TERMS OF SERVICE

Dear valued customer,

Thank you for visiting our websites https://enence.com/, https://enencetranslator.com, https://getenence.com, https://translatorenence.com, https://getmuama.com, https://enencetranslate.com, https://getenencetranslator.com, https://getmuamatranslator.com and/or https://muama.com/ (hereinafter – “Website”). It is very important that you would take your time to get acquainted with these Terms of Service (hereinafter – “Terms”), as whenever you buy anything on the Website these Terms shall become legally binding and will act as an agreement between you (hereinafter – “User”, “You” or “Customer”) and us.

If you are not acquainted with, do not agree, do not understand, or are not in par with the provisions of these Terms, please do not buy anything on the Website. You will be requested to confirm that you agree with these Terms whenever you will purchase on the Website – we urge you to be responsible and only proceed with your purchase if you have read and understood the provisions of these Terms.

1. WHO WE ARE

1.1. MUAMA Enence (hereinafter referred to as the “Seller”, “We”, “Us”, “Our”) is a brand name used and operated by a business entity UAB “Ekomlita”, which is a limited liability company incorporated under the laws of Lithuania (company reg. No. 305049890) with a registered office address at Gedimino g. 45-7, Kaunas, Lithuania. Whenever you will be buying anything on the Website you will be entering into a contractual relationship with Us and this contractual relationship shall be bound and determined by these Terms and applicable laws.

1.2. Please be noted that all purchases that You will make on the Website will be sent to You from one of our fulfillment centers, which address will not match our office address. If you want to return a product – please do not send it to our office address as we will not be able to accept it. All returns should be sent to our fulfillment center – for more detailed information about returns please see Our Return Policy.

2. WHAT WE SELL

2.1. Our Website is dedicated to selling various consumer electronic goods (hereinafter – “Goods”).

2.2. All our Goods are designed and manufactured in accordance with all EU requirements, applicable to electronic devices, and all Goods are bearing “CE” marking confirming compliance with the applicable laws.

2.3. Please be noted that the Goods sold on the Website are not toys and are not designed or intended to be used by children. Please do not give the Goods you purchase on our Websites to minors without Your attendance.

2.4. Currently We are selling the following Goods featuring properties indicated below. Please make sure that you have carefully read the descriptions of the main properties of the Goods that you wish to acquire from Us:

MUAMA Enence - instant translator

2.5. MUAMA Enence instant translator (hereinafter – “Enence”) is an electronic device designed to be used as a real-time voice translator which could translate words and sentences that a user would articulate and express audibly to the device and the device would translate the articulated words and sentences into another language of the User’s preference.

2.6. To use all functionalities of an Enence device you will be required to download and install an app to your smartphone or other devices that have Bluetooth and Internet connectivity. Connecting the Enence to another smart device will be necessary because the Enence needs an internet connection to deliver instant, real-time translations, and an internet connection must be fed from another device such as a smartphone or tablet.

2.7. Please be noted that using Enence will require an internet connection. Thus you might incur additional fees from your broadband service provider due to the use of the internet.

2.8. Enence is an electronic device containing a lithium battery, so it will require charging from time to time. Enence battery life will be dependable on the intensity of the use of the device. Together with the Enence device, you will receive a USB cable for charging the device. Please be noted that the use of other, than the one provided with Enence, charging cables might result in a battery failure or decreased battery life.

Other MUAMA products

2.9. You can also buy Accessories for Enence product on our Website, such as:

  1. Universal charger travel adapter;
  2. Travel accessories organizer;
  3. Micro USB charging cables;
  4. LingoGet language learning app.

2.10. All of the above-described accessories sold on the Website are compatible with Enence devices. Please be noted that the use of other accessories that you purchase from other vendors may not be compatible with Enence devices, thus we can’t guarantee that your purchased Goods will not be damaged if you use accessories that You buy from other vendors.

3. WHO DO WE SELL TO

3.1. Please be noted that our Goods are not designed for industrial or commercial use, thus we sell our products to be used for personal use only. No warranties will be effective for any of our Goods if they were used for industrial or commercial purposes.

3.2. We reserve the right to cancel your purchase and reject any payments that you make on the Website if we have reasonable ground to believe that: \ \ (a) You are buying our Goods for industrial or commercial use (including reselling or renting); \ (b) You are younger than 13 years of age and purchasing from the United States of America, Canada, and other countries; \ (c) You are younger than 16 years of age and purchasing from any country of the European Union; \ (d) You have not read these Terms.

3.3. By agreeing to these Terms and making a purchase on Our Website you confirm to Us, that: \ \ (a) You are above the legal age applicable in your country for entering into any distance purchase agreements; \ (b) Your provided contact, billing, and shipping information is true and correct; \ (c) You are paying for the product with the credit card that belongs to you or the owner of the credit card has authorized you to use the card and such authorizations were issued in a form which is required in your place of residence; \ (d) You are purchasing the products for personal use only.

