Last revised: March 2026
Important notice regarding arbitration for U.S. customers:
When you agree to these terms, you are agreeing (with limited exception) to resolve any dispute between you and MAЁLYS through binding, individual arbitration rather than in court. Please review carefully the “agreement to arbitrate” below for details regarding arbitration.
1. General
These Terms of Use set forth the legally binding terms ("Agreement") between us, MAЁLYS Cosmetics USA Inc. ("MAЁLYS", "Company", "us", "our", and "we”) and yourself ("Client" or "You"), a user of the Website and/or of our Services (as defined below) with respect to your use of the Website(s) located at https://www.maelyscosmetics.com/, https://www.maelyscosmetics.net/, https://www.maelys.co.il/, and/or any domain, sub-domains and/or mobile applications associated therewith ("Website").
By accessing or using the Website and/or Services, You are accepting this agreement and You represent and warrant that You have the right, authority, and capacity to enter into this Agreement. If You do not agree with all of the provisions of this Agreement, including our Privacy Policy, which forms an integral part of this Agreement, please do not access and/or use the Website or Services.
2. Products
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.
3. Purchasing Products on the Website
Subject to the provisions of this Agreement, any lawful holder of a valid credit card may purchase products on the Website, provided they have given the information requested during the purchase process. All PayPal users may also purchase products on the Website subject to PayPal’s terms of use and agreement with Company.
Notwithstanding the aforesaid, Company may disallow a certain Client to purchase products on the Website, for any reason whatsoever, even in the event such Client has already ordered products on the 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, MAЁLYS may place products for Clients in an acceptable, nearby location, to be coordinated in advance.
4. 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.
Risk of loss and title for items purchased by You passes to You upon our delivery of the items to the carrier. Replacement of products or refund for shipped merchandise claimed as not received are subject to our investigation, which may include postal service notification.
5. Returns & Exchange Policy
Eligibility for return
This policy applies only to orders made through maelyscosmetics.com. Items purchased from other retailers cannot be returned or exchanged on our website.
Try Before You Buy returns must be initiated within the Try Before You Buy period (for more information, see the MAЁLYS TRY BEFORE YOU BUY TERMS AND CONDITIONS. All other returns must be returned within 60 days of the delivery date.
Products may be returned only using a return shipping label provided by MAЁLYS, whether through our customer support team or via our website, following your request to return the products. The date on which the return shipping label is scanned by the shipping carrier shall constitute proof of the return initiation date.
To be eligible for a refund or exchange, products must be returned, whether empty, partially used, or unopened (for subscription recurring orders, please see below).
If free products were included with the order and all items in the order are being returned, the free products must also be returned to qualify for a return.
Any subscription recurring order following your initial subscription order can only be returned if the products are unopened and in their original packaging.
We hereby reserve the right to inspect the returned products to ensure they meet the eligibility criteria as outlined in this policy. If the returned items do not meet these criteria, you may not be eligible for a refund or trial cancellation, and the items may be returned to you at your expense. Shipping or handling fees are always non-refundable.
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.
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 questions or inquiries regarding the order should be directed to customer service via the 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.
How to returnFor Try Before You Buy orders, please click HERE
For US and UK orders:
To return any product, please reach out to us using the CONTACT US page on our Website or email us at [email protected] with the following subject line: "REFUND - ORDER #12345678” to receive a prepaid return label. The email must specify the products you wish to return and, if possible, the reason for returning. Following you request our customer service team will provide a prepaid shipping label. Returns must be sent using the return label provided by MAELYS. Once you receive the return label from us, please affix the printed prepaid return label to the outside of the box and ship it back to us (drop at the relevant carrier based on the printed label). If you experience any problems downloading your return label or following the return process, please contact [email protected] with your order number, the products you’d like to return, and specify any issues with the return.
For International orders (Not US or UK)
In order to return products please send it back to us via a traceable method to the address written below. Please make sure to keep the tracking information should we need it for tracking purposes. Please note that we do not provide a prepaid return label for international orders and the return will be at the expense of the customer.
KLB GLOBAL
183 Three Brooks Rd
Freehold NJ 07728We can’t accept COD deliveries.
