Discover My
Mobility
Ironclad Return Policy!
"Expect an easy purchase, fast delivery, and friendly
service!"
Internal Policies | Terms and Conditions |
Shipping Info
The purpose of our return policy is to ensure you are
satisfied with your purchases from The Discover My
Mobility. The terms and conditions below apply to your
order and protect the transaction.
If you are unhappy with a returnable item for any
reason, please return it within thirty days from the
DATE RECEIVED for an
exchange or credit of the purchase price less
shipping, tax, and restocking fee.
These Terms and Conditions (“Agreement”) sets forth
the terms of Your agreement to purchase goods (the
“Product” or “Products”) from Discover Your Mobility
Inc., d/b/a “Discover My Mobility” (“DMM”) subject to
the prices, quantities, terms and conditions set forth
in the Order (the “Order”) and governed by the terms
and conditions contained in this Agreement. As used
herein, (“You”, “Your”, or “Customer”) refers to the
customer. Acceptance of a proposal or issuance or
submission of an Order to DMM shall be deemed
acceptance of this Agreement and the corresponding
quotation from DMM that relates to Your Order or a
Proposal sent to you by DMM (“Proposal”).
Property Rights. Unless stated in an applicable Order,
DMM owns all rights, title and interest in DMM trade
names, service marks, inventions, copyrights, trade
secrets, patents, and know-how relating to the design,
function, or operation of plans and of the hardware
and software systems and resources necessary to
provide the individual service elements of which the
Product consists. This Agreement does not constitute a
license to You to use DMM’s trade names or service
marks. Notwithstanding the foregoing, You hereby
consent to DMM’s non-exclusive use of Your trademark
and/or logo, for the purpose of displaying Your status
as a customer of DMM.
Taxes. Fees under anOrder include any applicable taxes
unless so indicated. New Product and/or Change Orders
will result in additional fees/charges. You will be
solely responsible, where applicable, for paying local
and state personal property taxes associated with Your
equipment or Product, including Product in progress.
In the event that DMM is required by a governmental
authority to pay taxes on Your behalf, DMM will have
the right to be reimbursed by You for such amount. You
must reimburse DMM within 30 days of written notice
that a tax has been paid on Your behalf by DMM.
Cancellation. Once DMM has accepted your Order,
you may not cancel the applicable Order and/or
Proposal without the written consent of DMM. If you
cancel your order after it has already shipped or if
it is a custom order built to your color request
and/or size, we will treat it as a return, and the
above return policies will apply. We reserve the right
to charge full shipping costs both ways plus a
restocking fee if the item is refused delivery.
Acceptance. DMM may reject any Order at its
discretion. This Agreement will remain in full force
beginning from the date of DMM’s acceptance of any
Order for the Product and will apply to all future
Product You purchase from DMM.
Payment and Collection of Charges. You will be billed
by DMM as specified in the Proposal or Order. Payment
must be made in full at the time of purchase. We
accept various payment methods, including credit
cards, debit cards, and other electronic payment
options. Any applicable taxes and fees will be added
to the purchase price.
Subject to the terms of your Order, DMM reserves the
right to increase your cost in the event of a material
change or increase that raises the cost of providing
the Product to you. All late payments will be assessed
a late payment fee of One Point Five Percent (1.5%)
per month, or the highest amount allowable by law if
1.5% per month is found to be usurious or enforceable
as a matter of law.
Product Warranty. All Products come with a
manufacturer's warranty, which varies by product.
Please refer to the Product details for specific
warranty information. Our warranty policy covers
manufacturing defects and does not include damage
caused by misuse or normal wear and tear.
Billing Disputes. ALL PAYMENTS TO DMM ARE
NON-REFUNDABLE. If You dispute a term or amount on an
invoice, You must do so in writing within 30 days from
the invoice date. Disputes must be sent by certified
mail at the address provided for herein.
You shall use Your best efforts to immediately inform
DMM in writing of any apparent defects in the Product
as soon as possible from the time at which such
defects should be detectable in the ordinary course of
business. Notwithstanding the foregoing, any and all
defects must be reported to DMM in writing within
thirty (30) days of acceptance of the applicable
Product. You must pay an amount equal to the part of
the invoice that is not in dispute. Payment of the
amount of the invoice not in dispute will not be
deemed to constitute acceptance of the portion of the
invoice that is in dispute. You specifically agree
that payments to DMM shall not be subject to retention
and You may not withhold any payment to DMM based upon
retention.
