Zeekr to the extent necessary, to ensure that the registration can be made. The costs for this shall be specified in the Purchase Agreement. The Customer shall ensure that the Vehicle is insured from the day of Delivery.

12. WARRANTY, SERVICE AND REPAIR

12.1 The new car warranty provided by Zeekr to the Customer is specified in a warranty policy (hereinafter “Warranty”). The warranty policy can be found here: Warranty Terms and Conditions.

12.2 Service or repairs are recommended to be performed by Zeekr’s own service centres or mobile services, or otherwise Zeekr authorized service and repair points/shops.

13. OWNER’S MANUAL

13.1 The Customer shall have access to a digital owner’s manual for the Vehicle online in the Customer’s Zeekr account and via the Vehicle’s infotainment system. An extracted version of the owner’s manual will also be available, in physical form, in the Vehicle upon Delivery. The complete and digital owner’s manual shall take precedence over the extracted version.

14. GDPR

14.1 Zeekr will process personal data of the Customer. Information regarding Zeekr’s personal data processing is set out in Zeekr’s personal data processing policy which will be made available to the Customer in accordance with applicable data protection legislation. The policy is also available on https://www.zeekr.eu/nl-nl/policy.

15. INTELLECTUAL PROPERTY RIGHTS

15.1 All material such as text, files, images, graphics, drawings, photos, videos, music or other material ("Content") published by Zeekr are protected by the “Auteurswet”. Duplication, copying, assignment, sale, transfer or any other form of utilisation of such Content (both for commercial and non-commercial purposes) is prohibited and requires Zeekr’s prior written approval. This means, for example, that the Customer may not transfer such Content to another website or copy or distribute the Content in any other way without Zeekr’s prior written approval.

16. EARLY TERMINATION – FOR BUSINESS CUSTOMERS ONLY

16.1 Zeekr is entitled to terminate the Purchase Agreement with immediate effect if the Business Customer is declared bankrupt, applies for judicial or extra-judicial settlement with its creditors, makes an arrangement for the benefit of this creditors, voluntarily files for bankruptcy or has a receiver or trustee in bankruptcy appointed or is the subject of liquidation or dissolution or involuntary bankruptcy proceedings or otherwise discontinues business.

16.2 Zeekr shall be discharged from all liability for a failure to perform an obligation under the Purchase Agreement and these General Terms and Conditions due to a circumstance beyond Zeekr’s control. Circumstances giving rise to such discharge are such as, but not limited to, changes in laws or regulations or the interpretation thereof, acts of government, war, acts of war, strikes or other industrial action, blockades, pandemics, unforeseen delays by factories producing the Car, major accidents such as accidents affecting the production of the Car or the level of orders, damage to machinery and currency restrictions etc. (hereinafter "Force Majeure"). Should Zeekr be unable to fulfil its obligations due to a Force Majeure event for more than three (3) months, Zeekr shall have a right to terminate the Purchase Agreement with immediate effect.

17. ASSIGNMENT

17.1 These General Terms and Conditions, and the rights and obligations arising from an Order or Purchase Agreement, cannot be assigned or transferred by Customer to a third party. However, Zeekr shall have a right to assign or transfer Zeekr’s rights and obligations under these General Terms and Conditions to a third-party.

18. DISPUTES AND GOVERNING LAW

18.1 These General Terms and Conditions, and any Order or Purchase Agreement relating hereto, shall be governed by Dutch law, without regard to its conflict of law provisions. The convention on contracts for the international sale of goods (“Treaty of Vienna”) is not applicable. Any dispute, controversy or claim arising out of or in connection with these General Terms and Conditions, or any Order or Purchase Agreement relating hereto, or the breach, termination or invalidity thereof, shall, if unable to be solved between the parties, at first instance be settled by the District Court of Amsterdam if the Customer is a Business Customer. If the Customer is a Consumer, any dispute, controversy or claim arising out of or in connection with these General Terms and Conditions, or any Order or Purchase Agreement relating hereto, or the breach, termination or invalidity thereof, shall, if unable to be solved between the parties, at first instance be settled by the competent court in the Netherlands.

ANNEX 1

NOTIFICATION OF WITHDRAWAL

As a consumer, you can use this form to withdraw from your purchase contract with Zeekr (you may also withdraw in other ways) in accordance with Zeekr’s General Terms and Conditions for Purchase of Passenger Vehicles, and the Act on Distance Contracts and Off-Premises Contracts (Swe: Lag om distansavtal och avtal utanför affärslokaler (2005:59)). Fill out the form below and sent it to Zeekr.

