Warranty Policy

 

1         Overview

1.1 We are liable to you that upon handover of the product to you the product is free from defects. In particular we are liable that the product:

a)    conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,

b)    is suitable for the purpose for which you require it and to which we have agreed, and

c)    is supplied with the agreed accessories and instructions for use, including assembly or installation instructions.

 

1.2    We shall be liable to you that in addition to the agreed characteristics:

a)    the product is fit for the purpose for which it is usually used, including with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the relevant industry, if there are no technical standards,

b)    the product corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind, that the Buyer can reasonably expect, also with regard to public statements made by the Seller or another person in the same contractual chain, in particular in advertising or in labelling, 

c)    the product is supplied with such accessories, including packaging, assembly instructions and other instructions for use, which the Buyer may reasonably expect, and

d)    the product corresponds in quality or workmanship to the sample or specimen provided by the Seller to the Buyer before the conclusion of the purchase contract.

 

1.3 The Provisions 1.1 and 1.2 shall not apply if prior the conclusion of the purchase contract we expressly notified you that any of the characteristics of the product differ and you expressly agreed to this by ordering the product.

 

1.4 If a gift is sent to you together with the subject matter of the purchase contract, you acknowledge that we make no representations as to the characteristics or quality of the gift item. Any defects in the subject matter of the gift shall be borne by you and you shall therefore have no rights in respect arising under defective performance or any other similar rights.

 

2  Limited Warranty

2.1 Consumers (not purchasing for commercial, trade, or professional purposes) who buy Smalo products are entitled to a limited warranty of 2 years and in case of the frame a limited warranty period of 5 years, covering manufacturing defects in materials and workmanship. The warranty period (the limited as well as the extended) starts from the date of delivery. This warranty policy applies to new products purchased directly from the official online store smalo-emobility.com and Smalo authorized dealers.

 

2.2 If a defect occurs within one year from the takeover of the product by the consumer, the product is deemed to have been defective upon their takeover, unless the nature of the product or the defect precludes it.

 

2.3. The warranty periods nor the period stated in the Provision 2.2 above do not run for the time during which the consumer cannot use the product, if the consumer rightly complained about the defect.

 

2.4 The warranty for resold used products still begins on the original purchaser’s delivery date. The warranty does not apply to a defect of a used product corresponding to the extent of use of the product or its wear and tear upon takeover by the consumer.

 

2.5 Items covered under the limited warranty with the exclusions stated further in this Warranty Policy or stated by the law:

• Frame – 5 years
• Battery – 2 years or 300 full charge cycles (limited to 80% capacity, whichever occurs first)
• Other electronic components (controller, human-machine interface, motor) – 2 years
• All other components – 2 years

If a product or workmanship defect occurs within the applicable warranty period, Smalo will repair or replace the product. Any replacement parts/components or products will be warranted for the remainder of the original warranty period.

 

2.6 The limited warranty does not cover the following items:

• Consumables
• Cosmetic damage or corrosion caused by natural or human factors
• Any non-original, unauthorized, or third-party components and parts
• Smalo products used for commercial rental or leasing
• Smalo products with factory-applied frame numbers that have been altered or removed

 

2.7 The limited warranty does not cover problems or damage caused in particular by the following:

• Wear and tear of any components caused by its normal use
• Damage or defects resulting from failure to follow the instructions outlined in the owner’s manual
• Unauthorized product modifications, alterations, or installation of incompatible components, including but not limited to the use of third-party applications or tools to change motor control settings. Please note that even a single unauthorized modification may lead to product damage, and any consequential damage to other bicycle components (including hardware) will also not be covered under this warranty.
• Accidents, collisions, falls, neglect, or misuse (e.g., jumps, stunt riding, or use on inappropriate terrain)
• Water damage caused by natural or human factors (e.g., improper cleaning tools, methods, or high-pressure washers)
• Force majeure events, including but not limited to natural disasters, war, theft, or vandalism

In addition to the above exclusions, the battery warranty does not cover in particular:

• Damage caused by power surges, use of non-original chargers, improper maintenance, or misuse
• Normal battery degradation or water damage
• Improper storage at temperatures below -20°C or above +45°C

 

2.8 A buyer shall not have the right arising from a defective performance if, before the takeover of the product, he/she was aware that the product had a defect, or if it was caused by the buyer himself.

 

2.9 Non-Smalo branded components bundled with Smalo products may be covered by a manufacturer’s warranty provided by the respective manufacturer. Please refer to the original product packaging, manual, or website of the brand for details.

 

2.10 Smalo is liable to the consumer for any defect caused by improper assembly or installation, which was carried out by or under the responsibility of Smalo pursuant to the contract. This also applies if the assembly or installation was carried out by the consumer and the defect is due to a deficiency in the instructions provided by us.

Process

2.11 It is highly recommended to initiate a warranty claim through a Smalo authorized dealer:

a. Please bring your bike to a Smalo authorized store and provide the original proof of purchase and warranty card at that time.

