Unless superseded by an executed agreement, these terms and conditions of sale (the “Terms”) shall govern the sale and use of all MasterMind · Tech products and accessories (the “Products”) sold by POWER UP IN SMART IM SL (also referred to as MasterMind). These Terms shall further govern the licensing of all software products related to or incorporated into the MasterMind Products (the “Software”). If you have any questions about the enforceability of these Terms, please contact MasterMind at info@mmindtech.com. No other terms and conditions and/or agreements issued by MasterMind relate to any products other than MasterMind and are in effect for the MasterMind Products or their accessories.

 

ORDER
The Product will be purchased through the purchase option on the shop.mmindtech.com website. Alternatively, by accepting in writing (including email) a price quote or pro forma invoice from MasterMind, constitutes a binding agreement to purchase and deliver the Products described in the Purchase Order.

 

PAYMENTS
Payment for the Product must be made by bank transfer, Pay Pal or credit card payment. No other payments apply. Failure to pay for the Product, at MasterMind’s sole discretion, will be grounds for suspension or cancellation of the applicable Purchase Order. Payment questions may be directed to info@mmindtech.com. MasterMind customers will be responsible for paying the transportation cost associated with the shipment of MasterMind Products from MasterMind’s facilities to the customer’s site of choice, including all carrier costs and any applicable export or customs duties. MasterMind will include the transportation cost on the invoice to the customer. MasterMind is not responsible for Customer’s local taxes, customs duties, tariffs or levies of any kind.

 

CANCELLATIONS
MasterMind shall have the right to cancel any Purchase Order submitted pursuant to these Terms for any reason by sending written notice to the applicable customer. In the event of a cancellation by MasterMind, MasterMind’s sole liability shall be to refund Customer’s payment no later than 30 days after transmitting its notice of cancellation.

 

SOFTWARE LICENSE
MasterMind grants its customers a non-exclusive, non-transferable license to use the Software embedded in or associated with its Products solely for the purpose of operating and administering the Products. MasterMind customers are prohibited from selling the Software or sharing the Software with competitors of MasterMind or any other third party. In addition, MasterMind customers are prohibited from copying, modifying or altering the Software. Each customer is cautioned that the Software associated with MasterMind Products may contain protected trade secrets, which the customer may not disclose. Customer shall not disassemble, decompile or reverse engineer the Software or permit any third party to do so. MasterMind reserves all rights in the Software not expressly granted to Customer by this limited license.

 

INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or related to the Products, including but not limited to patents, trade secrets, know-how, copyrights, trademarks, service marks and mask rights, registered or unregistered, owned or used by MasterMind, and all goodwill related thereto is and shall at all times remain the exclusive property of MasterMind. None of the foregoing proprietary rights may be exploited by MasterMind’s customers, except as provided in these Terms, nor shall any such rights be transferred to MasterMind’s customers, except as expressly provided in these Terms. Each customer shall take reasonable steps to protect MasterMind’s intellectual property rights. The MasterMind name and logo are registered trademarks and shall not be used without the express permission of MasterMind. In addition, Customer shall not alter or remove any proprietary marks, logos or labels from MasterMind Products.

 

CONFIDENTIALITY
All confidential and proprietary information transmitted by MasterMind to its customers, whether disclosed orally or in writing, will be kept confidential and will not be disclosed to MasterMind’s competitors or any other third party (“Confidential Information”). Each customer will handle such Confidential Information with the same care that the customer would use in handling its own Confidential Information, but no less than reasonable care under the circumstances. MasterMind Confidential Information will not be disclosed to any third party without MasterMind’s prior written consent, unless disclosure is necessary to enforce these Terms or comply with a valid legal request, such as a subpoena, but only to the extent necessary to uphold these Terms or comply with the law. In no event will MasterMind’s confidential information be disclosed to its competitors.

 

COOKIES
Cookies are small pieces of text obtained from a website you visit and stored by your web browser. MasterMind uses Cookies for the technical operation of the website, to improve service offerings, to customize the design of the MasterMind website, to optimize website features, to store your preferences, to enable the delivery of advertisements, including behavioral advertising. Cookies do not contain personal information. Cookies required for technical purposes are not merged with any personal data. However, if you visit the website as a registered user, we may link your personal data with the information we obtain from cookies. If you wish to delete cookies or instruct your web browser to delete or reject cookies, please visit the help pages of your web browser. However, please note that if you delete cookies or refuse to accept cookies, you may not be able to use all of the features we offer, you may not be able to store your preferences and some of our pages may not display correctly. MasterMind reserves the right to change these Terms and Conditions at any time. We therefore ask that you check the Terms and Conditions at regular intervals.

