Introduction
These are the General Terms and Conditions of Segway Europe B.V. They apply whenever you use or place an order via our Website, and contain important information for you as buyer. You should therefore carefully read the General Terms and Conditions. We also recommend that you save and print these General Terms and Conditions so that you can re-read them at a later point in time.

ARTICLE 1. DEFINITIONS

1.1 Segway: having its registered office in Amsterdam and registered with the Chamber of Commerce as Segway Europe B.V. under number 65533305.

1.2 Website: the Segway website, which can be accessed via http://ninebot-store.com/, and all associated sub-domains.

1.3 Customer: the natural or legal person, acting in a professional or business capacity or otherwise, that concludes an Agreement with Segway and/or has registered on the Website.

1.4 Agreement: any arrangement or agreement between Segway and the Customer, of which agreement the General Terms and Conditions form an integral part.

1.5 General Terms and Conditions: these general terms and conditions.

ARTICLE 2. SCOPE OF THE GENERAL TERMS AND CONDITIONS

2.1 These General Terms and Conditions apply to all the offers of, Agreements with and supplies by Segway, unless expressly agreed otherwise in writing.

2.2 If the Customer incorporates terms or conditions in its order, confirmation or notice of acceptance that differ from or are not included in the General Terms and Conditions, these will only be binding on Segway if and insofar as Segway has expressly accepted them in writing.

2.3 In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions will apply as well, whereby the Customer can always invoke the applicable condition most favourable in its case if there should be any inconsistency between conditions.

ARTICLE 3. PRICES AND INFORMATION

3.1 All prices quoted on the Website and in other material issued by Segway include VAT and other government levies, unless the Website states otherwise.

3.2 If any shipping costs are charged, this will be stated clearly and before the Agreement is concluded. In addition, these costs will be specified separately in the ordering process.

3.3 The content of the Website has been compiled with the greatest possible care. However, Segway cannot guarantee that all the information on the Website is correct and complete at all times. In the event of evident programming or typing errors, the offer is invalid, and acceptance of such offer will not establish an agreement with Segway.

3.4 Segway cannot be held responsible for (colour) variations due to screen quality.

ARTICLE 4. FORMATION OF THE AGREEMENT

4.1 The Agreement will be formed at the moment when the Customer accepts Segway’s offer and fulfils the conditions set by Segway in that context.

4.2 If the Customer accepted the offer electronically, Segway will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer will be able to terminate the Agreement.

4.3 If it appears that the Customer provided incorrect information when accepting the offer or otherwise concluding the Agreement, Segway will have the right to suspend fulfilment of its obligation until the correct information has been received.

4.4 Segway may, within the statutory parameters, investigate whether the Customer is able to meet its payment obligations, as well as verify the facts and factors that are important in order to conclude the Agreement in a responsible manner. If, following this investigation, Segway has good reason not to conclude the Agreement, it will be entitled to refuse an order or request, giving its reasons, or to attach conditions to the fulfilment of an order, such as payment in advance.

ARTICLE 5. PERFORMANCE OF THE AGREEMENT

5.1 Once Segway has received the order, it will send the products to the Customer as soon as possible, with due observance of the provisions of paragraph 3 of this article.

5.2 Segway is entitled to engage third parties in the fulfilment of its obligations under the Agreement.

5.3 Before the Agreement is concluded, information will be posted on the Website which clearly describes the manner in which and the term within which the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered within 30 days at the latest.

5.4 If Segway is unable to deliver the products within the agreed term, it will notify the Customer accordingly. In that case, the Customer may decide to agree to a new delivery date or will be offered the opportunity to terminate the Agreement without incurring any costs.

5.5 Segway recommends that the Customer inspects the products upon delivery and reports any defects within an appropriate period, preferably in writing. For further details, see the article on guarantee and conformity

5.6 The risk with respect to the products will pass to the Customer as soon as the products have been delivered at the agreed delivery address. If the parties have expressly agreed otherwise, the risk may pass to the Customer at an earlier stage. If the Customer decides to collect the products, the risk will pass when the products are transferred.