MAËLYS Cosmetics reserves the right to change and update this return policy at any time.
You are welcome to contact customer service with any questions by email at [email protected].
6. Pricing Updates
Company may change product prices as specified below, at its sole discretion and without being required to provide prior notice. However, for Subscribe & Save orders, we will provide advance notice of any price change that will apply to your next shipment (for example, via your order review / pre-shipment email), and you may cancel or edit your subscription before the next charge.
7. Taxes and fees
US
Items sold on the Website and shipped to locations in the US, including territories may be subject to tax.
UK
For customers in the United Kingdom, prices displayed on the Website include VAT where applicable.
International
Shipment to countries outside of the U.S and the UK. 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.
8. Payment Method
The Website accepts payment via valid credit cards PayPal, Apple Pay, and AfterPay.
All PayPal users may buy MAЁLYS products subject to this Agreement and PayPal's terms of use.
MAЁLYS reserves the right to stop accepting any payment method on the Website, permit the use of other payment methods, and apply various payment arrangements for credit card types or payment methods accepted by MAЁLYS.
Transactions with customers outside of the USA may be processed and/or collected by one of MAЁLYS' affiliated companies: MAЁLYS EU COSMETICS 2017 LTD., MAЁLYS COSMETICS AUS 2022 PTY LTD., MAЁLYS COSMETICS CAD 2022 INC., MAЁLYS COSMETICS LTD., MAЁLYS COSMETICS UK 2022 LTD.
9. Payment Terms and Schedule
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.
10. Promotions, Benefits and Discounts
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.
11. Proprietary rights
"Maelys", "Maelys Cosmetics" and the “MAЁLYS" 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.
12. Acceptable Use Policy; Restrictions On Use
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;
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.
13. User Content
"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.
14. Third Party Services
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.
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." IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.
15. Indemnity; Limitation on Liability; Disclaimer of Warranties
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, products 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.
THE WEBSITE, INCLUDING ANY PRODUCTS SOLD AND SERVICES RENDERED THROUGH IT, ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO WARRANTY THAT THE WEBSITE, PRODUCTS 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 BE 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, PRODUCTS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE, PRODUCTS AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING BUT NOT LIMITED 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 OR 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 not 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.
16. Copyright Policy
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
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.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
For any copyright related inquiries please contact us using the below details:
Email: [email protected]
Address: MAЁLYS COSMETICS USA INC
251 Little Falls Drive
Wilmington, New Castle, Delaware,
19808,
United States of America
17. Miscellaneous; Privacy and Data Protection
Privacy. By submitting personal data through the Website or Services, You agree to the terms of Company's Privacy Policy, as may be amended from time to time, which forms an integral part of this Agreement.
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.
18. Amendments to this Agreement
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.
19. Miscellaneous
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.
20. Agreement to Arbitrate for U.S. Customers
This Section 20 applies only to customers in the United States and to purchases made through MAЁLYS Cosmetics USA Inc.You and MAЁLYS agree that any dispute, claim or controversy arising out of or relating to these Terms, the Services or Products provided, any similar prior agreement, any communications between you and MAЁLYS (including calls, text messages, and emails), or the relationship between you and MAЁLYS (collectively, “Disputes”) will be settled by confidential binding arbitration, except that each party retains the right to bring an individual action in small claims court.
You acknowledge and agree that you and MAЁLYS are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and MAЁLYS otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “AGREEMENT TO ARBITRATE” section will be deemed void. Except as provided in the preceding sentence, this “AGREEMENT TO ARBITRATE” section will survive any termination of these Terms.ARBITRATION RULES The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
ARBITRATION PROCESS: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
ARBITRATION LOCATION AND PROCEDURE Unless you and MAЁLYS otherwise agree, the arbitration will be conducted in the county of your residence. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
ARBITRATOR’S DECISION The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the "Limitation on Liability" section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.
21. Governing Law, Jurisdiction, and Mandatory Consumer Rights
21.1 These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or the Services, are governed by the following laws, without regard to conflict of laws principles, except to the extent mandatory consumer protection laws in your jurisdiction of residence apply and cannot be excluded by contract:
- for customers in the United States, Section 20 governs any dispute that is subject to arbitration. For any dispute that is not subject to arbitration and must be heard in court under applicable law, the state and federal courts located in Delaware will have exclusive jurisdiction, to the fullest extent permitted by law.
