Effective date 8 December 2020
These HMD America Terms of Sale together with the documents referred to herein (“Terms”) govern the sale and purchase of products (the “Product(s)”) through our website http://www.nokia.com/phones (“Website”). These Terms do not apply to the sale and purchase of services or insurances through our Website.
The Website is operated by HMD America, Inc., a company incorporated in the State of Florida with its registered office at 1200 Brickell Ave Ste 510 Miami FL 33131 (“HMD”, “we”, “us”).
Please read these Terms carefully and make sure that you understand them before placing orders through our Website. By placing orders through our Website, you unconditionally accept these Terms. If you do not agree to be bound by these Terms, you may not order Products from our Website. These Terms do not affect or limit your statutory rights as a consumer that cannot be limited or excluded under applicable law.
By placing an order through our Website, you are making an offer to us to purchase the Product(s) in your order. Orders are placed through our Website by adding the Product(s) you wish to purchase to your shopping cart. Once you have added the Products to your shopping cart, you can proceed to checkout.
Shortly after our receipt of your order, we will send you an email confirming that we have received your order. Please note that the order confirmation email merely confirms that we have received your order and does not constitute a formal acceptance of your order. All orders placed through our Website are subject to our subsequent acceptance. The decision to accept your order is at HMD’s sole discretion. All Products, prices, and descriptions indicated on our Website are subject to availability and do not constitute an offer by us. HMD reserves the right to withdraw or revise any Products, prices and descriptions indicated on our Website at any time prior to our acceptance of your order.
Once your order has been processed and prepared for shipping, you will receive an email from us acknowledging that your order has been accepted. The email will also contain the shipping details for your order. Our acceptance of your order shall become valid, at the time when the order acceptance email has been sent to you.
While we endeavor to ensure that the Products appearing on our Website are available at all times, we cannot guarantee that all Products are in stock or immediately available when you place your order. We may reject your order if we are unable to process or fulfill it. In the event that your order is rejected, we will refund all payments we have received from you for such Products.
HMD resells services provided by third parties. Your purchase of these third party services may be subject to separate terms and conditions that the third party requires you to accept before purchasing services.
To place orders through our Website, you must meet the following criteria:
The sales prices of our Products are listed on our Website. We reserve the right to change prices at any time and to correct pricing errors that may, despite our best efforts to ensure that prices and other information on our Website is accurate, occur. Our sales prices are exclusive of delivery costs.
Orders that have already been accepted by us will not be affected by any changes in our pricing.
In the event of a pricing error, we will notify you of the error and allow you to either proceed with the transaction at the correct price or cancel your order at no cost to you. You will only be notified of clear and material pricing errors. In no event will HMD be obliged to provide the Product(s) to you at a price that has been obviously or significantly lower than the prevailing retail price for the Product(s) you have ordered.
We accept payment methods displayed at the checkout section of our Website. You can choose to pay with a credit or debit card, PayPal or opt for the Klarna option that will allow you to make your payment in four interest-free instalments.* Once you have placed your order, you will not be able to change the payment method you have chosen.
If you pay by credit or debit card, you must supply your card details at the checkout section of our Website. Payments made with credit or debit cards will be charged once we have accepted your order. To ensure that your card is not being used without your consent, we will validate personal information provided by you during the order process against information held by appropriate third-party databases. By accepting these Terms, you consent to such checks being made.
Orders will only be accepted, and Product(s) delivered to addresses within the United States.
Delivery times are estimates only and may be subject to change as a result of manufacturing delays or events beyond our control. In the event of a significant delay in the delivery of your order, we will notify you separately.
The Product(s) will be delivered to the delivery address you have specified in your order. Once you have placed your order, you will not be able to change the address to which the Product(s) will be delivered to.
15-day right to return. You have the right to return your Products within 15 days of the date on which you, or a person indicated by you, have or has received the Products.
Defective products. If you suspect that the Products you have purchased from us are defective, please notify us within 15 days as described below. HMD reserves the right to inspect all suspected defects and verify them. If you notify us within 15 days from the date Products were received, you will have the option to select a repair, an exchange or a refund. In the event that your Products turn out to be defective later than 15 days from the date the Products were received, please contact us immediately via the contact channels listed below.
