Terms Applicable to Use of Milli Mylk Website(s)
Effective as of March 1, 2022
Certain services, promotions and features may have additional guidelines, restrictions and rules, and those additional guidelines, restrictions and rules are incorporated into these Terms and also govern your use of the Site, except as otherwise specifically stated in these Terms.
If you are using the Site on behalf of any business, organization or other entity, you warrant that you are authorized to bind such entity to these Terms and to accept them on such entity’s behalf.
All orders for products or services and any other actions you take on the Site also are subject to all applicable federal, state or provincial, and local or municipal laws, statutes, rules, ordinances, regulations and directives, including but not limited to laws regarding trademarks, copyrights, rights of privacy and publicity, and export control, as described further in these Terms. We reserve the right to make changes to these Terms at any time and without prior notice to you. We recommend that you periodically re-visit this page to review and familiarize yourself with the current Terms. Your continued use of the Site after we post any changes will constitute your acceptance of those changes. By ordering products and/or using our services, you acknowledge that you have read these Terms and that these Terms are binding and enforceable against you. The Company has no duty to modify or update its Site or any of its applications, and is not liable to you for any failure to do so.
If you do not agree with these Terms, you should immediately cease using our websites and mobile sites. The Site is operated by Milli Mylk, Inc., with an office at 601 W 26th St. Suite 1285, New York, NY 10001
Use of Our Site
Unless specifically authorized by The Company in writing, you may not reproduce, copy, sell, reverse engineer, create derivative works of, or otherwise exploit for commercial purposes, the Site. We reserve the right at any time to alter or discontinue any website, mobile site or application, in whole or in part, without notice to you. Your access to the Site may be suspended or withdrawn at any time and from time to time without notice to you.
Use of the Site is void where prohibited. You must be at least 13 years old to access, browse and use our websites and mobile sites, and to download, install or access any The Company application. If you are underage and wish to use the Site, you must get consent from a parent or guardian first. By using the Site, you understand and agree that you may be exposed to information, comments, reviews, data, images, photographs, videos, files and other materials (“Content”) posted by The Company, its third party suppliers or service providers, or by other Site users that you may find offensive or objectionable.
We take reasonable steps to ensure that the information, content, images, text or links contained in the Site are accurate and complete; however, we make no representation or warranty as to the completeness or accuracy of such information, content, images, text or links. The Company hereby disclaims any and all liability for any omissions or errors in or to the content of the Site generally. This includes typos or other errors with respect to product pricing.
We make no warranty that your use of the Site will be uninterrupted or error-free. We do not warrant that the Site will be compatible with all software and hardware that you may use, and we are not liable for any damage to any of your equipment, software, data or other property as a result of your use of the Site. You should always preserve your original Content (or make a backup copy) before submitting any Content to the Site, as we will not be liable for any damage to or loss of your information, comments, reviews, data, images, photographs, videos, files or other materials.
We reserve the right to make periodic repairs and carry out maintenance on the Site at any time and from time to time without notice to you. Our Site is independent from any operating platform and are not associated or affiliated with, sponsored or endorsed by, or in any other way linked to a platform operator. Your use of any given platform is subject to the terms and conditions of your platform operator and your wireless service provider.
Using certain features of our Site may require specific hardware and/or Internet connectivity and appropriate telecommunications links, which may change over time. You are responsible for any internet connection fees and mobile carrier costs you may incur while using the Site.
