Terms & Conditions

IF you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern MYMi relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘MYMi’ or ‘MYMibox’ ‘us’ or ‘we’ or ‘www.mymibox.com’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

SECTION 1 - DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by MYMi and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of MYMi. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, MYMi takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


SECTION 2 - COPYRIGHT NOTICE

This website and its content is copyright of MYMi - © MYMi 2014. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • you may print or download to a local hard disk extracts for your personal and non-commercial use only
  • you may copy the content to individual third parties for their personal use, but only if you clearly acknowledge the website as the source of the material

 
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.


SECTION 3 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 4 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services, Terms & Conditions and/or any page of this Website, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.


SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Any commercial resale or distribution of MYMi products sold on the Website is strictly prohibited.


SECTION 7 - RESERVATION OF PERFORMANCE FOR UNDELIVERABLE GOODS

If the goods ordered cannot be delivered within 30 days following the day after your order, we may withdraw from the contract, even if we previously confirmed that we were entering into it. If we withdraw, you will be informed that the goods are not available and you will be reimbursed immediately for the consideration you have already provided.


SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per company, person, household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.


SECTION 9 - PRIVACY POLICY

This privacy policy sets out how MYMi uses and protects any information that you give us when you use this website.

MYMi is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1
st May 2015.

What we collect:

We may collect the following information:

  • name and job title
  • contact information including email address
  • demographic information such as postcode, preferences and interests
  • other information relevant to customer surveys and/or offers


What we do with the information we gather:

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes.
  • You agree expressively that we may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

 
Security:

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies:

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
 

Google Analytics:

This Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB.

Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html or at http://www.google.com/intl/en_uk/analytics/privacyoverview.html.

We also use Google Analytics to analyze data from AdWords for statistical purposes. You can disable this via the Ads Preferences Manager (http://www.google.com/settings/ads/onweb/?hl=de).

Links to other websites:

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information:

You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@mymibox.com


We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

In general, the third-party providers used by us, for example our shipping companies and or curriers, will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

For more detail, please review our third-party services section.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.


SECTION 9 - SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

For more insight, you may also want to read Shopify’s Terms of Service or Privacy Statement here - http://www.shopify.com/


SECTION 10 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.


SECTION 11 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.


SECTION 12 - TERMS OF SALE

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be MYMi or may in some cases be a third party. Where a contract is made with a third party MYMi is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

Our Contract:

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

Pricing and Availability:

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If we cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

Orders and Prices:

Our prices are all displayed in EUR inclusive of VAT.

All recipients outside of the EU, including residents of the Canary, Balearic and Channel Islands, US or Japan and all other countries not mentioned above are responsible for any local import duties, customs and brokerage fees, or taxes that may be charged. Usually these charges are paid for by the carrier (e.g. UPS or DHL) on import of the shipment and then are invoiced to the recipient on or after delivery of the shipment. MYMi will not be able to offer compensation or refunds for orders that are not deliverable because customs fees are not being paid for by the recipient.

Availability information for the products in our shop are listed on each item's detail page. As we process your order, we will inform you by e-mail if any items you order turn out to be unavailable or if their delivery will be delayed due to any reasons.

Payment:

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service or Privacy Statement here (http://www.shopify.com/).

We are a licensed corporation and a verified PayPal account holder.

We would like to point out that for foreign payments using credit cards, a foreign transaction fee (about 1-2%) may be charged by the institution that issued your credit card.

An invoice will also be sent with your package.

Shipping:

Unless stated otherwise, all goods are in stock and all orders are dispatched as soon they have been processed. Standard delivery times vary usually between 1-14 working days, depending on the destination country.

Dispatch times may vary, as shown above, according to availability and subject to any delays resulting from postal delays or force majeure for which we shall not be responsible.

Should your shipment arrive at your delivery address damaged, please do not accept the shipment, or have the courier confirm the damage. Since courier services will not accept damage complaints that are filed at a later date, we will not be able to offer compensation or exchange in such cases.


Shipping Rates:


MYMi applies free shipping and flat fee options in order to simplify shipping costs, unless stated otherwise hereunder or as a specific temporary offer elsewhere. All shipping costs are, inclusive of VAT, as follows:

  • FREE SHIPPING to EUROPEAN COUNTRIES as follows:
    Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherland Poland, Portugal, Republic, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom

  • EUR 20,- shipping fee for the following countries:
    Norway, Switzerland, Liechtenstein

  • EUR 50,- shipping fee for the following countries:
    USA, Canada, China & Hong Kong, Mexico, India, New Zealand, Australia

  • For all other countries, MYMi is unable to deliver automatically:
    Please contact us at info@mymibox.com and we will find the best solution for your order.


