TERMS AND CONDITIONS
TECNOGOLF MEXICO S.A DE C.V.
In compliance with the Mexican General Law of Commercial Companies (Ley General de Sociedades Mercantiles), please be informed that the website www.tecnogolf.mx is the property of Tecnogolf de México, S.A. de C.V., Tax Identification Number (RFC) TME090506NXA, with its registered address at 1ra Cda. Cto. Universidades No. 35 Int. 66C, La Pradera, C.P. 76269, El Marqués, Querétaro, Mexico.
These Terms and Conditions ("Terms") governing the purchase of products (the "Service") constitute an agreement between the legal entity or individual executing these Terms, any other document referencing these Terms, or electronically accepting these Terms (the "Customer"), and Tecnogolf México, S.A. de C.V. ("Tecnogolf").
The Customer expressly represents and acknowledges that they have read, understood, and fully accepted these Terms and Conditions, as well as the policies, warranties, limitations of liability, return procedures, cancellation policies, delivery terms, payment conditions, and all other provisions applicable to the commercial transaction entered into with Tecnogolf México, S.A. de C.V.
Furthermore, the Customer declares that they have had sufficient opportunity to review the contents of this document, ask questions, and request clarification regarding any provision contained herein.
Accordingly, the Customer agrees that the execution of any quotation, purchase order, agreement, delivery and acceptance certificate, invoice, or any other document related to the purchase of products or services from Tecnogolf shall constitute conclusive evidence of the Customer's knowledge, understanding, and acceptance of these Terms and Conditions.
The Customer further acknowledges that the purchase of the applicable vehicle, accessory, or product is made voluntarily and with full knowledge of the relevant information, having received all necessary information regarding its features, scope, limitations, conditions of use, applicable warranties, and obligations arising from the purchase. Consequently, the Customer waives any right to claim lack of knowledge of these Terms and Conditions as grounds for failing to comply with the obligations set forth herein.
SALES POLICIES
Pursuant to Articles 17, 18, and other applicable provisions of the Federal Law for the Prevention and Identification of Transactions with Illicit Proceeds (Ley Federal para la Prevención e Identificación de Operaciones con Recursos de Procedencia Ilicita LFPIORPI), Tecnogolf México, S.A. de C.V. ("Tecnogolf") is legally required to identify its customers and users. Accordingly, Tecnogolf shall not conduct transactions with any customer who fails to comply with the documentation and identification requirements established under the applicable law.
All vehicles sold by Tecnogolf must be invoiced. The Customer is required to provide, at a minimum, the following documentation corresponding to the legal entity or individual to whom the invoice will be issued:
INDIVIDUALS
Valid Mexican Voter Identification Card (IFE or INE), or Passport in the case of foreign nationals.
Proof of address issued no more than three (3) months prior to the date of purchase.
Current Tax Status Certificate ("Constancia de Situación Fiscal").
LEGAL ENTITIES
Current Tax Status Certificate ("Constancia de Situación Fiscal").
Proof of address issued no more than three (3) months prior to the date of purchase.
Articles of Incorporation bearing the official registration stamp from the corresponding Public Registry of Property and Commerce.
Corporate resolution or other legal document evidencing the authority of the legal representative.
LEGAL REPRESENTATIVE
The legal representative must also provide the following documentation:
Valid Mexican Voter Identification Card (IFE or INE), or Passport in the case of foreign nationals.
Proof of address issued no more than three (3) months prior to the date of purchase.
Current Tax Status Certificate ("Constancia de Situación Fiscal").
PRODUCT LINES AND LIMITATIONS OF LIABILITY.
Certain vehicles marketed and sold by Tecnogolf México, S.A. de C.V. ("Tecnogolf") belong to different product lines, brands, and manufacturers, each with its own technical specifications, operating capacities, operational limitations, quality standards, and warranty conditions. The Customer acknowledges having received sufficient information regarding the purchased vehicle and agrees to the terms, conditions, and limitations applicable to the corresponding product line.
