Website Terms of Use

Maemo ("Maemo" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service. Please read the Terms of Use carefully before placing any orders on maemofashion.com. We recommend you should keep a copy of the Terms of User for future reference.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the Terms of Use and our Privacy Policy. We reserve the right to only accept orders from those over 18.

We may modify the Terms of Use from time to time. Please read the Terms of Use and check back often. If you do not agree to any change to the Terms of use then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

Registration and account terms and conditions

To use some of the services or features made available to you on this Site you will need to register for an account. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following email address maemo@maemofashion.com. We may also change registration requirements from time to time.

To create an account, simply select SIGN IN on the navigation bar and then REGISTER NOW to fill in your details. The account password you create should be unique and kept secure, and you must notify Maemo immediately of any breach of security or unauthorised use of your account.

Should you have any issues with your account or need any help in relation to it, then please do not hesitate to contact our Customer Care team. However, please note that we can only communicate with the named account holder in relation to any questions, changes or cancellation of an account.

Forgotten password

If you have forgotten your password, change it or follow the FORGOTTEN PASSWORD instructions on the SIGN IN page. For security reasons we are unable to send your password via email.

Please refer to our Privacy Policy for information about how we use your data.

Eligibility to purchase

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the Maemo terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Maemo, whose applications are acceptable to Maemo and who have authorised Maemo to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. Maemo may restrict the quantities of an item being shipped to any one customer or address.

By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where Maemo feels necessary and to the extent permitted by applicable laws, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

Orders

To place an order, you must add items to your shopping bag, enter your billing/shipping address, select your delivery option and choose your payment method to complete your order.

All orders are subject to acceptance and availability, and items in your Shopping Bag are not reserved and may be purchased by other customers.

Maemo will store a record of your transactions for a minimum of two years.

Acceptance of your order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

On the confirmation page of your order, we will provide you with an order summary of each product, the price (including all applicable fees and taxes), and the cost of shipping.

Your order is an irrevocable offer to buy the products. Before proceeding to purchase, please check the order details and correct any possible errors. 

Unless you cancel your order, acceptance of your order and completion of the contract between you and Maemo will be completed when we email you to confirm the goods have been dispatched. English is the language used for finalising the contract. Neither our third-party payment processor nor our nominated courier has the authority to accept an order on behalf of Maemo.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms of Use.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time when the transaction or service does not comply with our business policy, or in the event where there are reports or suspicion of fraudulent or illegal activity. In these events, we will not be liable for refusing to process a transaction or unwinding or suspending any transaction after processing has begun. To the extent permitted by the applicable law, we will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site. We reserve the right not to accept orders received from users who are acting for commercial and professional purposes.

Whilst every effort is made to make sure details on our Site are accurate, we may from time to time discover an error in the pricing of products. If we discover a patent error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price, provided that the error was recognisable, and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is patently priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

Payment

Payment can be made by Visa, MasterCard, American Express, Maestro and JCB cards, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to maemofashion.com. Payment will be debited and cleared from your account upon dispatch of your order by Maemo.  You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Maemo, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Maemo user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple, and secure, Maemo uses Secure Socket Layer (SSL) technology.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

Promotion Codes

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

Content

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Maemo tries to ensure that the information on this site is accurate and complete. Maemo does not promise that Maemo's Content is accurate or error-free. Maemo does not promise that the functional aspects of the Site or Maemo's Content will be error free or that this Site, Maemo Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Maemo and we accept no responsibility for any such views expressed in any media.

No commercial use

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

Your activity

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms of Use, we may deny you access to this Site on a temporary or permanent basis.

Third party

We may include hyperlinks on this Site to other Sites or resources operated by parties other than Maemo, including advertisers. Maemo has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external Sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such Sites, including (without limitation) any advertising, products or other materials or services on or available from such Sites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external Sites or resources to the extent permitted by the applicable law.

Your rights

You have certain rights under the applicable law. These include:

That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;

Certain remedies if a product is defective. In this regard, without prejudice to the application of the mandatory consumer protection provisions, all products sold by Maemo are covered by a 1 month guarantee for lack of conformity. Please contact Customer Care within a period of 14 days from the day when you noticed the fault. In the case of lack of conformity, you may choose between a repair or a replacement of the product. If these options are not available, you are entitled to either require Maemo to make an appropriate reduction in the price or to terminate the contract; and

A right to cancel any order for a product within 14 days after the date of receipt of the product and receive a full refund even if it is not defective.

 

Force majeure

We are not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.

Compensation

At our request, you agree to compensate us fully, defend us, and hold us Maemo harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms of Use by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

Our relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Maemo as a result of the Terms of Use or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Terms of Use, and we shall not be liable for any representation, act, or omission on your part.

No waiver

If you breach the Terms of Use and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms of Use.