The New Energy Mobility website, www.nemmotors.com is owned by MY EV IBERICA SL, with CIF B93679538, hereinafter referred to as New Energy Mobility.
These general conditions of sale are intended to regulate the contractual relations between New Energy Mobility and the final customer, user of the New Energy Mobility website. Any order placed on this website implies their acceptance, which are intended to determine the sales regime and the rights and obligations derived from them.
The contract to sell a product purchased on the website consists of the general conditions applicable at the time of the order and the purchase order. We invite you to read them before confirming your order. On the other hand, you declare that you have full legal capacity to commit to accept these general conditions of sale.
Website products
The essential characteristics of the products and services offered for sale are presented on the website. The photographs, texts and data sheets (provided by the producers and manufacturers) are the property of New Energy Mobility.
Products pricing
The prices that appear on the New Energy Mobility website are expressed in Euros and do not include shipping costs. They can be modified at any time without prior notice. At the indicated price, the shipping costs calculated according to the nature of the ordered items and the selected carrier must be added. Shipping costs are specified in your cart at the end of the selection of the different products, as well as in the order summary that precedes the confirmation.
The prices applied are the same as those applied at the time of the order within the limits of the available stock, and are subject to typographical error or modification of the Spanish VAT rate. Any change in this rate would be immediately reflected in sales prices.
Outside the European Union and in accordance with current legislation in the area of delivery, customs and duties and taxes costs can be claimed from the Client. As part of an order with tax refund (subject to special conditions), VAT will be refunded by check or credit card after we receive the documents to be delivered. The tax refund procedure is only possible for orders withdrawn at our withdrawal points. Some products may benefit from a “Free shipping” offer. The shipment is offered only for shipments to Iberian Spain and through the most economical operator for the delivery of said products (unless otherwise indicated on the website). If other products are shipped at the same time, the weight of the products that benefit from the “Free shipping” offer will not be taken into account in the calculation of shipping costs.
Orders
1. Operation
To confirm an order, you must first identify yourself. To this end, you must complete, in accordance with the information provided online, a form that we put at your disposal in which you must include the necessary information for your identification, including your names, surnames, telephone numbers, postal addresses and electronic addresses, as well as billing and shipping addresses.
Next, you must confirm your order definitively by clicking on the “Confirm order” button to demonstrate your commitment and acceptance of the general conditions of sale. From this moment, the purchase order is registered, and the order number will be communicated, as well as a confirmation screen and / or an email confirmation. The data recorded by New Energy Mobility constitute proof of the nature, content and date of the order.
2. Order Modification
To make any changes to the order after online confirmation, we invite you to contact our customer service by email or by phone listed in the Contact section.
It is not possible to modify or cancel the order for products supplied by special order or by reservation or that are out of catalog. Unilateral cancellation of a professional’s order will not be accepted without the agreement of New Energy Mobility. If, however, the buyer wishes to cancel the order and New Energy Mobility accepts, the cancellation fee is set at a minimum of 10% of the total order amount (VAT included). The billing includes the detail of the price of each product without VAT and, if applicable, the amount of VAT calculated on the subtotal (without VAT) and included in the total (VAT included).
3. Purchases made as a professional
For any order for professional use, you are invited to register for a professional account and complete your registration with your intra-community VAT number, if applicable. New Energy Mobility is not responsible for any damage (late delivery, unavailability due to a breakdown …) in your commercial activity.
4. Transaction Security
We may ask you, by email, to verify your identity and address to protect against fraudulent transactions. Through these credentials, we guarantee a better security by guaranteeing that you are the owner of the credit card used. In the case of orders paid by transfer, a receipt corresponding to the address of the order and the holder of the account may also be required, always to ensure maximum security of the transaction.
Payment modes
1. With credit card:
(Visa, Eurocard, Mastercard accepted in Spain). The validation of your order by credit card is equivalent to a money order to pay the price of the order with all taxes included. New Energy Mobility also offers the 3D secure payment system in order to increase the security of your online purchases. At the time of payment, your bank verifies the identity of the cardholder before validating the transaction. This service is offered by your bank. The authentication process to follow is specific to each bank (date of birth, code received by SMS, by email, …), so we invite you to previously verify the operation of your credit card with this system by consulting your banking institution . If you cannot validate the authentication process or have three authentication failures, our system will redirect you to another payment method. New Energy Mobility does not have access to confidential information related to the means of payment by credit card, in accordance with current regulations.
