Mavis Tech

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Mavis Tech Terms of Sale

These Terms of Sale apply to your order through the Mavis Tech website and are between you and Mavis Technologies Ltd, a company registered in England and Wales (registered company number 15107830) with its registered address at 34-38 Guildhall Road, Northampton, England, NN1 1EW ("Mavis Tech", "we", "us" or "our").

By accepting these Terms of Sale when placing an order through our website, you agree to be bound by these Terms of Sale. If you place an order on behalf or in the course of a business, you further agree that you have the authority to enter into these Terms of Sale on behalf of the business and bind such entity to these Terms of Sale. If you are a consumer, nothing in these Terms of Sale affects your statutory rights.
Products include, without limitation, Mavis Assistive Glasses and related accessories, including devices with visual and audio assistance features such as obstacle and trip hazard detection, text recognition, facial recognition, voice assistance, navigation guidance, and related software and services, as well as products provided by a third-party manufacturer or supplier (“Third-Party Products”) and products that are co-branded with a third-party brand (“Co-Branded Products”) (collectively, the “Products”).

Delivery Territory

Products purchased through our website will only be delivered to addresses located in: United Kingdom. Delivery to other territories may be available and will be indicated at checkout.

Acknowledgement and Acceptance of Orders

You can place an order by clicking the “Pre-order” or “Buy” button on our website and adding the Products of your choice to your basket, viewing the basket and clicking the place order button to place your order. Delivery times vary by Product, details of delivery dates for the specific Product or Products you have ordered will be communicated to you when you review your basket before you place your order.
When placing an order, we will ask you to provide information about you, such as your name, postal address and billing information, and the recipient (if this is not you). You must provide accurate and complete information and keep your account information (including your contact and delivery information) up to date. We will have no responsibility or liability for inaccurate information, or for information that later becomes outdated. We will pre-authorise the payment on orders to establish that your chosen payment method is active, but no funds will be charged until Order Acceptance (as below).
Once you have submitted an order, we will send you an email confirming receipt and advising that your order is being processed (“Order Acknowledgement”). Please be aware that receiving an Order Acknowledgement does not constitute acceptance of your order. We will send you a separate email confirming that we have accepted and processed your order (“Order Acceptance”) as soon as reasonably practicable. The risk associated with the Products transfers to you upon delivery.

Pre-ordering Products

In advance of a new Product launch, it may be possible to place pre-orders on our website. The price of the Products you pre-order will be quoted to you at the time you submit your pre-order and will include applicable taxes and delivery costs. We will pre-authorise the payment on orders to establish that your chosen payment is active but no funds will be charged to your chosen payment method until payment has been processed at the time of Order Acceptance.
Once the Products you have pre-ordered become available for dispatch, we will send you a purchase confirmation (which will include applicable delivery charges and taxes). This email constitutes the Order Acceptance for your pre-ordered Products, and we will process payment at that time.

Our Ability to Decline Orders

Prior to Order Acceptance, we reserve the right to refuse your pre-order or order in the following circumstances: (a) if the Product becomes unexpectedly unavailable due to factors outside our control; (b) if there is a manifest error in the price shown at the point of purchase; (c) if you have requested delivery to a location outside our permitted delivery areas; or (d) if you have ordered a quantity exceeding the maximum permitted number of Products as indicated on the basket review page. Should any of these circumstances arise, we will notify you by email.

Your Cancellation Rights

You may cancel your order or pre-order at any time before dispatch by visiting the Order Details page and clicking on the “Cancel Order” button, or by contacting the Mavis Care Team in accordance with the instructions on our website.

Cooling off period and Returning Products Following Order Acceptance

You are lawfully entitled to a 14-day cooling off period. However, as a goodwill gesture, we extend this to 30 days for the majority of our Products:

You can cancel the contract and return a Product without giving any reason within 30 days from the date of your receipt of such Product (excludes gift cards and digital content). The easiest way to do this is to contact the Mavis Care Team in accordance with the instructions on our website. Once you are connected with the Mavis Care Team, you will be able to attach the cancellation form shown below if you would like to do so. You can also send us a clear statement of your intention to cancel the contract by any other reasonable means.

Your right to cancel does not apply to any Products for which the law excludes cancellation rights, such as any Products that have been personalised or modified in accordance with your instructions. Where this is the case, these Products are described on our website as non-returnable prior to the placement of the order.

