Terms and Conditions applied to consumers

MEEM Memory Ltd. provide products to you when you visit or shop at meemmemoryusa.com or meemmemory.com, use our MEEM products or services, or use software provided by MEEM in connection with any of the foregoing MEEM products. MEEM provides these services and functionalities and sells our products to you subject to the conditions set out on this page. MEEMmemoryusa.com and MEEMmemory.com are the trading names for MEEM Memory.

1. Consent to electronic communication, correspondence and change of details

By accepting our terms and conditions, you have given us your consent for us to send you electronic communications to the e-mail address or telephone number you have provided, and you agree that we may send monthly statements, notices and other communications under or in relation to the Agreement (other than communications that are required by law to be sent in paper form) via email to this e-mail address.

You must promptly inform us of any changes to your name, address, email or telephone number. You must provide any evidence of such changes that we may reasonably require.

All communication between you and us in relation to this Agreement shall be in English.

2. Your Monthly Repayments

If you have chosen to pay for your cable over a period of 18 months, then you will be charged monthly for the relevant monthly fee. This will be reflected in your account and invoices. You must pay at least the Minimum Payment monthly charge that was noted at checkout and in your account towards repayment of the full balance on your Account each month. You cannot pay any less than this amount without incurring interest and a late fee on the remaining balance. You can always pay more than the minimum amount required though.

The amount of the Minimum Payment will be equal to the amount specified at checkout to be paid each month for 18 months, or depending on sales and discounts on at certain times, this duration, initial cost, or fee structure may vary. This will include your insurance fee if you opted to have insurance included on your cable. If you fail to pay the monthly amount, you will be charged a late payment fee of up to £ 10.

3. Monthly Statements

We will send you a statement each month, unless there has been no activity on your Account that month. There may be no activity on your Account when, for example, you have paid your subscription up in full and no longer have any outstanding monthly payments.

4. Interest

For any Purchase made by you the customer, “the Transaction Date” is the day of the month one day after you have purchased your goods. Interest is charged on any outstanding balance that remains each month after that day, if that month’s payment has not been made. This continues until that balance and any outstanding interest has been paid. Any subsequent unpaid balances will be added to the total and also charged interest until paid. Interest is calculated on a daily basis and added to your Account each month on the date we produce your statement. Failure to pay the interest after 2 months will result in the cable being de-activated. You can end your monthly payments by paying the remaining balance of payments at any time. Please contact us if you would like to pay off your remaining monthly balance.

4.1 STANDARD RATE

The standard interest rate is 0.047 % per day, which results in an effective annual rate of 18.9 %. (“Standard Rate”).  It is charged daily on the balance outstanding of all Purchases other than Special Purchases. The Standard Rate is also charged on fees (if any) on which interest has become payable.

4.2 MINIMUM CHARGE

There will be a minimum charge of £1 per month, so that if the interest incurred on the daily balances outstanding for Purchases during the period to which the statement relates (“Purchase Interest”) is less than £1 for any month, taking into account any interest charged at the Standard Rate as well as any interest charged at a special rate for a Special Purchase, there will be a charge equal to the amount required to take the total amount of interest charged for that month up to £1 (“Minimum Charge”). The Minimum Charge will not apply to zero balances.

5. How we Allocate your Payments

We will apply any payment into the Account as follows:

1)   First, in paying any overdue Minimum Payments from earlier billing periods;

2)   Then in meeting any Minimum Payment then due;

3)   Then in paying the difference between any Minimum Payment then due and in making an early repayment.

6. Early Repayment

You have the right to repay all or part of the monthly payments early at any time at no extra cost. We will let you know the balance outstanding upon request.

7. Our right to refuse transactions and suspend your Account

We may refuse to authorize a purchase or suspend your right to make purchases with your Account for any of the following reasons

a) Your purchasing behaviour seems unusual compared with the way you normally use your Account;

b) We suspect that unauthorized or fraudulent use is being made of your Account under the Agreement;

c) You fail to make any payment which falls due to us under this Agreement or under any other agreement that you may have with us when that payment falls due;

d) We believe that there is a significantly increased risk that you may not be able to fulfil your duty to repay the payments in accordance with this Agreement (this includes situations such as you going bankrupt or having similar proceedings taken against you);

e) We reasonably believe the transaction would damage our reputation;

f)  There is any other objectively justifiable reason.

