1. BACKGROUND
1.1
These general terms and conditions (the “General Conditions”) apply when you as a consumer (the “Customer”) place an order via http://www.muraayo.com and related pages, (the “Website”). The agreement is concluded between you and Muraayo, company reg. no. 3236395-7 (Postal address: Muraayo, Tuirantie 9 A 12, 90500 Oulu, Finland). Detailed contact information and other information about Muraayo are set forth on the Website. The General Conditions are only applicable for Customers that are consumers. Products sold on this site are originated from Turkey, Portugal and the United States of America.
1.2
The Customer must be minimum 18 years old to order via the Website. Muraayo does not, in accordance with law, accept any credit purchases to persons below 18 years of age. Muraayo reserves the right to deny or change a Customer’s order (e.g. if the Customer has provided incorrect personal data and/or has any record for non-payment of debt).
1.3
Muraayo shall have no liability in case products are sold out, nor for image or typographical errors on the Website, e.g. errors in the product description or technical specification, inaccurate prices and price adjustments (such as changed prices from suppliers, change in currencies) or incorrect information with regards to whether a product is in stock. Muraayo is entitled to rectify any such errors and, at any time, to change or update the information. If an inaccurate price has been stated for a product ordered by the Customer, Muraayo will naturally notify the Customer accordingly and await the Customer’s approval of the amended price prior to Muraayo continuing with the order process. All images on the Website shall be considered solely as illustrations. Such illustrations do not guarantee to reproduce the amount of products the Customer will receive or the exact appearance, function or origin of the product. Muraayo is not responsible for any information by third parties provided for on the Website.
1.4
The Website and all its content is owned by Muraayo or its licensors. The information is protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information about products, services and other content may not be copied or used without the prior written consent of Muraayo.
2. CONTRACTS AND ORDERS
2.1
In order to place an order through the Website, the Customer must accept the General Conditions. By accepting the General Conditions, the Customer undertakes to comply with the General Conditions in its entirety and acknowledges that he/she has read the information on personal data and cookies and consents to the use according to Muraayo’s Privacy Policy set forth here.
The order will be delivered after the contents of the shopping cart have been paid in the e-commerce checkout function. When you finalize the order, you accept these delivery terms & fees, as well as the product prices. If you provide an email address during the order, you will also receive a confirmation email, showing once more the purchase details mentioned above.
2.2
A purchase agreement is concluded when Muraayo has confirmed the Customer’s order and the Customer has received an order confirmation from Muraayo via e-mail. Muraayo encourages the Customer to save the order confirmation for any future contacts with Muraayo’s customer service regarding the order. The Customer is entitled to cancel its order up until it has been confirmed by Muraayo. If the order is cancelled, Muraayo will refund any payments the Customer or its pay- or credit card company has made with regard to the order.
The purchase happens between a customer and an online merchant. It is the merchant’s
responsibility to fulfill all obligations of the purchase.
3. CUSTOMER DATA ETC.
3.1
When you visit http://www.muraayo.com and conduct a purchase, Muraayo processes your personal data in order to provide the best site possible for you and to complete the purchase agreement. You confirm that the information you entered is accurate and complete and that any inaccurate or incomplete information is your responsibility. Information regarding Muraayo’s processing of personal data can be found in Muraayo’s Privacy Policy.
3.2
The Customer undertakes to ensure that no one, except the Customer, uses the Customer’s log-in details. The Customer may not disclose its username or password to any person and shall ensure that any documentation with information about username and password is kept in such a way that unauthorized persons may not access the information. The Customer shall notify Muraayo without delay if it may be suspected that any unauthorized person has obtained access to the Customer’s password. The Customer is responsible for all purchases made with the Customers log-in details if the Customer has not provided such notification.
3.3
If Muraayo suspects that the Customer abuses its user account or its log-in details or otherwise violates the General Conditions, Muraayo is entitled to block the Customer’s access to its user account. Muraayo is furthermore entitled to assign new log-in details to the Customer.
4. PRICES, FEES AND PAYMENT
4.1
The prices stated on the Website apply to orders placed on the Website. All prices are presented in EUR and include VAT. The prices do not include payment- and shipping fees, which are given separately.
4.2
The Customer can pay for its purchase in the manner specified on the Website. Muraayo is entitled to charge the Customer already in connection with the order, unless invoicing or any similar payment method has been selected by the Customer and approved by Muraayo. Upon invoicing or partial payment, Muraayo its partners may obtain a third party credit report. In such a case you will be informed accordingly. Muraayo reserves the right not to offer all payment methods at all times, alternatively change payment method if the payment method the Customer has selected does not work, for whichever reasons, at the time of fulfillment of the order. Please note that limitations of available payment methods are set forth on the Website.