Products should be returned complete in their original packaging, accompanied by proof of purchase (such as a copy of your receipt). You will bear the cost of returning Products to us. We will also accept Products without original packaging but returning Products like this or with substantial packaging damage may be treated as damage to the Products themselves and could result in a reduction to your refund as outlined below.

After return of the Products to us, if we assess, acting reasonably, that the Products have been used in excess of what is necessary to determine their nature, properties or functions, or if they are damaged or missing components, we may recalculate and reduce your refund accordingly. If you return a Product bought as part of a bundle, but do not return all of the bundled Products, we will reimburse you for the Product that you do return, minus the value of the applicable bundle discount.

Returning Faulty Products

If Products that you purchased do not conform with their description or are faulty, you may return such Products to us at our expense in accordance with the Product Warranty set out in these Terms, or in accordance with your statutory rights.

Payment Methods

We accept credit cards, debit cards and PayPal. Please note that additional terms from your payment provider may apply.
By submitting an order or pre-order, you authorise us to charge your order or pre-order to the payment method chosen. When you provide your payment information, you authorise us (or a third-party payment processor) to process and store your payment and related information. If your chosen payment method cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order or pre-order. You are responsible for resolving any problems caused by you which we encounter in connection with your payment method. If you submit information or place an order as a guest on our website, we may store this information for use in connection with processing your order, providing support and any marketing communications that you elect to receive from us or our affiliates.

Software and Updates

Your Mavis Assistive Glasses include embedded software that enables the device features. From time to time, we may provide software updates to improve functionality, add new features, or address security issues. By using the Products, you consent to the automatic download and installation of such updates. Some features of the Products may require internet connectivity and may not function without an active connection. Software updates will only be provided to users who maintain a current, active subscription. Please note that this is new technology that is still under active development and improvement. The Products have not been tested over many years, and we continue to refine and enhance their performance.

Acceptable Use

You agree to use the Products only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you agree not to:
  • use the Products to infringe upon or violate the rights of any third party, including their privacy rights, publicity rights, or intellectual property rights;
  • use the facial recognition or audio/video recording features to conduct surveillance of individuals without their knowledge or consent, or to create databases of individuals’ biometric information without their explicit consent;
  • use the Products in a manner that violates any applicable data protection laws, including the UK GDPR and the Data Protection Act 2018;
  • use the Products to record, transmit, or share content that is defamatory, obscene, harassing, threatening, or otherwise unlawful;
  • attempt to modify, reverse engineer, decompile, or disassemble any part of the Products or their software, except to the extent permitted by applicable law;
  • use the Products while operating a motor vehicle, heavy machinery, or in any situation where distraction could pose a safety hazard.

Facial Recognition and Privacy

The Products include facial recognition technology that can identify and remember faces of individuals you choose to register. You are solely responsible for obtaining all necessary consents from individuals before using the facial recognition feature to identify them. You must comply with all applicable data protection laws, including the UK GDPR and Data Protection Act 2018, when using this feature. You may not use the facial recognition feature for any unlawful purpose, including but not limited to surveillance of individuals without their knowledge or consent. We do not store facial recognition data on our servers unless you explicitly opt in to cloud storage; by default, all facial recognition data is stored locally on your device.

Health and Safety Warnings

Before using the Products, please read the health and safety warnings provided with your Product and available on our website. These warnings contain important information about the safe use of your Products.
The Products are designed to assist users with visual and audio aids, including obstacle detection and trip hazard alerts. The obstacle detection, trip hazard detection, and navigation features may not detect all hazards, particularly in direct sunlight or low-light conditions, areas with reflective surfaces, environments with rapidly moving objects. Accuracy and availability of features may be affected by weather conditions, environmental conditions, battery level, software version, internet connectivity and other factors. AI-powered features may not always be accurate and their accuracy may vary depending on environmental conditions and other factors.
Features of the Products are assistive in nature and are not a substitute for proper care, attention, and independent mobility aids. The Products are designed to supplement, not replace, how you already navigate your environment. You must not rely solely on the Products for navigation, hazard avoidance, or personal safety. You should continue to use existing mobility aids such as canes or guide dogs alongside the Products. Always maintain awareness of your surroundings and use appropriate mobility aids as needed. Use of the Products is at your own risk.
By using the Products, you acknowledge that you have read and understood the health and safety warnings and agree to use the Products in accordance with those warnings and instructions.