INFORMATION REGARDING THE COMPANY

INFORMATION REGARDING THE CUSTOMER

APPENDIX 2

General Terms and Conditions for the purchase of Zeekr Accessories and Winter Wheels

(Version 1.0)

This is an English translation version of the General Terms and Conditions for purchases made in Sweden. The English translation version should be used for consultation purposes only and the Swedish local language version applies.

1. GENERAL

These general terms and conditions (hereinafter "General Terms and Conditions") apply between Zeekr Netherlands B.V. (reg. no. 88541983), hereinafter "Zeekr") and the individual (natural person acting for purposes which are outside his trade, business or profession) or company (legal entity or natural person pursuing his trade, business or profession), as applicable (hereinafter, respectively referred to as “Consumer” or “Business”, and collectively, as the “Customer” unless otherwise indicated) for the purchase and delivery of accessories, winter wheels and equipment to a Zeekr Vehicle (hereinafter, “Accessories”). By placing an order for Accessories, the Customer agrees to be bound by these General Terms and Conditions.

2. ORDER AND ORDER CONFIRMATION

2.1 A Customer may purchase Accessories by placing an order via the Zeekr website or Zeekr app (hereinafter, “Zeekr Sales Platform(s)”) in relation to the purchase of the Vehicle or afterwards or directly through a Zeekr workshop or Zeekr authorised workshop (if applicable).

2.2 An offer of Accessories on the Zeekr Sales Platform(s) do not constitute a binding offer from Zeekr to enter into a purchase contract with the Customer, but only invites the Customer to place an order.

2.3 Zeekr shall send an order confirmation to the Customer without undue delay from receiving an order for Accessories. A binding agreement on the purchase and delivery of Accessories shall be deemed concluded upon Customer’s receipt of such order confirmation.

2.4 Zeekr reserves the right to decline an order of an Accessory or Accessories (e.g., due to alterations in the product range). If Zeekr declines an order, no purchase agreement shall be deemed concluded. Zeekr shall notify the Customer of a decline without undue delay.

2.5 If the Customer is leasing the Zeekr vehicle, the Customer’s right to purchase Accessories is subject to prior approval of the lessor, unless such right follows from the leasing agreement. The leasing agreement may also contain terms for purchasing Accessories (including e.g., payment terms).

2.6 If an Accessory is provided by a third party, the Customer will be directed to that third party.

3. PRICE AND PAYMENT

3.1 All prices including costs for delivery and other fees (if applicable) are displayed on Zeekr Sales Platforms and are subject to changes and updates by Zeekr from time to time.

3.2 All applicable and available payment alternatives and information will be displayed on Zeekr Sales Platforms.

4. DELIVERY

4.1 Accessories shall be delivered by Zeekr to the address specified by the Customer in the order, or supplied and fitted in connection with the delivery of the Zeekr Vehicle. The estimated delivery date for Accessories shall be set out in the applicable order confirmation. Zeekr shall aim to deliver on the estimated delivery date.

4.2 If the Customer has purchased winter wheels, Zeekr shall deliver the wheels to the Customer’s address, a Zeekr Tire Hotel, a Zeekr Partner Tire Hotel, or arrange customer collection at the delivery of a Zeekr vehicle, as agreed between Zeekr and the Customer.

4.3 Delivery of Accessories is limited to the Netherlands, excluding the Wadden Islands and the Caribbean part of the Kingdom of the Netherlands.

4.4 If the delivery is provided by a third party, the Customer is responsible for receiving delivery of the Accessories in accordance with the agreed time and third-party delivery provider’s instructions. If delivery is unsuccessful, the Accessories will be returned to Zeekr and Zeekr reserves the right to charge the Customer for the cost of delivery and return.

5. CUSTOMER’S RIGHT OF WITHDRAWAL – ONLY FOR CONSUMERS

5.1 In accordance with the provisions of the Act on Distance Contracts and Off-Premises Contracts included in the Dutch Civil Code, Customers purchasing as a Consumer shall have a right to withdraw from the purchase of an Accessory or Accessories.

5.2 The Customer shall have a right to withdraw from the purchase by giving a clear notification of the withdrawal to Zeekr within fourteen (14) days from delivery. The Customer may use the notification template as set out in Appendix 1. Zeekr shall without delay confirm the receipt of the notification.