 

EXPORT CONTROLS AND COMPLIANCE
MasterMind and its customers shall be responsible for identifying and complying with all applicable export and import control laws and regulations associated with the sale and use of MasterMind Products. Each customer submitting a Purchase Order represents and warrants that it will not export or re-export the Products, the Software or any technical documents related thereto to any destination or person restricted by applicable law, if any, without first obtaining the necessary authorization from the appropriate governmental entity or agency.

 

INDEMNIFICATION
En la máxima medida permitida por la ley, cada cliente que envíe una Orden de Compra indemniza a MasterMind contra todas y cada una de las reclamaciones de terceros y los daños y gastos asociados (incluyendo los honorarios de los abogados) que surjan del incumplimiento de estos Términos por parte del cliente o del uso de los Productos.

 

DISPUTES AND APPLICABLE LAW (U.S.)
These Terms and any sale made pursuant to them to customers in the United States shall be governed by and construed in accordance with the laws of the State of Colorado, without respect to its conflict of laws principles. Any dispute arising out of or in any way relating to these Terms or a sale completed pursuant to them shall be resolved by submitting the matter to binding arbitration before the American Arbitration Association (the “AAA”) in Denver, Colorado. Any arbitration filed pursuant to these Terms shall be presided over by a single arbitrator and shall be conducted in accordance with the AAA Arbitration Rules in effect at the time of filing. The arbitrator’s decision shall be binding and enforceable as a final judgment in accordance with Colorado law. By submitting the Purchase Order, each of MasterMind’s customers hereby consents to the conferral of jurisdiction and venue in accordance with this clause, and irrevocably waives any and all objections they may have to the same. The prevailing Party in any dispute shall be entitled to reimbursement of all of its arbitration and court costs (if any) and any expenses related to enforcement, including, but not limited to, its reasonable attorneys’ fees. By submitting the purchase order, each of MasterMind’s customers agrees to resolve its dispute(s) with MasterMind on an individual basis. No customer or group of customers may participate in or bring a class, consolidated or representative action against MasterMind in court or elsewhere. Class arbitrations, class actions and general private attorney actions are prohibited by these Terms. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded and does not apply to these Terms or the Products associated with them.

 

DISPUTES AND APPLICABLE LAW (ALL OTHER COUNTRIES)
For all customers outside the United States, these Terms and any sale pursuant to them shall be governed by and construed in accordance with the laws of Spain and shall be settled by binding arbitration by the Spanish Chamber of Commerce in accordance with its rules held in Madrid, Spain. Spain. Any such arbitration shall be presided over by a single arbitrator and shall be conducted in English. The arbitrator’s decision shall be binding and shall be enforceable as a final judgment in accordance with applicable law. The prevailing party in any dispute relating to these Terms shall be entitled to reimbursement for all of its arbitration and court costs (if any) and any expenses related to enforcement, including, without limitation, its reasonable attorneys’ fees. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded and does not apply to these Terms or the Products associated with them.

 

TIME TO PRESENT
Any arbitration brought pursuant to these Terms must commence within one year from the date the party asserting the claim knew or should have known of the act, omission or default giving rise to the claim at issue; there shall be no right to any remedy for a claim brought outside this time period. If applicable law prohibits a one-year limitation, all claims must be asserted within the shortest period of time permitted by applicable law.

 

DIVERSE
Nothing in these Terms shall be construed to create a partnership, joint venture or other agency relationship between MasterMind and its customers. Each person submitting a Purchase Order to MasterMind represents that he or she has authority to effect the sale proposed therein and to bind the proposed purchaser to these Terms. When the proposed purchaser is a legal entity, the person submitting the Purchase Order represents that it has obtained all prior approvals and authorizations necessary to complete the proposed sale in its Purchase Order. Unless superseded by a written agreement, these Terms constitute the complete and exclusive agreement between MasterMind and its customers and supersede all prior or contemporaneous agreements, communications or understandings, whether written or oral, regarding the same subject matter. Any delay in enforcing these Terms will not be deemed a waiver of future enforcement. No waiver or amendment with respect to these Terms will be enforceable unless in writing, and a written waiver will only be effective for the subject matter it describes. MasterMind will not be liable for any delay or failure arising from causes beyond its control. Such causes may include, but are not limited to, acts of God or the public enemy, fires, floods, epidemics, riots, quarantine restrictions, strikes, freight embargoes, earthquakes, power outages, computer or communications failures, severe weather, and acts or omissions of subcontractors or third parties. All notices, requests, demands, instructions and other communications required by these Terms shall be in writing and addressed to the persons at the address indicated on the Purchase Order. Any notice sent pursuant to these Terms shall be deemed duly given upon receipt if delivered in person, by overnight courier or email (if receipt is confirmed) and upon receipt prior to or five days after mailing if sent by registered or certified mail. If any part or portion of these Terms is held invalid, such part or portion will be revised so that it is enforceable to the fullest extent permitted by applicable law. If any part or provision is found to be unreviewable and void, all remaining parts or portions will continue in full force and effect as if these Terms had been written without the invalid part or portion.