Tecnogolf shall not be liable for any personal injury, property damage, or damages suffered by third parties arising from the use, operation, misuse, lack of maintenance, or improper handling of the vehicle. The Customer acknowledges the inherent risks associated with the use and operation of the vehicle and hereby releases Tecnogolf from any present or future claims, demands, liabilities, losses, damages, costs, or expenses arising out of or related to such use.
NEW AND PRE-OWNED GOLF CARTS.
If the Customer identifies any defect or malfunction in the vehicle, the Customer must notify Tecnogolf in writing within ten (10) business days following the delivery date. Tecnogolf's technical department shall inspect and evaluate the vehicle to determine whether the issue constitutes a manufacturing defect, a condition covered under the applicable warranty, or damage resulting from misuse or improper operation of the product.
Any request for the return of a vehicle must be submitted in writing and shall be subject to the sole review and approval of Tecnogolf.
The Customer shall deliver the vehicle to Tecnogolf's facilities for inspection. Transportation and shipping costs shall be borne by the Customer unless Tecnogolf expressly agrees otherwise in writing.
For a return request to be considered, the vehicle must be in the same condition in which it was delivered, without modifications, damage, or alterations, and must not exceed twenty (20) kilometers (approximately 12.4 miles) recorded on the odometer.
Returns shall not be accepted for customer dissatisfaction, change of mind, purchasing errors attributable to the Customer, normal wear and tear, misuse, accidents, unauthorized modifications, or any circumstance other than a manufacturing defect confirmed by Tecnogolf.
If, during the inspection, the vehicle is found to have sustained damage, dents, scratches, unauthorized modifications, or any condition different from that existing at the time of delivery, Tecnogolf may reject the return request or deduct from any approved refund the costs of repair, restoration, or reconditioning, as applicable.
Tecnogolf reserves the exclusive right to approve or reject any return request based on the results of its technical inspection and the Customer's compliance with these policies.
Tecnogolf maintains photographs, bills of lading, shipping documentation, and other records evidencing the condition of each vehicle at the time of delivery. Such documentation may be used to trace the vehicle throughout the sales, shipping, transportation, delivery, and acceptance process, determine the point at which any damage or defect occurred, and assign responsibility to the appropriate party. Accordingly, Tecnogolf reserves the right to determine liability and, where applicable, approve or deny any refund request.
Circumstances in Which Returns Will Not Be Accepted:
Returns will not be accepted for customer dissatisfaction, change of mind, or purchasing errors made by the Customer.
If the product does not present a manufacturing defect, has been improperly used, or fails to meet the conditions established herein, Tecnogolf shall not issue any refund.
By purchasing from Tecnogolf, the Customer expressly acknowledges and accepts these Terms and Conditions, including the procedures and consequences described herein.
Any return request that fails to strictly comply with these requirements shall be permanently rejected.
Any approved return shall remain subject to the conditions, fees, penalties, and refund procedures set forth in these Terms and Conditions.
PRICING.
All quotations issued by Tecnogolf México, S.A. de C.V. ("Tecnogolf") are formal quotations prepared based on the information, costs, rates, taxes, commercial conditions, and exchange rates in effect on the date of issuance. Unless expressly stated otherwise in writing, quotations do not constitute a permanent price guarantee nor do they obligate Tecnogolf to maintain the quoted pricing or commercial terms indefinitely.
The prices of vehicles, accessories, replacement parts, and all other products sold by Tecnogolf may be subject to change as a result of fluctuations in foreign exchange rates, price increases imposed by manufacturers or suppliers, changes in import costs, transportation expenses, taxes, duties, tariffs, governmental charges, or any other factor that directly affects the cost of the product.
Should any of the foregoing circumstances arise between the date of the quotation and the date of invoicing or delivery, Tecnogolf reserves the right to adjust the final purchase price of the product and, where applicable, shall notify the Customer of such adjustment.