The Company specifically prohibits any use of the Site in any way that violates (or promotes or facilitates the violation of) any applicable federal, state or provincial, or local or municipal law, statute, rule, ordinance, regulation or directive, or is otherwise fraudulent or criminal. While using any of the Site, you agree not to:
- Upload to, transmit through, or display on any of the Site any Content that is racially, sexually or ethnically offensive, obscene, indecent, harassing, or that is discriminatory based upon race, gender (including gender identity), sex, color, religion, creed, national origin, age, sexual orientation, marital status, disability or veteran’s status;
- Upload to, transmit through, or display on any of the Site any Content that is unlawful, fraudulent, threatening, abusive, libelous (including trade libelous), defamatory or otherwise objectionable;
- Engage in any activity that can be seen as hate speech, or as advocating or inciting terrorism, violence or harm to others;
- Defame, abuse, stalk, threaten or otherwise violate the privacy or publicity rights of others;
- Depict or describe sexually explicit conduct, inappropriate nudity, or pornography involving adults or children;
- Depict or describe the use of illegal drugs or other substances;
- Infringe our or any third party’s copyrights, patent rights, trade secrets, trademarks or service mark rights, or any other intellectual property rights, including by disclosing without permission any confidential, proprietary or trade secret information of ours or of any third party;
- Transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in any activity that may impact our electronic systems or the electronic systems of others, including without limitation defacing all or any portion of the Site, or restricting or inhibiting access to our Site including by engaging in a “denial of service” attack, spamming, or transmitting any viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Send communications from an unknown source disguised as a source known to the recipient (spoofing) with the intent of committing fraud or other malfeasance;
- Provide inaccurate, false or misleading contact information, with the intent of impersonating another individual or entity;
- Modify, adapt, translate, reproduce, copy, resell, distribute, reverse engineer, decompile or disassemble all or any portion of the Site, including by removing or attempting to remove any copyright notices, trademarks, trade names, logos or other intellectual property from the Site;
- Access without permission, interfere with, damage or disrupt all or any part of an application; any equipment or network on which the application is stored; any software used in providing the application to you; or any equipment, network or software owned or used by any third party;
- Engage in any commercial activity, except as specifically permitted by these Terms; or
- Promote any other illegal activity, including without limitation violation of laws, statutes, rules, ordinances, regulations and directives regarding export control, unfair competition, anti-discrimination, false advertising and data privacy.
Some services provided through our Site may permit you to send and receive transmissions. We have no liability with respect to such transmissions or for any Content sent or received by you. We have the right in our sole discretion to limit the size and number of transmissions received or sent through our Site, and to change such limits at any time.
Any Content submitted by you to the Site is subject to review and examination by The Company to ensure, among other things, your compliance with these Terms and all applicable laws, statutes, rules, ordinances, regulations and directives, and to protect our privacy, safety and property rights and those of the public, including other users of the Site. We reserve the right in our sole and absolute discretion to alter, remove or refuse to process or post any images or other materials deemed objectionable to us. Your failure to comply with the above requirements will constitute a violation of these Terms by you. In such case, we may immediately terminate your access to and use of the Site and exercise any rights or remedies we may have against you, including reporting any perceived violations of law to the appropriate law enforcement authorities.
Intellectual Property Rights
You are solely responsible for any Content transmitted, posted, uploaded, submitted or distributed by you through the Site. Your Content also includes any information, reviews, comments and other communications submitted by you through the Site. Your Content is your responsibility, and under no circumstances will we be liable for: (1) any claims that arise as a result of your Content or the transmission, posting, uploading, submission or distribution of your Content through the Site; (2) for any errors or omissions in your Content; or (3) for loss or damage of any kind to your Content as a result of your use of the Site. We do not guarantee the accuracy or quality of any of your Content.
It is generally illegal to copy, reproduce or distribute copyrighted information or materials (including photographs) without the consent of the owner of such copyright. Generally, the photographer is the owner of the copyright of a photograph or image. Unless otherwise clearly indicated, you should assume that anything and everything you see or read on the Site is copyrighted, and may not be used or copied by you without our express prior written consent or the prior written consent of the copyright owner, except as explicitly provided in the Site or by applicable law. This prohibition means you may not transmit, mirror, modify or re-distribute any images or text from the Site without our express prior written permission or the prior written consent of the copyright owner. You may download and print images and text from the Site only for your private, non-commercial use. Any other use requires our prior written consent or the prior written consent of the copyright owner.
Other than your Content, any images contained in or displayed by us on the Site are our property or are used by us with the consent of the copyright holder and any persons appearing in such images. Subject to these Terms, the use by you of any such images (or any portions of such images) without our express written consent or the written consent of the copyright holder is prohibited.
Any software contained in an application may only be downloaded by you if expressly authorized, and is subject to these Terms and any other terms and conditions provided with such software. All downloaded software must retain all copyright and proprietary notices. Downloading or exporting software is subject to all applicable laws, statutes, rules, ordinances, regulations and directives, including but not limited to copyright laws; laws prohibiting the export of software to certain countries, organizations or persons identified by the United States government or any governmental agency; and laws that require an export license or other governmental approval prior to export.
