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 an Order 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).
|
Free shipping on every order
Easy Returns
Easy & Secure Online Ordering
Experts Available
PRODUCT DESCRIPTION