Your obligations. You must take reasonable care of the Products while they are in your possession. The Products must be returned in a good and undamaged condition and, if possible, with the original packaging. All manuals, accessories, free items and other components accompanying the Product(s) must be returned in the same packaging. If you fail to comply with these obligations, we may decline to inspect your Product for the suspected defects. We recommend that you obtain a proof of mailing when returning Product(s) to us. HMD has no obligation to accept a refund or exchange if the Product(s) returned is deemed to have been damaged. HMD reserves the right not to accept returns in the event of misuse, neglect, physical damage, tampering, normal wear and tear or incorrect adjustment or installation after purchase.
Return process. In the event that you wish to return your Products, please contact us within 15 days from the date the Products were received either through your My Account or through the order confirmation page of our Website. You can access both your My Account (if created) and the order confirmation page through the link in the order acceptance email. If you have ordered several Products in a single order and the Products have been delivered separately, you may notify us of your intent return the Products within 15 days from the date last Product was received.
Once we have received your request to return the Products, we will provide you with the details on how to return your Product(s) or arrange for their collection.
We will initiate a refund once we have received the Product(s) that are being returned. We will use the same payment method to refund you that you used for your order. If you paid by credit or debit card, your refund will be sent to the card-issuing bank within seven business days of receipt of the returned Product(s). The exact time until you receive the refund depends on your payment bank. Please allow 5-7 days for the refund to appear on your account.
This section does not affect your statutory rights as a consumer.
HMD voluntarily provides a limited manufacturer’s warranty to its Products. The manufacturer’s warranty is separate and offered in addition to your rights described herein and your statutory rights as a consumer. Details of the manufacturer’s warranty can be found with the documentation accompanying your Product(s) and on our Website.
We comply with all applicable privacy and data protection laws. Our Privacy Policy and any additional privacy information made available to you govern the use of your personal data.
EXCEPT WHERE PROHIBITED BY LAW, HMD WILL NOT BE LIABLE FOR DAMAGES THAT EXCEED THE AMOUNT PAID BY YOU FOR YOUR PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, IN NO CASE WILL HMD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
The Product(s) you purchase through our Website may be subject to export control laws and other regulations. You may not export Product(s) purchased through our Website if prohibited by export control laws.
Notices and other communications concerning the agreement between us may be given to you either via email or by sending them to the postal address you have provided to us when placing your order. We may also post notices on our Website.
While we use all reasonable efforts to ensure that the Website is normally available 24 hours a day, we shall not be liable if we fail to reach this level of availability. Access to our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
The Website is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. HMD does not warrant that the Website will be error-free, secure or that it will meet your requirements.
HMD may assign its rights and obligations under these Terms to its corporate parent, any of its subsidiaries, or to any company under common control with HMD. Additionally, HMD may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
HMD is not liable to you for any delay, failure to perform, loss or damage due to causes beyond our reasonable control, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, war, national emergency, terrorism, acts or omissions of carriers or suppliers, systems failure, cyberattacks and acts of regulatory or governmental agencies.
No waiver by HMD of any of these terms and conditions shall be deemed effective unless made in writing and signed by us. HMD’s waiver of any breach of any of these terms and conditions shall not be construed as a waiver of any subsequent breach.
These Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of these Terms is found to be invalid, the remaining provisions will not be affected, and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of these Terms. In the event that one or more provisions of these Terms are not relevant to your purchase of Products from us, it shall not impact the validity or enforceability of any other provision of these Terms or the Terms as a whole. If there is any conflict between these Terms and the Privacy Policy, the provisions of these Terms shall prevail. These Terms are originally written in the English language and the English language version shall control over any translations.
HMD may modify these Terms at any time without prior notice. You are responsible for regularly reviewing the Terms.
These Terms are governed by the laws of the State of New York without regard to its conflicts of law provisions and any disputes shall be settled in the district courts of the State of New York. Additionally, you may have a legal right to submit a dispute related to these Terms to your local consumer protection authority.