- for customers in the United Kingdom, the laws of England and Wales;Nothing in these Terms limits any mandatory rights or remedies available to UK consumers under applicable law.
- for customers in Australia, the laws of New South Wales; and nothing in these Terms excludes, restricts, or modifies any non-excludable rights or remedies under applicable Australian consumer law.
- for customers resident in Québec, these Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or the Services, are governed by the laws of Québec and the applicable federal laws of Canada. Nothing in these Terms excludes, restricts, or limits any mandatory rights or remedies available to Québec consumers under applicable law, including the Consumer Protection Act (Québec). To the extent a dispute must be heard by a court under applicable law, the courts of Québec having jurisdiction shall have jurisdiction.
- for customers resident in Canada, other than Québec, these Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or the Services, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, except to the extent mandatory consumer protection laws in the customer’s province or territory of residence apply and cannot be excluded or waived by contract. Nothing in these Terms excludes, restricts, or limits any mandatory rights or remedies available under applicable Canadian consumer protection law.
- for other customers, the laws of the jurisdiction of the contracting MAЁLYS entity identified at checkout, in the order confirmation, or on the relevant local website, unless otherwise required by applicable law. Nothing in these Terms excludes, restricts, or limits any mandatory rights you may have under applicable consumer protection law.
22. Contact Us
If you have any questions about our Website or Services, you can contact us at [email protected].
MAЁLYS loyalty program terms conditions
General Overview
The Maelys Loyalty Program Terms and Conditions (the “Program”) is a loyalty program offered by Maelys (the “Company”, “us”, “our” or “we”) to its customers. The Program allows persons who have completed the membership enrolment steps (a “Member”) to collect Points when making purchases on Company website or by completing various engagement tasks ("Points"). Members acquire no vested right to the entitlement of, or to the continued availability of, any particular reward, benefit or redemption level.
The terms and conditions set forth herein (the “Program Terms”) govern the Program. The Company in its sole discretion can, restrict, suspend, amend, extend or otherwise alter the Program Terms at any time and without prior notice. By using or enrolling in the Program, You accept and agree to be bound by these Terms and Conditions. We encourage Members to review the Program Terms each time they use the Program.Program membership
Membership Enrollment
Membership is free and no initial purchase is required in order to become a Member. To become a valid Member, You must complete the enrolment process by providing complete and accurate information and indicating your acceptance of the Program Terms. By enrolling in the Program, each Member agrees to the Program Terms, as they may be amended from time to time. Notably, all customers will collect Points, yet, Points redemption can be done only by Program Members, i.e. registered customers.We are committed to protecting the privacy and security of all personal information collected from Members, as described in our Privacy Policy. By enrolling in the Program You understand that through your use of the Program, You consent to the collection and use of this information. Furthermore, as part of providing You the Program, we may need to provide You with certain communications, such as service announcements and administrative messages. Additionally, by sharing your email address and as an active customer and Program Member, we or our service providers may communicate to You special offers, services, promotions and program information. You can unsubscribe from receiving such messages at any time by updating your online account, by contacting customer service of the applicable entity, or by clicking unsubscribe at the bottom of any promotional email.
Passwords and Security
In order to enroll in the Program, You will have to register and create an account by providing an email address and password. Only one Program Member account (“Account”) is permitted per person. You are responsible for maintaining the confidentiality of your account credentials. You agree not to use the account credentials of any third party or disclose your account credentials to any third party. You are responsible for any and all activity that occurs on your Account. If You suspect any unauthorized use of your Account, You must notify us immediately. You agree to provide us with correct and complete information at all times and inform us of any changes to the information You have provided.Suspension Rights
If the Company determines that a Program Member has abused any of the Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to the Company the Company may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, revoking any or all of the Points in such Program Member’s Account, or revoking the Program Member’s membership in the Program, in each case, with or without advance notice to the Member and without liability to the Company.Points will not be awarded if in the Company’s reasonable opinion the merchandise purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited. If a Member was awarded Points for an offer or promotion in which a Member purchased product(s) in excess of reasonable quantities, the Points awarded as a result of that offer or promotion may be forfeited without prior notice and the Account may be suspended or closed.