2. By Bank transfer:
Simply choose this payment method on the payment form when confirming your order. The bank details to make the transfer are communicated in the email confirmation of your order. The order processing begins upon receipt of the transfer. If it has not arrived within ten days, the order can be canceled.
The processing of your order only begins upon receipt of payment. If it has not arrived within ten days, the order can be canceled.
Deadline for processing orders
When the ordered item is available in stock, the processing time of an order (confirmation, payment and preparation) before shipment is handled the same business day for orders placed before 12:00, and 1 business day for orders placed after 12:00. This period is also valid for the withdrawal of orders at our warehouse. In the event of force majeure or exceptional events (natural disasters, epidemics, strikes, lockouts, etc.) which delay or prohibit the delivery of products, additional delays may apply.
New Energy Mobility is exempt from any responsibility. In any case, delivery within the deadline can only occur if you are up to date with your obligations with New Energy Mobility. If an order includes the provision of a service (assembly, system installation, bios update, …), then it takes an additional average time of one week after the payment of the order. In case of canceling an order, whatever the reason, and if it is accepted by the company, New Energy Mobility entitles a single refund of the sums paid. No compensation can be requested for this cancellation.
Billing
A detailed invoice will be sent to you in your package, and you can download it in your customer area. The indication of the amount of VAT gives the possibility to communities, companies and professions to recover it.
Transportation
1. Delivery Modes
Delivery is made to the address specified by you during the process of your order. Our rates are established based on the weight, measurements and location to which it is to be sent; The amount of said service will be reflected in the course of your purchase and before finalizing the purchase, so that you can value it. It is done by courier service. It can only intervene once the order has been confirmed and the payment has been made in full (except in the case of payment in installments). The bank payment centers involved will have previously given their payment authorization.
On the other hand, we reserve the right to refuse delivery to certain public places in case the security of delivery is not guaranteed (hotels, schools, bars, restaurants , etc.). In fact, it is impossible to guarantee delivery by hand to the recipient of the package in these places.
In the case of a withdrawal in one of our branches after confirming that the order is ready to be withdrawn, a valid identification document of the person authorized to make the withdrawal is required.
Packages are available to be withdrawn at the point of withdrawal for a period of 10 or 14 days during the requested withdrawal times. After this period, the packages are returned to us and a reshipment fee may be charged to the customer who owns the corresponding order.
2. Delivery time
Once your order has been shipped, the delivery time varies depending on the carrier selected and the destination. Do not hesitate to contact us before ordering.
3. Receipt of the order
During the presentation of packages by the carrier, it is necessary to be present to allow delivery in the best possible conditions. Transportation does not include delivery to floors, which is at the discretion of the driver. Upon receiving the product, you must immediately verify the status of the package and its contents in the presence of the carrier (whatever it may be). In case of anomaly (damage, damaged package, broken product), you must specify the detailed reservations on the delivery note and confirm them within three days by email or letter to New Energy Mobility, or by certified AR letter addressed to the carrier itself . By signing the delivery note, you accept the products delivered in your state, without the reservations issued during the reception, claims for damages suffered during transit will not be accepted. It is your responsibility to carry out the checks and make detailed reservations upon arrival of the equipment to be able to exercise, if necessary, any recourse against the carrier.
Payment delay
If you are a professional: in accordance with Article L. 441-6 of the Commercial Code, fines may be applied for late payments on the day following the payment date set out in the invoice, for cases in which the amounts owed are paid after this date. The rate of these fines is equal to three times the legal interest rate. The acceptance of your package automatically entails, in case of late payment, the application of a fine for late billing of administrative expenses caused by late payment of the invoice.
If you are a private individual: any payment made after the scheduled payment date during the transaction may result in late payment of fines without prior notification. The rate of these fines is equal to three times the legal interest rate. The acceptance of your package automatically entails, in case of late payment, the application of a fine for late billing of administrative expenses caused by late payment of the invoice.