Furthermore, any typographical, clerical, administrative, mathematical, data entry, descriptive, technical specification, product availability, or pricing error contained in any quotation, commercial proposal, invoice, purchase order, official website, advertisement, marketing material, or any other document issued by Tecnogolf may be corrected at any time. Such correction shall not create any obligation for Tecnogolf to honor incorrect information resulting from such error.
No price, discount, promotional offer, commercial term, or agreement shall be valid unless it is documented in writing and expressly authorized by Tecnogolf. Any verbal representation, amendment, or agreement shall be null and void and shall have no legal force or effect.
EXCHANGE RATE.
Tecnogolf conducts certain transactions in United States Dollars (USD). Such transactions shall preferably be paid in U.S. Dollars to the bank accounts designated by Tecnogolf to receive payments in that currency.
If the Customer elects to pay, in Mexican Pesos (MXN), an invoice issued by Tecnogolf in U.S. Dollars, the following conditions shall apply:
• Any payment made in Mexican Pesos shall be converted into U.S. Dollars using the official exchange rate published by the Official Gazette of the Federation (Diario Oficial de la Federación) on the date the payment is received. The resulting amount in U.S. Dollars must correspond to the total amount of the applicable invoice.
If the Customer pays the invoice in multiple installments, each payment made in Mexican Pesos shall be converted into U.S. Dollars using the official exchange rate published by the Official Gazette of the Federation (Diario Oficial de la Federación) on the date each individual payment is received.
Under no circumstances shall Tecnogolf be obligated to deliver the merchandise until the Customer has paid the invoice in full, together with any applicable freight, shipping, or transportation charges, where such charges have been agreed upon.
If the parties agree to apply a fixed exchange rate as an exceptional commercial arrangement, such agreement must be documented in writing and signed by the sales representative, the Customer, and Tecnogolf's Commercial Manager. No fixed exchange rate agreement shall be valid unless executed in accordance with this requirement.
DEPOSIT POLICY.
Any deposit, reservation payment, or advance payment made to Tecnogolf México, S.A. de C.V. ("Tecnogolf") shall be non-refundable and shall be deemed evidence of the Customer's intent and commitment to purchase.
Any such deposit or advance payment shall be credited toward the total purchase price of the applicable transaction. However, in the event of cancellation, withdrawal, default, or the Customer's decision not to proceed with the purchase, Tecnogolf shall have no obligation to refund any deposit or advance payment, regardless of the stage of the order, customization, preparation, importation, manufacturing, processing, or reservation of the vehicle or product.
By making any advance payment or deposit to Tecnogolf, the Customer expressly acknowledges and accepts the terms of this Deposit Policy.
CHANGE ORDERS.
The Customer acknowledges and agrees that any request to modify the vehicle after the manufacturing or preparation process has commenced may result in additional charges.
If a modification request is made after the vehicle has already been delivered, the Customer shall be responsible for all applicable charges, including, without limitation, the costs of adding or replacing accessories or components, as well as any expenses related to replacement parts, labor, transportation, pickup, and redelivery services.
Furthermore, Tecnogolf México, S.A. de C.V. ("Tecnogolf") reserves the sole and absolute discretion to accept or reject any change or modification requested by the Customer. Any request for a change or modification, as well as Tecnogolf's acceptance thereof, must be made in writing in order to be valid and legally binding upon the parties.
CANCELLATIONS.
Tecnogolf México, S.A. de C.V. ("Tecnogolf") reserves the right, in its sole discretion, to approve or deny any request for cancellation involving customized vehicles, special-order vehicles, vehicles specially prepared for the Customer, or vehicles manufactured, configured, or equipped in accordance with the Customer's specific requirements.
If Tecnogolf approves a cancellation request, it may impose administrative fees, cancellation charges, penalties, retain all or part of any payments received, or deduct amounts corresponding to administrative, operational, logistical, customization, manufacturing, component procurement, storage, or any other costs incurred in connection with the order.
