Terms & Conditions

1. Seller, scope and status of these Terms

These Terms & Conditions apply to reservations and orders for Drive ÉLAN vehicles supplied by Blending Smiles - Unipessoal LDA, trading as Drive ÉLAN ("Drive ÉLAN", "we", "us" or "our").

Our details are: NIF 519254910; registered office at Caminho do Cuco, Lote 32, 8125-421 Quarteira, Portugal; email alex@drive-elan.com; website drive-elan.com.

These Terms apply together with the individual Vehicle Order, the final Vehicle Specification, any written quotation expressly incorporated into the Order, and any mandatory rights that apply by law. If an expressly agreed term in the Vehicle Order conflicts with these general Terms, the Vehicle Order prevails for that specific matter, subject always to mandatory law.

Nothing in these Terms excludes, restricts or replaces rights that cannot lawfully be excluded or restricted.

2. Consumer and business customers

A "Consumer" is an individual acting for purposes outside their trade, business, craft or profession. A "Business Customer" is any customer acting wholly or mainly for business or professional purposes.

Certain provisions in these Terms expressly apply only to Consumers. Business Customers do not benefit from consumer rights unless the law provides otherwise.

3. Website, configurator and enquiries

The Drive ÉLAN website, configurator, enquiry forms, price calculator, social-media content and marketing materials are provided to help customers explore and communicate a preferred vehicle specification.

Submitting a website configuration, enquiry or request does not by itself create a contract to purchase a vehicle and does not oblige Drive ÉLAN to accept an order.

The website button "Send My Configuration" is an enquiry/configuration step only. A binding vehicle order is created only in accordance with clause 4.

4. Order process and contract formation

After receiving a configuration or enquiry, we will confirm the proposed vehicle specification, total order value, customer status (private or business), payment schedule, any agreed delivery charge, and an estimated handover period.

The customer will then receive an official Vehicle Order and final Vehicle Specification. The customer must review these carefully before signing or otherwise formally accepting them.

A binding contract is formed when Drive ÉLAN accepts the signed Vehicle Order and the required initial payment has been received, unless the Vehicle Order states another acceptance point.

We may decline an order before acceptance, including where a specification is technically unavailable, legally non-compliant, incorrectly priced, unavailable from a supplier or otherwise not reasonably capable of being fulfilled.

5. Individually commissioned vehicles and specification

Drive ÉLAN vehicles may be individually commissioned to the customer's specification. Choices may include powertrain, body colour, paint finish, wheels, wheel-centre colour, upholstery, stitching, bimini roof, seatbelts, rain covers, storage, bumpers, graphics, branding and other bespoke details.

The final Vehicle Specification recorded in the accepted Vehicle Order is the contractual specification. Optional equipment, finishes or graphics shown in photographs, concept images, social media, demonstrations or website examples are not included unless expressly listed in the final Vehicle Specification.

The customer is responsible for checking the final Vehicle Specification before acceptance. After acceptance, changes are subject to clause 8.

6. Prices, VAT, registration, taxes and delivery

Unless expressly stated otherwise, prices displayed for Portuguese retail customers include Portuguese VAT at the applicable rate and include the agreed Portuguese registration service.

Collection from the agreed Drive ÉLAN handover point is included unless the Vehicle Order states otherwise. Delivery to another address or location is charged separately if requested and agreed.

Any government tax, levy, registration-related charge, inspection fee, duty, transport charge or other amount expressly identified in the Vehicle Order as payable by the customer is additional to the vehicle price.

If a tax rate or mandatory public charge changes after quotation but before it becomes legally fixed for the transaction, the customer remains responsible for any resulting amount to the extent permitted by law.

7. Reservation and payment schedule

The standard payment structure is:

€1,000 Build Slot Reservation - secures the proposed production slot and forms part of the first 40% payment.