5.7 If the ordered product can no longer be supplied, Segway will be entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, the Customer will have the right to terminate the Agreement without incurring any costs and to return the product free of charge.

ARTICLE 6. RIGHT OF WITHDRAWAL/RETURNS

6.1 This article only applies if the Customer is a natural person who is not acting in a professional or commercial capacity. Business Customers therefore have no right of withdrawal. The Customer has the right to terminate the distance Agreement with Segway within 14 calendar days of receiving the product (except E-Scooter Products), without incurring costs and without stating reasons. This period will start on the day after the Customer, or a third party – not being the carrier – previously designated by the Customer, has received the product, or:

• if the Customer’s order involved several products: the day on which the Customer, or a third party designated by the Customer, received the last product;
• if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by the Customer, received the last shipment or the last part;
• in the case of Agreements involving regular deliveries of products over a particular period: the day on which the Customer, or a third party designated by the Customer, received the first product.

6.2 Only the direct costs incurred for the return shipment will be payable by the Customer. This means that the Customer will have to bear the costs of returning the product. If these costs are higher than the regular postage rate, Segway will provide an estimate of these costs. Any amounts paid by the Customer in payment for the product and costs of shipment to the Customer will be refunded to the Customer upon the return of the entire order.

6.3 During the term of the right to withdrawal referred to in paragraph 1, the Customer will treat the product and its packaging with the utmost care. The Customer will not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features and their operation. The premise in this context is that this inspection should not go beyond what the Customer could do in a physical shop.

6.4 The Customer will only be liable for a decrease in value of the product which results from a manner of handling the product that goes beyond what is allowed under the previous paragraph.

6.5 The Customer may terminate the Agreement during the period specified in paragraph 1 of this article by sending or electronically submitting the model withdrawal form to Segway, or by otherwise notifying Segway in an unambiguous manner that he or she is canceling the purchase. In the event of a digital notification, Segway will confirm receipt of that notification. Following termination, the Customer will have a period of 14 days in which to return the product. Alternatively, the product may be returned immediately within the reflection period specified in paragraph 1 of this article, provided that the model withdrawal form or other unambiguous notification of withdrawal is enclosed.

6.6 Any amounts already paid or prepaid by the Customer will be refunded to the Customer as soon as possible, but in any case within 14 days of the termination of the Agreement, by the same method which the Customer used to pay for the order. If the Customer opted for a more expensive delivery method than the cheapest standard delivery, Segway will not be required to refund the additional costs for the more expensive method. Unless Segway offers to collect the product itself, Segway may postpone the refund until Segway has received the product or until the Customer has demonstrated that he or she returned the product, whichever is earlier.

6.7 Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, before the Agreement is concluded.

ARTICLE 7. PAYMENT

7.1 The Customer must pay the amounts due to Segway using the payment methods specified in the ordering procedure and on the Website. Segway is free to offer any payment method of its choice and may change these methods at any time. In the event of payment after delivery, the Customer will have a payment term of 14 days starting on the day after delivery.

7.2 If the Customer fails to meet its payment obligation or obligations in time and, having been notified by Segway that payment is overdue, and offered a period of 14 days in which to meet its payment obligations, fails to effect payment within this 14-day period, the Customer will owe interest at the statutory rate on the outstanding amount, and Segway will be entitled to pass on the extrajudicial collection costs it has incurred to the Customer. These collection costs will not exceed 15% on outstanding amounts up to EUR 2,500; 10% on the next EUR 2,500 and 5% on the next EUR 5,000, with a minimum of EUR 40. Segway may deviate from the aforesaid amounts and percentages in the Customer’s favour.

ARTICLE 8. GUARANTEE AND CONFORMITY

8.1 This article only applies if the Customer is not acting in a professional or commercial capacity.

8.2 Segway will ensure that the products satisfy the Agreement, the specifications laid down in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that are in force on the date the Agreement is formed. If specifically agreed, Segway will also ensure that the product is suitable for purposes other than its normal use.

8.3 Guarantees offered by Segway, the manufacturer or the importer will not affect the statutory rights and claims which the Customer has and may invoke by virtue of the Agreement.