For purposes of this policy, customized vehicles shall include any new or pre-owned vehicle that has been configured, modified, customized, equipped, or specially ordered in accordance with the Customer's specifications, including any feature, option, or configuration that differs from Tecnogolf's standard offering.
Customized vehicles and special-order vehicles may not be eligible for cancellation, return, or refund unless expressly authorized in writing by Tecnogolf.
DELIVERY DELAYS.
The delivery dates provided by Tecnogolf México, S.A. de C.V. ("Tecnogolf") are estimates only and are based on the information available at the time the quotation is issued or the order is confirmed. Such dates are provided for reference purposes and do not constitute a guarantee of delivery on a specific date.
The Customer acknowledges and agrees that circumstances, events, or conditions beyond Tecnogolf's reasonable control may affect delivery schedules, including, without limitation, delays by manufacturers or suppliers, importation delays, customs clearance procedures, inventory shortages, shortages of components or raw materials, transportation or logistics disruptions, natural disasters, governmental actions, labor disputes, public health emergencies, failures of third-party service providers, or any other event constituting force majeure or an unforeseen circumstance beyond Tecnogolf's control.
Accordingly, Tecnogolf shall not be liable for any delay in delivery resulting from any of the foregoing circumstances, and such delays shall not constitute a breach of contract by Tecnogolf.
The Customer agrees that delivery delays caused by factors beyond Tecnogolf's reasonable control shall not entitle the Customer to claim damages, penalties, automatic cancellation of the order, reimbursement of deposits or advance payments, or compensation of any kind, unless Tecnogolf expressly agrees otherwise in writing.
Tecnogolf shall use commercially reasonable efforts to keep the Customer informed of any circumstances that may affect the estimated delivery schedule and shall provide updates as additional information becomes available.
REGUARDO POSTERIOR A LA FECHA PACTADA DE ENTREGA.
Una vez que TECNGOLF notifique al Cliente que el vehículo se encuentra listo para su entrega y se haya acordado la fecha correspondiente, el Cliente contará con un plazo máximo de cinco (5) días hábiles para recibirlo.
En caso de que el Cliente no reciba el vehículo dentro del plazo señalado por causas imputables a éste, TECNGOLF podrá resguardar el vehículo en sus instalaciones. A partir del sexto día hábil y por cada día adicional que el vehículo permanezca bajo resguardo, el Cliente deberá cubrir una cuota de almacenamiento de $50.00 (cincuenta pesos 00/100 M.N.) por día.
El pago de las cuotas de resguardo deberá realizarse previo a la entrega del vehículo, sin perjuicio de cualquier otro adeudo que el Cliente mantenga con TECNGOLF.
STORAGE FOLLOWING THE AGREED DELIVERY DATE.
Once Tecnogolf México, S.A. de C.V. ("Tecnogolf") notifies the Customer that the vehicle is ready for delivery and the corresponding delivery date has been agreed upon, the Customer shall have a maximum period of five (5) business days to take possession of the vehicle.
The execution of the delivery and acceptance certificate, delivery receipt, shipping document, invoice, acknowledgment of receipt, or any other document evidencing the Customer's receipt of the vehicle shall constitute conclusive evidence that the vehicle was received to the Customer's full satisfaction, in proper working condition, free from visible damage, missing components, or apparent defects, and in accordance with the agreed specifications.
Once the applicable delivery and acceptance document has been executed and the vehicle has been delivered at Tecnogolf's facilities or at the previously agreed delivery location, the Customer acknowledges and agrees that the Customer has conducted the appropriate inspection and has accepted the vehicle as satisfactory. Accordingly, no subsequent claims shall be accepted regarding cosmetic damage, missing accessories, visible discrepancies, finishing or preparation details, or any other condition that could reasonably have been identified during the inspection and delivery process.
The Customer further acknowledges that any claim made after delivery shall be handled solely in accordance with the applicable warranty policies and only to the extent that such claim relates to defects covered under the applicable warranty.