• Before production begins - the customer pays the balance required to bring total payments to 40% of the Purchase Price.
• When the vehicle is built - a further 40% becomes payable when production of the vehicle has been completed. Photographs of the completed vehicle will be supplied before payment where reasonably practicable.
• Before registration and handover - the final 20%, together with any agreed additional charges, is payable before Portuguese registration and handover, collection or agreed delivery.
• Payment dates stated in the Vehicle Order are material to the production and handover process. We are not required to begin or continue the next stage until cleared funds due for the previous stage have been received.

8. Customer-requested changes and cancellation after order acceptance

Any request to change an accepted specification must be made in writing. A change is effective only when confirmed by Drive ÉLAN in writing.

Changes may affect price, production timing, availability, registration, type-approval compatibility or the estimated handover period. We may refuse a requested change if production has progressed too far or if the change is not technically, legally or commercially practicable.

If a customer asks to cancel after a binding order has been formed and no statutory right of withdrawal applies, Drive ÉLAN may decide whether to accept the cancellation. Where cancellation is accepted, Drive ÉLAN may deduct reasonable, evidenced costs and losses already incurred in connection with the individual order, subject always to mandatory law. Any remaining amount due back to the customer will be returned within a reasonable period.

9. Distance and off-premises contracts - right of withdrawal

Consumers entering certain distance or off-premises contracts may normally have a statutory 14-day right of withdrawal under Portuguese consumer law.

However, Portuguese law provides an exception for the supply of goods made to the consumer's specifications or clearly personalised. Where a Drive ÉLAN vehicle is individually commissioned, made to the customer's selected specification or clearly personalised, the statutory withdrawal right may therefore not apply.

Whether the exception applies depends on the circumstances of the individual order. These Terms do not remove a withdrawal right where the law requires one to be available.

Before the customer becomes bound by an online or distance order, the customer will be provided with the legally required pre-contract information and, where applicable from 27 September 2026, the official EU harmonised notice on the legal guarantee of conformity.

10. Production, transport, registration and estimated handover

Any production, transport, customs, registration, inspection or handover dates communicated by Drive ÉLAN are estimates unless a date is expressly confirmed in writing as guaranteed.

The Vehicle Order will state an estimated handover period. Individually commissioned vehicles require production and onward logistics and are not represented as being available for immediate delivery unless expressly stated.

Estimated timings may change because of production scheduling, supplier availability, component changes, shipping or transport disruption, customs or port procedures, registration authority processing, inspections, force majeure or other circumstances outside Drive ÉLAN's reasonable control.

If a delay becomes material, we will keep the customer reasonably informed. Mandatory Consumer rights relating to delayed delivery remain unaffected.

11. Handover, collection, risk and ownership

The vehicle will be available for handover only after all sums due before handover have been paid in cleared funds and all reasonably required customer documentation has been supplied.

Risk in the vehicle passes to the customer on physical handover or delivery, except where mandatory law provides otherwise.

Ownership will not pass until Drive ÉLAN has received all sums due under the Vehicle Order in full, to the extent permitted by law.

If the customer unreasonably fails to collect or accept delivery after being notified that the vehicle is ready, we may charge reasonable storage, redelivery or related costs actually incurred, subject to mandatory law.

12. Registration and customer cooperation

Where Portuguese registration is included, Drive ÉLAN will arrange the registration service based on the information and documents supplied by the customer.

The customer must provide accurate identification, address, tax, company, insurance or other documentation reasonably required for registration, invoicing, compliance or handover without undue delay.

Drive ÉLAN is not responsible for delay caused by missing, inaccurate or late customer documentation or by processing times of public authorities.

13. Images, AI-generated visuals, renders and colour representations

Photographs, configurator images, digitally created images, AI-generated or AI-enhanced visuals, renders, artwork and concept images shown by Drive ÉLAN are provided for illustration and inspiration only.

Digital visuals may depict colours, materials, finishes, accessories, graphics, proportions or combinations differently from the finished vehicle. Screen type, brightness, colour calibration, ambient lighting, photography and rendering can affect how a colour or finish appears.

RAL references and digital colour samples are therefore indicative only. Metallic, pearl, textured, stitched, leather and hand-finished materials may also show reasonable variation.

Optional equipment or bespoke details shown in any image are included only where expressly recorded in the final Vehicle Specification.

