Terms of service

OVERVIEW

This website is operated by Mika & Mila. Throughout the site, the terms “we”, “us”, and “our” refer to Mika & Mila. Mika & Mila offers this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions, and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are of the age of majority and have given us consent to allow your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of the Terms will result in the immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete, or up-to-date sources of information. Any reliance on the material on this site is at your own risk.

This site may contain historical information, which is not necessarily current and is provided for reference only. We reserve the right to modify the contents of this site at any time but are under no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display the colors and images of our products as accurately as possible in the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.

If we make a change to or cancel an order, we may attempt to notify you via the email, billing address, or phone number provided at the time the order was placed.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card details, so that we can complete your transactions and contact you if necessary.

For more details, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party provider(s).

In the future, we may offer new services and features through the website, including new tools and resources. Such additions will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to external websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, nor do we warrant or assume any liability for any third-party materials, websites, or other products and services.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions conducted through third-party websites. Please review the third party’s policies and practices carefully before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send specific submissions (e.g., contest entries), or if you send creative ideas, suggestions, proposals, or other materials without a request from us—whether online, by email, by postal mail, or otherwise (collectively, "comments")—you agree that we may, at any time, edit, copy, publish, distribute, translate, and otherwise use these comments in any medium without restriction.

We are under no obligation to:

  1. Maintain any comments in confidence.

  2. Pay compensation for any comments.

  3. Respond to any comments.

We may, but are not obligated to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your comments will not violate any third party’s rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Furthermore, your comments must not contain libelous, abusive, or obscene material, nor contain any computer viruses or malware that could affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy of any comments you post. We assume no responsibility or liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time, without prior notice (including after you have submitted your order).

We are under no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. No specific update or refresh date applied in the Service or on any related website should be taken to indicate that all information has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content for:
(a) Any unlawful purpose.
(b) Soliciting others to perform or participate in unlawful acts.
(c) Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
(d) Infringing upon or violating our intellectual property rights or those of others.
(e) Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
(f) Submitting false or misleading information.
(g) Uploading or transmitting viruses or malicious code that could affect the functionality or operation of the Service, related websites, or the Internet.
(h) Collecting or tracking the personal information of others.
(i) Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.
(j) Any obscene or immoral purpose.
(k) Interfering with or circumventing the security features of the Service, related websites, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable. You agree that we may, from time to time, remove the Service for indefinite periods or cancel the Service at any time without prior notice.

You expressly agree that your use of the Service, or inability to use the Service, is at your sole risk. The Service and all products and Services delivered through the Service are provided on an "as is" and "as available" basis, except as expressly stated by us. We disclaim all representations, warranties, or conditions of any kind, whether express or implied, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

To the fullest extent permitted by law, Mila & Mika, including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, regardless of whether they arise from contract, tort (including negligence), strict liability, or otherwise. This applies to any claim related to your use of the Service or any product purchased through the Service, including but not limited to errors or omissions in any content, or any loss or damage resulting from the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if we have been advised of the possibility of such damages.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such jurisdictions shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Mila & Mika, including our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from:

  • your breach of these Terms of Service or any referenced documents,

  • your violation of any law, or

  • your infringement of the rights of any third party.

SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities incurred by the parties before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service remain in effect unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without prior notice. In such a case, you will remain liable for all outstanding amounts up to and including the date of termination, and we may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, along with any policies or operating rules posted on this site concerning the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including previous versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands.

SECTION 19 - CHANGES TO TERMS OF SERVICE
The most current version of the Terms of Service can always be reviewed on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates on our website. It is your responsibility to periodically review this page for changes. Your continued use of or access to our website or Service following the posting of any changes constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
For any questions regarding these Terms of Service, please contact us at contact@mila-mika.com.