WARRANTY.
The warranties applicable to vehicles sold by Tecnogolf shall be rendered null and void, in whole or in part, if the vehicle or any of its components has been used improperly, for purposes other than those for which it was designed, subjected to overloading, negligence, misuse, abuse, accidents, abnormal operating conditions, or any other circumstance exceeding the manufacturer's specifications.
The warranty shall also be void if there is evidence of unauthorized modifications, alterations, adaptations, repairs, installations, or any other intervention performed by third parties other than Tecnogolf or service centers authorized by the manufacturer. This includes, without limitation, modifications to the electrical system, controller, motor, batteries, charger, suspension, steering system, braking system, speed limiter, wiring, accessories, or any other original component of the vehicle.
Furthermore, it shall be an essential requirement for any warranty claim that the Customer retain sufficient documentary evidence of all preventive and corrective maintenance performed in accordance with the intervals, specifications, and recommendations established by the manufacturer. Failure to provide maintenance records, invoices, service orders, or any other reasonable evidence of proper maintenance may constitute sufficient grounds to deny warranty coverage.
If the vehicle has been inspected, repaired, modified, or otherwise serviced by workshops, technicians, suppliers, or service providers not authorized by Tecnogolf or the applicable manufacturer, the warranty may be void with respect to the affected components or, where such intervention compromises the vehicle's operation, safety, or structural integrity, with respect to the entire vehicle.
The Customer acknowledges and agrees that Tecnogolf distributes and sells different vehicle brands and product lines, and that each manufacturer maintains its own independent warranty terms, scope of coverage, exclusions, warranty periods, and claim procedures. Accordingly, the warranties applicable to each vehicle shall be exclusively those provided by the corresponding manufacturer for the applicable brand and model.
Likewise, the batteries installed in the vehicles may be covered by warranties issued directly by their respective manufacturers. Such warranties shall be subject to their own specific terms, exclusions, coverage periods, and claim procedures, which may differ from those applicable to the vehicle itself. Tecnogolf does not modify, extend, or supplement such warranty conditions and shall act solely as an intermediary when appropriate.
Components subject to normal wear and tear, including, without limitation, tires, brakes, brake pads, light bulbs, fuses, windshield wipers, upholstery, cosmetic finishes, consumable batteries, wear items, and accessories exposed to ordinary use, shall not be considered manufacturing defects and, unless expressly provided otherwise by the applicable manufacturer, shall not be covered under warranty.
The Customer shall be solely responsible for reviewing, understanding, and complying with the warranty terms, limitations, exclusions, and claim procedures applicable to the vehicle, batteries, accessories, and all other purchased components. By purchasing the vehicle, the Customer expressly acknowledges and accepts these Terms and Conditions, as well as the warranty policies established by each applicable manufacturer.
WARRANTY POLICIES.
The Customer has the right to be informed whether the vehicle to be purchased is covered by a valid warranty, and Tecnogolf shall provide the Customer with the scope and terms of the warranty applicable to the vehicle model being quoted. If the warranty period has expired or the warranty is otherwise not applicable under its terms and conditions, Tecnogolf shall disclose such information to the Customer. The Customer acknowledges and agrees that the purchase of any new or pre-owned vehicle from Tecnogolf constitutes acceptance of the warranty status applicable to such vehicle, whether or not a warranty is in effect, depending on the characteristics of the vehicle.
Tecnogolf is not the manufacturer of any vehicle. Different vehicle models are covered by different warranty policies issued exclusively by the applicable manufacturer. Warranty coverage shall be subject to the Customer's compliance with all maintenance and service requirements established by the manufacturer for the applicable vehicle.