Any trademarks, trade names, logos, and/or service marks displayed on the Site are the property of their respective owners and must not be used in any manner without the express prior written consent of such owner. Our intellectual property is protected by U.S. and international copyright laws and by other applicable national laws. No trademarks, trade names, logos and/or service marks owned by The Company or any of its suppliers or service providers, whether or not registered, may be used by you in any way that may cause confusion with trademarks, trade names, logos and/or service marks owned by you or any other third party. Nothing on the Site should be understood by you as granting you the right in any way to license or use our trademarks, trade names, logos and/or service marks without our express prior written consent.
By posting or submitting Content through the Site, you warrant that you own all right, title and interest in and to the Content or that you have the permission of the copyright owner to use any materials that are not yours. UNAUTHORIZED USE MAY BE IN VIOLATION OF THE LAW AND YOU MAY BE LIABLE.
You agree that by submitting Content through the Site, you grant The Company and its third party suppliers, service providers and their respective successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license to use, distribute, redistribute, transmit and reproduce the Content in connection with any products or services you may request through the Site. In connection with such services, you also grant us the right to authorize the downloading and printing, in whole or in part, of your Content.
To the extent we solicit from you, or if you submit of your own accord, feedback, comments or ideas to improve the Site, or any products or services we offer, sell or provide through the Site, then such feedback, comments and ideas are considered non-confidential. Such feedback, comments and ideas will not be returned to you and will become the property of The Company, and you shall have no rights in or to them. If you intend to retain any intellectual property rights in any of your feedback, comments and ideas (such as patent, copyright, trademark and the like), please do not submit them to us without our prior written approval regarding any rights to be retained by you.
Third Party Sites
Other sites may provide links to the Site with or without our approval, and we are not responsible or liable for any Content available through such links, or for any loss or damage you may sustain as a result of your access to or use of such links. Any dealings with third parties (including advertisers) included within the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. We are not responsible or liable in connection with any such dealings or promotions.
As part of the services we offer through our Site, you may grant us the ability to access Content you have stored on social media sites such as Facebook, Twitter, Instagram, TikTok Snapchat and others. By granting us this ability, you acknowledge that we may access, use and store, as applicable, such Content so that it is available on our Site, and that we have no responsibility with respect to that Content. Depending on the social media site and your privacy settings on such site, your personal information posted there may be available through our Site. You should review carefully your privacy and other settings on all social media sites, as well as the terms and conditions of use with each provider, to control how your Content is used, stored and shared. You are solely responsible for your interaction with any social media provider, and we are not a party to any such relationship. If the social media site terminates our ability to access your Content, your Content may no longer be available through our Site. You may terminate our ability to access Content through your social media sites at any time by adjusting the settings on our Site.
Purchases of Our Products and Services
Certain products and services may come with a quality commitment. Please refer to the relevant product and service pages of the Site for any specific information on products and services you order. The inclusion of products and services on the Site at a certain time does not warrant that such products and services will be available to you at any time. You agree that by placing an order you will use all products and services provided by us in a lawful manner and in compliance with all applicable federal, state or provincial, and local or municipal laws, statutes, rules, ordinances, regulations and directives. We reserve the right, with or without notice to you, to discontinue any product or service at any time, to limit the quantity of products and services you order, or to refuse to provide you with any product or service.
Title and risk of loss in connection with the purchase of any product passes to you upon delivery. You will not be charged for products you order until they are shipped, except as otherwise provided in the description of such product. Products may be shipped in more than one shipment.
Additional product and service purchase and sale terms apply to your purchase of products and services from the Company through the Site as well. Please scroll down for the additional, applicable Purchase and Sale Terms and Conditions.
