Last revised: June 2020
- Company may revise, at its sole discretion and at any time, the Website, including but not limited to its design, content, operation, products sold, promotions, sales, or any features offered therein (the "Services").
- The mere fact that a certain product was put up for sale on the Website on a certain date does not guarantee the continued offering of such product on the Website in the future. Company does not guarantee any minimum volume, availability or selection.
- Purchasing Products on the Website
Notwithstanding the aforesaid, Company may disallow a certain Client to purchase products on the Website
– due to any reason whatsoever, even in the event such Client has already ordered products on Website in
the past. Without derogating from the aforesaid hereinabove, Company may void Clients’ eligibility to
place Website transactions in any of the following cases:
- Incorrect details were provided by the Client during Website registration;
- Client’s action or inaction impacts or might impact the Website, Services, Company or any third parties;
- The Services and/or Website were used by a Client to carry out an illegal act under any applicable law or to allow, aid, abet or encourage the carrying out of such act;
- Client’s breach of the terms of this Agreement.
- Company shall conduct a credit card check through a clearing company for each transaction payment; the transaction will be approved subject to the credit company’s approval. No transactions will be approved for holders of blocked and/or restricted-use credit cards.
- In areas with limited access due to security reasons, MAELYS may place products for Clients in an acceptable, nearby location, to be coordinated in advance.
- Dates and Supply
- It is hereby clarified that you shall have no argument, demand or suit against Company due to shipping, other than arguments related to a breach of the obligations included in this Agreement.
- It is clarified that Company shall not be held liable for delays resulting from incorrect details given by a Client, or delays emanating from the shipping company.
- Changes and Cancellations
- You may cancel a transaction as described in our Returns Policy, and subject to your rights under applicable law.
- In the event a Client did not finish an order, including due to failure to complete details, e.g. name and payment method number, within 14 days of placing the order, Company may cancel the order at its sole discretion.
- Post-shipping cancellation. A product can be returned within 14 days of purchase provided that no use was made, and it is returned in its original packaging. The product is meant for personal use only; opening the packaging shall be seen as product use. Please see our Returns Policy for more information.
- Shipping inspection: you are required to inspect the shipping contents immediately upon receiving it and compare it to both your order and the invoice given to you soon before the shipment, without delaying the courier. Any question or inquiry regarding the supplied order should be referred to customer service via Website’s Contact Page within 24 hours of delivery. In the event the product arrived in any faulty condition, Company shall ensure the supply of a new product to Client at its own expense.
- Pricing Updates
- Company may change product prices as specified below, at its sole discretion and without being required to provide prior notice.
- Taxes and fees
- Items sold on the Website and shipped to locations in the US, including territories may be subject to tax.
- Shipment to countries outside of the U.S. may be subject to taxes such as VAT, 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.
- To obtain details regarding the Actual Import Fees, or to obtain documentation or receipts in connection with customs clearance, you may contact the Designated Carrier specified in your shipment confirmation.
- The Website accepts payment via valid credit cards only or PayPal.
- MAELYS reserves the right to stop accepting any payment method on Website, permit the use of other payment methods, and apply various payment arrangements for credit card types or payment methods accepted by MAELYS.
- Payment terms and schedule shall be decided by Company. Possible payment dates and number of installments shall be displayed to your approval upon order confirmation.
- The Website offers sales promotions, benefits and discounts to its clients. Company may offer promotions, benefits and various discounts on Website as per its needs, and may also, at any time, stop such promotions, benefits and discounts, replace or change them, without being required to provide prior notice.
- Company shall not accept and there will be no multiple promotions, benefits or discounts on Website.
- "Maelys", "Maelys Cosmetics" and the “Maelys" Logo are the trademarks of Company. Company's trademarks may not be used without Company's written permission. Other trademarks, service marks, and trade names that appear on the Website or Services may be registered marks of their respective owners and You are not permitted to use them without the consent of such owners.