4. DELIVERY AND RETURNS

4.1. Once you have placed your order on the Website and made the payment, we will process your order within 1-3 business days. After your order is processed you should receive the shipment within 30 calendar days.

4.2. Please be noted that:

(a) the shipping terms may be affected by customs, natural occurrences, transfers to the local carrier in your country, or air and ground transportation strikes or delays. We will not be responsible for delays if the shipment will be delayed due to the aforementioned reasons.

(b) once Your order has been processed we will not be able to accept any changes to Your order. If You have changed your mind regarding the purchase after your purchase is processed, you can return your goods and get a refund in accordance with our returns policy below and https://muama.com/return;

4.3. All products purchased on Our Website will be delivered to You by EMS or DHL mail. After we finish processing your order we will send you a confirmation letter containing your shipment tracking number. If your order starts with the letter “S”, the order can be tracked at: https://www.stone3pl.com/index.php?route=services/track Otherwise you can track your order online anytime by visiting https://www.17track.net/ or https://muama.com/tracking.

4.4. In case your purchase does not reach you within 30 calendar days, please report to our customer support. Please be noted, that in accordance with Article 18(2) of the Directive 2011/83/EU of the European Parliament and the Council, if You do not receive your purchase within 30 days, you must contact us and inform Us about an acceptable additional period upon which we will deliver Your purchase. You shall be entitled to terminate the purchase only if We have failed to deliver your purchase within the additional time limit. Please be noted that you can not claim to not have received the purchased Goods if the rules set out in this provision are not followed.

4.5. You have the right to withdraw from this contract and return the products purchased on Our Website for whatever reason within 30 days. This withdrawal period will expire after 30 days from the day on which You acquire, or a third party indicated by You acquires, physical possession of the purchased Goods.

4.6. To exercise the right of withdrawal, You must contact our support team via [email protected] or [email protected]. After you contact our support team, you will be provided with a return code and return address – please be noted that we will only accept returning goods that will be sent with the provided return code and delivered to the provided return address.

4.7. To meet the withdrawal deadline (30 days), it is sufficient for you to send your communication concerning the returning goods before the withdrawal period expires. We won’t accept returns if you fail to meet the withdrawal deadline (30 days from receiving the purchase).

4.8. If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than within 14 days from the day on which we receive the returning Goods from you. We will make a refund by using the same means of payment as you used for the initial transaction.

4.9. If you have made your purchase from outside of the European Union or if you decide to return the product after 14 days but not later than within 30 days from receiving the goods, we will apply a restocking fee for all returned goods, which will be deducted from the total amount of the refund. The restocking fee will be equal to 15% of the total value of the returned goods.

4.10. Please be noted that we will only accept the returned Goods if it was not used, damaged, and sent back to us in the original package. If we determine that the returned products were used but still in an operable and re-sellable condition, we might still make a refund to you, but You will be liable for any diminished value of the Goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. Thus, if we found that the returned product was used, we might deduct the diminished value from the refundable amount.

4.11. Please be noted that if You want to return the Goods bought on the Website You will have to cover the shipping costs which will not be compensated by Us.

4.12. All returned Goods should be sent to the address provided to you by Our customer support. \ \ Please be noted that we will only accept returned products and make a refund for them if they will be returned to the address provided by Our customer support and will have the return merchandise authorization code placed on the returning shipment. Please do not send any returning products to our office address as we won’t be able to accept them.

4.13. For more information about delivery, returns and refunds please see our Refund and Shipping Policies (https://muama.com/return).

5. PRICING, PAYMENTS, AND CHARGES

5.1. Prices for Goods displayed on the Website might be subject to change. We reserve the right to modify or discontinue further sales of any products. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the sale of products.

5.2. All prices displayed on the Website are inclusive of international shipping costs and taxes. However, please be noted that Consumers from different countries may see product prices which would be slightly different – the prices may be affected by the Value Added Tax (“VAT”) which would or would not be applicable depending on each case.

5.3. We will never include VAT in the purchase price and will not ask you to pay the VAT if:

(a) VAT is not applicable in the country which you indicated for shipping;

and/or

(b) Your requested product will be shipped to You from our fulfillment center outside of the European Union.

5.4. Please be noted that in the case defined in Clause 5.3. (b) above, your shipment may be subject to charges by your local authorities (customs). However, you will never be double charged with VAT – we won’t ask you to pay VAT if your requested product will be sent from China.

5.5. In cases when VAT is applicable in your country and your requested product is located in our EU fulfillment center VAT shall be included in the product price displayed to you in the order form.

5.6. Please be noted that we will never apply any conversion rates or charges dependable on your chosen payment method. However, some banks apply conversion rates for outgoing payments and international transfers – thus, we are not responsible for any bank fees or conversion rates that your bank would apply for any payment made to Us. If you notice any differences between the product prices on Our Website or purchase receipt and Your bank account statement, please refer to your bank for a detailed explanation of the additional charges.