5.3 In case of withdrawal from the purchase, the Customer shall return the Accessory in the condition it was in at the time of delivery and free from any liens or encumbrances. The Customer shall within fourteen (14) days after giving notice of withdrawal, return the Accessory to Zeekr at his/her own expense to the location specified by Zeekr from time to time. When the right of withdrawal has been exercised, the Customer no longer has the right to use the Accessory other than to return it.

5.4 If the Customer withdraws from the purchase, Zeekr shall be entitled to compensation for any loss of value in the Accessory only to the extent that such loss is a result of the Customer handling the Accessory to a greater extent than what is necessary to be able to determine the Accessory’s characteristics and/or functioning. Compensation in accordance with this section may be paid by set-off of the purchase price re-payment by Zeekr.

5.5 Zeekr’s repayment of the purchase price including any set-off, if applicable, shall be made without undue delay, however such repayment is conditional on the Customer having returned the Accessory in a complete and undamaged condition or confirmed somehow that the return has been initiated.

5.6 The Customer shall have no right to withdraw from the purchase if it relates to an Accessory which after delivery, is linked with another product in such a way that the products cannot be separated from each other, e.g., a tow bar.

6. LIABILITY FOR DEFECTS

6.1 All new Accessories come with a two (2) year warranty ("Warranty"). Please refer to Zeekr’s Warranty for further information on your Warranty. Except for this section 6.1., the provisions of this section 6 shall not apply for Customers purchasing as a Business. For both types of Customers, a description of the defect together with an underlying investigation shall be given importance in the assessment of whether the defect existed at delivery.

For Customers purchasing as a Consumer

6.2 Zeekr shall also be liable for defects in accordance with the mandatory provisions with regard to consumer purchases included in Book 7 of the Dutch Civil Code.

6.3 Zeekr shall be liable for defects that exist at the time of delivery, e.g., that the Accessory is not in such condition the Customer could reasonably have assumed with regard to price, age and other conditions. Defects that occur within two (2) years from the delivery shall be deemed to have existed at the time of delivery, unless Zeekr can show otherwise or if this is incompatible with the nature of the Accessory or the defect.

6.4 The Customer shall notify Zeekr of any defects as soon as possible. Depending on the type of defect, the Customer shall make any complaints within the applicable warranty periods stipulated by the Warranty or in accordance with Book 7 of the Dutch Civil Code, as applicable. Zeekr shall have no liability for any defect of which the Customer fails to timely notify Zeekr.

7. CUSTOMER'S RIGHT TO DAMAGES

For Customers purchasing as a Business

7.1 Zeekr shall have no liability to the Customer for any direct or indirect damages, including but not limited to, consequential damages, indirect damages, cost and losses, loss of profit/income or any other form of loss in business operations.

For Customers purchasing as a Consumer

7.2 The Customer is not entitled to compensation unless the mandatory provisions with regard to consumer purchases included in the Dutch Civil Code grant the Customer a right to compensation for damages, e.g., expenses and losses, incurred by the Customer due to the Accessory being defective or as a result of Zeekr’s delay in delivery. Zeekr shall have no liability for compensation which is purely of non-pecuniary nature.

7.3 The Customer shall not be entitled to damages if Zeekr can show that the delay or defect occurred due to an obstacle beyond Zeekr's control which Zeekr could not reasonably have foreseen at the time of the purchase, and the consequences of which Zeekr could not reasonably have avoided or overcome (including without limitation, war, natural disasters, riot or other civil unrest, industrial disturbances or pandemic).

7.4 The Customer shall take reasonable steps to limit its damage, cost and losses.

8. GDPR

8.1 Zeekr will process personal data of the Customer. Information regarding Zeekr’s personal data processing is set out in Zeekr’s personal data processing policy which will be made available to the Customer in accordance with applicable data protection legislation. The policy is also available on https://www.zeekr.eu/nl-nl/policy.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 All material such as text, files, images, graphics, drawings, photos, videos, music or other material ("Content") published by Zeekr are protected by the ‘Auteurswet’. Duplication, copying, assignment, sale, transfer or any other form of utilisation of such Content (both for commercial and non-commercial purposes) is prohibited and requires Zeekr’s prior written approval. This means, for example, that the Customer may not transfer such Content to another website or copy or distribute the Content in any other way without Zeekr’s prior written approval.