Contests and Sweepstakes
We are not obligated to review all Content submitted by the users of the Site for copyright infringement, and we do not promise you that we do so. However, we are committed to protecting copyrights, and we expect all users of the Site to comply with all applicable laws, statutes, rules, ordinances, regulations and directives. The Digital Millennium Copyright Act of 1998 (the “DCMA”) provides recourse for copyright owners who believe that information appearing on the internet violates their rights under U.S. law. If you believe in good faith that any Content appearing on the Site infringes your copyrights, you may send us a notice requesting that the Content be removed, or that we block access to it. Your notice must meet certain requirements: (1) it must be in writing; (2) it must be signed by you (or your agent) as copyright owner, either physically or electronically; (3) you must identify your copyrighted work that is being infringed (or provide a list, if more than one copyrighted work is covered by one notice); (4) you must identify the Content you believe is infringing upon your rights in a manner that would permit us to locate the Content on the Site; (5) you must include your address, telephone number and email address; (6) you must state that you are making a complaint in good faith and that the information you are providing is accurate under penalty of perjury; and (7) you must include a statement that you have the right to proceed as the holder of the copyright, or as agent of the copyright holder. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice under the DCMA. More information is available at the U.S. Copyright Office website, www.copyright.gov. Notices and counter-notices regarding the Site should be sent to the Company at 601 W 26th St. Suite 1285, New York, NY 10001.
Disclaimer of Warranties
EXCEPT FOR ANY WARRANTIES SPECIFICALLY STATED IN THESE TERMS AND IN THE PRODUCT AND SERVICE PURCHASE AND SALE TERMS AND CONDITIONS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE, INCLUDING ALL CONTENT INCORPORATED IN THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGMENT. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT BY THE COMPANY, ITS AFFILIATES AND ITS THIRD PARTY PROVIDERS SHALL CREATE ANY WARRANTIES OTHER THAN THOSE SPECIFICALLY SET FORTH IN THESE TERMS.
Except as may be otherwise referenced in the Purchase and Sale Terms and Conditions(below), you agree to fully indemnify, defend and hold harmless The Company, and its third party suppliers and service providers, and its and their respective employees, officers, directors, consultants, agents, representatives, vendors, licensors, co-branders, partners, successors and assigns (the “Indemnified Parties”) from any and all third party claims, liability, losses, damages and other costs (including attorneys’ fees)(each, a “Claim”) arising from (1) your violations of these Terms; (2) your use of the Site; (3) any products and services obtained by you through the Site; (4) any Content you provide in connection with your use of the Site; (5) your infringement of any intellectual property or other rights or any person or entity in connection with your use of the Site; and (6) any violation of applicable federal, state or provincial, and local or municipal laws, statutes, rules, ordinances, regulations and directives. You also agree to indemnify the Indemnified Parties for any Claim arising from actions that take place under your account on the Site, whether or not authorized by you. You agree to cooperate as required by the Indemnified Parties in the defense of any Claim. The Indemnified Parties retain the right to settle, compromise or pay any Claim, and reserve all rights to the defense and control of any Claim.
Limitation of Liability
THE COMPANY ASSUMES NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR, AND YOU HEREBY ASSUME ALL RISK OF: INTERRUPTION OF SERVICE, ANY LINKAGE TO ANY THIRD PARTY WEBSITES, ANY COMMUNICATIONS WITH ANY THIRD PARTIES, AND ANY DAMAGE TO YOUR COMPUTER OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE RESULTING FROM ANY COMPUTER VIRUSES OR FROM LINKAGE TO ANY THIRD PARTY WEBSITES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS OR SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, REPRESENTATIVES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS, PARTNERS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM: YOUR INABILITY TO USE THE SITE, INACCURACY OF CONTENT AND YOUR RELIANCE THEREON, INFRINGEMENT OF YOUR RIGHTS BY ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS OR RIGHTS OF PRIVACY OR PUBLICITY), OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY THROUGH THE SITE, LOSS OF DATA, LOSS OF PROFITS, COST OF SUBSTITUTE PRODUCTS OR SERVICES, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE (OR PRODUCTS OR SERVICES RELATED TO THE SITE), WITH THE DELAY OR INABILITY TO USE THE SITE, OR WITH ANY DEFECTS IN THE SITE OR PRODUCTS OR SERVICES RELATED TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE RESTRICTIONS MAY NOT APPY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, OR ITS THIRD PARTY SUPPLIERS OR SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, REPRESENTATIVES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS, PARTNERS, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU UNDER ANY CLAIM FOR ANY AMOUNT IN EXCESS OF THE GREATER THAN (1) THE AMOUNT YOU HAVE PAID IN CONNECTION WITH THE PRODUCT OR SERVICE GIVING RISE TO SUCH CLAIM; AND (2) TWENTY FIVE DOLLARS (USD $25.00).
