These VinFast E Reservation Terms and Conditions ("Reservation Terms and Conditions") contain important information regarding the VinFast reservation program (the "Reservation Program"). Please read these Reservation Terms and Conditions carefully. The Reservation Program is operated and offered to you by VinFast France S.A.S, a company incorporated in France (RCS Paris 893 573 535) whose registered office is at 72, rue du Faubourg Saint Honoré, Paris (75008), ("VinFast"). By participating in the Reservation Program, you confirm that you have read and accept these Reservation Terms and Conditions.
1. Reservation, Order Placement and Purchase.
The Reservation Program of VinFast consists of two main steps for you: Reservation and Order Placement. You now have the possibility to register for the Reservation Program and place a reservation request with us by making a 150€ Reservation Fee payment to secure your Reservation . With this reservation request you will be kept up-to-date via email about the Reservation Program. Order placement allows you to place a firm order for a vehicle for a purchase or lease.
a. Reservation without obligation.
Your Reservation and payment of the Reservation Fee (as described below) will act as a reservation for you to place an order for the Vehicle after receiving an invitation to do so from VinFast (the "Reservation)". After you place your reservation request and make a 150€ Reservation Fee payment you will receive a welcome email confirming receipt of your request. The Reservation shall become effective under these terms & conditions once Vinfast received the full 150€ Reservation Fee. With your Reservation, you are under no obligation to purchase a vehicle from us, and we are under no obligation to sell or otherwise supply you with a vehicle. These Terms & Conditions do not constitute an agreement for the sale of a Vehicle and do not lock in pricing, a firm production slot, a firm delivery date, or specific Vehicle configuration. VinFast may decline Reservations to avoid over-subscription or as we deem appropriate in our sole discretion.
b. Order Placement.
As the production date for the Vehicle approaches, we will notify you about the availability of different Vehicle configurations and different prices. We will then invite you to place your order. The Vehicle with your selected options is your "Selected Vehicle". Following the placement of your order and execution of a purchase contract with us your Reservation Fee will become non-refundable. In such case the Reservation Fee shall be applied towards the purchase or the lease subscription agreement.
c. Vehicle Purchase or Lease.
To complete the purchase or lease of your Selected Vehicle, you must execute the VinFast Motor Vehicle Purchase Agreement ("Sales Agreement") which will include separate terms and conditions, including the final price sheet for your Selected Vehicle. Full payment for your Selected Vehicle, including purchase price, taxes, title or registration fees, delivery charges and other fees and charges, if applicable, will be required at that time.. In case of Lease, your Vehicle financing must be approved in advance of Vehicle delivery.
2. Eligibility and Entity Reservations.
You represent and warrant that you are at least 18 years of age and a resident of one of the State Members of the European Community. For the time being, these Terms & Conditions are only applicable to private consumers. If you want to make a Reservation for a Vehicle or more on behalf of a company, organization or entity (an "Entity"), we invite you to contact our Teams in charge of Fleet business at the following email Address: [email protected].
3. Vehicle and Reservation Information.
a. You represent and warrant that all information you provide in connection with your Reservation is accurate and complete, and you acknowledge that it is your responsibility to keep this information current. VinFast shall not be liable for inaccurate, incomplete, or outdated information.
b. VinFast VF 8 and VF 9 information: All information related to the Vehicle presented on the website may be subject to change and that the information and technical data concerning the Vehicles are provisional. Final information about the technical characteristics of the VinFast VF 8 and VF 9 (including final consumption and emission data plus final transaction price) will be confirmed before you have the option to place an order with VinFast for an available VinFast VF 8 or VF 9.
4. Reservation Fee: You will be charged one hundred fifty Euros (€150.00) (the "Reservation Fee") when you confirm your Reservation. Placing a Reservation by confirming your Reservation request constitutes your express agreement to be charged the Reservation Fee. Your payment will be processed and held in a separate account designated solely for Reservation Fees, and either released for application towards the purchase price of your Selected Vehicle when you execute the Sales Agreement, refunded pursuant to Section 7 below, or forfeited if you place an order and do not sign a Sales Agreement for your Selected Vehicle within three (3) months of being presented with such Sales Agreement by VinFast. We will not pay any interest on Reservation Fees except to the extent required by applicable law.
5. Reservation Priority.
The date when your Reservation was processed by us will be used as an approximate priority number for determining when you will be invited to complete your Selected Vehicle order. However, we reserve the right to re-sequence reservations based on available delivery locations and vehicle configurations. If you do not enter into a Sales Agreement with us within a reasonable period of time, we may bypass your Reservation and invite others with lower priority to submit vehicle orders.
6. No Guarantee of Delivery Date.
We will endeavor to produce your Selected Vehicle in the future and your priority will be generally determined by the date of payment of your Reservation Fee, our manufacturing schedule, our delivery and service operations availability, and execution of the Sales Agreement. There is no guarantee as to delivery date.