10. DISPUTES AND GOVERNING LAW

10.1 These General Terms and Conditions, and any order or purchase agreement relating hereto, shall be governed by Dutch law, without regard to its conflict of law provisions. The convention on contracts for the international sale of goods (‘Treaty of Vienna’) is not applicable. Any dispute, controversy or claim arising out of or in connection with these General Terms and Conditions, or any order or purchase agreement relating hereto, or the breach, termination or invalidity thereof, shall, if unable to be solved between the parties, at first instance be settled by the District Court of Amsterdam if the Customer is a Business. If the Customer is a Consumer, any dispute controversy or claim arising out of or in connection with these General Terms and Conditions or any order or agreement relating hereto, or the breach, termination or invalidity thereof, shall, if unable to be solved between the parties, at first instance be settled by the competent court in the Netherlands.

APPENDIX 3

Zeekr Care Service Plan Terms and Conditions

(Version 1.0)

This is an English translation version of the General Terms and Conditions for purchases made in The Netherlands. The English translation version should be used for consultation purposes only and the Dutch local language version applies.

These terms and conditions apply between a customer of a Zeekr vehicle (“Customer”) who has purchased a service plan, and Zeekr Netherlands B.V. (reg. no. 88541983), (hereinafter “Zeekr”), ("Service Plan Terms and Conditions"). By purchasing a service plan, the Customer agrees to these Service Plan Terms and Conditions.

1. DEFINITIONS

  • "Zeekr Workshop" means any Zeekr owned workshop or Zeekr mobile service providing the Services.

  • "Zeekr Authorised Workshop" means any third-party Zeekr authorised workshop providing the Services.

  • "Vehicle" means the Customer’s Zeekr vehicle.

  • "Services" means each of the scheduled maintenances and health checks services of the Vehicle as set out in the Zeekr Care Service Plan in accordance with the standard times and intervals specified therein.

  • "Service Interval" means either the (i) mileage interval, or (ii) time interval, whichever ending first, specified for each Service in the Zeekr Care Service Plan.

  • "Customer Service Plan" means the set of Services purchased by the Customer.

  • "Zeekr Care Service Plan" means the recommended maintenance and health check services as described on the Zeekr website.

2. SCOPE OF SERVICES

2.1 The scope of Services is set out in the Zeekr Care Service Plan.

2.2 The Customer may choose to purchase all or a set number of Services. The Customer Service Plan shall only include the Services actually purchased by the Customer.

3. Provision of Services

3.1 The Services shall be provided by a Zeekr Workshop or a Zeekr Authorised Workshop.

3.2 The Services may be provided as a mobile service by a Zeekr Workshop sending a service technician to the Customer’s preferred location. Zeekr shall have a right to an additional fee for mobile services. Such additional fee, and the applicable terms of payment, shall be specified by Zeekr when the Customer requests the mobile service. Depending on the Customer’s preferred location, the availability of mobile service may be limited.

3.3 To request a Service under the Customer’s Service Plan, the Customer must contact a Zeekr Workshop or a Zeekr Authorised Workshop either directly or via the service booking page on the Zeekr website or Zeekr mobile app. Proof of purchase may be requested by the Zeekr Workshop or Zeekr Authorised Workshop.

3.4 each requested and performed Service shall be provided in accordance with the Zeekr Workshop or Zeekr Authorised Workshop’s own terms and conditions. The applicable terms and conditions will be provided to the Customer at the time of booking.

3.5 Zeekr reserves the right to modify the Zeekr Care Service Plan. Such change will not incur any additional cost to the Customer. If any alteration or modification substantially changes the provision of the Customer Service Plan, the Customer may be entitled to terminate the Customer Service Plan and be refunded the remaining Services under the Customer’s Service Plan.

3.6 Zeekr intends to have a high coverage network of workshops that may provide Services in all territories where Zeekr Vehicles are sold. Zeekr shall however not be obliged to ensure that a Zeekr Workshop or Zeekr Authorised Workshop is located at a convenient distance from the Customer. The Customer acknowledges and accepts that the availability of Zeekr Workshops and Zeekr Authorised Workshops may be subject to change at any time.

4. CUSTOMER’S OBLIGATIONS

4.1 The Customer shall observe and adhere to the Service Intervals, notably if a Service Interval becomes due earlier due to mileage. Each Service within the Customer Service Plan can only be requested and obtained within the Service Interval.

4.2 If the Customer fails to request and obtain a Service within the Service Interval and the failure is not caused by Zeekr, this may result in denial of the requested Service or an additional cost charged for such Service.

5. LIABILITY

5.1 Zeekr’s responsibility is limited to the provision of the Customer Service Plan in accordance with these Service Plan Terms and Conditions. In the event of a default or delay, the Customer shall notify Zeekr as soon as possible. Zeekr’s liability is limited to repayment of the purchase price paid for the Customer Service Plan. Zeekr is never responsible for the performance of a third-party.