Regardless of the nature and status of our customers, in case of late payment, billing of fines for late payment and administrative costs incurred do not exclude the possibility of New Energy Mobility requesting additional damages and interests. Finally, the buyer, whoever he is, may never, on the basis of a claim made by him, withhold all or part of the amounts owed by him or make compensation. In the case of legal recourse, New Energy Mobility will have the right to claim the buyer’s reimbursement of costs related to the demand.
Right of withdrawal
1. Modality for exercising the right of withdrawal
From the date of delivery of your order, if you are a private individual, you have a period of 14 calendar days to enforce your right of withdrawal, by email to info@nemmotors.com or a certified letter with acknowledgment of receipt. Your product must be sent within 14 days after our return agreement. New Energy Mobility is committed to refund the product. The cost of returning products by carrier is your responsibility.
However, if returned products are incomplete, damaged, worn, dirty or used, they will not be accepted.
2. Restrictions on the right of withdrawal
Under Ordinance No. 2001-741 of August 23, 2001, this withdrawal period does not apply:
- To consumables and spare parts once their packaging is unsealed.
- To products supplied to order or marked as such.
- To special orders (references outside the catalog).
It is not possible to modify or cancel an order for products supplied on demand or out of catalog. Unilateral cancellation of an order from a professional will not be accepted without the agreement of New Energy Mobility. If, in spite of everything, the buyer wishes to cancel the order, the cancellation will result in a cancellation charge established at a minimum of 10% of the total amount of the order (VAT included).
Warranty and after sales service
1. Warranty Coverage
All products sold at New Energy Mobility are guaranteed for 2 years for parts and labor (from the date shown on the invoice), and 6 months for non-flooded batteries, with the exception of products sold as demonstration / occasion / second-hand models whose warranty is 3 months.
Some manufacturers take charge of the warranty directly and, therefore, must be contacted by the customer (contact details are provided when requesting return on our website) .
Any warranty over 1 year and proposed by the manufacturer must be the responsibility directly of the latter. Any intervention by New Energy Mobility after the first year of warranty is at your discretion. In case New Energy Mobility takes over the guarantee, beyond the first year, transport and intervention costs can be billed to the customer if we previously inform you of the precise and detailed amount of said intervention.
Depending on the products and the date of purchase, the responsibility for the repair is from New Energy Mobility, or directly from the manufacturer. For all products sold on our website, the manufacturer’s warranty conditions that come with the products are applicable within the framework of these warranties. This warranty does not cover damage caused by accidents, misuse or assembly, negligence or noticeable change in appearance (any product returned with the label of the missing or torn serial number may be left out of the guarantee) or for the operation of the returned equipment. Any material that shows signs of impact or overheating, even slight, will lose all warranty rights. These operations are the sole responsibility of the user and can create risks for the safety of products and people. In the case of a possible return to the manufacturer for a quote for the repair of an out-of-warranty equipment, administrative and forwarding costs may be charged for the return of the equipment in case of rejecting the requested quote.
Wear and tear items such as tires, air chambers, brake pads, brake shoes, etc. are excluded from the warranty.
The batteries are guaranteed for 6 months on autonomy and 12 months on operation.
In general, the warranty applies only to electronic and electrical parts, of duration of:
- 24 months with a limit of 2500km for products less than 10 inches, strict.
- 24 months with a limit of 3500km for products of 10 inches or more.
Unrestricted products at 25km / h are reserved for private areas.
2. Modality of exercise of the guarantee
Any return of products, beyond the withdrawal period, requires our prior agreement and obtaining a return number issued to the customer. The latter must be inscribed in a very readable manner in all returned packages. Therefore, you are invited to request a refund in your personal account; An email will inform you of the procedure to return the defective product. The return of products is at your own risk. Products returned by carrier without physical protection or poorly protected can not benefit from the warranty, as well as damaged, worn or dirty products. It is your responsibility to ensure the protection of products when they are returned during shipment.
It is your responsibility to keep the packaging and accessories supplied with the product, as well as any labels attached to the product or its packaging, which are necessary to benefit from the warranty offered.
