Terms of Use

Website Terms of Use

Agreement between user and Miansai

Welcome to miansai.com. Miansai is a designer, producer and retailer of uniquely designed

goods and jewelry. The miansai.com website (the "Site") is an E-Commerce site and is

comprised of various web pages operated by Miansai and Miansai’s affiliates, including but not

limited to Miansai Retail LLC and Miansai LA Retail LLC (collectively referred to as

“Miansai”). The Site is offered to you conditioned on your acceptance without modification of

the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site

constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy

of them for your reference.

From time to time we may update this Site and these Terms. Miansai reserves the right, in its

sole discretion, to change the Terms under which the Site is offered. If we change the Terms in

any material way, we will attempt to provide appropriate notice to you via email. Your use of

this Site after we post any changes to these Terms constitutes your agreement to those changes.

You agree to review these Terms periodically to ensure that you are familiar with the most recent

version.

Privacy

Your use of the Site is subject to Miansai's Privacy Policy. Please review our Privacy Policy,

which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting the Site or sending emails to Miansai constitutes electronic communications. You

consent to receive electronic communications and you agree that all agreements, notices,

disclosures and other communications that we provide to you electronically, via email and on the

Site, satisfy any legal requirement that such communications be in writing.

Consent

You consent to Miansai and its vendors collecting and/or accessing and using any

communications with you and any data collected from you. You further consent to Miansai and

its vendors processing such communications and data for business purposes and as Miansai

otherwise deems necessary. You further agree that the collection of and/or access to and use of

the communications and other data does not and will not violate any right of privacy, personal or

proprietary right, or other common law or statutory right.

 

Your Account

If you use this Site and open an account, you are responsible for maintaining the confidentiality

of your account and password and for restricting access to your computer. You further agree to

accept responsibility for all activities that occur under your account or password. You may not

assign or otherwise transfer your account to any other person or entity. You acknowledge that

Miansai is not responsible for third party access to your account that results from theft or

misappropriation of your account. Miansai and its associates reserve the right to refuse or cancel

service, terminate accounts, or remove or edit content in our sole discretion.

 

Miansai does not knowingly collect, either online or offline, personal information from persons

under the age of thirteen. If you are under 18, you may use miansai.com only with permission of

a parent or legal guardian.



Terms of Sale

Please note that occasional pricing and other errors may occur on the Site. Access to the Site

does not constitute the right to purchase products featured. Miansai is not responsible for

typographical, pricing or other errors. Products and prices of products described on the Site are

subject to change at any time without notice. Miansai reserves the right to limit quantities of

products purchased. Miansai also reserves the right to revise pricing, products and other errors

and to cancel any order you have placed if there was an error concerning the price or availability

of any item you ordered when you placed the order, even if you have received an order

confirmation. If your credit card has already been charged for the purchase and your order is

cancelled, Miansai will issue a credit to your credit card account in the amount of the charge.

Your bank or credit card company policies will determine when this amount is credited to your

account.

 

Cancellation/Refund Policy

Miansai takes pride in its products and stands behind its services. Miansai makes it a priority to

ensure your utmost satisfaction and to do its best to handle any matter with fairness and

responsibility.


Colors: A note about colors. Miansai has made every effort to display as accurately as possible

the colors of Miansai products that appear on Miansai.com. However, as computer monitors

vary, Miansai cannot guarantee that your monitor’s display of any color will be completely

accurate.


Jewelry Return Policy: Miansai accepts returns of unused, unworn, unaltered, and undamaged

items within 30 days of purchase. All returns must include original packaging: any boxes, bags,

and other packaging materials. For U.S. customers we will cover the cost of return shipping.

Returns on orders made outside the United States will be subject to shipping and duties. Proof of

purchase will be required for all returns and exchanges.


Replacement Screw Cuff Bars: Miansai sells replacement bars for original screw cuffs at a cost

of $30. Our Sterling Silver Cuff bars are available for $80. Please contact info@miansai.com to

order a replacement.


Watch Return Policy: Miansai accepts returns of unused, unworn, unaltered, and undamaged

items within 30 days of purchase. All returns must include original packaging: any boxes, bags,

and other packaging materials. For U.S. customers we will cover the cost of return shipping.

Returns on orders made outside the United States will be subject to shipping and duties.

Additionally, your Miansai watch is protected under warranty for a period of 18 months from the

original purchase date, under the terms and conditions of this warranty. The Miansai watch

warranty covers materials and manufacturing defects. This covers all components, but excludes

the strap, clasp, and battery. In case of defect, the components will be repaired or replaced at our

discretion, free of charge. Please note that any evidence of tampering or opening the watch case

will void the warranty.