6. RIGHT OF WITHDRAWAL – FOR CONSUMERS ONLY

6.1 If the Customer is a consumer, the Customer shall have a right to withdraw from purchase of Services in accordance with the provisions of the Act on Distance Contracts and Off-Premises Contracts included in the Dutch Civil Code. The Customer shall have a right to withdraw from the Purchase Agreement by giving a clear notification of the withdrawal to Zeekr within fourteen (14) days from the start of the Services. The Customer may use the notification template as set out in Appendix 1: Notification of Withdrawal. Zeekr shall without delay confirm the receipt of the notification.

6.2 If the Customer withdraws from the purchase of Services in accordance with this section 6, Zeekr shall to the Customer repay the sum paid by the Customer for the purchase of Services.

7. TRANSFERABILITY

7.1 If the Customer transfers the Vehicle to a new owner, the Customer Service Plan shall remain with the Vehicle and the new owner shall have a right to utilise the Services included in the Customer Service Plan in accordance with these Service Plan General Terms and Conditions.

8. PAYMENT OF SERVICES

8.1 The Customer shall make payment for the Customer Service Plan to Zeekr at the time of purchase in accordance with the price and payment terms set out by Zeekr to the Customer when purchasing the Customer Service Plan. No other fees shall be applicable except for what is stated in section 3.2, as agreed.

8.2 Any services falling outside the scope of the Customer Service Plan shall be remunerated separately and directly to the applicable Zeekr Workshop or Zeekr Authorised Workshop.

9. TERM AND TERMINATION

9.1 These Service Plan Terms and Conditions shall enter into force upon the Customer’s purchase of the Customer Service Plan. The Customer’s Service Plan duration begins on the date the Vehicle is first registered.

9.2 The Customer Service Plan shall remain in force until all Services included in the Customer Service Plan have been provided (provided that the Customer made a booking for the final Service prior to the end of the applicable Service Interval – otherwise, the Customer Service Plan and these Service Plan General Terms and Conditions shall terminate at the end of the end of such interval).

9.3 If the Customer withdraws from the Vehicle purchase agreement, or the Vehicle purchase agreement is otherwise terminated, the Customer Service Plan and these Service Plan General Terms and Conditions shall terminate with immediate effect upon such termination.

9.4 Zeekr shall have a right to terminate the Customer Service Plan and these Service Plan General Terms and Conditions by written notice if the Customer (i) fails to make payment for the Vehicle in accordance with the Vehicle purchase agreement, (ii) has modified the Vehicle in a manner that potentially may harm or endanger person(s) located in and/or around the Vehicle, or (iii) violates any terms and conditions set out in these Service Plan Terms and Conditions. Zeekr shall in case of such termination repay to the Customer the sum paid by the Customer to Zeekr for parts of the Customer Service Plan not provided to the Customer.

10. FORCE MAJEURE

The parties shall be discharged from any liability to compensate the other party for any loss, damage or costs arising under these Service Plan Terms and Conditions due to an event beyond the Party’s reasonable control and where the event can reasonably be considered unavoidable. Such event shall for example, but not limited to, be such as war or warlike acts, restrictions by public authorities, fire, strike, blockade, prohibition, defects or other similar events.

11. AMENDMENT OF TERMS AND CONDITIONS

Zeekr shall have a right to, at its sole discretion, amend and update these Service Plan Terms and Conditions. Any amendments will be announced at www.zeekr.eu/nl-nl.

12. GOVERNING LAW AND DISPUTES

These Service Plan Terms and Conditions shall be governed by Dutch law, without regard to its conflict of law provisions. The convention on contracts for the international sale of goods (‘Treaty of Vienna’) is not applicable. Any dispute, controversy or claim arising out of or in connection with these General Terms and Conditions, or any order or purchase agreement relating hereto, or the breach, termination or invalidity thereof, shall, if unable to be solved between the parties, at first instance be settled by the District Court of Amsterdam if the Customer is a Business. If the Customer is a Consumer, any dispute controversy or claim arising out of or in connection with these General Terms and Conditions or any order or agreement relating hereto, or the breach, termination or invalidity thereof, shall, if unable to be solved between the parties, at first instance be settled by the competent court in the Netherlands.

13. CONTACT INFORMATION

For inquiries or service requests related to the Zeekr Care Service Plan or the Customer’s Service Plan, the Customer may contact the Zeekr EU Contact Centre, a Zeekr Workshop or Zeekr Authorised Workshop.