Terms and Conditions

Definitions

1.1 Company  (referred to as either “the Company”, “We”, “Us”,  “Our” or “Comfygo Mobility” in this Agreement) refers to Comfygo Management B.V, Aalsmeerderdijk 160, 1438 AX, Oude Meer, NL.

1.2 Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

1.3 Country refers to Netherlands

1.4 Service refers to the Website.

1.5 Goods refer to the items offered for sale on the Service.

1.6 You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

1.7 The words of which the initial letter is capitalized have meanings defined under the following conditions. The above definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

General

2.1 These terms and conditions apply to all offers and to all accepted orders for the delivery of goods or services by the Comfygo Mobility.

2.2 Departures from these terms and conditions are only legal if and insofar as they have been confirmed in writing by Comfygo Mobility's director.

2.3 We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

2.4 These terms and conditions will continue to apply even if one or more provisions are null and void, voided, or otherwise unenforceable.

2.5 A verbal commitment by, or an agreement with a subordinate of the client is only enforceable if it is confirmed in writing by Comfygo Mobility's management.

 

Prices/Offers

3.1 The Company’s quotations or offers are valid for eight weeks from the date of the quotation or offer, unless expressly agreed otherwise in writing.

3.2 Unless otherwise stated, all quotations given by the Company are without obligation and are based on the Company's performance of the agreement under normal conditions and during normal working hours.

3.3 All prices quoted by Comfygo Mobility includes VAT.

3.4 Verbal promises by and agreements with the Company or its subordinates only bind the Company insofar as they have been confirmed by him in writing.

3.5 The Company reserves the right to revise its prices at any time prior to accepting an Order.

3.6 The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

 

Delivery / Delivery terms/ delivery time

4.1 If a delivery date has been agreed upon, the delivery time is formed by the period between the date of conclusion of the agreement and the time of delivery.

4.2 The Goods will be delivered to You as soon as possible, typically within 5 business days. The latest delivery period is 30 days after placing the Order. In case the Company cannot delivery with the specified time, You have the right to cancel the order without any additional fees or charges. In situations where the Goods are temporarily out of stock, the Company will contact and inform You of possible delay on delivery.

4.3 If the Company requires information from You, or if You are otherwise required to complete responsibilities or collaborate in the context of the agreement's implementation, the delivery time will be extended until You have satisfied its obligations.

Cancellation

5.1 Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.

5.2 Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

5.3 Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the product’s instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them, or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession. After receiving goods, You have a right to return the goods within 30-day period without providing any reason, as long as the Goods are in same condition as initially received.

5.4 We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

5.5 The customer is responsible for any direct or indirect damage that occurs to or via the product after it is regarded to have been delivered, unless the harm can be attributable to the Company's willful negligence or malicious intent.

5.6 You will not have any right to cancel an Order for the supply of any of the following Goods:

  • The supply of Goods made to Your specifications or clearly personalized.
  • The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
  • The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
  • The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
  • The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent, and You have acknowledged Your loss of cancellation right.

Payments

6.1 All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal or iDeal, for example).

6.2 Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

6.3 Unless otherwise agreed in writing, consumers must pay the invoice amount before or upon delivery of the products to be provided.

6.4 Payment of the invoices cannot be suspended as a result of a delay in the preparation and/or assembly of the delivered items that is not the Company’s fault, unless additional written agreements have been reached between the parties in this respect.

6.5 Complaints do not suspend the payment obligation of the client.

6.6 Any payment made shall first cover the oldest outstanding invoice regardless of the time the payment was processed, unless specified and agreed upon by both the Company and You in writing.

6.7 If the Company submits its claim for collection, You will be responsible for paying all judicial and extrajudicial collection fees, including those involved with declaring bankruptcy and seizing the Company's assets. The charges listed above equal at least 15% of the total principal and interest owed.

Repairs

7.1 For a period of one year following delivery, or for as long as the item's manufacturer or importer continues to offer a warranty on it, a warranty is given on the supplied item's fundamentally proficient functioning. The warranty for Goods purchased applied after receiving the Goods. It covers one-year parts and six month on battery. You can find more information in the Warranty section.

7.2 The Company provides free of charge for repair as long as You bring the Goods to the warehouse for the repair and the Goods purchased is under warranty. Any call-out repairs may apply certain charges, unless You have purchased premium service. 

