Maven | Terms of Sale
IMPORTANT: You must read and agree to these terms of sale BEFORE opening or using any Maven device. If you do not agree to all these terms, you forfeit the right to use the product, and you must, within thirty (30) days of your receipt:
(a) contact Maven at firstname.lastname@example.org, and
(b) arrange for the return and refund directly via the same method as you purchase it.
Maven will make its best efforts, as long as commercially reasonable, to assist you with returns and refunds. to return this product because you do not agree with these terms and conditions, bear in mind that returns will only be accepted and refunded if sent in its original packaging (see “Return Policy and limited product warranty”).
These terms of sale (“Terms”) apply to all orders accepted by Maven Pet, Inc. (“Maven”) for the sale of all products purchased on our Maven Online Store (www.maven.pet), (“Products”) except in the case that you and Maven have executed a written agreement that supersedes these Terms. To the extent the Products contain or consist of software in any form (“Software”), such Software is licensed to you, not sold, and only in accordance with the section entitled “Software License”, below. Terms such as “sell” and “purchase”, as used in these Terms, apply only to the extent the Products consist of items other than Software.
- Ordering from maven.pet
By placing an order through the Maven Online Store, you agree that: (a) any payment information supplied by you is true and complete; and (b) you will pay the applicable price listed, as well as any shipping and handling charges and applicable taxes. Products purchased by you are for personal or gift use and not for commercial use. As a condition of using Products, you must sign up for an account with Maven by downloading the Maven Mobile Application located at the Apple App Store and Google Play. You understand and acknowledge that Products may not function properly if you do not keep your Maven account current and up-to-date.
Maven can withdraw Products from the Maven Online Store at any time and for any reason. Prices listed through the Maven Online Store are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you before you place an order and you are responsible for paying such charges and taxes to Maven. You agree to indemnify and hold Maven harmless from and against any liabilities, interest, penalties or fees assessed against Maven arising from your failure to pay any such taxes. All Product prices are subject to change at any time.
Failure to pay the order within ten (10) days from the date it was placed implies the automatic cancellation of the order.
Acceptance and fulfillment
All orders are subject to acceptance by Maven. After you place an order, you will receive an email from Maven confirming that we have received it. Acceptance of your order will occur upon your receipt of another email from Maven which will contain a shipping confirmation, tracking number, and carrier information. If an order is on backorder, we will send you an email indicating that this is the case, followed by another email when the items in question are in stock which will contain a shipping confirmation, tracking number and carrier information. Maven reserves the right not to accept your order for any reason or no reason. Maven reserves the right to restrict multiple quantities of a Product being shipped to any one customer or postal address.
Purchases made through the Maven Online Store are intended for end users only and are not authorized for resale.
Shipping and delivery
Maven will pack the Products in accordance with its standard practices. You can choose the method of shipment and timing of delivery for Products ordered, and you will be charged shipping and handling charges accordingly. Title to the Products (except to the extent that the Products consist of Software) and risk of loss will pass to you upon Maven’s delivery of the Products to the carrier. You acknowledge that all scheduled shipment dates are estimates only. Maven will make reasonable efforts to meet the scheduled shipment dates, but in no event will Maven be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.
- Return policy and limited product warranty
Only products purchased from Maven or Maven authorized resellers are covered by the return policy and limited warranty. Products purchased from unauthorized resellers and used products cannot be returned to Maven and are not covered by the limited product warranty.
Maven will not accept any returns of products and will not provide any exchanges or refunds of products except in strict compliance with this return policy and limited product warranty, including the terms of no-questions-asked returns and warranty returns.
Types of returns
Returns of a Product by you to Maven may be either (a) No-Questions-Asked Returns (defined below), or (b) Warranty Returns (defined below) but cannot be both. Maven reserves the right to treat a return of a Product as either a No-Questions-Asked Return or a Warranty Return in its sole discretion based on the Product’s condition upon receipt thereof. Maven will reject any return of a Product that is not either a No-Questions-Asked Return or a Warranty Return and reserves the right to return such Product to you in its sole discretion.
You may return any Product to Maven for any reason whatsoever regardless of the Product’s condition (a “No-Questions-Asked Return”) within thirty (30) days from the date the item is received (the “No-Questions-Asked Return Period”) if all of the following occurs:
- a return authorization request is received by Maven Support Team indicating that the return is a No-Questions-Asked Return at email@example.com (for feedback, we would greatly appreciate if you could provide us the reason, although you don’t have to);
- the Product is returned to Maven with all of its original packaging unopened and with its shrinkwrap intact and using the prepaid return shipping label emailed to you;
- a Return Merchandise Authorization (RMA) is provided by email, in PDF format, which must be printed and included with the return Products;
- the Product has not been used in any way;
- Maven must receive the return items within fourteen (14) days after the RMA number has been issued. An assigned RMA number will expire on the 15th day after the date of issuance, at which time any returned Product will be refused;
- the Product is placed for shipment to Maven with an Authorized Shipper (defined below under “Shipment”); and
- such Authorized Shipper (defined below under “Shipment”) issues a tracking number for the shipment to Maven of the Product within the No-Questions-Asked Return Period.