Only the accepted Vehicle Order and final Vehicle Specification form part of the contractual specification of the vehicle.

14. Technical information, performance, electric range and charging

Technical information, dimensions, speed, range, charging time, fuel consumption and performance figures are stated in good faith using information available to Drive ÉLAN at the time of publication.

Unless expressly stated as a legally certified figure, such figures are indicative and may vary according to vehicle specification, battery condition, temperature, terrain, payload, tyre pressures, driving style, speed, traffic, accessory use, charging conditions and other real-world factors.

Where the website states an electric driving range such as "up to" a stated distance, this is a maximum or factory-stated figure and is not a guarantee that every customer will achieve that distance in every journey or set of conditions.

Charging times similarly depend on the electrical supply, charger, battery temperature, starting state of charge and other conditions.

15. Reasonable specification and component changes

From time to time, a supplier, manufacturer, authority or technical requirement may require a component or detail to change after an order is accepted.

We may make a non-material change where it does not materially reduce the vehicle's agreed functionality, quality or value and does not materially alter an expressly agreed bespoke appearance.

If a proposed change is material, we will inform the customer and seek agreement or provide any remedy required by law before proceeding.

16. Legal guarantee of conformity for Consumers

Portuguese Consumers buying a new vehicle benefit from the mandatory legal guarantee of conformity provided by Portuguese law. For new movable goods, the professional is liable for lack of conformity that manifests within three years from delivery, subject to the rules and conditions of applicable law.

The legal guarantee is owed by the seller and is separate from any manufacturer or commercial warranty. It cannot be reduced by these Terms.

Where a lack of conformity exists, Consumers may have statutory rights including repair or replacement, an appropriate price reduction, or termination of the contract in the circumstances provided by law.

The detailed legal rules, including presumptions, remedy conditions, time limits and exceptions, apply as in force at the date of the transaction.

17. Two-year manufacturer warranty

Drive ÉLAN advertises a two-year manufacturer warranty for the vehicle. The detailed scope, exclusions, maintenance requirements and claims procedure for that commercial/manufacturer warranty are set out in the warranty documentation supplied with the vehicle or otherwise provided to the customer.

The two-year manufacturer warranty is additional to, and does not replace, reduce or limit, the mandatory statutory rights of a Consumer, including the applicable legal guarantee of conformity.

Nothing in the manufacturer warranty prevents a Consumer from pursuing Drive ÉLAN as seller where Portuguese law gives the Consumer a remedy against the seller.

18. Aftersales and servicing

Drive ÉLAN will provide or arrange reasonable aftersales support in Portugal through Drive ÉLAN and/or appointed service partners appropriate to the vehicle and powertrain.

The customer must follow reasonable maintenance, inspection, charging, operating and servicing requirements provided with the vehicle. Failure to do so may affect a commercial warranty claim where the failure is causally relevant, but does not remove statutory rights that cannot lawfully be excluded.

19. Inspection at handover and reporting issues

The customer should inspect the vehicle at handover and notify Drive ÉLAN promptly of any visible issue, missing agreed item or transport damage.

Failure to identify a visible issue immediately does not remove any statutory Consumer right. Prompt reporting simply helps us investigate and resolve matters quickly.

Any complaint concerning conformity should be made to alex@drive-elan.com or another contact method notified by Drive ÉLAN in a form capable of being evidenced.

20. Non-payment

If an amount due remains unpaid, we may suspend production, registration, release or delivery until payment is made, provided this is lawful and proportionate.

Any resulting delay attributable to non-payment may move the estimated handover period.

Nothing in this clause permits Drive ÉLAN to charge an unlawful penalty or to retain sums contrary to mandatory Consumer law.

21. Part exchange

Any part-exchange vehicle or other asset considered by Drive ÉLAN is subject to separate appraisal, title and condition checks, agreement of value and any additional written terms.

An indicative part-exchange figure does not alter the configured vehicle price unless and until a final part-exchange agreement is confirmed in writing.

22. Business Customers

Where the customer is a Business Customer, the Vehicle Order may include additional or different commercial provisions appropriate to the transaction.