Change in Information
Program Members are responsible to advise the Company immediately of any change to their contact information. The Company will not be responsible for any misidentification resulting in non-eligibility or communications not received by a Program Member, provided that the Company relied on the information, or sent such communication using the contact information then on file from such Program Member.Inactive Accounts; Account Closure
A Program Member Account is deemed to be inactive if Points are not earned in connection with such Account for one (1) year. Once an Account is deemed to be inactive, all Points in such Account may, in the Company’s sole discretion, be deemed to have been forfeited by such Member, with or without notice. Points are reduced to zero upon closure of a Membership.Reward Method
Points Collection
The Program is Points based and is divided into 3 tiers (the “Tiers”). Each tier has different benefits. The highest tier includes all benefits of lower tiers and more. Our Tiers benefits include, but not limited to, Points Multiplier, Birthday Reward, Free Samples, and Early Access to New Products, Free Shipping (for domestic orders only), Exclusive Full Size Product Rewards, and Free Skin Care Consultation etc. Tiers upgrade or downgrade are based on money spent within a 12 months period. The ratio of money spent to Points will change according to the Tier.Users can earn Points from making purchases in the Company website (the “Website”) regardless of method of payment, provided that their email address is provided at the time of purchase.
Every $1 USD spent equals to 1 Point received (same as Euro, AUD, CAD & GBP).
Users can also earn Points for completing various engagement tasks (the "Tasks") in the Website, e.g. reading a blog article, follow the Company on applicable social media platform, write a review etc. Some of the Tasks can be done repeatedly while others can only be done once per user.
Points will be added to your account within 30 days of making a purchase or completing a Task. All Points will expire after 12 months of inactivity. In this context, inactivity refers to customers who have not earned or redeemed any Points within the selected time frame.
Program Member gets 100 Points for their birthday. If a Program Member enrolls at the same month of his/her birthday, the benefit will be provided to the Program Member in a delay of 30 days from the date of enrollment.
Points Redemption
Only one (1) redemption can be made per order.Points can be redeemed either: (a) for items identified from time to time by the Company (“Eligible Products”) or (b) in exchange for a discount, whereby every 100 points equals $10 USD (same as Euro, AUD, CAD & GBP).
Points can only be redeemed in a certain amount, according to the following options: USD, Euro, AUD, CAD and GBP – $10/ $20 (i.e. 100/ 200 Points).
A Member must provide his/her email address when redeeming Points to protect the integrity of the Member’s Points balance. Each Member is responsible to ensure that the email address is correct. The Company reserves the right to block redemptions where the email address is inaccurate or incomplete.
In order to redeem Points, whether in exchange for discount or for Eligible Products, a paid product must be in the cart while checking out.
Value; Transferability
Points have no cash value and are not exchangeable for cash. The accumulation of Points does not entitle the Program Members to any vested rights, and the Company does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. The Company assumes no liability to Members as regards the addition or deletion of items from or for which Points can be collected or redeemed.Points cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any Points so acquired are void
Return and Exchange
In the event of a return or exchange of any eligible purchase that initially earned Points, such Points will be deducted automatically from the Account that was used for the eligible purchase (whether or not the email address is presented at the time of return or exchange). Points will be deducted at the same rate as they were earned.Points vs. Coupons
When using both Points and coupon code (which are not for Program Members only) the Points will be deducted first and the coupon code discount will be redeemed later.Program Members can earn additional Points for referring friends, whereby the referrer and each referral shall receive a $15 USD coupon code.
SUBSCRIBE & SAVE SERVICE TERMS & CONDITIONS (US AND UK ONLY)
Subscribe & Save is a recurring order program that allows you to purchase eligible products on a repeating basis at the frequency selected by you, subject to availability and these Terms.
Eligible Subscribe & Save items will receive the subscription discount disclosed at checkout on your initial Subscribe & Save order and on each recurring subscription order for so long as the subscription remains active, unless and until we notify you in advance of a change in accordance with these Terms. If an order includes both Subscribe & Save items and one-time purchase items, only the Subscribe & Save items will qualify for the subscription discount. Any promotional subscription discount offered on the initial Subscribe & Save order may not be combinable with other promotions, unless we expressly state otherwise.
