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
which also governs the Site and informs users of our data collection practices.
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.
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.
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
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
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
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 firstname.lastname@example.org 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
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
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.
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.
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.
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
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
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.
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
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
AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, HOWEVER,
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
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 email@example.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).
Miansai welcomes your questions or comments regarding the Terms. You may contact us as
1800 N. Miami Ave.
Miami, Florida 33136
Effective as of October 1, 2016