Scope of application

These Terms and Conditions apply to all Sales of Services or Products concluded between You and MURENA RETAIL SAS, located at 31 Avenue de Ségur, 75007 Paris, France through the website https://murena.com

BY COMPLETING A PURCHASE OF A PRODUCT OR A SUBSCRIPTION TO A SERVICE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF SALE AND CONDITIONS OF THE SERVICE.

We may occasionally modify these conditions and these modifications are enforceable from the moment they are online on our Site and apply to sales concluded later.

Unless proven otherwise, the data We record constitutes proof of all transactions.

Product and Services

New and Refurbished Smartphones with /e/OS

Upon placing Your Order with Us and according to Your instructions, We source new or used mobile smartphones on which We install /e/OS operating system and its default apps.

These phones come with their battery and compatible accessories if applicable (hands-free kit and, if specified, other compatible accessories).

/e/OS is a version of Android that does not use Google’s Android services. The OS operating system is constantly improving, and it may have different features from a Google Android system, different choice of Android application than what can be found on the Google Play store. /e/OS is not a Google Product, and it is not supported by Google under any circumstances.

Refurbished smartphones with /e/OS are not delivered in their original packaging. The Product We sell must undergo tests and treatments that vary according to their type in order to provide You with a near “new” condition. The list of said tests and treatments performed by type of Product is available upon request.

All refurbished smartphones we sell have undergone a data “hard reset” before being put on sale.

Paid Cloud services

We offer paid cloud subscription services to enable You to access a larger amount of space defined by the plan you subscribe. To use our paid cloud subscription services, You must have an “Murena Cloud account” ID and have agreed to its Terms of Use located here.

Your data located on Our cloud services is stored on secure servers. We don’t access, scan you read your data stored within your personal cloud space.

You are responsible for all content posted and activity that occurs in your account. You may not use the Service for any illegal or unauthorised purpose. When using the Service you must not violate any laws in your jurisdiction or ours (including but not limited to copyright laws).

Prices

Prices include the current rate VAT depending on the country of your purchase when purchasing within the European Union. They are net, firm and non-revisable. We reserve the right to modify the price at any time, without notice, it being specified that the Products will be invoiced to You at the price in effect at the time of validation of Your order by us.

For deliveries outside the European Union, we will invoice excluding VAT and you will be responsible to pay for any customs duties or other taxes like local VAT or sales tax upon collection of your order. Any import taxes and local VAT or sales tax will depend on the value of your order.

Payment

The payment methods We accept are those indicated on the Website. We give You the choice to pay by Debit Card, Credit Card, Bitcoin, or with Your PayPal account if You have one.

For cloud subscription services, the Service is billed in advance on a monthly or yearly basis depending on the selected plan.
For any upgrade or downgrade, the credit card that you provided will automatically be charged with the new rate on your next billing cycle.
Downgrading your account may cause the loss of content, features, or capacity. The Service does not accept any liability for such loss.

Availability

Information on Product availability is provided at the time of placing the order.

In the event We do not have sufficient stock of Product, We will inform You by e-mail as soon as possible. You will then have the option of having the Product replaced by another of an equivalent price, within the limits of available stocks, or to cancel Your Order and receive a refund within fourteen (14) working days of Our notification of this unavailability.

Delivery of finished goods

In all cases, the sale will only be considered final after You have received confirmation of the acceptance of the order by e-mail and only after We have received payment in full.

In some cases, such as non-payment, incorrect address or other problems on Your account, We reserve the right to block Your order until the problem is resolved.

For any question regarding the follow-up of Your order, You can contact Our customer service via email at the following address contact@murena.com

The Product are delivered exclusively to all countries of the EU, Norway, and Switzerland and excluding Overseas regions (OMT/DOM), Russia, or any member of the Russian Federation, and Overseas countries and territories (OCT/TOM). We aim to deliver the Product within the indicative timescales shown on Our Site. However, time is not of the essence for delivery or performance and all delivery dates specified on Our Site and in any correspondence are estimates only. Product and Purchases are delivered by Our carrier, UPS, according to logistical constraints and in accordance with the delivery conditions available on the Site.