 

MASTERMIND WARRANTY
MasterMind has earned a reputation for providing high quality products to its customers and stands behind every product it manufactures. Accordingly, MasterMind warrants that the products it manufactures will be free from defects in material or workmanship and will perform in accordance with its official written specifications for a minimum of one year, provided they are used and stored in accordance with industry standards and any unique handling. instructions provided by MasterMind. While MasterMind warrants that all of its products will perform in accordance with its official written specifications, MasterMind does not warrant that all products will perform without interruption or error. In addition, verbal or informal specifications will not be covered by the Warranty. To be enforceable, the product specification must be contained in official MasterMind documentation. No product shall be considered defective or in breach of Warranty simply because it must be adapted to or does not comply with the laws and regulations (including frequency range) of the customer’s home country or jurisdiction.

 

WARRANTY PERIOD
The Warranty will apply to MasterMind 12 months after shipment to the customer. An invoice detailing the warranty period of a product will be included with the product when it is delivered to the customer. No verbal extension or modification of the Warranty shall be enforceable. The performance of the built-in battery is acceptable until you keep the respective unit in operation for more than 60% of the specified working time at room temperature (20°C / 68°F).

 

WARRANTY LIMITATIONS
The Warranty shall be voidable at MasterMind’s discretion in any circumstance where a product manufactured by MasterMind has been damaged by the conduct of a customer or an act of God, including but not limited to: a.) Damage caused by the customer’s misuse of the product; b. ) mechanical damage caused by physical impact; c.) the accumulation of moisture or water in a product’s casing; d.) damage caused by wind, hail, rain, animals, insects or other environmental events; and e.) electromagnetic damage caused by a power surge, voltage surge or lightning strike. Finally, for the Warranty to be effective, all repairs and modifications to a product, including its software, must be performed by MasterMind and the Warranty will be void at MasterMind’s discretion in any circumstance in which a customer or its agent opens the casing of a product or otherwise attempts to modify or repair a product, including its software, without MasterMind’s permission. Currently, there are no third parties authorized to repair MasterMind products.

 

PRODUCT REPAIRS AND LIMITATIONS OF LIABILITY
In the event that a product manufactured by MasterMind does not comply with the Warranty, MasterMind will repair or replace the non-functioning product in accordance with the return and repair policy below. These options shall be the customer’s sole remedy. IN NO EVENT SHALL MASTERMIND BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF ITS PRODUCTS, AS MASTERMIND HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. MASTERMIND’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ANY LEGAL CLAIM ASSOCIATED WITH A SALE COMPLETED IN ACCORDANCE WITH THESE TERMS OR THE WARRANTY, REGARDLESS OF WHETHER SUCH CLAIM IS IN CONTRACT OR TORT, LAW OR EQUITY, SHALL NOT EXCEED THE PRICE(S) TO A GIVEN CUSTOMER. BY SUBMITTING YOUR PURCHASE ORDER, EACH CUSTOMER KNOWINGLY WAIVES ALL CLAIMS AND DAMAGES PRECLUDED BY THE FOREGOING LIMITATIONS, INCLUDING, BUT NOT LIMITED TO, ALL CLAIMS ASSOCIATED WITH PERSONAL INJURY (INCLUDING ANY CLAIM FOR LOSS OR CLAIM FOR PRODUCTS), LOSS OF TECHNOLOGY, LOSS OF SERVICE RIGHTS, UNFAIR COMPETITION AND BUSINESS LOSSES OF ANY KIND.