Transfers and Assignments. You may not assign or
transfer Your rights or duties in connection with the
Product provided by DMM without the prior written
consent of DMM. All transfers of rights or duties
herein, without the advanced permission in writing of
DMM, shall be void and unenforceable as a matter of
law. In the event of a sale of Your company (whether
by asset or equity sale), You agree to provide a copy
of this Agreement and the Order to the purchaser and
to have the purchaser be bound by this Agreement.
Limitation of Liability. DMM SHALL NOT BE LIABLE FOR
ANY AND ALL: DIRECT, INDIRECT, INCIDENTAL, GENERAL,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING
BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS
OR BUSINESS OPPORTUNITY OR LOSS OF USE, EVEN IF
CUSTOMER IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, TO CUSTOMER FOR A BREACH OF THIS AGREEMENT,
OR AN ORDER OR TERM AND CONDITION OF DMM. IN THE EVENT
THAT YOU BRING A CLAIM AGAINST DMM ALLEGING A BREACH
OF THIS AGREEMENT, AN ORDER, OR AN OBLIGATION BY DMM,
CUSTOMER’S DAMAGES SHALL BE LIMITED TO $500.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, YOU
AGREE TO ACCEPT THE PRODUCT ON AN “AS-IS”
NON-WARRANTABLE BASIS, UNLESS SPECIFIED IN THE
PROPOSAL OR ORDER. DMM EXPRESSLY DISCLAIMS THE
WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR
A PARTICULAR PURPOSE REGARDING THE PROVIDING OF THE
PRODUCT TO YOU. YOU AGREE THAT DMM SHALL NOT BE LIABLE
FOR DAMAGES INCURRED OR SUMS PAID WHEN THE PRODUCT IS
TEMPORARILY OR PERMANENTLY UNAVAILABLE, REGARDLESS OF
WHETHER ANY REMEDY PROVIDED IN THIS AGREEMENT FAILS OF
ITS ESSENTIAL PURPOSE. YOU AGREE THAT YOU WILL NOT
HOLD DMM RESPONSIBLE FOR ANY SELECTION OR RETENTION
OF, OR THE ACTS OR OMISSIONS OF THIRD PARTIES IN
CONNECTION WITH THE PRODUCT, OR HOLD A THIRD PARTY
RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE
ACTS OR OMISSIONS OF, DMM IN CONNECTION WITH THE
SERVICES. WITHOUT LIMITING THE FOREGOING, YOU AGREE TO
INDEMNIFY DMM AND THAT YOU WILL NOT HOLD DMM
RESPONSIBLE FOR: (A) BREACHES OF SECURITY, FAILURES OF
THE INTERNET, VIRUSES, TROJAN HORSES, MALICIOUS CODE,
OR OTHER HARMFUL COMPONENTS, (B) THIRD PARTY CLAIMS
AGAINST YOU FOR DAMAGES, (C) LOSS OF OR DAMAGE TO
CUSTOMER’S RECORDS, PROPERTY, OR DATA OR THOSE OF ANY
THIRD PARTY, OR (D) AN ALLEGED BREACH OF A THIRD
PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL
PROPERTY CLAIMS OF THIRD PARTIES, SECURITY BREACHES,
OR PRIVACY AND DATA BREACHES. YOU AGREE TO MAKE ALL
CLAIMS RELATED TO THE PRODUCT DIRECTLY AGAINST DMM,
AND WAIVE ANY RIGHT TO RECOVER DAMAGES (DIRECTLY OR BY
INDEMNITY) RELATED TO THE PRODUCT BY CLAIMING AGAINST
OR THROUGH A THIRD PARTY TO THIS AGREEMENT.
Notices and Communications. You must designate on Your
Order a mailing address and e-mail address to which
DMM may mail or deliver notices and other
communications. All notices You send to DMM must be in
writing, by registered mail, sent to:
Discover Your Mobility Inc., d/b/a “Discover My
Mobility”
11055 E. 9 Mile Road,
Warren, MI 48089
Phone: 866.868.9694
Assumption of Risk. You acknowledge and agree that the
use of the Products purchased from DMM inherently
involves risks, including but not limited to the risk
of injury, property damage, or even death, depending
on the nature of the Product and the manner in which
it is used. By purchasing and using any Product from
DMM, You assume full responsibility for these risks.
Specifically, You understand and acknowledge that:
1. Personal Responsibility: The safe and appropriate
use of the Product is Your sole responsibility. You
agree to read and follow all instructions, warnings,
and recommendations provided by the manufacturer and
DMM.
2. Inherent Risks: Mobility products such as scooters,
wheelchairs, and other assistive devices may pose
risks, including but not limited to tipping, falling,
collisions, and mechanical failures, particularly if
not used according to the provided guidelines.