You may enroll in Subscribe & Save while browsing an eligible product page or while reviewing eligible products in your shopping cart. To start a subscription, simply select the Subscribe & Save option for the applicable product, choose your preferred shipment frequency and, where available, your preferred delivery day, and complete the checkout process. By completing checkout with the Subscribe & Save option selected, you agree to enroll in the subscription program for that product, subject to these Terms.
Before you complete enrollment, we will provide the material subscription terms in a clear and conspicuous manner, including the recurring nature of the subscription, the billing frequency, the amount to be charged or method of calculation, the cancellation method, and any applicable introductory offer, discount, or minimum commitment.
By enrolling in Subscribe & Save, you authorize us to charge your selected recurring payment method for each recurring order until you cancel. We do not need to obtain any additional authorization for each recurring charge.
For Subscribe & Save orders, only payment methods that support recurring billing and are expressly offered at checkout may be used. Some payment methods, including certain digital wallets, gift cards, or one-time payment methods, may not be available for recurring charges.
We will send you a reminder before your next recurring order, generally approximately 7 days before the order is processed, identifying the upcoming shipment and explaining how to manage your subscription before the next charge.
You may manage your subscription through your account, including changing shipment frequency, skipping an order, pausing a subscription, updating your address or payment method, or cancelling the subscription, up to the cutoff stated in your account or reminder communication. Changes requested after the cutoff may apply only to future orders. You may also update the default payment method for your subscription through the payment details section of your account, or through another account settings page we make available from time to time.
If you have an active subscription and are logged into your account, we may allow you to add eligible one-time purchase items or additional subscription items to your upcoming recurring order, subject to availability and any cutoff times we disclose. Where this feature is available, you may add an item to your upcoming recurring order either as a one-time delivery item or as an additional Subscribe & Save item. If you add an item as a one-time delivery item, it will not receive the subscription discount. Only products selected as Subscribe & Save items will receive the subscription discount.
Where available, you may also reactivate an eligible paused or cancelled subscription through your account or another method we make available.
The price charged for each recurring order will be the price of the subscribed product at the time the recurring order is processed, plus applicable tax, shipping, and handling charges, unless otherwise clearly stated. If the price of your subscription product or the billing interval changes, we will provide advance notice before the new charge applies, and you may cancel before that next charge is processed.
Unless we expressly state otherwise, recurring subscription orders after your initial Subscribe & Save order may not be eligible for additional sitewide promotions, gift-with-purchase offers, or one-time discounts. Free standard shipping may apply to your initial Subscribe & Save order only. Beginning with your second subscription shipment, the shipping charges shown at the time the recurring order is processed will apply to each recurring shipment.
If a recurring charge fails, we may retry the payment method up to three times at intervals determined by us before skipping the shipment, suspending the subscription, or cancelling it. Credit card failures and fraud prevention methodologies may prevent order completion. If your recurring payment fails and you do not update your payment details after we notify you, we may cancel your subscription.
We may suspend, modify, or terminate Subscribe & Save for legitimate business reasons, including product discontinuation, unavailability, pricing errors, fraud prevention, payment failure, abuse, or legal or regulatory reasons. Where reasonably practicable, we will provide advance notice. If we terminate a subscription after charging you for unshipped items, we will refund the amount charged for those unshipped items.
For returns and exchanges, see the Returns and Exchanges policy Here.
You may purchase certain products using our “Try Before You Buy” option as made available by and through the Website.
By placing a Try Before You Buy order, You authorize us to charge your credit card, PayPal account, Apple Pay or any other chosen payment method ("Payment Method") immediately for a nonrefundable shipping and handling fee (including tax if applicable) and to charge the full price of any or all products for which You do not initiate a return or exchange in accordance to these Terms and Conditions, and have not been returned (the return label provided was scanned by the carrier) during the “Try Before You Buy” trial period mentioned in the relevant product page, counted from the date of delivery as provided by the carrier (such time period, the “Try Before You Buy Period”), unless extended at MAЁLYS’ customer support’s discretion. Products are not eligible for a refund after the end of the Try Before You Buy Period. For more information on our returns and exchange policy see the Returns and Exchanges Policy for Try Before You Buy Products Here.