We cannot deliver to PO boxes. You must provide a valid address for delivery and indicate any specifics to access Your address (lift, access code…).

In the event that the address for delivery is inaccessible, We reserve the right to terminate the Contract or return the Product to You at Your expense to a new address.

Ownership of the Product will only pass to You upon delivery of the Product, directly or by a third party designated by You. Before accepting delivery of the Product, it is Your responsibility to check the condition of the Product delivered and, in the event of damage or missing items, to express reservations on the delivery note, possibly to refuse the Product, and to notify Us simultaneously.

Any claim must be made within a maximum of three (3) working days from the date of taking possession of the Product. After this period, You will be deemed to have received and accepted the Product and any Purchases without reservation.

Returns and cancellation notice

As from the delivery of the Product and any Purchases, You have a legal right to cancel the Contract (subject to certain exceptions set out below) without giving any reason within 14 days of the day after You receive the Product. This is the “Cancellation Period”. When this period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next working day.

If You wish to cancel the Contract within the “Cancellation Period”, You must give Us notice before the end of the aforementioned period, and before returning any Product by filling the withdrawal form and send it to our attention.

CANCELLATION FORM

(Please complete and return this form only if you wish to retract from the contract).

To the attention of MURENA RETAIL SAS, :

I/we (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the sale of the product below:

Ordered on (*)/received on (*):

Order number :

Invoice number :

Product(s):

IMEI number of the phone if relevant:

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date :

Please fill the cancellation form and send it by e-mail to the address aftersales@murena.com

You should keep evidence of having given notice of cancellation, such as an e-mail receipt. You must then return the Product delivered to Us at Your expense by recorded delivery or courier.

The Product must be returned with the original packaging and with all their accessories and documentation, no later than 8 (eight) days of notifying Us that You wish to cancel.

Products purchased from Europe, UK and Switzerland should be returned to the following address: MURENA RETAIL SAS, c/o Espri Digital, 14 rue du Sergent Escoffier, 61200 Argentan, France.

If the Product is not returned in the required condition, You will be required to refund the damaged Product at their replacement value.

If the Product is returned on time and in accordance with the required condition, We will refund all sums paid upon conclusion of the Contract, within 14 (fourteen) days from the date of return of the Product, using the same means of payment as You used for the original transaction, unless otherwise agreed.

Cancellation and termination – Cloud Services

You can cancel your plan at any moment with an email request to helpdesk@murena.com. If you cancel your plan before the end of your current paid up month, the cancellation will take effect immediately and you will not be charged again. If you cancel your plan before the renewal date, the remaining balance will not be refunded.

Methods of returning smartphones

Smartphones have a “Screen Lock” option within the OS. If this “Screen Lock” function is activated, the Product cannot be replaced or refunded. To check if this option is still enabled and to disable it, You can go to “Settings” > “Security” > “Screen Lock” and select “None”.

If during the Expertise We discover that the Product has the said option activated, the Product will automatically be returned to You without You being able to claim any compensation in this respect.

In order to track the return of the Product, You must attach a copy of the cancellation form or a copy of our acknowledgement, together with the Product.

It is Your obligation to remove Your SIM card from the Product before returning it to us.

Otherwise the SIM card will not be recoverable and will be destroyed by Us or Our subcontractors for security reasons. In the event that the SIM card is used during transport, You expressly acknowledge and agree that we cannot be held liable.

Please return Your Product with a copy of the invoice.

Guarantees – Smartphones

Legal guarantees

As a consumer, You benefit from the legal guarantee of conformity on Purchases under the conditions of Articles L. 217-4 et seq. of the French Consumer Code and the guarantee of hidden defects under the conditions provided for in Articles 1641 et seq. of the Civil Code. These legal guarantees can be exercised with Us by email or by registered mail with acknowledgement of receipt. However, these legal warranties do not apply if the Purchases comply with the specifications of the Contract but prove to be unsuitable for Your needs due to a poor assessment on Your part when making the Purchases.