3. Legal guarantees
According to the Consumer Code, the provisions of this document cannot deprive the consumer of legal guarantees of conformity and hidden defects:
The legal guarantee of conformity (articles L.211-2 to L.212-1 of the Consumer Code): The seller must deliver a product that complies with the contract and is responsible for any lack of conformity existing at the time of delivery . It also responds to any lack of conformity that results from the packaging, assembly instructions or installation in case the contract has placed it in your charge or has been carried out under your responsibility.
The action resulting from the lack of conformity is prescribed in 2 years from the delivery of the products.
The legal guarantee against hidden defects (Art. 1641 to 1649 of the Civil Code): The seller is subject to the guarantee for reasons of hidden defects of the thing sold that makes it inappropriate for the use for which it is intended, or that decreases its use so much that the buyer would not have acquired it, or would have given it a lower price, if he had known.
The action resulting from a hidden defect must be initiated by the buyer within 2 years after the discovery of the defect.
4. Particularities
In accordance with the ordinance 2005-136 of February 17, 2005 and Article R211-4 of the Consumer Code, the provisions of the present cannot deprive the consumer of the legal guarantee that obliges the professional seller to offer a guarantee against all consequences of the hidden defects of the thing sold or the service provided. This clause is applicable only in case of total payment of the order. New Energy Mobility is not the manufacturer of all products presented, within the meaning of Law No. 98-389 of May 19, 1998, regarding liability for defective products.
New Energy Mobility is committed to applying the warranty to any returned product as soon as possible. However, when the repair requires the return of the product to the manufacturer, the company cannot be held responsible for delays on behalf of the manufacturer. On the other hand, New Energy Mobility after-sales service selects the carrier responsible for delivering the products to the customer. In the case of returns of after-sales services to our agencies, they will be available during normal opening hours for a period of 3 months from the notification of availability. After this period, the products are fully owned by New Energy Mobility. In case of return of functional material, a flat rate of assistance and diagnosis will be billed at the price of 24.90 € (VAT included). Therefore, before returning, please verify that your problem is not the cause of an incorrect installation or configuration. In the event that an additional intervention is necessary (assembly, additional tests, …), an hourly price of 36.90 € (VAT included) is established.
Reservation of ownership and responsibility
New Energy Mobility retains ownership of the products until you make full payment. The transfer of ownership of the products is made upon full payment of the price. However, during the period between delivery and transfer of ownership, the risk of loss, theft or destruction is your responsibility. Failure to comply with your payment obligations, for any reason, gives New Energy Mobility the right to demand the immediate return of the products delivered at your expense and risk. You agree, in the case of bankruptcy proceedings that affect your company, to actively participate in establishing an inventory of the products in your stock and which New Energy Mobility claims ownership. Otherwise, New Energy Mobility has the power to make an inventory with a Sheriff to the customer’s account.
Refund
You can request a refund within 14 days after purchase.
If 14 days have elapsed since your purchase, unfortunately we cannot offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition you received it. It must also be in the original packaging.
The buyer is responsible for the return costs and all items must be returned in their original packaging with all lables and contents originally supplied.
Refunds (if applicable)
Once we have received and inspected the returned item, we will send you an email to confirm that we have received it. We will also inform you of our decision to approve or deny your refund request. If your request is approved, your refund will be processed and a credit will be automatically deposited to your credit card or to your original payment method, in less than three weeks.
Late or missing refunds (if applicable)
If you have not yet received your refund, first verify your bank account again. Then, contact the credit card issuer, as there may be a delay before your refund is officially published. Then, contact your bank. Processing time is often required before a refund is issued. If after completing all these steps you have not yet received your refund, please contact us at info@nemmotors.com.
Reduced items (if applicable)
Only standard price items can be refunded. Unfortunately, sale items are non-refundable.
Changes (if applicable)
We only replace an item if it is defective or damaged. If, in this case, you want to exchange it for the same article, send us an email to info@nemmotors.com.
Submission
You will be responsible for paying your own shipping costs to return your item. Shipping costs are not refundable. If you receive a refund, the shipping costs will be deducted from the corresponding amount. Depending on your place of residence, the time required to receive your changed product may vary. If you are sending an item that has a value greater than 100 €, you should consider using a delivery service that allows you to track your shipment and / or take out delivery insurance. We do not guarantee that we receive the item that you return to us.