Use of Credit Card

A valid credit card or debit card number is required for payment. Separate charges for shipping

and handling will be added to the price of the products ordered. Title to all products and risk of

loss or damage will pass to the buyer upon shipment from Miansai. It is your responsibility to

comply with all applicable local, state, federal, and foreign laws in regard to the possession, use,

and sale of any item purchased from the Site. By placing an order, you represent that the

products ordered will be used only in a lawful manner.


If you purchase any product or service made available through the Site, you will need to provide

certain information relating to your purchase, including without limitation your credit or debit

card number, the expiration date of your credit card, your billing address, and your shipping

information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT

TO USE ANY CREDIT/DEBIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. You also grant us or

the third vendor collecting that information on our behalf the right to provide such information to

third parties for processing the transactions initiated by you or on your behalf. We may also need

to conduct certain verification of information prior to processing any transaction.


Links to Third Party Sites/Third Party Services

Miansai.com may contain links to other websites ("Linked Sites"). The Linked Sites are not

under the control of Miansai and Miansai is not responsible for the contents of any Linked Site,

including without limitation any link contained in a Linked Site, or any changes or updates to a

Linked Site. Miansai is providing these links to you only as a convenience, and the inclusion of

any link does not imply endorsement by Miansai of the site or any association with its operators.

 

Certain services made available via miansai.com are delivered by third party sites and

organizations. By using any product, service or functionality originating from the miansai.com

domain, you hereby acknowledge and consent that Miansai may share such information and data

with any third party with whom Miansai has a contractual relationship to provide the requested

product, service or functionality on behalf of miansai.com users and customers.

 

Limitations on Your Use of the Site and Miansai Content

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site

strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant

to Miansai that you will not use the Site for any purpose that is unlawful or prohibited by these

Terms. You may not use the Site in any manner which could damage, disable, overburden, or

impair the Site or interfere with any other party's use and enjoyment of the Site. You may not

obtain or attempt to obtain any materials or information through any means not intentionally

made available or provided for through the Site.

 

All content included as part of the Site, such as text, graphics, logos, images, trademarks, service

marks as well as the compilation thereof, and any software used on the Site, is the property of

Miansai or its suppliers and protected by copyright and other laws that protect intellectual

property and proprietary rights. You agree to observe and abide by all trademark, copyright and

other proprietary notices, legends or other restrictions contained in any such content and will not

make any changes thereto. Nothing on the Site shall be construed as granting, by implication,

estoppel or otherwise, any license or right to use any trademark, logo or service mark displayed

on the Site without the owner’s prior written permission, except as otherwise described herein. 

Miansai reserves all rights not expressly granted in and to the Site and its content.  The Site and

all of its content, including but not limited to text, design, graphics, interfaces and code, and the

selection and arrangement thereof, is protected as a compilation under the copyright or trademark

laws of the United States and other countries.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create

derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

Miansai content is not for resale. Your use of the Site does not entitle you to make any

unauthorized use of any protected content, and in particular you will not delete or alter any

proprietary rights or attribution notices in any content. You will use protected content solely for

your personal use, and will make no other use of the content without the express written

permission of Miansai and the copyright owner. You agree that you do not acquire any

ownership rights in any protected content. Miansai does not grant you any licenses, express or

implied, to the intellectual property of Miansai or our licensors except as expressly authorized by

these Terms.

 

Third Party Accounts

You will be able to connect your Miansai account to third party accounts. By connecting your

Miansai account to your third party account, you acknowledge and agree that you are consenting

to the continuous release of information about you to others (in accordance with your privacy

settings on those third party sites). If you do not want information about you to be shared in this

manner, do not use this feature.

 

International Users

The Service is controlled, operated and administered by Miansai from our offices within the

USA. If you access the Service from a location outside the USA, you are responsible for

compliance with all local laws. You agree that you will not use the Miansai Content accessed

through miansai.com in any country or in any manner prohibited by any applicable laws,

restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Miansai, its officers, directors, employees,

agents and third parties, for any losses, costs, liabilities and expenses (including reasonable

attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any

user postings made by you, your violation of any terms of this Agreement or your violation of

any rights of a third party, or your violation of any applicable laws, rules or regulations. Miansai

reserves the right, at its own cost, to assume the exclusive defense and control of any matter

otherwise subject to indemnification by you, in which event you will fully cooperate with

Miansai in asserting any available defenses.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. MIANSAI, INC. AND/OR ITS SUPPLIERS MAY MAKE

IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

MIANSAI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE

SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS

CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,

PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT

WARRANTY OR CONDITION OF ANY KIND. MIANSAI, INC. AND/OR ITS SUPPLIERS

HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,

INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL MIANSAI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,

PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES

WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,

DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE

OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE

SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE

SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING

OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,

NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MIANSAI, INC. OR ANY

OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE

ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH

ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE

AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

Miansai reserves the right, in its sole discretion, to terminate your access to the Site and the

related services or any portion thereof at any time, without notice. Use of the Site is unauthorized

in any jurisdiction that does not give effect to all provisions of these Terms, including, without

limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between

you and Miansai as a result of this agreement or use of the Site. Miansai's performance of this

agreement is subject to existing laws and legal process, and nothing contained in this agreement

is in derogation of Miansai's right to comply with governmental, court and law enforcement

requests or requirements relating to your use of the Site or information provided to or gathered

by Miansai with respect to such use. If any part of this agreement is determined to be invalid or

unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers

and liability limitations set forth above, then the invalid or unenforceable provision will be

deemed superseded by a valid, enforceable provision that most closely matches the intent of the

original provision and the remainder of the agreement shall continue in effect.

 

Jurisdiction

The Site is controlled and operated by Miansai from within the United States, and is not intended

to subject Miansai to the laws or jurisdiction of any country other than that of the United States.

Miansai may limit the availability of the Site, in whole or in part, to any person, geographic area

or jurisdiction we choose, at any time and in our sole discretion. These Terms will be governed

by and construed in accordance with the laws of the state of Florida, USA without regard to

conflicts of laws principles. By using this Site, you consent to the jurisdiction of, and agree that

any and all disputes regarding these Terms and/or use of the Site not subject to the arbitration

provision set forth herein will be brought before, the federal, state, and local courts located in

Miami Dade County, Florida, United States.


ARBITRATION OF DISPUTES

INSTEAD OF SUING IN COURT, YOU AGREE THAT ANY DISPUTE RELATING IN ANY

WAY TO THESE TERMS OF USE, YOUR USE OF THE SITE OR PRODUCTS

PURCHASED HERE SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN

MIAMI, FLORIDA. ANY ARBITRATION UNDER THIS AGREEMENT SHALL BE

CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION

ASSOCIATION.  THESE RULES ARE DIFFERENT FROM THOSE FOUND IN A COURT

BECAUSE, AMONG OTHER REASONS, THERE IS NO JUDGE OR JURY, AND REVIEW

IS LIMITED.

AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, HOWEVER,

AND MUST HONOR THE SAME LIMITATIONS STATED IN THESE TERMS OF USE AS

A COURT WOULD. THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE

ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION TO THE

FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

ALL ARBITRATIONS SHALL PROCEED ON AN INDIVIDUAL BASIS. THE

ARBITRATOR IS EMPOWERED TO RESOLVE THE DISPUTE WITH THE SAME

REMEDIES AVAILABLE IN COURT, HOWEVER, ANY RELIEF MUST BE

INDIVIDUALIZED TO YOU AND SHALL NOT AFFECT ANY OTHER CUSTOMER.

YOU AND MIANSAI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER

IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES

AND IN SO DOING YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT

OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION

ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO

ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR

JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.


Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on the Site constitute the entire

agreement and understanding between you and Miansai with respect to the subject matter thereof

and supersede all prior or contemporaneous communications and proposals, whether oral or

written, between the parties with respect to such subject matter.  A printed version of these

Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to

use of the Site to the same extent and subject to the same conditions as other business documents

and records originally generated and maintained in printed form. It is the express wish to the

parties that this agreement and all related documents be written in English.

If any provision of these Terms or the application thereof is held to be or becomes invalid or

unenforceable in any respect under the law of any jurisdiction, it shall have no effect in that

respect and such provision shall be replaced in that respect with a valid and enforceable

substitute provision the effect of which is as close to its intended effect as possible.

Intellectual Property Infringement Notification.

If you are a trademark or copyright owner and you believe that your rights have been violated in

any way by Miansai, please contact Miansai by email at legal@miansai.com or by mail: Attn:

General Counsel, 1800 N. Miami Avenue, Miami, FL 33136. Our agent information is provided

pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2).


Contact Us

Miansai welcomes your questions or comments regarding the Terms. You may contact us as

follows:

 

Miansai, Inc.

1800 N. Miami Ave.

Miami, Florida 33136

 

Email Address:

info@miansai.com

 

Telephone number:

1-305- 375-8132

 

Effective as of October 1, 2016