When You act as a legal guarantee of conformity:

– You have a period of 2 years from the delivery of the property to act,

– You can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code,

– You are exempted from providing proof of the existence of the lack of conformity of the good during the twenty-four (24) months following its delivery (only in the case of new equipment).

After acknowledging receipt of Your request, You must return the defective Product by post within 8 (eight) business days. If it is not possible to repair and replace the defective Product, We will offer You either to refund the entire purchase price or to return the defective Product to You and refund half of their purchase price. You may decide to implement the guarantee against hidden defects within the meaning of Article 1641 of the Civil Code. In this case, You can choose between cancelling the Order or reducing the sale price in accordance with Article 1644 of the Civil Code. No other warranty of any kind is granted beyond the warranties provided for in this article.

Warranty exclusions

We remind You that the Product have the “Screen Lock” option. If You have activated the “Screen Lock” function, the Product cannot be replaced or refunded. To check if this option is still enabled and to disable it, You must go to “Settings” > “Security” > “Screen Lock” and select “None”.

If during the Expertise We discover that the Product has the said option activated, the Product will automatically be returned to You without You being able to claim any compensation in this respect.

Any warranty is excluded in the event of:

– Damage due to an accident, to a different use from that planned in the technical documentation available on the manufacturer’s website of the Product, malfunctions following an attempt to unlock or Your own poor maintenance of the Product (as examples without limitation: fouling, oxidation, corrosion, rust …);

– Damage occurring during installation or opening of the Product;

– Damage whose cause is external to the Product: improper installation on Your part, negligence on Your part, fire, water damage, etc. and generally all damage caused to the external parts of the Product and whose damage does not affect its proper functioning;

– In the event of scratches, scratches, scrapes, scratches before and/or after the sale insofar as We sell second-hand Products;

– In the event of modification or repair of the Product by You and in the event of repair of the Product by an organization not approved by the manufacturer of the Product;

– Updating the operating system not recommended or not recommended by the manufacturer and which may permanently damage the Product;

Liability of the Company

The Products that We market via the Website comply with current French legislation and the standards applicable in France.

You expressly acknowledge and agree that We cannot be held liable under any circumstances in case You return your smartphone and forget to remove your SIM card from the Product.

Regarding our paid cloud subscription services, You expressly understand and agree that the Service shall not be liable for any damages resulting from the use or the inability to use the service, unauthorized access to or alteration of your transmissions or data or statements or conduct of any third party on the service.

Personal data

We collect and process only the personal data necessary for the conclusion and processing of the sales contract, i.e. Your details (surname, first name, addresses, telephone number), Your bank details and information related to the performance of the Contract (complaints, unpaid…).

We process Your personal data in order to create a customer account, record and process the order, deliver the products, communicate the invoices, process Your requests.

Your personal data is stored in data centres located in France and is kept for the duration necessary to achieve the purposes mentioned above and may not be communicated to third parties. You can contact Us by email at store@murena.com in order to exercise Your rights to access, rectify, delete or transfer Your personal data, and to limit or oppose their processing. For further details, We invite You to consult Our privacy policy available on the Site

We do not hold Your credit card, bank account or PayPal account information. Only the bank service provider has the details of Your credit card(s) if You have paid by this means. These details are kept by the banking service provider, in the event of a dispute over a transaction, in intermediate archives for a period of 5 years.

Applicable law, mediation and competent jurisdiction

These general terms and conditions of sale shall be governed by French law. We offer You to settle all disputes concerning the validity, interpretation, execution, termination and consequences and follow-up of the Contract through an internal mediation procedure.

Failing this, if You do not wish to follow a mediation procedure or if the mediation is not successful, the dispute will be submitted to the exclusive jurisdiction of the competent French courts.

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MURENA RETAIL SAS, whose registered office is located 31 Avenue de Ségur, Paris (75007), France, registered in the Caen Trade and Companies Register under number 883 789 398

Date: May 20th 2022