ORDER AGREEMENT
Definitions
Comate Motion B.V., hereinafter referred to ‘Comate’, ‘we’ or ‘us’.
Client (hereinafter referred to as ‘you’ or ‘Client’):
Natural or legal persons with whom Comate enters into an agreement or with whom Comate negotiates the conclusion of the agreement.
Product
This order agreement, hereinafter referred to as ‘Agreement’, forms the reservation for the possibility of concluding a future purchase contract between Comate and Client.
Please read all the following terms carefully before submitting your order. By submitting the order, you agree to all these terms.
Order Ages and Ranges
1. The Client must be over 18 years of age and not legally incapacitated. If Comate becomes aware that an order has been placed by a minor, Comate reserves the right to refuse the order.
2. Client must have a valid email address and provide all information completely and truthfully for placing orders.
Rights and Duties
1. Client shall submit an order on http://www.comatebikes.com and finalize the payment using one of the payment methods provided by Comate to conclude a purchase with Comate Motion B.V. Comate is asking the Client to provide information about the identity, address and contact information during this process so that the order can be processed further.
2. Orders are automatically constituting purchase agreements.
3. When Comate accepts the order, the Client will receive an e-mail which includes necessary information for confirmation.
4. Comate can refuse orders at its own discretion, for example to avoid oversubscription. If the order is declined, the Client will be notified by email and can choose either to stay on the waiting list or to have a total refund.
5. The Client shall ensure that all of the information provided is correct when ordering. It is the Client’s responsibility to notify changes to this information by emailing service@comatebikes.com. We are not liable for inaccurate or outdated information.
General Terms and Conditions
1. The information provided by Comate is used in accordance with our general terms and conditions, to which reference is expressly made and which are available on our website. Please read our privacy policy and terms of use carefully to understand Comate’s practices in relation to the information and how it is handled. If there are any questions about our privacy policy or terms of use, please send an email to service@comatebikes.com
2. Neither the Client nor Comate will be liable for any errors or delays in fulfilling any obligation under this Agreement that result from an event beyond our reasonable control, including, but not limited to, force majeure, pandemic, epidemic, disease, terrorism, war, political insurrection, insurrection, riot, civil or military authority, material change in applicable law or regulation, insurrection, unavailability of materials, strike, earthquake, flood, or other natural or man-made event beyond our control.
3. These Terms may be updated from time to time. We reserve the right to modify, revise or change these Terms at any time, with or without notice. It is your responsibility to review these terms and conditions periodically to ensure that you are aware of any changes. By continuing to use our products following any changes, modifications, or changes to these Terms, you agree to be bound by these revised Terms. In addition, we reserve the right to apply the new restrictions or other changes retroactively to previous purchases.
Payment
1. The Client will be charged the full payment when placing the order.
2. Comate reserves the right to ask the Client for additional information or documents proving ownership of the credit card.
3. The Client will receive a confirmation after the payment has been done.
4. The purchase agreement is entered into as soon as Comate confirms Client’s order in writing. Confirmation will follow after Comate has received approval from your card issuer. Orders without a valid payment in the name of the registered cardholder will not be accepted or processed by Comate. When using another cardholder’s bank card, you confirm that you are authorised to use that bank card for the purchase from Comate and to make the payment with it. If the issuer of your card refuses to approve your payment to Comate, Comate cannot be held liable for delays in delivery and/or non-delivery of your order. Comate accepts the following payment methods: iDeal, Visa, MasterCard, JCB, American Express, PayPal and Klarna. By agreeing to use one of these payment methods, you also agree to the privacy policy of that payment method. Please follow the link to learn more about the data collection and privacy policy of the payment platform.
Price
1. Price Protection: If the price of an item decreases after a client has placed an order but before he/she receive it, Comate will refund the difference. Conversely, if the price increases during this period, the client will not be required to pay the additional amount.
2. Comate keeps the right to refuse the order if the price and other terms has manifest injustice, in case the website price system is attacked by hackers or artificially damaged.
Delivery
1. Comate is obliged to deliver Client’s order as soon as possible when stocks are available.
2. In the event of any delays or problems with delivery, Comate will promptly contact the client by email. For more details, please visit the ‘Delivery and Return’ section at the bottom of the Comate website.
Cancellation and Refund for e-bike and Pre-installed Accessories
1. Clients reserve the right to return their bike within fourteen (14) days from the date of receipt without any conditions, and are entitled to a refund. In case of a cancellation, clients should send an email to service@comatebikes.com, providing Client’s order number and personal information.
2. We will confirm cancellation by email and arrange a logistic provider for you.
3. Please note that the right of cancellation does not apply if bike is manufactured according to the Client’s specifications or are clearly personalized.
4. When returning your bike, please use its original packaging to ensure that it is perfectly protected during delivery. If you have assembled and ridden the bike, we may charge a depreciation fee depending on the condition of the bike.
5. We are happy to cover the express cost of the return shipment through our appointed logistic suppliers. However, you may have to pay for the return delivery in advance. We will reimburse you for the cost of the return delivery once we receive the products back. Comate will not reimburse the additional costs if you have explicitly chosen a delivery that is not the cheapest standard delivery that Comate offers.
6. Comate must use the same payment method as used by you in the original transaction, unless you expressly agree otherwise, and provided that you will not incur any additional fees for such refund.
7. The Client’s refusal of delivery without notification is considered as a return, and therefore the client needs to pay the return shipping costs of €30 (the Netherlands, Belgium and Germany). Costs for other area/country will depend on the billing of logistic supplier.
8. A refund will be processed within a maximum of fourteen (14) working days after Comate receiving the returned bike.
Cancellation and Refund for Accessories not Pre-installed on the Bike
1. Any accessory or spare part purchased on our website can be returned within fourteen (14) days of delivery, as long as it is unused, in its original packaging and in a resaleable condition.
2. Get in touch with us service@comatebikes.com, so that we can arrange the logistics with you and take care of the shipping costs.
3. A refund will be processed within a maximum of fourteen (14) working days after Comate receiving the returned accessory.
Products Configuration
Comate holds the right to change at any time the technical data. By agreeing to current agreement, the Client represents and warrants us understanding that the products configuration is subject to change prior to entering into a definitive sales agreement.
Severability Clause
1. We reserve the sole right to change these terms at any time in our sole discretion. If for any reason a court of competent jurisdiction determines that any provision or portion thereof is unenforceable, the remainder of these terms will remain in full force and effect and the unenforceable provision will be deemed to be amended only to the extent necessary.
2. Order, order confirmation, order agreement, general terms and conditions constitute the final and integrated agreement between the Client and Comate.
Applicable Law and Place of Jurisdiction
1. All legal relations arising out of or in connection with the contractual relationship between the Supplier and the customer (including these General Terms and Conditions) shall be governed exclusively by the Dutch, to the full exclusion of its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the provisions of Private International Law of the Netherlands.
2. For any disputes arising from or in connection with the contractual relationship between the Supplier and the customer (including these General Terms and Conditions), the place of jurisdiction shall be our registered office.
Contact Information
Comate Motion B.V. registered in Smederijstraat 37, 5111PT Baarle-Nassau, Netherlands
Company number: 88309029
VAT number: NL864574010B01
E-mail address: info@comatebikes.com
Updated December 2024 by Comate Motion BV