Choice of Law and Venue
These Terms, as well as your access to and use of the Site, are governed by the laws of the state of New York, excluding its conflict of laws provisions. We do not warrant that the Site is appropriate or available for use in any particular jurisdiction. You agree to submit to venue and the exclusive personal jurisdiction of the state and federal courts located in New York, and to waive any jurisdictional, venue or inconvenience forum objection to any such court. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will either be enforced to the maximum extent possible or, if not capable of enforcement, will be deemed to be deleted from the Terms, and the remainder of the Terms will continue in full force and effect.
At our discretion, we may provide all legal notices and other important communications to you either electronically by posting them on the Site, or by sending an email to any email address you may have provided to us when creating a member account. If you do not wish to receive such communications by email, you may contact us and request otherwise (providing your preferred, alternative contact method) at 601 W 26th St., Suite 1285, New York, NY, 10001; however, if you withdraw your consent to receive communications in such manner, you may not continue to use the Site. In addition, from time to time we may provide an opportunity for you to “Opt In” to receive promotional communications and new product information from us. If you “Opt In,” you will have an opportunity to withdraw from receiving further promotional communications from us by following the directions provided for “opting out” of further communications, with each communication we provide.
All headings contained in these Terms are inserted only as a matter of convenience and are not otherwise legally binding.
© 2022 Milli Mylk, Inc. All rights reserved.
Product Purchase and Sales Terms and Conditions
THESE TERMS AND CONDITIONS (“Terms and Conditions”), TOGETHER WITH ANY ADDITIONAL TERMS WHICH MAY SEPARATELY BE MADE APPLICABLE IN WRITING BY MILLI MYLK, INC. (referenced herein as “MILLI MYLK”) TO A PURCHASER OF PRODUCTS FROM THE MILLIMYLK.COM WEBSITE (“Buyer”), GOVERN THE PURCHASE AND SALE OF ALL PRODUCTS OFFERED BY MILLI MYLK FROM TIME TO TIME (THE "PRODUCTS”).
Formation of Contract / Orders
A contract for the sale of Products will be formed only if and when an order from Buyer is accepted or confirmed by acknowledgement in writing by an authorized representative of MILLI MYLK, MILLI MYLK charges the Buyer for the ordered Products and/or Services, or MILLI MYLK ships the Products or undertakes performance of Services ordered (“Order”). An Order may only be cancelled or modified if the request for cancellation or modification is received at least two (2) business days prior to shipment. This means that in many cases, given MILLI MYLK’s prompt shipping practices, an Order will not be subject to cancellation or modification once placed. In addition, given the nature of the Products, Orders are not subject to return to MILLI MYLK once delivered, for any reason.
MILLI MYLK does its best to maintain an "in stock" status on all Products. In the event that a Product goes on backorder after a Buyer has placed an Order, or in the event that a Buyer’s entire Order for whatever reason cannot be fulfilled, MILLI MYLK will contact the Buyer via e-mail to the email address provided at the time of Order, and MILLI MYLK will attempt to accommodate the Buyer’s stated preference. However, in no event will MILLI MYLK be required to purchase any Products and/or Services in the marketplace to meet its Order obligations hereunder or be required to purchase materials and/or services necessary upon unreasonable terms and/or at unreasonable prices. During any shortage of Products, MILLI MYLK reserves the right to cancel, without liability, any Order, the shipment of which is or may be delayed by reason of any cause or causes beyond its control. Also, in the event MILLI MYLK determines to ship the portion of an Order that is in stock, the Buyer may be responsible for additional shipping charges beyond what would normally apply to the originally placed Order.