- Company retains all right, title and ownerships in and of the Website and Services or any part thereof, including without limitation, their design and layout, contents (excluding User Content), copyrights, patents, trademarks, service marks and logos, database whether registered or not (the "Materials"), except as expressly excluded in this Agreement.
- You are granted only a limited and revocable right to use the Website and Services, subject to the terms of this Agreement, and for personal use only. Under no circumstances will you acquire any right, interest or title to any part of the Site, Services or Materials.
Your use of the Website and Services is subject to the following restrictions:
- You may not use, sell, rent, lease, copy, modify, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, or otherwise make unauthorized use of the Materials, without the Company's prior explicit written consent; Likewise, You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website or Services, without the Company's prior explicit written consent;
- Except as expressly stated herein, no part of the Website, Services or Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without the Company's prior explicit written consent;
- You shall not access the Website or Services in order to build a similar or competitive service;
- You may not use the Website and Services in connection with material which promotes illegal activities, or the violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade secret information of any third party), data protection and privacy, including, but not limited to, content which disseminates another person's personal information without his or her permission;
- The Website and Services may not be used or accessed by any automated machine, bot, spider, or such other automated feature or service;
- You shall not impersonate any person or entity or otherwise misrepresent affiliation, connection or association with any person or entity, or use any fraudulent, misleading or inaccurate contact information;
- You may not remove, circumvent, disable, damage or otherwise interfere with any features of the Website, or attempt to gain unauthorized access to any portion of the Website or Services through any means, or interfere with, corrupt, or disrupt the operation or performance of the Website or the ability of any other person to use the Website or Services, including, without limitation, transmitting content that contain any viruses, worms, Trojan horses, or other destructive items or harmful codes, or placing excessive load on the servers, or attempting to degrade the performance of the servers in any way;
- You may not violate other users' or third parties' rights to privacy, publicity and other rights, or harvest, scrape, data aggregate, data mine, screen scrape, index or collect data and information about other users or third parties without their consent, whether manually, or automatically with the use of any means, including without limitation bots, crawlers, spiders, sifters and load testers, without the express written consent of the Company, or engage in testing, pen-testing, sniffing or monitoring of the Service, its systems, software or hardware in any way;
- You may not use the Website or Services in connection with material which a reasonable person could deem to be: offensive, inaccurate, incomplete, abusive, obscene, objectionable, defamatory, libelous, fraudulent or deceptive, indecent, pornographic, profane, threatening, advocating harassment or intimidation, distressing, vulgar, hateful, malicious, harmful for minors, racially or ethnically offensive, advocating racism, bigotry, hatred or physical harm of any kind against any group or individual, or disparaging the religious, political, or legal agenda of any person or entity, or is otherwise inconsistent with this Agreement including any of our policies;
- Company reserves the right, at any time, to modify, suspend, or discontinue the Website or Services or any part thereof with or without notice. You agree that Company will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Website or Services or any part thereof.
- "User Content" means any and all information and content that You submit to, or use with, the Website or Services (e.g., user reviews, photos etc.). If you upload User Content to the Website, You hereby represent and warrant that: (a) You are the owner of the User Content, or have sufficient rights and authority thereto; and (b) Your User Content does not violate the Agreement; and (c) your User Content does not contain any virus, adware, spyware, worms, or other harmful or malicious code. You alone are responsible for Your User Content.
- By posting or uploading User Content, You hereby grant, and You represent and warrant that You have the right to grant, to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content, and to grant sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to User Content.
- If You provide Company any feedback or suggestions regarding the Website or Services ("Feedback"), You hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback You provide to Company as non-confidential and non-proprietary. You agree that You will not submit to Company any information or ideas that You consider to be confidential or proprietary.
- We reserve the right (but have no obligation, except as and to the extent required by applicable law) to review any User Content, investigate, and/or take appropriate action against You in our sole discretion (including removing or modifying Your User Content, terminating Your account, and/or reporting You to law enforcement authorities) if You violate any other provision of this Agreement or otherwise create liability for us or any other person.