The warranties applicable to each vehicle model shall be governed by the following provisions:
a. The Customer shall be solely responsible, at its own expense, for transporting the vehicle to Tecnogolf's facilities for inspection, diagnosis, warranty evaluation, repair, or service.
b. The Tecnogolf Service Manager shall be the only person authorized to approve warranty service at a location other than Tecnogolf's facilities, provided that one of the following conditions is satisfied:
The Customer shall, at its sole expense and responsibility, provide a qualified technician capable of receiving technical training from Tecnogolf personnel in order to perform authorized repairs and/or modifications to the vehicle. The Customer shall also bear all travel expenses, lodging, transportation, and any other costs associated with Tecnogolf's technical personnel inspecting or servicing the vehicle at the location designated by the Customer.
Tecnogolf has an authorized and qualified service technician available within the geographic area where the vehicle is located, in which case the Service Manager may assign such technician to perform the applicable warranty repairs, maintenance, or service.
Tecnogolf may, at its sole discretion, conduct courtesy service visits to customers during certain periods of the year and establish service itineraries to perform warranty repairs at the Customer's facilities. Such visits are voluntary, subject to Tecnogolf's availability, and shall not create any obligation for Tecnogolf to provide on-site warranty service.
RETURN POLICY.
These Return Policies apply to vehicles, golf accessories, replacement parts, and all other products sold by Tecnogolf México, S.A. de C.V. ("Tecnogolf").
All products sold by Tecnogolf are subject to the specific return policies applicable to each product line and/or manufacturer, which the Customer acknowledges having read, understood, and accepted at the time of purchase.
1. Inventory Vehicles. Vehicles available in Tecnogolf's inventory may be eligible for a return request within ten (10) business days following the date of delivery. Submission of a return request does not constitute automatic acceptance, as all returns are subject to prior evaluation and written approval by Tecnogolf.
2. Approval of Returns. Tecnogolf reserves the exclusive right to approve or reject any return request based on the condition of the vehicle, compliance with these Terms and Conditions, and the particular circumstances of each case.
3. Restocking and Administrative Charges. If a return is approved, Tecnogolf may apply a restocking fee, administrative charge, or other return-related fee of up to thirty percent (30%) of the total purchase price of the vehicle.
4. Condition of Returned Vehicle. To qualify for a return, the Customer must deliver the vehicle to Tecnogolf's facilities in the same condition in which it was received, free from damage, alterations, missing components, or deterioration resulting from improper use. If the Customer requests that Tecnogolf collect the vehicle from a different location, all transportation, logistics, handling, freight, and related costs shall be borne exclusively by the Customer.
5. Maximum Mileage. The returned vehicle must have no more than twenty (20) kilometers recorded on the odometer at the time it is received by Tecnogolf. If this mileage is exceeded, Tecnogolf may reject the return or apply additional charges for depreciation, wear, or use.
6. Non-Returnable Products. Returns shall not be accepted for vehicles manufactured under special order, custom-built or specially configured vehicles, vehicles modified in accordance with the Customer's specifications, customized accessories, or any product ordered outside Tecnogolf's regular inventory.
7. Non-Refundable Deposits. Down payments, deposits, or reservation payments made for special orders, customized vehicles, or units specifically requested by the Customer are non-refundable unless otherwise expressly authorized in writing by Tecnogolf.
8. Refund Processing. Once the return has been approved and the vehicle has been received at Tecnogolf's facilities, the applicable refund shall be processed within a maximum period of thirty (30) business days, subject to administrative, financial, and technical verification of the condition of the returned vehicle.
9. Vehicle Exchanges. Any exchange of a vehicle or substitution for another product shall be subject to inventory availability, Tecnogolf's prior written approval, and the commercial terms and pricing in effect at the time the request is made.
10. Replacement Parts and Accessories. Replacement parts and accessories maintained in Tecnogolf's inventory may be eligible for a return request within ten (10) business days following the date of delivery. Submission of a return request does not constitute automatic acceptance, as all returns are subject to prior evaluation and written approval by Tecnogolf.