8.4 If the delivered product does not satisfy the Agreement, the Customer must notify Segway accordingly within a reasonable period of detecting the defect.

8.5 If Segway deems the complaint to be valid, the products concerned will be repaired, replaced or refunded in consultation with the Customer. The refund cannot exceed the price paid for the product by the Customer, subject to the provisions set out in the article on liability.

ARTICLE 9. COMPLAINTS HANDLING PROCEDURE

8.1 This article only applies if the Customer is not acting in a professional or commercial capacity.

8.2 Segway will ensure that the products satisfy the Agreement, the specifications laid down in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that are in force on the date the Agreement is formed. If specifically agreed, Segway will also ensure that the product is suitable for purposes other than its normal use.

8.3 Guarantees offered by Segway, the manufacturer or the importer will not affect the statutory rights and claims which the Customer has and may invoke by virtue of the Agreement.

8.4 If the delivered product does not satisfy the Agreement, the Customer must notify Segway accordingly within a reasonable period of detecting the defect.

8.5 If Segway deems the complaint to be valid, the products concerned will be repaired, replaced or refunded in consultation with the Customer. The refund cannot exceed the price paid for the product by the Customer, subject to the provisions set out in the article on liability.

ARTICLE 10. LIABILITY

10.1 This article only applies if the Customer is a natural or legal person acting in a professional or commercial capacity.

10.2 Segway’s total liability to the Customer due to attributable failure to perform the Agreement is limited to compensation not exceeding the amount of the price paid by the Customer under that Agreement (including VAT), with a maximum of EUR 500 (including VAT).

10.3 Segway disclaims any liability to the Customer for indirect losses, in any case including – but expressly not limited to – consequential losses, lost profits, missed savings, data losses and losses due to business interruption.

10.4 Except for the cases referred to in the preceding two paragraphs of this article, Segway will not be liable to pay the Customer any compensation whatsoever, regardless of the grounds on which an action for compensation may be based. However, the limitations of liability referred to in this article will cease to apply if and insofar as any loss is the result of intent or deliberate recklessness on Segway’s part, or in the event of losses due to death or physical injury.

10.5 Segway will only be liable to the Customer on account of attributable failure to perform an Agreement if the Customer promptly gives Segway proper notice of default in writing, specifying a reasonable period of time in which to remedy the failure, and Segway still fails to fulfill its obligations after that period has expired. The notice of default must describe the failure in the greatest possible detail, so as to enable Segway to provide an adequate response.

10.6 Any right to claim compensation will at all times be subject to the condition that the Customer sends Segway written notification of the loss within 30 days after it has arisen.

10.7 In the event of force majeure, Segway will under no circumstances be liable to compensate the Customer for any loss suffered by the latter as a result. In any case, force majeure includes failures or outages of the Internet or the telecommunications infrastructure, power failures, civil unrest, mobilisation, war, transport disruptions, strikes, lockouts, business interruptions, stagnation in deliveries, fire, floods, and import and export restrictions.

ARTICLE 11. RETENTION OF TITLE

11.1 As long as the Customer has not paid the agreed amount in full, Segway will retain ownership of all the goods delivered.

ARTICLE 12. PERSONAL DATA

12.1 Segway will process the Customer’s personal data in accordance with the privacy and cookie statement published on the Website.

ARTICLE 13. FINAL PROVISIONS

13.1 The Agreement is governed by Dutch law. If the Customer is a natural person not acting in a professional or business capacity, this choice of law will not affect the protection which the Customer enjoys under the mandatory law of his or her place of residence.

13.2 Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where Segway has its registered office.

13.3 If any provision of these General Terms and Conditions should turn out to be null and void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the parties will replace that provision by one or more new provisions that will reflect the purpose of the original provision as much as is possible under the law.

13.4 The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.

 

Contact details

If you should have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.

Segway Europe BV
Dynamostraat 7 
1014BN, Amsterdam

E: [email protected]
Chamber of Commerce no. 65533305
VAT NL8561.50.502.B.01