- Company is not obligated to backup any User Content and User Content may be deleted at any time. Each Website user is solely responsible for any and all of its User Content. Company does not control User Content, nor shall Company be responsible for any User Content. Company makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. You are solely responsible for Your User Content. You assume all risks associated with use of User Content, including with regard to any reliance on its accuracy, completeness or usefulness by others, or with regard to any disclosure of Your User Content that makes You or any third party personally identifiable.
- The Website might contain links to third party services, websites and advertisements for third parties (collectively, "Third Party Services"). Such Third Services are not under the control of Company and Company is not responsible for any Third Party Services. Company provides these Third Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Services. You use all Third Party Services at Your own risk.
- When You use a Third Party Service, the applicable third party's terms and policies apply, including such third party's privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before interacting with such Third Party Services.
- To the fullest extent permitted by law, You hereby release and forever discharge Company (and its officers, employees, agents, successors, and assignees) from, and hereby waive and relinquish, each and every past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature, that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Clients or Third Party Services.
- You agree to indemnify, defend, and hold Company (and its affiliated companies, subsidiaries, contractors, officers, employees, and agents) harmless, from any claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys' fees, made by any third party due to or arising out of (a) Your use of the Website or Services, (b) Your User Content, or (c) Your violation of this Agreement or of applicable law (d) a violation of the rights of any other person or entity by you, or of any intellectual property right, publicity, confidentiality, property or privacy right. Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
- IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
- THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO WARRANTY THAT THE WEBSITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. IN NO EVENT SHALL COMPANY IS LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED US DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- This Website provides general information in various fields, whether by direct correspondence, articles, ads or other methods. However, it is hereby clarified that the information provided on the Website does constitute or replace medical advice or consultation and should not be regarded as such; Any Client who suffers from any medical issue, including skin problems, allergies or any sensitivities – must consult with a physician prior to using any product. Under no circumstances shall Company be held liable for any use of a product or reliance on any information, in contradiction to the above.
- Company respects the intellectual property of others and asks that users of our Website and Services do the same. In connection with our Website and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Website and Services who are repeat infringers of intellectual property rights, including copyrights.
If You believe that one of our users is, through the use of our Website and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that You claim to have been infringed;
- Identification of the material on our services that You claim is infringing and that You request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that You have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- 7.a statement that the information in the notification is accurate, and under penalty of perjury, that You are either the owner of the copyright that has allegedly been infringed or that You are authorized to act on behalf of the copyright owner.
For any copyright related inquiries please contact us using the below details:
Email: [email protected]
Address: MAELYS COSMETICS USA INC
251 Little Falls Drive
Wilmington, New Castle, Delaware,
United States of America
- Company shall take all reasonable steps to secure the information provided by the user. However, it is clarified that Company cannot perfectly secure its information system and communications against unauthorized penetration and prohibited use by third parties. Therefore, Company shall not be held liable, directly or indirectly, to unauthorized penetrations of others or as a result of actions and/or inactions not under Company’s control.
- Company reserves the right, at its sole discretion, to periodically amend or revise the terms of this Agreement; material changes will be effective immediately upon the publication of the amended Agreement. Your continued use of the Website or Services, following the amendment of the Agreement, constitutes your acknowledgement and consent of such amendments to the Agreement. The last revision will be reflected in the "Last revised" heading above.
- The Company may assign its rights according to this Agreement to any third party at its sole discretion. You may not assign or delegate your rights according to this Agreement, without the Company's prior written consent.
- If any part of this Agreement is deemed void, unlawful, or for any reason unenforceable or invalid, then that part shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of the Agreement.
- Failure to assert, at any time, any right, or require performance with regard to this Agreement by or on behalf of the Company shall not constitute concession, yield, waiver or relinquishment of any sort, and shall not limit the Company's rights with respect to such breach or any subsequent breaches. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
- Use of the Website shall be governed by the laws of the State of Israel.
- Exclusive jurisdiction in any matter resulting from use of the Website shall be given to the competent courts of law in Tel Aviv only.
- If you have any questions about our Website or Services, you can contact us at [email protected].