Pricing and Content Errors

We endeavour to ensure accuracy and avoid errors in the information we provide about our Products. Should a manifest error occur, we reserve the right to correct such error and amend your pre-order or order accordingly (including charging the correct price) or to cancel the pre-order or order and issue a refund for any amount already charged. If we identify a manifest pricing or other material error relating to Products not yet delivered, we will contact you to inform you of the error and offer you the choice of proceeding with your purchase at the correct price or cancelling your pre-order or order. If we are unable to reach you using the contact details you provided after two attempts on separate days, we will treat your pre-order or order as cancelled.

Applicable Taxes

If your purchase is subject to any type of use or sales tax, duty or other governmental tax or fee (“Taxes”), then we may charge you for those Taxes. Applicable Taxes will be presented as included in the price throughout our website. You are responsible for any Taxes due with respect to your purchase of the Products.

Subscription Terms

Certain features of the Products, including but not limited to facial recognition, scene description, person description, navigation guidance, voice assistance, software updates, AI updates and internet connectivity rely on an ongoing subscription using our cloud-based services and artificial intelligence tools.

You are required to commit to a minimum of twelve (12) months of subscription at the time of purchase. The subscription includes for cloud-based features, and human support services (including video support calls). The subscription continues on a month-to-month basis following the initial commitment period. You agree that if you do not maintain a subscription, access to cloud-based and AI-dependent features will stop working. However, local obstacle detection functionality will continue to operate without an active subscription.

Some features may be subject to additional terms and policies, including, as applicable, the Mavis Tech Subscription Terms, the Mavis Tech Privacy Policy, and any other terms that may be presented and must be agreed to by a user prior to using the Product. If a user does not agree to any of these additional terms and policies, Products may be returned unused for a refund in accordance with these Terms.

Commercial and Business Use

These Terms of Sale apply to your purchase regardless of the use you intend to make of the Products. Products may be purchased for commercial, business or other non-personal use, provided that any such use must be in accordance with the applicable commercial terms. If you are purchasing Products for business use, you acknowledge that certain consumer protection provisions in these Terms of Sale (including the extended 30-day cooling-off period) may not apply to the extent permitted by law, and you represent that you have the authority to bind your organisation to these Terms of Sale.

If you are a business customer, you may use the Products to provide services to your customers or patients (“end users”) in your care, provided that: (a) you ensure all end users comply with these Terms of Sale and any applicable terms of use; (b) you remain responsible for any acts or omissions of those end users in connection with the Products; and (c) you provide appropriate training and instructions to end users regarding the safe and lawful use of the Products.

Consumer Protection Rights

If you are a consumer (i.e., you are purchasing Products for purposes that are wholly or mainly outside your trade, business, craft or profession), you have certain statutory rights under the Consumer Rights Act 2015 and other applicable consumer protection legislation. These statutory rights are not affected by these Terms. In particular:
  • Products must be of satisfactory quality, fit for purpose, and as described. If Products do not meet these standards, you may be entitled to a repair, replacement, or refund as provided by law.
  • Digital content (including software updates) must be of satisfactory quality, fit for a particular purpose, and as described. You have statutory rights if digital content supplied by us causes damage to your device or other digital content belonging to you.

 

You may have additional rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, including the statutory right to cancel your order within 14 days (which we have extended to 30 days as a goodwill gesture for most Products, as described in the ‘Cooling off period and Returning Products’ section above).

Nothing in these Terms of Sale shall exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by sections 9 to 17 of the Consumer Rights Act 2015 (including as to satisfactory quality, fitness for purpose, and title); or (d) defective products under the Consumer Protection Act 1987.

Product Warranty

We stand by the quality of our Products and are under a legal duty to supply products that conform with these Terms. The following warranty terms apply:

Hardware Repairs: If a hardware defect arises from a fault in the Product (rather than misuse, accidental damage, wear and tear, or unauthorised modification), Mavis Tech will repair the hardware free of charge during the first year following purchase, or such longer period as may be required under English consumer law. After the first year, repairs (including for manufacturing defects) will be chargeable, even if you maintain an active subscription. Hardware replacement following the warranty period will require a new purchase. Repairs for issues arising outside warranty (including damage caused by misuse or accidental drops) may be carried out at your cost upon request.

Software Updates: Software updates will only be provided to users who maintain a current, active subscription. Without an active subscription, you will not receive software updates, and certain features of the Products may cease to function or become unavailable.