You acknowledge and agree that MAЁLYS may keep your credit card or any other Payment Method details on file to facilitate the Try Before You Buy option and does not need to obtain any additional authorization from You to charge for products not returned during the Try Before You Buy Period at any given time. Your Payment Method may be subject to preauthorization, a temporary hold, of the full purchase price of your Try Before You Buy order, which may reduce the available balance or credit limit of your Payment Method for the duration of the temporary hold.
MAЁLYS may approve your Try Before You Buy purchase for none, some, or all of the products You selected for trial at the time for purchase. Any product(s) removed from the trial due to Payment Method authorization issues will not be shipped, and the customer will be notified accordingly.
Subject to product availability, a Try Before You Buy order (a) is only available for your first purchase of an applicable product; (b) can include up to five “Try Before You Buy” items in one single order; (c) eligible for only up to two exchanges; (d) must be placed separately from a standard purchase method; and (e) are only available for deliveries to and returns from the US.
- Returns and Exchanges for Try Before You Buy orders:
This Returns and Exchanges Policy applies only to orders placed through maelyscosmetics.com. Products purchased from third-party retailers or other websites are not eligible for return or exchange through our website.
Try Before You Buy returns must be initiated within the applicable Try Before You Buy period, as described in these Terms.
If you would like to return or exchange products, log in to “My Account” and click “Manage My Trial” to get started and download the label. Note, the return label must be scanned by the shipping carrier within the Try Before You Buy period, in order to be eligible to return the products without being charged. The date on which the return label is scanned by the shipping carrier will serve as the date the return was initiated.
If free products were included with your order and all items purchased in the order are being returned, the free products must also be returned to qualify as an eligible return.
Except as otherwise stated in these Terms, products may be returned whether empty, partially used, or unopened. If free products were included with the order and all purchased items in the order are being returned, the free products must also be returned in order for the return to remain eligible.
We reserve the right to inspect all returned products to confirm that they meet the eligibility requirements of this Policy. If returned items do not meet the applicable eligibility criteria, you may not be entitled to a refund, exchange, or, where applicable, Try Before You Buy cancellation, and the items may be returned to you at your expense.
Original shipping and handling charges are non-refundable.
If you choose to return a Try Before You Buy product and, instead of receiving a refund, elect to exchange it for a different product, you will receive the newly selected replacement product, and such replacement product shall not be eligible for any further exchange.
You may choose to cancel a Subscribe & Save subscription selected with a Try Before You Buy product that is returned or exchanged during the Try Before You Buy Period or, if Youyou select otherwise, request the Subscribe & Save plan to be updated for a subscription of the exchanged product.
For more information on the terms of the Subscribe & Save subscription plan go to the "Subscribe & Save Service Terms and Conditions" section in the Terms and Conditions.
The MAЁLYS Cosmetics USA Inc mobile message service (the "Service") is operated by MAЁLYS Cosmetics USA Inc (“MAЁLYS Cosmetics USA Inc”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to MAЁLYS Cosmetics USA Inc’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of MAЁLYS Cosmetics USA Inc through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that You do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with MAЁLYS Cosmetics USA Inc. Your participation in this program is completely voluntary.
We do not charge for the Service, but You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Reply or text the single keyword command STOP to 78840 (US only) or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by You. If You have subscribed to other MAЁLYS Cosmetics USA Inc mobile message programs and wish to cancel, except where applicable law requires otherwise, You will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, reply HELP or text HELP to 78840 (US only) or email [email protected].
We may change any short code or telephone number we use to operate the Service at any time and will notify You of these changes. You acknowledge that any messages, including any STOP or HELP requests, You send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If You get a new mobile number, You will need to sign up for the program with your new number.
To the extent permitted by applicable law, You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action You may or may not take in reliance on the information or Service.
MAЁLYS Try Before You Buy terms and conditions (Only for the US Customers)
MOBILE TERMS OF SERVICE
We respect your right to privacy. To see how we collect and use your personal information, please see Privacy Policy.