For valid No-Questions-Asked Returns, Maven will refund the purchase price for the Product. However, Maven retains the right to refuse acceptance of any return or charge you a restocking fee of 15% of the original price or the retail value of missing part and accessories, whichever is higher, in the following cases:
- return without the shipping label and RMA provided by Maven;
- return of the Products without all parts and accessories originally included in your purchase.
Maven will not accept any Product for a No-Questions-Asked Return beyond the No-Questions-Asked Return Period or that does not otherwise comply with the above terms. Naven reserves the right to return a Product to you in its sole discretion for any No-Questions-Asked Return that does not comply with the above terms.
By your shipment of a Product to Maven for a No-Questions-Asked Return, you agree that Maven may contact you if necessary to obtain further information regarding the Product.
Maven warrants to the original purchaser that Products shall be free from defects in materials and workmanship under normal use (the “Limited Product Warranty”) for a period of one (1) year from the date of purchase, except that if you reside in the European Economic Area (EEA) and you purchased your Product in the EEA, the warranty period is two (2) years from the date of purchase (the “Warranty Period”).
If such a defect arises, all of the following must occur prior to Maven’s acceptance of a return of a defective Product for warranty service (a “Warranty Return”):
- a return authorization request is received by Maven indicating that the return is a Warranty Return;
- the defective Product is placed for shipment to Maven with an Authorized Shipper (defined below under “Shipment”); and
- such Authorized Shipper (defined below under “Shipment”) issues a tracking number for the shipment to Maven of the defective Product within the applicable Warranty Period.
For valid Warranty Returns that are not found to be subject to any exclusion or limitation (as described below), Maven will, at its option and to the extent permitted by law, either: (i) repair the Product at no charge, using new or refurbished replacement parts; (ii) replace the Product with a new or refurbished Product; or (iii) refund the purchase price for the Product. In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Product Warranty is valid only in the jurisdictions where the Products are sold by Maven itself or through any authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer, or for any additional period of time that may be required by applicable law.
By your shipment of a defective Product to Maven for a Warranty Return, you agree that Maven may contact you if necessary to obtain further information regarding the defective Product.
Refunds are processed and paid within two (2) weeks of Maven’s reception of the Product. All refunds are processed via the same payment method used to make the purchase. Shipping, processing, handling charges, and taxes are not refundable. All return’s shipping charges will be discounted from the amount refunded (up to 10% of the total order), and you assume the risk of loss and damage of the return while in transit to Maven. If you purchased Products from a third-party, such a party will provide information about eligible returns. Returns to resellers are subject to the reseller’s return policy, which may differ from Maven’s.
How to obtain warranty service
Request for Return Authorization and Proof of Authorized Purchase
To obtain warranty service, a return authorization must be requested from our customer service team. To request a return authorization, please contact us at firstname.lastname@example.org. This request must include proof that you purchased your Product from either Maven or an authorized reseller. This can be an order number or a receipt sent as a .pdf, screenshot, photo, or other human-readable format. As may be required by applicable law, Maven may require you to furnish additional proof of purchase details and/or comply with other requirements before receiving warranty service.
Return Authorization Number
If your request for return authorization is accepted, you will receive a return authorization number. The return authorization number must be included along with your returned Product when you ship it to us.
You must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Maven.
Backup of Data
It is your responsibility to back up any data, software, or other materials you may have stored or preserved in connection with the Product. It is likely that such data, software, or other materials will be lost or reformatted during warranty service, and Maven will not be responsible for any such loss.
Shipment Only From and to Certain Countries
Maven’s “Authorized Shippers” are the United States Postal Service, Fedex, DPD, DHL, or any other delivery service authorized and designated by Maven in its sole discretion from time to time.
Maven ships regularly to the following countries
If you are not located in any of the above countries, you must arrange for shipment of the Product from your home country to Maven and then from Maven back to your home country entirely at your expense. Maven will not be responsible whatsoever for any costs of inbound or outbound shipping of any Product outside of the above countries.
You are solely responsible for providing Maven with correct addresses and contact information for shipment. Maven will not provide paid shipping for any reshipment that results from incorrect addresses or contact information and any such reshipment will be at your expense.
Exclusions and limitations
Maven does not warrant that the operation of the Product will be uninterrupted or error-free. This Limited Product Warranty does not cover Software embedded in any Product (other than firmware for device components) or any related services. See the Terms of Service for details of your rights with respect to use of the Software and related services.
This Limited Product Warranty applies only to the original purchaser of the Product that was purchased from the Maven Online Store, or an authorized reseller or sales channels, and manufactured by or for Maven. This Limited Product Warranty does not apply to purchasers of any resold Product that was not purchased from an authorized reseller. Without limiting the foregoing, the Limited Product Warranty does not apply to any: (a) Maven products and services other than the Products; (b) non-Maven products, even if included or sold with a Product, including, without limitation, any counterfeit products; (c) Products that are, or Maven reasonably believes to be, stolen; or (d) consumables (such as batteries).