Statutory Rights: This warranty does not affect your statutory rights under the Consumer Rights Act 2015. For consumers, you have statutory remedies for faulty goods for up to six years from delivery. This warranty is in addition to, and does not limit, those statutory rights.

Extended Warranty: You may have the option to purchase an extended warranty or protection plan with certain Products. Any such extended warranty is subject to separate terms and conditions for that plan.

Mavis Tech Account

You may be required to create a Mavis Tech account to access certain features of the Products, including the Mavis Tech Subscription, cloud storage, remote device management, software updates, and personalised settings. By creating an account, you agree to provide accurate and complete information and to keep your account credentials secure. You are responsible for all activities that occur under your account.

Certain features of the Products, including the dashboard for device configuration, remote updates, and cloud-based services, require an active Mavis Tech account. In the event your Mavis Tech account is suspended, disabled or deleted, some Product features may not be available to you until your account access is restored. Core functionality of the Products, including obstacle detection and basic audio/visual aids, will continue to operate offline without an active account.

Protection of Personal Data

To the extent that Mavis Tech processes any of your personal information for the purposes of any order, purchase or download described in these Terms, Mavis Tech Ltd is the data controller for our website (and in respect of any personal information collected in connection with any order placed under these Terms). You authorise us (or a third-party payment processor) to process and store your payment and related information. In accordance with our Privacy Policy, Mavis Tech may pass your personal information to a third-party processor (including for payment and delivery) or, in the event that you submit information or place an order as a guest on our website, Mavis Tech may store this information for use in connection with processing your order, providing support and any marketing communications that you elect to receive from us. For full details on how we process your personal data, please refer to our Privacy Policy available on our website.

Governing Law and Resolution of Disputes

If you have any complaints or concerns regarding these Terms of Sale or our Products, please contact us through the Mavis Care Team via our website.

If you are a consumer and habitually reside in the UK:

  1. the laws of your home country of residence in the UK will apply to any claim, cause of action or dispute that you have against us that arises out of or relates to these Terms of Sale or the Products (“claim”);
  2. you may resolve a claim in any competent court in your country of residence in the UK that has jurisdiction over the claim; and

In all other cases, you agree that the claim must be resolved in a competent court in England and Wales and that English law will govern these Terms of Sale and any claim.

In the event that you have a dispute with us that arises out of or is connected to these Terms, you may contact us via our website and we will endeavour to resolve this dispute.

General Provisions

Mavis Tech may change these Terms of Sale at any time by posting revised terms on our website, including to reflect changes to our sales process, the Products, our business priorities or changes required by law. Any such new terms will be effective as of the date of posting and shall not be applicable to orders or pre-orders placed prior to the date that the new terms are posted. This means that orders and pre-orders shall retain the terms in effect at the time they were placed.

You may not assign these Terms of Sale or any of the rights granted under them without our prior written consent, and any attempted assignment without such consent shall be void. However, within the period during which our Product Warranty applies, if you transfer your Product ownership to another consumer, whether for free or for payment, then that consumer will benefit from the same Product Warranty as you, under the same conditions. Subject to the foregoing restriction, these Terms of Sale will be fully binding upon, and enforceable by, us and our respective successors and assigns. All of our rights and obligations under these Terms of Sale are freely assignable by us to entities within our group of companies, except where such an assignment results in a reduction of your rights.

Except as otherwise provided in this clause, these Terms of Sale constitute a contract between you and us, and no third party shall be entitled to enforce any provision of these Terms.

If any provision of these Terms of Sale is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Sale and will not affect the validity and enforceability of any remaining provisions.

Any failure by us to immediately require you to perform any obligation under these Terms of Sale, or any delay in taking action against you for breach of this contract, shall not constitute a waiver of your obligations and shall not preclude us from taking action against you at a later time.

STANDARD CANCELLATION/WITHDRAWAL NOTICE

To: Mavis Tech Ltd, [Address]

I/We [*] hereby provide notice of my/our [*] intention to cancel/withdraw from the contract for the purchase of the following goods:

Date of order [*]/Date of receipt [*]:

Consumer name(s):

Consumer address(es):

Consumer telephone number(s):

Consumer email address(es):

Consumer signature(s) (required only for paper submissions):

Date:

[*] Omit as applicable

Mavis Technologies Ltd, 34-38 Guildhall Road, Northampton, England, NN1 1EW

VAT Reg. # GB455616577

Date of last revision: [*]