4.3
Paytrail Plc acts as a collecting payment service provider and is an authorized Payment Institution. Paytrail Plc will be shown as the recipient on your bank or credit card statement. Paytrail Plc will forward the payment to the merchant. For reclamations, please contact Murraayo. All products and services sold online include VAT 24%.
Paytrail Plc
Innova 2
Lutakonaukio 7
40100 Jyväskylä
Business ID 2122839-7
5. SPECIAL OFFERS
Muraayo may from time to time provide special offers on the Website which may have more favourable conditions than those set forth in these General Conditions, e.g. with regard to payment or extended right of withdrawal. Such conditions will apply for the duration of the special offer and for the specific products set forth by Muraayo in connection therewith. Muraayo reserves the right, at any time, to withdraw such special offers. Upon termination or withdrawal of a special offer, these General Conditions shall apply without any amendments. Any offers on specific products on the Website are valid only for a limited period of time and until products are sold out.
6. DELIVERY AND SHIPPING
6.1
Products in stock are normally delivered in 1-3 working days (in Finland).
Transportation is handled by the Matkahuolto. Delivery time is calculated from the time the order is placed.
Unless otherwise agreed (e.g. in connection with reservation of products not in stock), delivery will be made no later than 30 working days after Muraayo has confirmed the order in writing through the order confirmation.
6.2
The expected delivery time is set forth in the order confirmation, at the checkout and/or on the current product page on the Website. Unless otherwise expressly agreed and if a delivery is delayed for more than 30 working days and it is not due to you as Customer, you are entitled to cancel the purchase.
6.3
If any package shall be picked up at a specific delivery point, the Customer shall do so within the time specified in the notification. Packages shall normally be retrieved personally with valid identification and order number. The Customer will receive a notification of delivery stating when and where the package shall be picked-up or received. The notification may be made by e-mail, ordinary mail and if the Customer has provided a mobile number, also by phone or SMS. Muraayo is entitled to charge the Customer a fee of 19,95€ if the package is not retrieved.
7. RIGHT OF WITHDRAWAL
7.1
You always have a 14-day right of withdrawal under applicable consumer protection law. This means that you, as a customer, have the right to cancel your order by notifying Muraayo within 14 days of you or your agent receiving the ordered products (cancellation period). The most convenient way to notify you of an order cancellation is to fill out the return form that came with your order and send it back to Muraayo with the products. The product must be returned no later than 14 days after you have given notice of cancellation to muraayo. The product must be returned well packaged, in its original condition and in its original packaging.
7.2
The right of withdrawal does not apply to the following kind of products:
(a)
products made to the Customer’s specification or which otherwise has been given a clear personalised character;
(b)
products with broken seals which may not be returned due to health protection or hygiene reasons (e.g. underwear, cosmetics, swimwear, blow dryers and similar products, razors, electrical tooth brushes, scales, electric pads and foot baths) or
(c)
audio- or image recordings (e.g. CD-records) or computer software which were unsealed after delivery
7.3
By accepting the General Conditions, the Customer acknowledges and agrees that the right of withdrawal is not valid for any digital content delivered otherwise than by a tangible medium.
7.4
In connection with ordering a product for which the right of withdrawal does not apply, the Customer will receive clear information. If a product has been sealed, the Customer may not break the seal if the Customer wishes to utilize its right of withdrawal. The right of withdrawal ceases accordingly when the Customer breaks the seal. A seal shall also include any technical seal (e.g. serial number).
7.5
If the Customer wishes to withdraw a purchase, the Customer shall, prior to the expiry of the withdrawal period, send a clear message to Muraayo. The Customer shall provide its name, address and other relevant information, e.g. order reference, invoice number and the name of the product in the message. If the Customer prefers not to use the above alternative message, the Customer may use the standard form for the right of withdrawal provided by the National Board for Consumer Policies.
7.6
If the Customer uses its right of withdrawal, the Customer shall pay for the return shipping costs and is responsible for the condition of the product after the Customer has received the product and during the return shipping. The product shall be returned within 14 days from the date when Muraayo was notified of the withdrawal. The product shall be sent well packaged, in good condition and in its original box and/or packaging. Depending on the destination, customers may be subject to additional charges in order to receive their package. Such charges include Customs & Duty charges, VAT/local taxes, etc. The aforementioned fees are the sole responsibility of the customer/buyer, even in case of forced return, i.e. prior to the parcel being delivered to the customer. If you require more information on this, please promptly contact our customer support team.
7.7
Muraayo may at time offer returns free of charge for certain products. If return free of charge is applicable, this is set forth on the applicable page for the product on the Website.