IMPORT DUTIES
: All recipients outside of the EU are solely responsible for all local import duties, customs and brokerage fees, or taxes that may be charged. Usually these charges are paid for by the carrier (e.g. UPS or DHL) on import of the shipment and are then invoiced to the recipient on or after delivery of the shipment. MYMi will not be able to offer compensation or refunds for orders that are not deliverable because customs fees have not being paid for by the recipient. For further information, please contact your responsible customs office.

MYMi reserves the right to adjust delivery costs at any time.


SECTION 14 - LIABILITY

Products & Services are provided “as is” with no liability, to the extent as permitted by law; e.g. under no circumstances will MYMi be liable for loss and damages, neither direct nor indirect, consequential loss or damages, business interruption. Without limiting the foregoing, MYMI´s liability arising with respect to an order will not exceed the total fees paid or payable related to a specific order. Depending on the country in which you reside, there are certain legally binding warranties and liabilities (e.g. product liability), which – without limiting the foregoing – are to be fulfilled by MYMi.


SECTION 15 – REFUND AND RETURNS POLICY

We want you happy; therefore we have a simple problem solving approach. If you have any questions feel free to contact us.

Please note that delivered items may only be used for checking, as you would try them on in a shop. If you make use of your right of withdrawal and would like to cancel the purchase agreement, returns have to be in an unworn, unused, and undamaged condition together with all the original MYMi packaging and tags.


Right of withdrawal:


You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (MYMi Gmbh; Schottenbastei 4/7, 1010 Vienna (Austria) – info@mymibox.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. (
download withdrawal form)

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exchanges:

If you receive an incorrect item (i.e. an item differing from the item in your order confirmation email) please contact our customer service. We will provide a replacement with the correct item and assume all return shipping costs.

Please note that products purchased from the Online Shop may not be returned to local MYMi retailers.

For enquiries send us an email at info@mymibox.com

Returns:

Our policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it and it must also be in the original packaging.
To complete your return, we require a receipt or proof of purchase.

There are certain situations where only partial refunds are granted:
Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
Any item that is returned more than 14 days after delivery.

Non-Returnable Items:

Gift Cards

Refunds:

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds:

If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at info@mymibox.com

Sale Items:

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Gifts:

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Return Shipping Address:

To return your product, you should mail your product to:

MYMi Gmbh
Schottenbastei 4/7
1010 Vienna
(Austria).

You will be responsible for paying for your own shipping costs for returning your item.
If you are shipping an item over EUR 50, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.


SECTION 16 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.


SECTION 17 - CONSEQUENCES OF VIOLATION OF ANY OF THE TERMS AND CONDITIONS

If MYMi becomes aware that you have violated any of the terms and conditions contained in this legal statement, the company may immediately take corrective action. Such measures include preventing the user from using the services offered by MYMi and immediately removing without notice any information, data, and content put on the website by the user. If MYMi has been injured by your violation, the company may, in its sole discretion, seek to recover damages.


SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless MYMi and our parent, subsidiaries, affiliates, partners, officers, directors, agents, consultants, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) or demand, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 19 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 20 – INVALIDITY / SEVERABILITY

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.


SECTION 21 - COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.


SECTION 22 - WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.


SECTION 23 - INTELLECTUAL PROPERTY RIGHTS

Most elements of this website, including text, logos, designs and photographs, are protected by international copyright laws. They should not be reproduced or used without express permission from MYMi or their respective authors.

Your use/misuse of the trademarks displayed on this website or of any other content on this website, except as provided for in these Terms and Conditions, is strictly prohibited. You are also advised that MYMi GmbH will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution, for serious offences.


SECTION 24 - GOVERNING LAW & COURT OF JURISDICTION

Applicable Law: Austrian Law. Court of Jurisdiction: Vienna, Austria.

Contracts entered into under these General Terms and Conditions are subject to Austrian law to the exclusion of any referrals to foreign law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. This choice of law only applies to the extent that there are no pre-emptive provisions of the law of the state in which the consumer has his usual residence prohibiting it. Vienna is the exclusive venue for all disputes that may arise from or in connection with these General Terms and Conditions. MYMi GmbH is also authorized to sue at the customer's location.


SECTION 25 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


SECTION 26 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


The MYMi website is operated by:

MYMi Gmbh, Schottenbastei 4/7 , 1010 Vienna , Austria. Registered in Austria FN404287s.
We recommend you print out a copy of these terms and conditions for future reference.
If you have any questions regarding the MYMi website, please contact us under info@mymibox.com

 

(V.052015)