Delivery and Shipping
Accepted Orders are subject to MILLI MYLK’s commercially reasonable efforts to promptly deliver the Products, subject to circumstances beyond MILLI MYLK’s reasonable control, including without limitation, Product availability and the actions of MILLI MYLK’s service providers and shippers / carriers. Orders are processed generally within 1 - 3 business days of receipt, from our warehouse, and Orders will ship out once processed. During sales and promotional periods, Orders may take an additional 1–3 days to process. As a general rule, Orders placed after 4 p.m. EST Monday through Friday will begin processing the following business day. Orders placed on the weekend will begin processing starting on the following Monday, unless Monday is a holiday, at which point the applicable Orders will begin processing on Tuesday. Notwithstanding these stated time frames, MILLI MYLK is not responsible for late or erroneous shipments, for shipping mistakes or issues, or for unintended mis-shipments (or for any liabilities, costs or expenses incurred by Buyer in connection with same) in any case, including where due to circumstances beyond MILLI MYLK reasonable control, whether due to an act of God, issues arising by reason of pandemic / epidemic or any contagious disease situation (including MILLI MYLK’s compliance with any regulations, recommendations, warnings, or guidelines relating thereto), an unforeseeable occurrence, supplier or service provider issues including MILLI MYLK’s inability to secure ingredients from its suppliers, a carrier or service provider issue, or any other event, without exception. MILLI MYLK is also not responsible for the shipping and delivery time frames of the shipper / delivery service.
Buyer is expected to work cooperatively and in good faith with MILLI MYLK to manage and resolve any carrier loss or damage claims. If the delivery carrier doesn't deliver any given package or claims to have made the delivery but the Buyer has not received it, MILLI MYLK will do its best to help the Buyer locate the package by opening an investigation with the carrier; however, MILLI MYLK is NOT the delivery carrier and, therefore, is not responsible for lost or undelivered Orders or packages. MILLI MYLK is unable to provide a refund for, or reship an Order or a package that is lost or otherwise not received, as it is the responsibility of the delivery carrier to ensure that the Order / package ultimately reaches the Buyer. The Buyer is responsible for any errors in shipping information provided. This applies whether the Products cannot be delivered due to the unavailability of Buyer or the delivery premises for delivery, a Buyer’s refusal of any tendered delivery, or otherwise any issue with a Buyer-provided delivery address. Buyer agrees that MILLI MYLK shall be authorized to charge the original method of payment for such charges in such event.
If an Order arrives damaged or defective in any way, the Buyer is expected to, and agrees to, contact us right away (in any event within 24 hours of delivery) at email@example.com. Photographic images of the damage or defect will be required, including photos of both the affected Products and of the Product packaging. Note that MILLI MYLK is unable to issue a refund for delivered damaged or defective Products, but MILLI MYLK is typically able to provide replacement Products for any Products received with damage or defects. The replacement Products will generally be shipped as soon as reasonably practicable after the damage or defect from the original delivery has been confirmed, but the applicable carrier’s practices in this regard will apply. Buyer waives its right to receive a replacement Product if he or she does not advise MILLI MYLK of a Product defect or delivery damage at firstname.lastname@example.org within 24 hours of delivery, and promptly thereafter provide the required photographic images.
Prices and Product Information
Unless otherwise provided by MILLI MYLK in writing, all prices stated are in U.S. dollars. Prices are subject to change without notice. MILLI MYLK is not responsible for typos or errors in pricing, and MILLI MYLK’s sole obligation in the event of an error in a posted price for a Product will be to promptly correct the error when identified, and promptly advise the Buyer of the issue, along with the correct price for the Order. MILLI MYLK reserves the right to change Product ingredients, recipes, specifications, packaging, or any of the descriptions and/or information provided relating to any Product at its sole discretion, at any time.
MILLI MYLK reserves the right to change its credit, payment and shipping terms at any time, including without limitation the right to change the method of payment accepted, whether pricing includes shipping, etc.. MILLI MYLK reserves the right, among other remedies, to refuse to accept further Orders, to terminate any Order for Products, to suspend deliveries of Products and/or to recall Products in transit, retake the same and/or repossess all Products if at any time in MILLI MYLK sole discretion Buyer’s creditworthiness is impaired, Buyer stops or disputes a payment made for any given Order or Product ordered, or in the event Buyer otherwise fails to timely make, or to revoke, an owed payment relating to an Order. MILLI MYLK will not be obligated to sell Products to any individual consumer in any instance, and MILLI MYLK may reject or refuse to accept any Order, or revoke its acceptance of any Order, for any customer, at any time, at its discretion, for any or no reason.