7.3 In any case, the guarantee for repair does not cover defects caused by:

  • regular wear and tear
  • repairs and assembly caused by You or third parties without the knowledge and written confirmation from the Company
  • unoriginal parts applied during repair

7.4  In case the Goods that need repair is not in the condition for repair under warranty, the Company is not obliged to repair the Goods.

7.5 The Company is entitled to be assisted by third parties in the performance of work.

Intellectual Property

8.1 You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

8.2 The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

8.3 The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

8.4 Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Complaints

9.1 The customer is obligated to examine the product as soon as the Goods is received by the customer. In case any defects found on the Goods, the customer must contact the company immediately and inform the company of such defects.

9.2 In case of non-observable defects, complains must be immediately informed the Company as soon as the discovery of such defects made. You will have up to two months after receiving the Goods to inform the company in writing of any defects.

9.3 Complaints of the Goods sold to You will be dealt in the reasonable manner and time. If the complains about defected Goods delivered by the Company is accepted, the Company will give necessary time to replace or repair the Goods.

9.4 You must give the Company the opportunity to investigate the complaints made by You for the defective Goods received from the Company.

Retention of Title

10.1 The ownership of the Goods purchased by You will not be transferred to You until full amount due has been paid to the Company. This includes delivery fees, assembly fee, cost of products, and any other fees agreed upon by sides.

10.2 As long as the ownership of Goods has not been transferred to You, You may not use such Goods as collateral in any case, nor can you use it as security for any claims against a third party.

10.3  In the event that the Company wishes to exercise its property rights referred to in this article, You now give unconditional and irrevocable permission to the Company or third parties to be designated by the Company to enter all those places where the Company’s Goods are located and those Goods can be taken back.

Liabilities

11.1 Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 euros if You haven’t purchased anything through the Service.

11.2 To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

11.3 Some countries do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these countries, each party’s liability will be limited to the greatest extent permitted by law.

11.4  In these terms and conditions, the Company is only liable for complying with its warranty obligations.

11.5 The Company is in no way liable for adjustments made by third parties to the Goods delivered by the Company, unless the adjustments were carried out by these third parties on behalf of the Company.

11.6 Comfygo Mobility does not provide advice to You (regarding, for example, tax matters and reimbursement options), so You must always request independent advice. The Company is not liable for advice obtained and changes in legislation or regulations (e.g. with regard to taxation and reimbursement options). Liability insurance is a legal requirement for riding a mobility scooter. You are responsible for taking out such insurance Yourself.

Suspensions / Dissolutions

12.1 In the event of circumstances independent of the Company, the Company is entitled to dissolve the agreement if the performance of the agreement becomes difficult or impossible for the Company, even if such circumstances could have been foreseen at the time of the conclusion if the agreement.

12.2 Such circumstances (also known as force majeure) can temporarily or permanently prevent the Company from fulfillment of the agreement. The force majeure includes but not limited to war, riot, strike, civil war, danger of war, transport difficulties, work lockout, fire and other possible disruptions for Comfygo Mobility or the Company’s supplier.

12.3 Due to force majeure, the Company is with no obligation to pay compensation or guarantee, and without prejudice to any further rights it may have.

12.4 The Company has the authority to dissolve the agreement in circumstances such as force majeure, in which the fulfilment of agreement is difficult or impossible or can no longer be required according to standards of fairness and reasonableness, or if any other unforeseen circumstances of such nature arises.

12.5 In a situation where the agreement is dissolved, You are still obliged to pay the company any remaining balance and claims immediately with the reasonable time. Even in situations where the Company suspends the agreement, the Company still retains its claims under the law of this agreement.

12.6 The Company always retains the right to claim compensation.

Disputes

13.1 All agreements and transactions with Comfygo Mobility are exclusively governed by Dutch law.

13.2 If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. In the event of any dispute with Comfygo Mobility arising from any use of this site, the Dutch courts will have the final say.

Acknowledgment

14.1 These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

14.2 Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

14.3 By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

14.4 You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

14.5 Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Waiver

15.1 Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

15.2 We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

15.3 By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: info@comfygomobility.eu

By visiting this page on our website: https://www.comfygomobility.eu/terms

By phone number: +31 0 20 809 7031