3. No Guarantee of Safety: While DMM strives to
provide high-quality Products, DMM does not and cannot
guarantee the absolute safety of any Product. The risk
of injury or damage is present in all mobility
equipment, and You agree to accept this risk.
4. Consultation with Professionals: It is Your
responsibility to consult with medical or other
professionals to determine whether a particular
Product is appropriate for Your needs and abilities.
DMM is not responsible for any adverse outcomes
resulting from the selection or use of a Product that
is not suitable for Your condition.
5. Liability Waiver: By purchasing a Product from DMM,
You waive and release DMM from any and all claims,
damages, or causes of action arising out of or related
to any loss, damage, injury, or death that may occur
as a result of the use of the Product, whether due to
Your negligence or otherwise.
6. Indemnification: You agree to indemnify and hold
harmless DMM and its affiliates, officers, directors,
employees, and agents from any claims, losses,
damages, or expenses (including legal fees) arising
from or related to Your use of the Product.
Applicable Law. Venue and Jurisdiction. Dispute
Resolution. This Agreement shall be subject to and
governed by the laws of the State of Michigan. Any
claim under this Agreement may be arbitrated in
Oakland County Michigan if DMM gives advanced written
consent to You to arbitrate. Notwithstanding the
foregoing, venue for any legal action arising out of
this Agreement shall be exclusively within the State
of Michigan, Oakland County Circuit Court or the
Federal District Court for the Eastern District of
Michigan.
Partial Invalidity. Waiver. Conflict of Terms.
Remedies. If any provision of this Agreement is held
to be invalid by a court of competent jurisdiction,
the remaining provisions will nevertheless remain in
full force and effect. One or more waivers of a breach
of the terms and conditions of this Agreement shall
not constitute a waiver of any future breach thereof.
In addition, should a term of this Agreement and any
other posted policy of DMM be in conflict with one
another, this Agreement shall control. In the event of
a breach or violation by You of this Agreement, DMM
shall be entitled to injunctive relief, in addition to
any other remedy including monetary damages.
Statute of Limitations. YOU AGREE THAT ANY CLAIM
AGAINST DMM, WHETHER ARISING IN TORT, CONTRACT OR
OTHERWISE, MUST BE BROUGHT WITHIN 12 MONTHS OF THE
DATE GIVING RISE TO THE CLAIM. YOU SPECIFICALLY
ACKNOWLEDGE THAT ABSENT THIS AGREEMENT; YOU WOULD BE
ENTITLED TO A GREATER DURATION TO BRING A CLAIM. WITH
FULL KNOWLEDGE OF THOSE STATUTORY RIGHTS, YOU FREELY
ENTER INTO THIS AGREEMENT SUBJECT TO THE CONDITIONS
AND LIMITATIONS SET FORTH HEREIN. IN THE EVENT THAT A
COURT OF COMPETENT JURISDICTION DETERMINES THAT THIS
PROVISION IS INVALID, THAT COURT IS HEREBY EMPOWERED
TO MODIFY THIS CLAUSE TO THE SHORTEST STATUTE OF
LIMITATIONS PERIOD AVAILABLE BY LAW.
Confidentiality. You shall not ever, directly or
indirectly, (either during the term of this Agreement
or after the termination of this Agreement) copy,
disclose, communicate, distribute, reveal or use in
any way, the Confidential Information of DMM. Where
used herein, Confidential Information shall refer to:
customer lists, customer data, financial information,
pricing, Quotations, DMM’s processes, DMM’s know how
and techniques, insurance information, referral data,
financial data and contact lists, prospects,
customers, ex-customers, referral attorneys, account
lists and information, client lists, ex-client lists,
client information, personnel information, prices,
vendor material, client contract specifications,
passwords, user names, and profiles, trade secrets,
know how, sales and marketing plans, current and
future business plans, and other proprietary
information relating to the Company (collectively,
referred to herein as “Confidential Information”). The
parties agree that the Confidential Information is
vital to the Company’s business and that the success
and competitive advantage of the Company vitally
depends on the maintenance of said Confidential
Information.
Entire Agreement; Modifications. This Agreement and
Your Order set forth the entire Agreement and
understanding between the parties and merges and
supersedes all prior discussions and agreements
between them. This Agreement may not be modified
except by the written consent of both parties.
Incorporation of Privacy Policy. We value your privacy
and are committed to protecting your personal data.
Our Privacy Policy outlines how we collect, use,
store, and share your information.
These terms incorporate and include DMM’s Privacy
Policy. Please review our Privacy Policy for more
details.