Discounts and Promotional Offers
Any claims relating to prices, discounts, promotional offers, or other benefits pertaining to Product purchases and/or this Agreement will be deemed waived unless submitted either (i) within the defined promotional period applicable to the discount or promotional offer; or (ii) otherwise within thirty (30) days from the Order date. No claim will be made against MILLI MYLK relating to any Order that was placed or Product that was purchased more than 30 days earlier, and any claim asserted by Buyer shall be supported with such documentation as MILLI MYLK may reasonably require (such as without limitation, a dated consumer delivery or sales receipt, copies of credit card / debit card payment documentation and the like). Claims relating to discounts or other promotional offers made available by MILLI MYLK from time to time regarding specific Products are subject to the terms and conditions applicable to that particular offer or program, as announced by MILLI MYLK.
Products that are purchased from this website, with or without a discount code and subject to, or not subject to any promotional offer, are for personal use by the Buyer and shall not be resold without first asking MILLI MYLK for permission. If you want to resell one or more of MILLI MYLK’s products, then please contact us by e-mail at email@example.com.
Title and Risk of Loss
Title and risk of loss to Products shall pass to Buyer when Products are delivered to Buyer and MILLI MYLK is not responsible for any damage or loss to a Product that occurs after delivery, for any reason.
Warranties, Limitation of Liability
MILLI MYLK MAKES NO WHATSOEVER, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. If any court having jurisdiction finally holds that this limitation of remedies is void or unenforceable, MILLI MYLK’s liability for any claim shall be limited to the amounts paid by Buyer for the Products and/or Services giving rise to the claim. In addition, in no event will MILLI MYLK or its affiliates be liable to Buyer, or any other party for incidental, consequential, indirect or special damages (including without limitation, lost profits, lost opportunities, economic loss, loss of use, lost productivity, synergies or efficiencies, overhead or administrative expenses, lost data, or damage to reputation or goodwill), irrespective of the nature of any claim asserted, and even if MILLI MYLK has been advised of the possibility of such damages and even if such damages result from negligence or other fault. MILLI MYLK’s sole obligation in the event of any Product issue will be to replace the affected Product, at MILLI MYLK’s sole option. In no event will MILLI MYLK be responsible for damages in excess of the purchase price paid for the affected Products, in any instance.
Costs and Expenses of Collection
In the event that Buyer fails to make full payment for delivered Products (by improperly disputing a credit card charge or revoking payment authorization, for instance), Buyer shall be liable to MILLI MYLK for payment of all costs and expenses incurred by MILLI MYLK or its affiliates in seeking collection of the amounts owed by Buyer, including but not limited to the costs of collection agencies and reasonable attorneys’ fees incurred by MILLI MYLK or its affiliates. In addition, in the event of Buyer’s default in payment for delivered Products, MILLI MYLK shall be entitled to collect an interest charge of the lesser of 1.5% of the outstanding balance per month or the maximum amount allowed by applicable law, along with a late payment fee equal to fifteen percent (15%) of the total Order cost.
If any provision of these Terms and Conditions is finally determined to be invalid or unenforceable by any court of competent jurisdiction, such determination shall not affect any other provision hereof, and all such other provisions will remain in full force and effect. Once placed, no Order may be cancelled or assigned by Buyer except with the prior written consent of MILLI MYLK. MILLI MYLK’s waiver of any breach or failure to enforce any of Buyer’s obligations under these Terms and Conditions at any time shall not limit or waive MILLI MYLK’s right thereafter to enforce strict compliance with the terms and conditions hereof. The validity, construction and performance of these Terms and Conditions and the Contract formed between the parties shall be governed by the laws of the State of New York (without giving effect to its principles of conflict of laws). Buyer, by submitting an Order for Products and/or Services with MILLI MYLK, irrevocably and unconditionally submits and waives any objection to the jurisdiction of the federal and state courts located in New York for purposes of any suit, action or proceeding arising out of or relating to these Terms and Conditions or the Contract formed between the parties, and agrees to take any and all future action necessary to submit to the jurisdiction of such courts. However, MILLI MYLK may at its option bring suit, or institute other judicial proceedings, against Buyer in any court in any place where Buyer or any of its assets may be found. The United Nations Convention on Contracts for the International Sale of Goods shall not govern these terms and conditions or any sales contract formed between the parties.
© 2022 Milli Mylk, Inc. All rights reserved.