Terms of Sale

Last Updated: April 27, 2023

Please read these Terms of Sale (“Terms”) carefully before purchasing products or services from Murena Inc. (“us”, “we”, or “our”). By purchasing products or services from us, you agree to be bound by these Terms. If you do not agree to these Terms, you must not purchase products or services from us.

1. Scope

These Terms apply to all sales of smartphones, accessories, and cloud subscription services (collectively, the “Products”) offered by us on our website (the “Site”) to customers located in the United States and Canada. By purchasing Products, you represent that you are legally able to enter into a binding contract and are at least 18 years of age.

2. Orders

You may place an order for Products through our Site. We reserve the right to accept or reject any order in our sole discretion, including due to limited inventory, pricing errors, or other factors. We will notify you of our acceptance or rejection of your order by email. Once we accept your order, a binding contract will be formed between you and us, subject to these Terms.

3. Product Descriptions and Availability

We strive to provide accurate descriptions, images, and pricing information for the Products on our Site. However, we do not warrant that such information is always accurate, complete, reliable, current, or error-free. If a Product you receive does not match its description on our Site, your sole remedy is to return it in accordance with our Returns and Refunds policy (Section 6).

We cannot guarantee the availability of any Product listed on our Site. In the event that a Product is unavailable or out of stock, we may notify you and offer a refund or an opportunity to purchase an alternative Product.

4. Pricing and Payment

Prices for Products are as displayed on our Site and are subject to change at any time without notice. All prices are in U.S. dollars or Canadian dollars and do not include any applicable taxes, shipping fees, or other charges. You are responsible for paying all applicable taxes, shipping fees, and other charges related to your purchase. Payment must be made in full at the time of purchase using one of the payment methods we accept.

5. Shipping and Delivery

We will ship your order to the address you provide during the checkout process. We are not responsible for delays or errors in shipping caused by incorrect or incomplete shipping information. Risk of loss and title for the Products pass to you upon our delivery of the Products to the carrier.

6. Returns, Refunds, and Exchanges

If you wish to return a Product for a refund or exchange, you must first contact our customer service at helpdesk@murena.com to request a Return Merchandise Authorization (RMA) number. No returns will be accepted without a valid RMA number. To be eligible for a return, the following conditions must be met:

a. You must contact our customer service within 30 days of the delivery date of the Product.

b. The Product must be unused, in the same condition that you received it, and in its original packaging. We reserve the right to inspect the returned Product and to determine, in our sole discretion, whether it meets these conditions.

c. You are responsible for the cost of shipping the Product back to us, unless the return is due to our error (e.g., you received an incorrect or defective Product).

d. The RMA number must be clearly written on the outside of the package containing the returned Product.

Once we receive your returned Product and confirm that it meets the conditions for a return, we will process your refund or exchange within a reasonable time. Refunds will be credited to the original payment method used for the purchase. If you are returning a Product due to our error, we will also refund any applicable shipping fees.

Please note that it may take some time for the refund to appear on your bank or credit card statement. If you have not received a refund within 30 days of our receipt of the returned Product, please contact our helpdesk at helpdesk@murena.com for assistance.

7. Product Warranty

All hardware Products sold by us come with a one-year warranty unless otherwise stated. This warranty covers defects in materials and workmanship under normal use during the warranty period. If a Product is found to be defective during the warranty period, we will, at our discretion, repair or replace the defective Product or issue a refund.

This warranty does not cover damage or defects resulting from misuse, abuse, accident, unauthorized modification, or normal wear and tear. To make a warranty claim, please contact our helpdesk at helpdesk@murena.com for assistance.

8. User Accounts

To make a purchase on our Site, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account information and password, as well as for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

9. Privacy

Your use of our Site and the purchase of Products are subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

10. Intellectual Property

All content on our Site, including but not limited to text, graphics, logos, icons, images, and software, is the property of Murena Inc. or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not use, reproduce, modify, distribute, or transmit any of our content without our prior written consent.

11. Limited Liability

To the fullest extent permitted by law, in no event will we or our directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

a. Your purchase of, use of, or inability to use any Products; b. Any unauthorized access to or use of your user account or personal information; or c. Any other matter relating to our Products or these Terms.

12.  Disclaimer

Our Products are provided “as is” and “as available,” without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

13. Indemnity

You agree to indemnify, defend, and hold harmless Murena Inc., its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your purchase of Products, your use of the Site, or your breach of these Terms.

14. Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the  laws of the State of Delaware, United States, without regard to its  conflicts of law provisions. You agree to submit to the personal  jurisdiction of the state and federal courts located in Delaware for any  disputes arising out of or relating to these Terms.

15. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved through binding arbitration in the State of Delaware, United States, rather than in court. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

You and Murena Inc. agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and Murena Inc. waive any right to a jury trial.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, such provision shall be deemed severed from the remainder of these Terms, and the remaining provisions shall continue in full force and effect.

17. Waiver

No waiver by Murena Inc. of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Murena Inc. to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and Murena Inc. with respect to the purchase of our Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

19. Changes to Terms

We reserve the right, in our sole discretion, to modify or update these Terms at any time. We will notify you of any changes by posting the updated Terms on our Site with a new “Last Updated” date. By continuing to purchase Products from us after such changes are posted, you agree to be bound by the updated Terms.

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