This Limited Product Warranty does not apply to a Product or part of a Product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Maven, nor does it apply to any cosmetic damage such as scratches, or dents. In addition, this Limited Product Warranty does not apply to damage or defects caused by: (i) use with non-Maven products; (ii) accident, abuse, misuse, mishandling, flood, fire, earthquake or other external causes; (iii) normal wear and tear or aging of the Product; or (iv) operating the Product outside the permitted or intended uses described by Maven or not in accordance with instructions provided by Maven.
No Maven reseller, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
Except to the extent prohibited by applicable law, all implied warranties (including, without limitation, warranties of merchantability and fitness for a particular purpose) shall be limited in duration to the duration of the limited product warranty. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.
National statutory rights
Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees, in its latest version. These rights are not affected by the warranties in this limited warranty.
You acknowledge that you have verified the compatibility of the Products you are purchasing with other required equipment and devices (e.g. ensuring that your mobile device and/or operating system is compatible with the Product). You are solely responsible for determining the compatibility of the Products with other equipment and devices, and you accept that lack of compatibility is not a valid claim under the Limited Product Warranty.
- Limitations on liability
In no event will Maven be liable for any punitive, exemplary, special, consequential, or incidental damages (including, without limitation, loss of revenue, use, profits, data, or goodwill) or costs of procuring substitute products, arising out of, relating to, or in connection with these terms or the purchase, sale, use, operation, or performance of the products, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), product liability or otherwise, whether or not Maven has advised of the possibility of such loss or damage. Maven and you have agreed that these limitations will survive and apply even if any limited remedy specific in these terms is found to have failed of its essential purpose, in no event will Maven’s liability to you arising out of, relating to, or in liability, exceed the actual amount paid to Maven by you for the product that gives rise to the claim.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- Software license
Maven grants to you a non-exclusive, non-transferable license to use the Software, in executable form, solely as embedded in the Products, solely for your internal, non-commercial use. You may not copy or modify the Software. You acknowledge that the Software contains trade secrets of Maven, and, in order to protect such trade secrets, you agree not to disassemble, decompile or reverse engineer the Software nor permit any third party to do so, except to the extent such restrictions are prohibited by law. Maven reserves all rights and licenses in and to the Software not expressly granted to you under this Agreement.
- Restrictions on resales
You may not purchase Products for resale unless Maven has authorized you to do so in writing and you have entered into an Authorized Reseller Agreement with Maven. If you purchase a Product that has been resold without authorization from Maven, then (a) the Limited Product Warranty will not apply to your Product, and (b) Maven reserves the right to deny account activation and support for your Product.
- Limits on quantities available for purchase
If you purchase Products directly from Maven (either from ww.maven.pet or by other means), you may not purchase more than four (4) of the same Product. Maven will limit quantities of Products purchased by purchasers associated with the same name, address, and credit card number. Maven may increase or decrease the maximum quantity of Products purchasable by you at any time without prior notice in its sole and absolute discretion.
If you purchase Products from an authorized reseller, the maximum quantity of Products that are purchasable will be determined by such authorized reseller.
- Dispute resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. It requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us.
You agree that any dispute between you and Maven arising out of or relating to these Terms, the Products, or any other Maven products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
(a) Governing Law. Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Delaware, and as applicable, those of the United States of America, without regard to its conflict of laws principles.
(b) Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against Maven, you agree to try to resolve the Dispute informally by contacting email@example.com. We will try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after your initial submission of the claim, you or Maven may bring a formal proceeding.
(c) Agreement to Arbitrate. You and Maven agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
(d) Opt-Out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
(e) Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
(f) Arbitration Fees. The AAA rules will govern payment of all arbitration fees. Maven will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(g) Exceptions to Agreement to Arbitrate. Either you or Maven may assert claims, if they qualify, in small claims court in New Castle County, Delaware or any United States county where you live or work. Either party may bring legal action before any court, tribunal, or governmental agency solely for injunctive relief to stop unauthorized use or abuse of the Maven Products or services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
(h) No Class Actions. You may only resolve Disputes with Maven on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
(i) Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Maven agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New Castle, Delaware. Both you and Maven consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
(j) Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Maven Products or services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
- General provisions
The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
You may not assign or transfer these Terms, or any order accepted by Maven hereunder, in whole or in part, by operation of law or otherwise, without Maven’s express prior written consent. Any attempt to do so, without Maven’s consent, will be null and of no effect. Maven may freely assign these Terms.
Maven will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
The failure by Maven to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms constitute the complete and exclusive agreement between Maven and you regarding its subject matter and supersedes all prior or contemporaneous quotations, agreements, communications, or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and approved by Maven. Maven reserves the right to amend these Terms without prior notice.
You will not export or re-export, directly or indirectly, the Products, or any technical information related thereto, or any direct products thereof, to any destination or person prohibited or restricted by the export control laws and regulations of the United States, without the prior authorization from the appropriate governmental authorities.
All notices required or permitted to be given under these Terms will be in writing and will be deemed given: (a) upon actual delivery, if made by personal service; (b) three (3) days after mailing, if made by U.S. certified or registered mail; and (c) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.
Additional terms may apply to certain Products. In the event there is a conflict between these Terms of Sale and any additional terms, the additional terms will control.