To qualify for a return, all replacement parts and accessories must be unused, uninstalled, complete, in their original packaging, with all labels, manuals, and included accessories intact, and in the same condition in which they were delivered. Returns will not be accepted for electrical or electronic parts, batteries, consumable products, installed components, products damaged due to improper handling, or any replacement parts or accessories that were specially ordered or customized for the Customer.
REFUND PROCESS.
Tecnogolf may issue a refund to the Customer; however, any approved refund shall be subject to a minimum administrative charge equal to ten percent (10%) of the amount to be refunded, plus any applicable taxes.
If the Customer has a pending refundable balance and requests a refund, the following provisions shall apply:
1. The Customer must have no outstanding payment obligations owed to Tecnogolf for any reason. If the Customer has any outstanding balance, the approved refundable amount shall first be applied toward the payment of such indebtedness.
2. If any remaining balance exists after all outstanding amounts have been satisfied, only such remaining balance shall be eligible for refund.
Once the refund has been approved in accordance with the foregoing, the refund request must comply with the following requirements:
The Customer must submit a written refund request bearing an original signature. If the Customer is a legal entity, the request must also be submitted on the company's official letterhead.
The refund request must be signed by the following person, depending on the party to whom the vehicle was invoiced:
Legal Entities: The company's legal representative.
Individuals: The purchaser of the vehicle.
Foreign Customers Without a Business Presence in Mexico: The individual purchaser or authorized representative, as applicable.
The refund request must include the following information:
The reason for requesting the refund.
The amount requested.
The name of the bank to which the refund will be transferred.
The bank account number, specifying the account holder's name. The account must be registered in the name of the same individual or legal entity that purchased the vehicle.
The eighteen (18)-digit CLABE (Mexican standardized bank account number), when applicable.
The following declaration:
"I hereby declare, under penalty of perjury, that this refund request is not related to money laundering, tax evasion, or any other unlawful activity, and that the funds used to purchase the vehicle originated from lawful sources."
A legible copy of the payment receipt, wire transfer confirmation, or Tecnogolf receipt evidencing the amount paid by the Customer for which the refund is being requested.
For electronic fund transfers, the Customer must also provide proof of the original transfer from the originating bank account. Any refund shall be made exclusively to the same bank account from which the original payment was received.
Tratándose de depósitos electrónicos, deberán anexar el comprobante electrónico de la cuenta de origen de los fondos, y solamente a esa cuenta se le deberá devolver el dinero.
The receiving bank account must be registered in the name of the same individual or legal entity submitting the refund request. If the account holder's information does not match the purchaser's information, the refund shall not be processed. If the Customer refuses to provide the required banking information, Tecnogolf may contact its financial institution to verify the origin of the funds in accordance with applicable legal and regulatory requirements.
For legal entities, the following additional documentation must be provided:
:
Articles of Incorporation (or equivalent corporate formation documents).
Documentation evidencing the authority of the legal representative executing the refund request.
A copy of the bank account statement cover page showing the same banking information used for the original payment, including the bank name, account number, CLABE (if applicable), and the name of the individual or legal entity.
The applicable Tax Identification Number (RFC), whether for an individual or legal entity.*
A valid government-issued photo identification bearing the signature of the individual purchaser or, in the case of a legal entity, of its legal representative or duly authorized attorney-in-fact.
Refund requests submitted solely by email shall not be accepted. Tecnogolf requires the original written request described above, duly signed by the legal representative or the individual purchaser, as applicable.
Provided that all required documentation has been submitted in full, any approved refund shall be processed within thirty (30) business days following Tecnogolf's receipt of the complete documentation. The return of a vehicle shall not constitute immediate authorization of a refund, which shall remain subject to the procedures, review, and timeframes established in this Refund Process section. Any exception to this procedure must be expressly authorized by Tecnogolf's Finance Manager.
LIABILITY.