To the maximum extent permitted by law, consumer-specific rights and remedies do not apply to a Business Customer. Nothing in these Terms excludes liability that cannot lawfully be excluded.

23. Website content and intellectual property

The Drive ÉLAN website, brand assets, text, graphics, photographs, layouts, configurator content and original creative materials are protected by intellectual-property rights belonging to Drive ÉLAN, its licensors or relevant third parties.

Website content may not be reproduced, distributed or commercially exploited without permission except where allowed by law.

Third-party names, marks, liveries or references shown in bespoke concept work remain the property of their respective owners and their appearance does not necessarily imply sponsorship, endorsement or affiliation.

24. Privacy and personal data

Personal data is processed in accordance with the Drive ÉLAN Privacy Policy and applicable data-protection law.

The current Privacy Policy is available on drive-elan.com and privacy-related requests may be sent to alex@drive-elan.com.

25. Events outside reasonable control

Neither party is responsible for failure or delay caused by circumstances beyond its reasonable control to the extent recognised by law, including natural disasters, fire, flood, epidemic or pandemic restrictions, war, civil disturbance, governmental action, industrial disputes, supplier shutdown, port disruption, transport interruption, customs delay, infrastructure failure or similar events.

The affected party must take reasonable steps to reduce the effect of the event. Mandatory Consumer rights remain unaffected.

26. Liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, deliberate misconduct, or any liability or Consumer right that cannot lawfully be excluded or limited.

For Business Customers only, and to the extent permitted by law, Drive ÉLAN is not liable for indirect or consequential commercial loss, loss of profit, loss of business opportunity or loss arising from use outside the vehicle's intended purpose, except where such exclusion is prohibited by law.

27. Complaints and alternative dispute resolution

Customers should first contact Drive ÉLAN at alex@drive-elan.com so that we can try to resolve any concern directly.

Consumers may also use an authorised Portuguese alternative dispute resolution entity where applicable. For disputes concerning the purchase and sale of new or used motor vehicles, the Centro de Arbitragem do Sector Automóvel (CASA) has national competence for the types of disputes within its remit.

Consumers in the Algarve may also have access to CIMAAL - Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve, where its competence applies.

Information about recognised consumer ADR entities is available from the Portuguese Direção-Geral do Consumidor. Use of ADR does not remove any right to use the competent courts.

Drive ÉLAN will also maintain access to the Portuguese Livro de Reclamações as required by applicable law.

28. Governing law and courts

These Terms and each Vehicle Order are governed by Portuguese law.

For Consumers, any mandatory rules determining jurisdiction remain fully applicable. Nothing in these Terms deprives a Consumer of protections that apply under the law of the Consumer's habitual residence where those protections cannot lawfully be waived.

For Business Customers, unless the Vehicle Order states otherwise, the courts of the district of Loulé shall have jurisdiction, subject to any mandatory rule of law.

29. Notices and communications

Communications relating to an order should be sent using the email addresses, telephone numbers or other contact methods stated in the Vehicle Order.

A customer must inform Drive ÉLAN promptly if their contact details change. Electronic communications may be used for order administration, approvals and notices where lawful.

30. Severability, waiver and entire agreement

If any provision of these Terms is found invalid, unlawful or unenforceable, the remaining provisions continue in effect to the extent permitted by law.

A delay or failure to enforce a right does not amount to a waiver of that right.

The accepted Vehicle Order, final Vehicle Specification, these Terms and any document expressly incorporated into the Order form the agreement between the parties concerning the vehicle, without limiting liability for fraud or any representation that cannot lawfully be excluded.

31. Language, version and updates

These Terms may be made available in English and Portuguese. The customer should use the language version supplied with and referenced in the Vehicle Order.

Where required for a Portuguese Consumer transaction, Portuguese mandatory law and any mandatory Portuguese-language consumer information prevail over an inconsistent translation.

The version applicable to an order is the version identified in the accepted Vehicle Order. Updating the website Terms after an order is formed does not retrospectively change that accepted order unless both parties lawfully agree otherwise.