Mima Strollers | Terms & Conditions

General

The following terms of use (the “Terms”) govern the www.mimakidsusa.com website (the “Site”). You represent that you are: (i) at least 18 years of age; and (ii) of legal age to enter into a binding contract as determined by the laws of the State in which you reside and, if applicable, the State from which you are accessing the Site. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE DO NOT USE THE SITE.

A.G.I. Supreme LLC (“A.G.I.”), which operates the U.S. facing Mima International Ltd. website, reserves the right to revise these Terms. We will post any changes here as they are made. Because your use of the Site following any changes constitutes your agreement to be bound by any changes, you may wish to check this section periodically.

Site Content

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by A.G.I. or its affiliated entities or Mima International Ltd. (“Mima”), and affiliate social media profiles and pages. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned or licensed by A.G.I. or its affiliated entities or Mima. All other MIMA brand trademarks appearing on this Site are trademarks of Mima.

The Contents of the Site, and the Site as a whole are solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site only for your personal use. No right, title or interest in any downloaded materials or software is given to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

Product Information

Mima products (“Products”) displayed on the Site are available in select stores in the United States (and may be available in select markets outside the United States) while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in all stores. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States for purchases made through the Site.

Product Descriptions

A.G.I. and Mima strives to provide accurate descriptions of the Products displayed on the Site. A.G.I. and Mima do not, however, warrant that the descriptions are accurate, complete, reliable, current or error-free. If a Product offered on the Site is not as described, your sole remedy is to return the Product for a refund of the purchase price plus tax and related delivery costs.

Colors

We have made every effort to display the colors of the Products that appear on the Site as accurately as possible. Because the actual colors you see will depend on your computer and monitor, we cannot guarantee that your computer and monitor’s display of any color will be accurate.

Privacy Policy

You agree that A.G.I. may use and/or disclose information consistent with our Privacy Policy which is incorporated herein by reference.

Indemnification

You agree to defend, indemnify and hold A.G.I., and its officers, directors, employees, and affiliates harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Site.

Links to Other Web Sites

To the extent that this Site contains links to websites, services and resources not within A.G.I.’s control (“Third-Party Sources”), any claims or concerns regarding any Third-Party Sources, or any link thereto, should be directed to the particular Third-Party Source. You agree that A.G.I. shall not be liable to you for your use of any Third-Party Sources.

Disclaimer

IN NO EVENT SHALL A.G.I. OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATED ENTITIES, SUPPLIERS OR RETAILERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF A.G.I. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF A.G.I. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATED ENTITIES, SUPPLIERS AND RETAILERS TO YOU FOR ANY DIRECT DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR USE, OR INABILITY TO USE, THE SITE, AND ANY CONTENT THEREON SHALL NOT EXCEED $5 IN THE AGGREGATE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Inaccuracy Disclaimer

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Miscellaneous

Unless otherwise specified and except to the extent Products are offered for sale in the United States through this Site, this Site and its Contents are displayed solely for the purpose of promoting Products available in the United States and select markets outside the United States. This Site is controlled and operated by A.G.I. from its offices in Miami, Florida.

Choice of Law, Venue and Dispute Resolution

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement, including disputes relating to Products whether or not purchased through the Site, shall be resolved exclusively by an appropriate federal or state court sitting in the State of Florida, county of Miami-Dade, solely between you and A.G.I., and not on any representative or class basis. Further, unless you and A.G.I. agree otherwise, the court shall not consolidate your claim with any other person’s claim, and shall not otherwise order or permit any form of a representative or class proceeding. This provision shall survive the termination of this Agreement.

You agree that you shall commence any action for any claim(s) arising out of or related to the Site (or to products purchased through the Site) within one (1) year after such claim(s) accrued, otherwise, such claim(s) shall be permanently barred.

Third-Party Trademarks

Third-party trademarks, trade names, Product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

Notices for Reporting and Making Claims of Copyright Infringement and Other Concerns

A.G.I. will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”).  Written notification of claimed copyright infringement must be submitted in accordance with the requirements of the DMCA with a copy to A.G.I. at agisupreme@gmail.com.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.  Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.  It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Please send any concerns regarding the Products or services to agisupreme@gmail.com.

Termination

This Agreement is effective unless and until terminated by either you or A.G.I. You may terminate this Agreement at any time after which time you agree that you shall not access the Site.  A.G.I. may terminate this Agreement at any time, may do so immediately, without notice, and may deny you access to the Site.

Entire Agreement

These Terms constitute the entire agreement of between you and A.G.I. regarding the specific matters herein. All prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms.

Severability

If any provision of these Terms are declared to be unenforceable by a court of competent jurisdiction, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such unenforceable provision(s) shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

Pricing Policy

A.G.I. and Mima strives to provide accurate prices of the Products displayed on the Site. A.G.I. and Mima does not, however, warrant that are accurate, complete, reliable, current or error-free. If a price offered on the Site is not as described, your sole remedy is to return the Product for a refund of the purchase price plus tax and related delivery costs.

Our merchandise is offered for sale by Mima Kids USA for your personal enjoyment and not for resale. Therefore, we reserve the right to limit quantities and refuse to sell to any person whom we believe may be purchasing for resale.

WARRANTY

REGISTER YOUR PRODUCT ONLINE AT WWW.MIMAKIDSUSA.COM

This will activate your warranty and help us keep you informed about any possible product updates.

Your product complies with the current safety requirements and is warranted to be free from any manufacturing or material defects at the time of purchase.

If this product has any manufacturing defects after it has been purchased and during the warranty period (with normal use as described in the user manual), please contact your local distributor at 1 (866) 770-0056.

WARRANTY CONDITIONS

The warranty is valid for 24 months starting on the date of purchase. This warranty period cannot be extended, even if the product has to be repaired.

For the warranty to be valid, you will need to:

1. Have registered your product online at www.mimakidsusa.com.

2. Provide your Local Distributor with the original receipt.

3. Provide your local Distributor with a description of the defect.

• The warranty only covers the original owner of the product and cannot be transferred to any subsequent owner.

• The warranty entitles the owner to have the product repaired.

• The product needs to have been purchased in the USA.

• The warranty only covers manufacturer defects.

The warranty is not valid under the following circumstances:

• The product has been modified or repaired by third parties other than a Mima approved service center.

• Corrosion or rust on the wheels and chassis due to extreme environmental conditions, including high humidity, salt spray, ice or snow or due to insufficient maintenance.

• The damage was caused by improper usage or maintenance or due to misuse by the user; in particular, failure to comply with these instructions for use as described in this user manual.

• The damage was caused as the result of an accident or airline/ transport damage.

• Discoloration or damage to the fabric due to improper cleaning, rainwater, or excessive exposure to sunlight.

• The damage is the result of overloading (exceeding the maximum weight allowance for the child and any items being carried) on the stroller.

IMPORTANT: If the product was not purchased in U.S.A. (Services may be provided to any Mima customer with a fee plus shipping charges).