If we decide to refuse a transaction or suspend your right to use the Account, we will give you notice by email as soon as practicable.

8. Our right of set-off

If we owe you any money we will be entitled to set-off the sum we owe you against any debt you owe us under this Agreement.

9. Fees

We charge the following fees:

– Up to £10 if you do not make your Minimum Payment on time (“Late Payment Fee”);

– The reasonable cost of sending you a letter about your outstanding debt when you are in arrears (“Debt Collection Fee”).

Any fee which becomes payable under this Agreement will be added to the balance on the payment date following the statement for the month in which the fee became payable.  We will start charging interest at the Standard Rate on Late Payment Fees the day after they have become payable. We will start charging you interest at the Standard Rate on Debt Collection Fees 7 days after the date of that months payment, if that payment has not been made.

10. Changes to this Agreement

We may change the interest rates and/or fees or charges payable under your Agreement to take account of changes in the cost of providing payment structuring to you or to reflect the cost of any system or product development.  We may also change and add to the other terms of this Agreement to respond to changes in legal or other regulatory requirements or to reflect new industry guidance or codes.

Our power, under this term of this Agreement, to vary any fees or charges includes the power to remove or add fees or charges for the reasons given above without first obtaining your consent.  We will give you written notice of any such change and the change will come into force 60 days after the notice has been sent. You may end this Agreement in accordance with clause 15 if you do not want the change to apply to your Agreement.

11. Right of withdrawal

You have a right under the Consumer Credit Act 1974 to withdraw from this Agreement without having to give any reason. To exercise your right of withdrawal you must give notice of your intention to withdraw from the Agreement before the end of 14 days beginning with the day after the day on which you receive a copy of the Agreement signed by us, unless you have received an earlier copy, in which event the 14 day period will begin on the day after you the day you receive our written confirmation that the Agreement has been made on the same terms as set out in the earlier copy. You must give notice of withdrawal by email to hello@meemmemory.com.

To exercise this right your cable must be unopened, undamaged, and in a saleable condition. Please note that withdrawing from your Agreement with us will not terminate your purchase agreement(s) with the Supplier(s). Your rights in relation to your agreements with Suppliers are governed by those agreements and the legislation relating to them.

12. Consequences of default and missed payments

If at any time, two or more Minimum Payments are overdue, we may serve a default notice on you, requiring that you bring the Minimum Payments up to date.  If you then fail to do so, we may, by giving you written notice, terminate the Agreement and/or require that you make immediate repayment of the outstanding balance of credit, interest and any fees on the Account.

After termination under this clause 15, we may employ a debt collection agency to recover the outstanding debt and you will have to pay reasonable costs incurred by the debt collection agency for this purpose.

Missing payments can have serious consequences for you. Your credit rating may be affected which will make it more difficult or more expensive for you to obtain credit in the future.  Legal action may be taken against you to recover the debt, an application may be made to have you declared bankrupt, and it is possible that a charging order and order for sale of your property may be obtained as a means of enforcing any judgment.

13. Termination of the agreement

This Agreement has no fixed duration and will continue until either we or you terminate the Agreement, as long as there are no outstanding payments.

You can bring this Agreement to an end at any time with immediate effect, and without having to give any reason, by giving us not less than seven days’ written notice.

We can bring the agreement to an end by giving you two months’ written notice.

If you become bankrupt or are unable to pay your debts or if an interim order in bankruptcy is presented or made, or you become apparently insolvent or have a proposal for a voluntary arrangement made in relation to you, we may, by giving you written notice, bring this Agreement to an end immediately.

If we or you end this agreement you must continue to make your Minimum Payments until you have repaid all amounts you owe us.

14. Assignment

You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent. We have the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time without your consent, provided that such transfer does not alter your rights and obligations under this Agreement to your detriment.