7.8
When the Customer withdraws its purchase, Muraayo will refund the amount the Customer has paid for the product, including shipping costs. Any additional shipping costs due to the Customer choosing another delivery than the standard delivery offered by Muraayo are exempted from refund. Upon return of part of an order, the shipping costs will not be refunded. Muraayo is entitled to deduct an amount from the amount to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product, if and to the extent such depreciation in value is due to Customer having handled the product to a greater extent than necessary to determine its function or characteristics.
7.9
Muraayo will pay back the amount without undue delay, however, no later than within 14 days from the date Muraayo received the Customer notification of withdrawal. However, Muraayo may delay repayment until Muraayo has received the product or the Customer has provided proof that the product has been returned, e.g. by means of certificate of delivery. Repayment will be made to the Customer by the payment method chosen by the Customer, unless otherwise agreed or if there is any objection for such a repayment.
7.10
Muraayo FAIR USE. As a customer at Muraayo, you have the right to be able to order items, to try them out and to return items that don’t fit. However, we have unfortunately noticed some disturbing behavior among certain customers who systematically order items and return nearly everything, which is bad for the environment as well as costly to handle. It may also concern suspicion of items being returned after being used, or some other form of fraud. We reserve the right to suspend a customer when we detect this type of behavior. The suspension does not have a time limit. As usual, an agreement is concluded after acceptance of the offer. A suspension is not done at random, and not based on single cases or occasions. It is based on many various factors in a customer’s behavior, such as: number of purchases, number of returns, order/return ratio, how free deliveries/returns are used/abused, late returns or claimed missing items/returns/deliveries.
8. WARRANTY AND COMPLAINTS
8.1
Some of Muraayo’s products may be subject to warranties. Information about any warranty period and special conditions for warranties for each product respectively, is set forth on the Website or in these General Conditions. Warranties for products will only cover original manufacturing defects and accordingly not any fault arising upon or after any individual changes of the product’s function and appearance, e.g. rebuilding, upgrading or other configuration of the product. The Customer’s order confirmation constitutes the certificate of warranty.
8.2
The right to file a complaint apply to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint for any product ordered shall contact Muraayo, as soon as possible after the defect was discovered, using the contact information set forth on the Website.
8.3
Muraayo will carry the cost for the return freight for any approved complaints.
8.4
Once a product, for which a complaint has been filed, is returned and the complaint approved, Muraayo will refund the Customer in compliance with applicable consumer protection legislation. Muraayo strives to do so within 30 days from receipt of the complaint by Muraayo, but it may be delayed depending on the nature of the product. Muraayo reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective. Upon complaints Muraayo complies with the guidelines provided by the National Board for Consumer Complaints or the corresponding authorities in other European countries. Upon complaints Muraayo complies with the guidelines provided by the National Board for Consumer Complaints or the corresponding authorities in other European countries.
9. LINKS
Muraayo may provide links to other websites beyond the control of Muraayo and websites beyond the control of Muraayo may provide links to the Website. Even if Muraayo attempts to ensure that Muraayo only provides links to websites which applies similar personal data- and security provisions pursuant to Muraayo’s Privacy Policy, Muraayo is not responsible for any protection or confidentiality of information or personal data which the Customer provides on other websites. The Customer should be cautious and read the personal data provisions applicable to the actual website.
10. FORCE MAJEURE
Muraayo is not liable for any delays caused by circumstances beyond Muraayo’s control, e.g. general labour dispute, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, Muraayo shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and Muraayo are entitled to terminate the purchase with immediate effect.
11. CHANGES TO THE GENERAL CONDITIONS
Muraayo reserves the right to change these General Conditions at all times. Any changes to these General Conditions will be posted on the Website. Changes will become valid once the Customer has accepted the General Conditions (in connection with a new purchase or while browsing the Website), alternatively 30 days after Muraayo has informed the Customer of the changes. However, Muraayo recommends that the Customer regularly remains updated on the Website in order to become aware of any changes to the General Conditions.
12. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law. Any provisions determined invalid or unenforceable will be substituted by relevant legal guidance and advice.
13. APPLICABLE LAW AND DISPUTE RESOLUTIONS
13.1
Any disputes shall primarily be settled by agreement after discussions with Muraayo’s customer services.
13.2
If a dispute cannot be resolved through discussion with Muraayo’s customer service, you, as the customer, can directly submit complaints online via the EU-commissions platform mediation for disputes, which can be found at the following link here. If you submit a complaint via that platform, your submission will automatically be forwarded to the correct national body responsible for resolving disputes. That body will then contact us and try to resolve the dispute without court involvement. In any dispute, Muraayo follows the decision of ARN or the respective Dispute Settlement Body.
13.3
Disputes concerning the interpretation or application of these General Terms shall be settled as determined under item 13.2, above, or ultimately by the courts.