5.7. We accept payments by credit card and PayPal only. We will not accept any checks, cash, or other means for payment, except for cases when you opt for the “Cash on Delivery” payment method which is available in some countries.

6. PRODUCT WARRANTY

6.1. All of our Goods sold on the Website are provided with a standard 2 (two) year warranty which is included in the price displayed to you when making the order on the Website. You can also purchase an extended warranty for some products for an additional charge. Buying an additional warranty will provide you the same benefits as a regular warranty for an extended period.

6.2. The warranty will cover any defects presumed to have existed at the time of delivery and which become apparent within a period of the warranty term. If during the warranty period any defects would occur we will provide You with one of the following remedies free of any charge:

(a) We will repair the product if repair is possible;

or

(b) We will change your purchased product to a new product if repair is impossible. Please be noted, that your product might be changed to a newer model, of not less value, of the same product, if the model that you have purchased would no longer be in production.

6.3. Please be noted that the warranty shall not apply if the defect could not be qualified as a factory defect, thus we will not change or repair your product for free if the defect was determined by external factors such as inappropriate use or physical damage.

6.4. All products for warranty should be sent to Our returns delivery address, provided in Section 4.5. of these Terms.

7. DISCLAIMERS

7.1. THE PRODUCTS GOODS SOLD ON OUR WEBSITE ARE DESIGNED FOR PERSONAL USE ONLY. WE DO NOT CLAIM THAT ANY OF OUR PRODUCTS WILL BE SUITABLE FOR INDUSTRIAL OR COMMERCIAL USE.

7.2. WE DO NOT TAKE ANY RESPONSIBILITY FOR THE ACCURACY OF THE TRANSLATIONS MADE BY ENENCE AND/OR LINGOGET PRODUCTS, AS THE QUALITY OF TRANSLATIONS ARE HIGHLY DEPENDABLE ON YOUR DIALECT, VERBAL SKILLS, ACCENT. TRANSLATIONS MIGHT BE AFFECTED BY SURROUNDING SOUNDS AND NOISES. YOU SHOULD NEVER RELY ON THE TRANSLATIONS PROVIDED BY OUR PRODUCTS IN MAKING ANY DECISIONS.

7.3. WE DO NOT TAKE ANY RESPONSIBILITY FOR ANY DISRUPTIONS IN THE BROADBAND CONNECTION THAT ARE NOT DEPENDABLE FROM US.

7.4. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS CONTENTS WILL BE ACCESSIBLE AT ALL TIMES, UNINTERRUPTED OR ERROR-FREE.

7.5. We made every effort to display as accurately as possible the colors and images of all products sold on the Website. However, We cannot guarantee that your computer monitor’s display of any color will be accurate as well as that any displayment of any product on the Website will accurately reflect the actual properties of the product that You can purchase on the Website.

7.6. We do not warrant that the Website will be uninterrupted or error-free. We will not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, performing, completion, or settlement of transactions.

8. lIMITATION OF LIABILITY

8.1. UNDER NO CIRCUMSTANCES SHALL WE, OUR SUBSIDIARY COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY PRODUCTS PURCHASED FROM US. \ \ AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY APPLY TO YOU IN LESSER EXTENT. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.

9. PERSONAL DATA PROTECTION

9.1. We take necessary precautions and follow industry best practices as well as all requirements set by applicable laws to protect Your personal information from being inappropriately lost, misused, accessed, disclosed, altered, or destroyed.

9.2. The Provider ensures that all personal data shall be collected and processed in accordance with all applicable laws. To find out more about how we use and process personal data please read our Privacy Policy.

10. INTELLECTUAL PROPERTY

10.1. All Intellectual Property displayed on the Website or provided to You in any other form is protected by law. You may not copy, repurpose or distribute any Intellectual Property or any other content received from Us or found on the Website, including images, trademarks, video materials, or any other content for any purpose, without our express written permission.

11. GOVERNING LAW AND DISPUTES

11.1. These Terms have been construed in accordance with EU laws regulating consumer rights. These Terms and entire legal relation between you and us shall be subject to the law of the Republic of Lithuania, except in cases if the consumer relations regulating laws would set a specific applicable law or jurisdiction.

11.2. If You would have any complaints please contact our support team before making an official complaint to any authority or third party. You may contact Us at any time by sending an email to our support team: [email protected]. We will always put our best efforts to settle any complaints as fast as possible and in a way that would be most favorable to You.

12. MISCELLANEOUS

12.1. If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.

12.2. You can review the most current version of the terms of service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these terms of service by posting updates and changes to our website.

2.3. These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement between You and Us.

13. CONTACT INFORMATION

13.1. You can contact us by the following details:

Email - [email protected]

Phone - +43 7200 22712