15. Our liability to you

You may have the right to sue a Merchant if you have received unsatisfactory goods or services paid for under the Agreement costing more than £100 and not more than £30,000.  Except for that right in respect of misrepresentation or breach of contract relating to your agreement with us, we shall not be liable to you for any loss of profit, goodwill, business, revenue, data, anticipated savings or other loss or damage which does not arise directly from a breach of this Agreement by us. Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or your statutory rights as a consumer, or any other liability which may not otherwise be limited or excluded under any applicable law.

16. Our use of your personal data

MEEM processes your personal data in order to carry out our obligations in this agreement and for the additional purposes set out in our Privacy Notice. The Privacy Notice is available here, and on our website, and by using MEEM’s services you confirm that you have read this Notice. We process your personal data for example to identify you and perform customer analysis, marketing, and business development. We may also transfer your data to selected partners (such as credit reference bureaus), which may be established outside of the EU/EEA. In the Privacy Notice there is more information about our data sharing, your rights in regards to your data, how you may contact us with questions, or submit a complaint to an authority.

For information about what data we transfer to credit reference agencies, and for what purposes, please refer to Section 21 below and to the Privacy Notice.

17. Complaints

If for some reason you are dissatisfied with our services, we will do our best to resolve the matter as soon as possible. You can reach us via email at hello@meemmemory.com and we will respond as quickly as possible.

18. General

If at any time we allow any time for remedy of a breach, or if otherwise we do not insist on our strict rights under the Agreement, this will not prevent us from insisting on our strict rights on another occasion. If we agree to a variation on one occasion, it does not mean that we must agree to it on another occasion.

Any provision of this agreement which expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.

This Agreement does not affect or exclude any term implied by law unless it expressly says so.

If any term in this Agreement shall not be enforceable, it will not affect the enforceability of all other terms.

Any shipments to countries outside the U.S. or U.K. may be subject to taxes, customs duties and fees levied by the destination country (“Import Fees”). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees.

MEEM Memory Ltd. 90 DAY Warranty UNITED KINGDOM (AND JURISDICTIONS OTHER THAN THE USA)

IF YOU ARE A CONSUMER (AS DEFINED IN CONDITION 2.7.), THIS WARRANTY IS IN ADDITION TO YOUR LEGAL RIGHTS IN RELATION TO PRODUCTS WHICH ARE FAULTY OR NOT AS DESCRIBED. ADVICE ABOUT YOUR LEGAL RIGHTS IS AVAILABLE FROM YOUR LOCAL CITIZENS’ ADVICE BUREAU OR TRADING STANDARDS OFFICE.

THIS WARRANTY SHALL COMMENCE FROM THE DATE OF PURCHASE OF THE MEEM PRODUCT BY THE ORIGINAL END-USER PURCHASER.

THIS WARRANTY SUPPERCEDES ANY WARRANTY OR AGREEMENT THAT MAY ARRIVE WITH THE PRODUCT ITSELF.

1. WARRANTY

1.1. MEEM Memory Limited’s warranty obligations are limited to the terms set forth below. MEEM Memory Limited (Company No. 10058697) of 7 Jardine House, Bessborough Road, London HA1 3EX, United Kingdom (“MEEM”), warrants this MEEM hardware product (“MEEM Product”) against defects in materials and workmanship for a period of NINETY DAYS (90) from the date of retail purchase by the original end-user purchaser (“Warranty Period”).

1.2. If a hardware defect arises in respect of the MEEM Product and a valid claim is received within the Warranty Period then you are entitled under this Warranty to:

(a) up to thirty (15) days from the date of delivery of the MEEM Product: if your MEEM Product is faulty, a refund;

(b) for the remainder of the Warranty Period: if your faulty MEEM Product can’t be repaired or replaced within a reasonable time and without significant inconvenience to you, or if the MEEM Product is faulty after one repair or replacement, a refund of either an appropriate price reduction or (if you want to reject the MEEM Product) the full price less a deduction for use to take into account the use you have had of the MEEM Product.