Risk of Loss. At all times, You will bear the risk of
any loss, damage or destruction of Your assets and
equipment or property, assets, or equipment provided
to You or maintained by DMM, from: fire, water damage,
theft or other casualty. You will be solely
responsible for insuring Your property and property,
assets, and equipment provided to You by DMM and
filing insurance claims for losses associated
therewith. If DMM is aware of loss or casualty to Your
property, DMM will notify You, stating the extent of
loss or damage incurred and the cause, if known.
Returns and Exchanges. If you are unhappy with a
returnable item for any reason, please return it
within thirty days from the DATE RECEIVED for an
exchange or credit of the purchase price, less
shipping, tax, and a restocking fee. All returns and
exchanges are subject to limitations set forth by the
applicable manufacturer.
Non-returnable Items:
• Special order or special request items.
• Free gifts and promotional items.
• Custom items we make for you.
• Items you customize for yourself.
• Used items no longer resalable.
• Items missing packaging, parts, or instructions.
• Items specifically marked non-returnable.
Refunds, store credits, and exchanges are given at our
discretion after we've evaluated your return. Refunds
are issued once a month by check or money order in
U.S. currency.
To request a Return Merchandise Authorization (“RMA”)
number, call our office and provide us with the
details of your return. Provide as much information as
possible, and we'll issue an RMA number for the
returnable product.
Where to Ship Your Return: When you receive an RMA
number, you'll also receive the address of where to
send your return. Some items may need to be returned
directly to the manufacturer.
Please note: Used items may not be returned for any
reason. Items shipped uninsured may not be returned if
damaged. A 20% restocking fee applies to all returns.
We do not credit shipping charges, insurance, tax,
customs charges, or return shipping fees.
Indemnification. You agree to indemnify, defend, and
hold DMM harmless, as well as its subsidiaries,
affiliates, officers, directors, employees, agents,
licensors, consultants, suppliers, and any third-party
suppliers, from and against all claims, demands,
actions, liabilities, losses, expenses, damages,
judgments and costs, including attorneys' fees,
resulting from Your violation of this Agreement,
misuse or abuse of the Product, violation of State or
Federal law, or infringement of the Intellectual
Property of others in relation to Your Order or this
Agreement. DMM reserves the right, at its own expense,
to assume the exclusive defense and control of any
matter otherwise subject to indemnification by You.
You must not in any event accept a settlement of any
dispute relating to this contract without prior
written consent of DMM.
Further, You warrant that there are no patents,
copyrights, or other proprietary rights which will or
may be infringed upon by DMM production and design
changes to the Product. You hereby agree to indemnify,
defend, and hold DMM harmless, as well as its
subsidiaries, affiliates, officers, directors,
employees, agents, licensors, consultants, suppliers,
and any third-party suppliers, from and against all
claims, demands, actions, liabilities, losses,
expenses, damages, judgments and costs, including
attorneys' fees, resulting from and against any and
all claims, demands, actions, liabilities, losses,
expenses, damages, judgments and costs, including
attorneys' fees, resulting from any claim that the
design contained in the Product or applicable Order
infringes upon the intellectual property of any third
party, or that Your design or that any product
manufactured from that design was defective.
Force Majeure. In no event will DMM be responsible or
liable for any failure or delay in the performance of
its obligations hereunder arising out of or caused by,
directly or indirectly, forces beyond its control,
including, without limitation, strikes, pandemics,
Product stoppages, supply chain delays, logistics
delays, accidents, acts of war or terrorism, civil or
military disturbances, nuclear or natural catastrophes
or acts of God, and interruptions, loss or
malfunctions of utilities, delays outside of the
control of DMM, utility company delays, or delays
caused by communications or computer (software and
hardware) services. DMM will use reasonable efforts to
resume performance as soon as practicable under the
circumstances.
Attorneys’ Fees. If legal proceedings are instituted
to enforce any or the terms and conditions of Your
Order or this Agreement, You agree to pay all costs of
DMM in connection therewith, including actual
attorneys’ fees, court costs, and other costs of
collection.
Litigation: In the event of
litigation between you and Discover Your Mobility Inc
a Michigan corporation, you agree that jurisdiction
shall lie in the United States District Court for the
Eastern District of Michigan if federal jurisdiction
applies and in the courts of Macomb County, Michigan,
being either the 16th Circuit Court or the 42-1
District Court, as the case may be, if state
jurisdiction applies. Further you and Discover Your
Mobility agree that Michigan law applies to all
matters, including but not limited to MCL 600.2947(6).
This concludes all the terms and
conditions. |