Note: You are responsible for the costs and risks of transporting the product to the store and picking it up after service is completed.

b. Store personnel will initially determine if the faulty part falls within the warranty coverage and meets the warranty period. They will then apply to the Smalo local service center for warranty replacement parts and retain your vehicle for the replacement. The process from retaining the bike to completing the warranty part replacement typically takes 3 to 7 business days. Store personnel will contact you to pick up your bike once the replacement is completed.

Note: If the store has existing warranty parts in stock, the replacement may be completed on the same day.

 

2.12 Moreover it is possible to initiate a warranty claim directly with Smalo customer service via email:

a. Contact Smalo customer service via email (smalo.service@smalo-emobility.com), submitting a description of the issue, corresponding photos/videos, valid proof of purchase for preliminary review and preferred method of settlement. In case of the extended 5-year limited warranty for the frame, the method of settlement will be decided by us in case the warranty claim is made after 2-years. For your safety, you should immediately stop using the product until the issue is fully resolved. Any injuries or further damage resulting from continued use of a defective product after initiating a warranty claim will be the sole responsibility of the buyer.

b. Once your warranty claim is preliminarily approved, you will receive an email notification. The Smalo local service center will contact you by phone within 7 days. For issues that can be resolved independently, the local service center will collaborate with you to address the problem and provide basic troubleshooting guidance. For items requiring professional technical repair or replacement, a designated courier will be arranged to pick up the product from your location for further inspection and settlement of the warranty claim.

Note: If the local service center is unable to reach you within 7 days after sending the email, another e-mail will be sent to you. If even after that we receive no reaction from you, it will be deemed that you have abandoned the return. If you fail to hand over the product to the courier on the agreed pickup date and the local service center will be unable to reach you to reschedule, it will be deemed that you have abandoned this warranty claim.

 

2.13 All warranty claims must be processed through a Smalo authorized dealer or the official customer service email, and our consent and authorization must be obtained before taking further action. Unauthorized repairs will hinder the warranty review process. If you or a third party attempts to repair the product without Smalo’s consent and authorization, the warranty will be voided, and Smalo will not reimburse any repair costs.

 

2.14 If the claim is accepted as legitimate, the buyer is entitled to reimbursement of the costs reasonably incurred in asserting this right. 

 

2.15 In case of the warranty claim, the consumer may require the removal of the defect. The consumer may require supply of a new product without defects or a repair of the product, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method. We may refuse to remove the defect, if it is impossible or disproportionately expensive in particular with regard to the significance of the defect and the value of the product which the product would have had without the defect.

 

2.16 The consumer may require a reasonable discount or withdraw from the contract, if:

a)    we refuse to remove the defect or fail to remedy the defect in accordance with the Section 2170 Subsection 1 and 2 of the Civil Code;

b)    the defect appears repeatedly;

c)    the defect is a material breach of the contract; or

d)    it is apparent from our statement or from the circumstances that the defect will not be removed within a reasonable time or without substantial difficulties to the consumer.

 

2.17 The reasonable discount shall be determined as the difference between the value of the product without defect and the defective product received by the consumer.

 

2.18 The consumer is not entitled to withdraw from the contract if the defect of the product is insignificant.

 

2.19 If the consumer withdraws from the contract, we will return to the consumer the purchase price without undue delay after the receipt of the returned product or when the consumer proves that the product was sent back.

 

2.20 Smalo settles a warranty claim, rectifies the defect and informs the consumer about it at the latest within 30 days since filing the warranty claim, unless a longer period is agreed between Smalo and the consumer. After elapsing of such a period the consumer is entitled to withdraw from the contract or to require a reasonable discount.

 

2.21 Until Smalo fulfils its obligations from the defective performance, the consumer does not have to pay the outstanding purchase price or part thereof.

 

2.22 The consumer acknowledges that in the event of replacement of the product in the course of the settlement of the claim, the new period for exercising rights from the defective performance does not run.

 

3  Limitation of Liability

3.1 Under no circumstances shall Smalo be liable for incidental, special, direct, indirect, consequential, or multiple damages arising from the sale or use of any Smalo product, including but not limited to lost business or profits, even if advised of the possibility of such damages.

• Riding an e-bike may cause minor or serious injuries, discomfort, or aggravate pre-existing medical conditions. Buyers choosing to ride a Smalo e-bike voluntarily assume all associated risks and responsibilities for any such injuries or medical complications.
• Buyers riding a Smalo e-bike acknowledge and accept that operating an e-bike involves inherent risks, dangers, and hazards, including but not limited to traffic conditions, weather, road and sidewalk surfaces, natural and artificial obstacles, collisions, and the negligence of others. Buyers further acknowledge and agree that Smalo’s liability is limited as set forth in this section.

 

3.2 Without prejudice to statutory product liability, buyers agree to indemnify and hold Smalo harmless from any claims, damages, expenses (including reasonable attorney’s fees), or liabilities arising from the buyer’s use of the bicycle. Without limiting the generality of the foregoing, except as expressly provided herein, the buyer assumes full responsibility for any and all loss, damage, injury, or death to persons or property (including their own and others’) arising from the possession, operation, or control of the bicycle, including all associated medical expenses and financial or economic losses.