1.3. Any repair or replacement of the MEEM Product shall be at no charge to you, however customers will incur the cost of shipping when returning their product.

1.4. We will not be required to repair or replace a MEEM Product if that remedy (the repair or replacement) is impossible or disproportionate to the other of those remedies.

1.5. If you request or agree to the repair or replacement of the MEEM Product during the 30 day period detailed in paragraph 1.2. (a) above, the period will stop running for the length of the waiting period and if the repaired or replacement MEEM Product is defective, the period is extended to 7 days after the waiting period ends or (if later) the 30 day period extended by the waiting period.

1.6. When a MEEM Product or part is exchanged, any replacement item becomes your property and the replaced item becomes MEEM’s property. When a refund is given, the MEEM Product for which the refund is provided must be returned to MEEM and becomes MEEM’s property.

1.7. Any Insurance purchased on the cable will continue your cable’s coverage after the warranty period ends. Insurance cannot be purchased after you have owned the cable for 60 days. By adding this MEEM Insurance option you are agreeing to all the terms and conditions listed herein. The MEEM Insurance covers the replacement of your MEEM cable for replacement by the same type and size of your cable. This only applies while the policy is being paid. You will be charged $.99 per month. This policy does not cover damage to the cable inflicted by the user or caused by a misuse of the cable. There is a $20 deductible applied when making a claim per cable. The claimant will also need to pay the applicable shipping and handling fee per cable at the time of the claim. One insurance policy covers only one cable. There is a limit of two insurance claims per year per claimant. You must contact MEEM Customer Service prior to making a claim so the issue can be determined. This insurance policy does not cover the data on your cable or its recovery.

2. CONDITIONS

2.1. This Warranty applies only to hardware products manufactured by or for MEEM that can be identified by the “MEEM” trade mark, trade name, or logo affixed to them. This Warranty applies only to MEEM Products sold in the United Kingdom and jurisdictions other than the United States of America, to the original end-user. Your rights as a consumer will be subject to the laws of that country.

2.2. The Warranty does not apply to any non-MEEM hardware products or any software, even if packaged or sold with the MEEM Product. Manufacturers, suppliers, or publishers, other than MEEM, may provide their own warranties to the end-user purchaser and the terms of those warranties generally govern your rights in relations to such hardware products or software. Software distributed by MEEM with or without the MEEM brand name (including, but not limited to system software) is not covered under this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use.

2.3. MEEM does not warrant that the operation of the MEEM Product will be uninterrupted or error-free.

2.4. MEEM is not responsible for damage arising from failure to follow instructions relating to the MEEM Product’s use.

2.5. This Warranty does not apply: (a) to damage caused by use of the MEEM Product with non-MEEM software; (b) to damage caused by fair wear and tear, abnormal storage conditions, incorrect use, accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the MEEM Product outside the permitted or intended uses described by MEEM; (d) to a MEEM Product that has been modified to alter functionality or capability without the written permission of MEEM; (e) to damage caused by the failure to operate the MEEM Product in accordance with the MEEM User Guide; or (f) to damage caused by using the MEEM Product for a purpose other than its original intended purpose.

2.6. The Warranty is conditional upon evidence to the reasonable satisfaction of MEEM of retail purchase of the MEEM Product by the original end-user purchaser.

2.7.  For the purposes of this Warranty, an end-user is a ‘Consumer’ if the end-user is an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.

Paragraph 2.8. only applies if you are not a Consumer.

2.8. If the end-user is not a Consumer: (a) then except as expressly stated in this Warranty, MEEM does not give any representation, warranties or undertakings in relation to the MEEM Product; and (b) any representation, condition or warranty which might be implied or incorporated into this Warranty by statute, common law or otherwise is excluded to the fullest extent permitted by law.

2.9. Nothing in this Warranty excludes or limits MEEM’s liability for death or personal injury arising from its negligence (or otherwise where the end-user is a Consumer), MEEM’s fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law. In certain circumstances it is not possible for MEEM to limit or exclude its liability and this is particularly the case if the end-user is a Consumer. Where the end-user is a Consumer, the limitations of liability that are set out in paragraph 2.11. shall not apply to such end-user.