Upon delivery of the vehicle and execution of the corresponding delivery receipt or acceptance document, the Customer agrees to fully release and discharge Tecnogolf, together with its officers, employees, agents, representatives, affiliates, and authorized dealers, from any and all liability for damages, losses, defects, claims, or issues that may arise with respect to the vehicle after delivery. The Customer acknowledges that the vehicle has been received in satisfactory condition, in proper working order, and in accordance with the agreed specifications. Accordingly, the Customer waives and releases any future claim against Tecnogolf relating to the condition of the vehicle at the time of delivery, except as otherwise expressly provided under the applicable manufacturer's warranty or as required by mandatory applicable law.
RECORD RETENTION AND DOCUMENTATION.
Tecnogolf shall safeguard, protect, maintain, and preserve all information and documentation relating to its Customers, Users, and commercial transactions, including all records generated for purposes of compliance with the Mexican Federal Law for the Prevention and Identification of Transactions Involving Illicitly Sourced Funds (Ley Federal para la Prevención e Identificación de Operaciones con Recursos de Procedencia Ilicita), as amended from time to time.
Supporting documentation and records relating to commercial transactions and any activities subject to applicable regulatory requirements shall be retained for a minimum period of five (5) years from the date of the relevant transaction, or for such longer period as may be required under applicable law.
ELECTRONIC SIGNATURES.
The Parties acknowledge and agree that electronic signatures, digital signatures, digitized handwritten signatures, passwords, authentication codes, email acceptances, or any other electronic means used to express consent shall have the same validity, legal force, and effect as a handwritten signature, in accordance with the applicable laws of Mexico.
For purposes of these Terms and Conditions, an Electronic Signature shall mean any electronic data or set of electronic data used by a person with the intention of expressing consent and becoming legally bound by the terms and conditions set forth in this document.
The Customer acknowledges that it has read, fully understood, and accepted these Terms and Conditions, together with all applicable policies, warranties, limitations of liability, and any other documents relating to the commercial transaction entered into with Tecnogolf. The Customer further represents and warrants that such acceptance is given freely, voluntarily, and with full knowledge of its legal consequences, and that the Customer has full legal capacity and authority to be bound by the provisions contained herein.
Electronic acceptance of these Terms and Conditions shall constitute sufficient evidence of the Customer's intent to be legally bound and shall produce the same legal force and effect as a handwritten signature for all purposes between the Parties.
GOVERNING LAW, LIABILITY, AND ASSUMPTION OF RISK.
The Customer acknowledges and agrees that the operation and use of golf vehicles, utility vehicles, and any other products sold by Tecnogolf involve inherent risks associated with their operation, driving, maintenance, and general use. Accordingly, the Customer agrees to operate and maintain such products in accordance with the manufacturer's specifications, owner's manuals, recommendations, and all applicable laws and regulations.
Upon delivery of the vehicle, the Customer assumes full responsibility for its operation and use and hereby releases and discharges Tecnogolf, its shareholders, directors, officers, employees, representatives, agents, affiliates, and authorized dealers from any and all claims, liabilities, damages, losses, personal injuries, property damage, costs, or expenses arising out of or relating to the improper, negligent, reckless, unauthorized, or manufacturer non-compliant use of the vehicle. The Customer shall also be solely responsible for any modification, adaptation, installation of accessories, repair, or other work performed by any person or entity not authorized by Tecnogolf that may affect the vehicle's operation, performance, safety, or reliability.
Any dispute, claim, controversy, or cause of action arising out of or relating to the interpretation, performance, enforcement, validity, or execution of these Terms and Conditions, or any commercial transaction entered into between the Parties, shall be governed by and construed in accordance with the laws of the United Mexican States (Mexico).
The Parties expressly submit to the exclusive jurisdiction of the competent courts located in Santiago de Querétaro, Querétaro, Mexico, irrevocably waiving any other jurisdiction or venue to which they may otherwise be entitled by reason of their present or future domicile or for any other reason.
If any provision of these Terms and Conditions is held by a court or other competent authority to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and shall not be affected thereby.