 

ACCEPTANCE, RETURNS AND REPAIRS
If the Customer has not received the goods, the Customer may contact MasterMind to help resolve the problem. Claims for goods not received must be submitted within 60 days of the date of payment. No assistance will be available after the 60-day period has passed. Before submitting a claim to MasterMind, the Customer must ensure that no other person receives a package at the Customer’s premises. In addition, the Customer is requested to ensure that a package is not left at any of the Customer’s neighbors, etc. MasterMind reserves the right to conduct an investigation for a period of 20 days. In the event that MasterMind has made a decision to compensate the Customer for losses, a new product may be sent to the Customer or the price of the ordered product may be refunded. If the Customer is not satisfied with a product received, he/she may proceed as described below. Replacement and refund do not apply to legal entities. A natural person who is a resident of any country outside the U.S. and Canada may request a Replenishment and Refund within 14 days from the date of payment. There will be no replenishment or refund after the 14 day period has elapsed. You cannot restock more than one product (set), or one product for a price over 300 EUR or 350 USD. If MasterMind accepts restocking, products must be returned: unused, in as-new condition, free of defects, free of dirt and scratches, with all original tags, completed as received, in the original packaging as received. Return shipping to MasterMind is on the Customer’s account. If the Customer has not complied with all of the above restocking rules, MasterMind reserves the right to refuse the Refund or reduce the amount of money returned. If the Customer has not requested a Restocking, Refund or filed a claim within 14 days after the date of the Invoice, the product (set) is considered accepted by the Customer.

 

SHIPPING TO MASTERMIND
If the failure is discovered in a product manufactured by MasterMind and MasterMind confirms it by email, a Return Materials Authorization (“RMA”) number will be issued which must be returned to MasterMind and then shipping the non-functioning product in its original packaging (or packaging that provides a similar level of protection) to one of the facilities provided by email. All returns will be shipped to MasterMind at the customer’s expense, and will not be considered delivered until they arrive at MasterMind’s facilities. MasterMind assumes no responsibility and shall not be liable for any product damaged during transit to MasterMind’s facilities. MasterMind strongly recommends that the customer purchase an adequate amount of insurance from the carrier it uses to return the product(s) to MasterMind.

 

INSPECTION AND REPAIR
Products that do not work will be evaluated and treated as follows: DOA. Any product found to be non-functional within 30 days of shipment to the customer, for any reason other than misuse or mishandling by the customer, will be considered “Dead on Arrival” or “DOA” and will be replaced at no charge. MasterMind products will be replaced no later than 20 business days after MasterMind verifies its non-functional status. Warranty Repair. All products subject to the Warranty will, depending on the circumstances, be repaired or replaced free of charge within 20 business days after arrival at MasterMind’s facility. Out-of-Warranty Repairs. MasterMind will repair a product for a period of 5 years after delivery to the customer. All products repaired out of Warranty will be repaired at the sole expense of the customer. A repair estimate will be provided to the customer by email prior to MasterMind’s receipt of the product or within a reasonable time after the product arrives at MasterMind’s facility. All repair and shipping costs must be paid by the customer in advance. MasterMind will repair and ship the non-functioning product within 20 business days after receipt of full payment for repairs.

 

POST REPAIR WARRANTY
All repaired products will be subject to the Warranty for a period of six months after their repair. The additional warranty described in this document may be extended, but will in no way reduce pre-existing warranty periods that already apply to the product.

 

RETURN COSTS
If a given product is covered by the Warranty, MasterMind will pay the shipping costs associated with returning it to the customer. If a product is out of Warranty, the customer must pay all costs associated with its transmission to and from MasterMind. An estimated return cost will be included in any repair invoice sent to the customer, and must be paid before MasterMind will return a repaired product.

 

SUBMISSION AND ABANDONMENT
Any non-functional product that remains in MasterMinds’s possession for three months after a customer receives an invoice for repairs because the customer has not paid the invoice in question will be considered abandoned. A customer’s rights to all abandoned products will be deemed forfeited and MasterMind will have the right to reprocess such products in any manner it sees fit.

 

UNIQUE GUARANTEE
UNLESS MASTERMIND AGREES TO ADDITIONAL OR ALTERNATIVE TERMS IN WRITING, THE WARRANTY DESCRIBED HEREIN IS THE SOLE AND EXCLUSIVE WARRANTY MADE TO MASTERMIND’S CUSTOMERS, AND NO ADDITIONAL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, ARE GRANTED OR IMPLIED, WITHOUT LIMITATION. LIMITATION, TITLE OR FITNESS FOR A PARTICULAR PURPOSE.

 

CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right to update or change our Terms and Conditions at any time and you should review these Terms and Conditions periodically. Your continued use of the Service after we post any modifications to the Terms and Conditions on this page will constitute your acknowledgment of the modifications and your agreement to abide by and be bound by the modified Terms and Conditions.