7. Reservation Cancellation.
You may cancel your Reservation and request a full refund of your Reservation Fee at any time prior to placing your Selected Vehicle order. Refunds of the Reservation Fee resulting from such cancellation will become available for distribution within 30 days after you have informed us about your cancellation. VinFast may cancel your Reservation at any time and upon such cancellation will issue a full refund of the Reservation Fee to your address on file.
8. Vehicle Configuration Change.
You represent and warrant that you understand that the Vehicle configuration may change prior to execution of the Sales Agreement. You understand that we may not have completed the development of the Vehicle or begun manufacturing the Vehicle at the time of your Reservation. Specifications, including but not limited to battery range and other available features, have not yet been finalized and are subject to change at any time, even after features are announced.
10. Force Majeure The obligations of either party under these Terms & Conditions (other than your payment obligations) will be suspended to the extent that such party is wholly or partially precluded from complying with its obligations under these Terms & Conditions by force majeure. Force majeure includes, but is not restricted to, fire, storm, flood, earthquake, explosion, accident, act of the public enemy, war, rebellion, insurrection, sabotage, outbreak, epidemic, public health emergency, quarantine restriction, labor dispute, labor or supply shortage, transportation embargo or failure, curtailment or delay in transportation, act of God, act (including laws, regulations, orders, advisories, disapprovals or failure to approve) of any government or public health agency or authority, whether national, statewide, municipal, or otherwise, or any other event or circumstance beyond the affected party's control.
If for any reason an arbitrator or court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable.
VinFast may change these Terms & Conditions at any time by providing notice on the website and by emailing you directly if you have made a Reservation. If you do not agree with ant changes to these Terms & Conditions, you may cancel your Reservation and receive a refund of your Reservation Fee in Accordance with Paragraph 7.
13. No Waivers.
The failure by VinFast to enforce any right or provision of these Terms & Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of VinFast.
You may not transfer or assign your rights under these Terms & Conditions without our express prior written consent. VinFast may assign the Agreement and/or your Reservation in our discretion without your consent. Any assignment in violation of these Terms & Conditions will be null and void.
VinFast may unilaterally cancel any Reservation, purchase, or lease if we believe such has been made with the intent to ultimately resell the Vehicle or otherwise has been made in bad faith, or if a Selected Vehicle, product, feature, or option is discontinued after you sign the Sales Agreement.
16. Limitation of Liability.
If VinFast fails to comply with these Terms & Conditions, VinFast liability will be limited to the refund of your Preorder deposit Fee. VinFast does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- for fraud or fraudulent misrepresentation.
VinFast is not liable for business losses. VinFast only permits Reservation and Order Placement on the Website, for domestic* and private purposes. If you pre-order or order a VinFast Vehicle for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
*"domestic" includes the European Economic Area and Switzerland.
17. Governing Law - Dispute Resolution.
These Terms & Conditions are governed by the laws of France. In the event of any dispute arising out of or in connection with these Terms & Conditions, the parties will attempt in good faith to resolve such dispute through negotiations between them. Where the parties are unable to resolve a dispute by means of negotiation,the parties shall submit the dispute to the French Courts.Online Dispute Resolution:If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission:http://ec.europa.eu/consumers/odr/.This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged and not willing to participate in online dispute resolution.
Payments made on the VinFast website for the Reservation Program will be processed using a third-party payment service provider. You acknowledge and agree that payments for the Reservation Program are solely between you and third-party payment service provider. You authorize the payment service provider to collect, analyze and relay information generated in connection with these payments. Furthermore, these payments are subject to the terms and conditions governing your card and to any agreements between you and your financial institution. You may be required to verify that you are the authorized controller of your payment card in order to complete a payment. So you may need to set up security passcodes, passwords, security questions and similar information (including fingerprint, face recognition or other biometric information) ("Security Details"). As long as the payment processing systems have checked your identity by verifying the Security Details, we will assume that we are dealing with you and that you have agreed to us disclosing information to you and acting on any instruction without getting further confirmation from you. You agree not to give your Security Details to anybody, not to write down your Security Details in a way that they could be understood by anyone else, and to make sure no-one else sees you enter your Security Details when you're making a payment on the website. You must tell us as soon as you can if someone else knows your Security Details (or you think they may do) you see any mistakes or unauthorized payments, or you think someone else has or has tried to use your payment method. We may ask you to change your Security Details for operational or security reasons.
Money laundering and terrorist financing: We may gather and verify information in relation to your identity before providing products and services to you. We may ask you, at any time, to supply additional information to help us to do this, and you should supply such information promptly. We will comply with all of our reporting and notification obligations under applicable anti-money laundering and financial crime rules and we may, at any time and without notice/explanation, suspend or terminate the products and services we provide to you if we have a concern about money laundering and/or financial crime risks.