2.10. Subject to paragraph 2.9., where the end-user is a Consumer, MEEM is responsible to that end-user for foreseeable loss and damage that is caused by MEEM. If MEEM fails to comply with its obligations under this Warranty, MEEM is responsible for loss or damage which that end-user suffers and which is a foreseeable result of MEEM breaking its obligations or MEEM failing to use reasonable care and skill. MEEM is not responsible to an end-user or to any third party for:

(a) losses that were not foreseeable as a probable result of the breach of this Warranty when the original end-user purchased the MEEM Product;

(b) losses that were not caused by a breach of this Warranty by MEEM and/or any of its officers, employees, agents, contractors or subcontractors; and/or

(c) losses incurred in connection with the operation of a business such as loss of profit, sales, business, or revenue, loss of business, loss of goodwill, loss of business opportunity, loss of anticipated savings and/or business interruption. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Warranty was made, both we and you knew it might happen.

Paragraph 2.11. only applies if you are not a Consumer.

2.11. If the end-user is not a Consumer, MEEM’s total liability in respect of all losses arising under or in connection with the MEEM Product, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed fifty Pounds Sterling (£50).

3. GENERAL TERMS

Paragraphs 3.1. and 3.2. only apply if you are not a Consumer.

3.1. This Warranty constitutes the entire agreement between MEEM and the original end-user purchaser in connection with its subject matter and supersedes any previous agreement, warranty, statement, representation, understanding or undertaking (in each case whether written or oral) given or made before the date of the purchase of the MEEM Product and relating to its subject matter.

3.2. If the end-user is not a Consumer, no variation of this Warranty shall be effective unless it is made in writing, refers specifically to this Warranty and is signed by MEEM.

3.3. This Warranty is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Warranty or make any changes to its terms.

4. CLAIMING UNDER THE WARRANTY

Please access and review the MEEM User Guide supplied with the MEEM Product (also available online) before requesting warranty service. If the MEEM Product is still not functioning properly after making use of these resources, please contact MEEM using the information provided in the documentation. A MEEM representative will help determine whether your MEEM Product requires service and, if it does, will inform you how MEEM will provide it. MEEM will provide warranty service on MEEM Products that are tendered or presented for service during the Warranty Period. You may obtain warranty service worldwide. However, service will be limited to the options available in the country where service is requested. Service options, parts availability and response times will vary according to country. If you wish to claim under this Warranty you will be responsible for posting the MEEM Product to MEEM but MEEM will be responsible for any reasonable postage costs you incur. MEEM may require that you furnish proof of purchase.

5. APPLICABLE LAW

5.1. Subject to paragraph 5.2. below, this Warranty is governed by English law. This means that any dispute or claim arising out of or in connection with this Warranty will be governed by English law and will be subject to the non-exclusive jurisdiction of the English Courts.

5.2. If you are resident in a country or jurisdiction other than the United Kingdom or the United States of America, this Warranty, its subject matter and its formation are governed by English law, except to the extent that the laws of your resident country or jurisdiction have priority or prohibit an alternative provision, in which case the laws of your resident country or jurisdiction shall apply.

ALL ACCESS TO AND USE OF MEEM MOBILE APPLICATION SOFTWARE (“APP”) AND USE OF THE FIRMWARE IN THE MEEM PRODUCT IS SUBJECT TO THE TERMS OF THE UNITED KINGDOM (AND JURISDICTIONS OTHER THAN THE USA) END-USER LICENCE AGREEMENT AND THE UNITED KINGDOM (AND JURISDICTIONS OTHER THAN THE USA) FIRMWARE LICENCE AGREEMENT.

If you have any questions about the coverage provided by this Warranty, please contact MEEM at the address below:

MEEM MEMORY LIMITED

7 Jardine House

PO Box 60076

London

HA1 3EX

United Kingdom

Email: hello@meemmemory.com

© Copyright MEEM Memory Ltd 2019