Términos del servicio

 

TERMS AND CONDITIONS OF SALE

Effective Date:  January 22, 2023

PLEASE READ THIS DOCUMENT CAREFULLY.  IT CONTAINS IMPORTANT

INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING

LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

These terms and conditions of sale (“Terms of Sale”) apply to the purchase and sale of products through the MYZE LLC’s (“MYZE”) website, helpmyze.com (the “Website”).  The words "you" and "your" refer to any person accessing the Website, or otherwise placing an order for MYZE products.  By accessing the Website or placing an order for MYZE products, you agree to be bound by and accept these terms and conditions, as well as MYZE’s Privacy Policy and Website Terms of Use that apply to the use of the Website, and are incorporated by reference.   If you do not agree to these terms and conditions, you should not obtain products from MYZE and should navigate away from the Website.  No alteration or modification of these terms by you shall be binding unless explicitly accepted and signed by an executive officer of MYZE in writing.  These terms and conditions are subject to change by MYZE (also referred to as “us” “we” and “our”) without prior written notice at any time, in our sole discretion. The Terms of Sale posted on the Website at the time you place your order on the Website will govern that purchase.  Any purchase made after the Terms of Sale have been revised will be subject to the revised Terms of Sale.  You can determine the date of last revision of these Terms of Sale by consulting the date at the top of this document.  Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us at: orders@helpmyze.com. 

These Terms of Sale, as well as MYZE’s Privacy Policy and Website Terms of Use that apply to the use of the Website, comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. 

 

1. No Purchase For Resale

The Website is intended solely for Myze to sell products direct to consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of product by someone who resells, or intends to resell, the product to others (consumers, businesses or any third party).  By having unauthorized resellers, this gives counterfeiters an opportunity to fool customers. Purchasers hereunder therefore agree to refrain from using MYZE’s intellectual property, including copyrights and trademarks, in connection with the marketing, offer for sale or sale of products purchased here.  In other words, buying products on our Website for resale will invalidate any license or legal right to use our trademarks and copyrights in advertising, and may be therefore deemed an infringement of our intellectual property, regardless of whether such conduct would otherwise be acceptable.  We do this to ensure that the supply chain is secure.  If Myze believes you are involved in purchase for resale, Myze reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.  

 

2. Eligibility To Order

To place an order on the Website, you must be of legal age of majority in your place of residence and a consumer - not a reseller. If you are not of legal age of majority, you must have your parent or guardian make any purchase.

 

3. ProductsOffered For Sale on the Website

MYZE offers a variety of standard stock products.  We also offer personalized care plans.  If you have questions about any of our products, please contact us at info@helpmyze.com or (855) 377-2530 and we will arrange to have a representative contact you. Please note that we cannot guarantee that we will always have products in stock or that the products will be exactly the same as that depicted on the Website.  If you ever have feedback on our products or service, we would appreciate hearing from you.  MYZE strives to always improve and your input is desired.

 

4. How To Order

You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionality of the Website, which may include adding items to your shopping bag and submitting your order. 

When you submit an order, we will send you an email acknowledging receipt of your order.  Our acceptance of the order takes place when the products are shipped to you - we will send you an email confirming that the products have been shipped (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference.  If we are unable to supply you with a product, we will inform you of this in writing and will not process the order and will refund your payment if it has already been made via your original payment method. 

 

5. Your Total Price

The total price specified in the final check out screen may include tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in U.S. Dollars or your local currency. If your local currency is different from the currency in which the prices are quoted, your bank may apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control. 

 

6. Price Changes

The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation. 

 

7. Payment

Prices advertised on the Website do not include shipping charges or applicable sales taxes, and these may be added to the price you pay at checkout. Buyer shall make all payments in US dollars. MYZE accepts payments via American Express, Diners Club, Discover, Master Card, and Visa, or via express checkout methods via Apple Pay, Meta Pay, Google Pay, PayPal, Shop Pay, and Venmo. We do not accept any method of payment other than those listed herein. Please do not try to pay by any other way than specified herein. If you do, we will not be liable for loss of the payment or any other damages that may result from this action. 

 

8. Payment Processing

Except with respect to pre-ordered products, if you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse.  In the event that no payment has been received within 2 calendar days after you submitted your order, your purchase will automatically be cancelled.  Payments can only be processed if the billing information can be verified.

 

9. Our Right To Reject Your Order Or Cancel An Order

Fulfillment of all orders on the Website is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel an order by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the order we cancelled:

• the product is not available / in stock;your billing information is not correct or not verifiable;
• your order is flagged by our security systems as an unusual order or an order susceptible to fraud;
• we believe you are under the legal age in your place of residence;
• we believe that you are a reseller;
• there was an error in the price displayed on the Website;
• we could not deliver to the address provided by you;
• due to an Event Outside Our Control (see below);
• in the event of misspelling, pricing or other errors or mistakes in the Website information; or
• for any other reason that may arise and be reasonable.

 

10. Data Check

When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud.  Suspected fraud on the Website will be investigated and, if necessary, prosecuted. 

 

11. Shipping & Delivery

Orders are typically processed by MYZE by the next business day if received by us before 1:00 p.m. Eastern Time, Monday through Friday. Otherwise, they are processed the next business day (Monday through Friday excluding holidays).  Note: We or shipment carriers may get backlogged during sale events and the holiday season, which could delay your shipment. Additionally, shipment carriers may be delayed due to inclement weather conditions that impact transportation routes or facilities.

Orders will be shipped to the shipping address provided to us in your order. Once we start to process your order, we are unable to make changes to this address. Additionally, we are not responsible for any additional shipping charges if the shipping address provided to us is inaccurate. 

Orders are shipped from the MYZE warehouse located in Algonquin IL 60102.  We ship domestically within the 50 States of the United States and the District of Columbia. We do not offer international shipping. We offer free standard shipping on orders over $50 (pre-tax). Orders under $50 ship for a flat rate of $5.95 (standard shipping) and $17.95 (express shipping).

Once shipped, you will receive a confirmation email with your tracking number.  If you did not receive your shipment confirmation email or have any additional questions about your order, please contact orders@helpmyze.com. We’re always happy to help out! Once your order has shipped, please allow approximately 3-5 business days to receive your order.

Where possible, we try to deliver all items which you have ordered at the same time. However, please note that an order for multiple products may result in split shipments, subject to availability. We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. 

 

12. Title Transfer & Risk of Loss

The title and risk of loss for products purchased from MYZE pass to you upon our delivery to the carrier.  Title to product(s) will not transfer until full payment has been received.

 

13. Inspection Upon Delivery

Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. If you have accepted the shipment and then discover that an item is defective, damaged or your received a wrong item, please contact us immediately at orders@helpmyze.com so that we may evaluate the issue and make it right on your behalf.

 

14.Returns and Refund Policy

MYZE accepts returns of unused and unopened products, if approved by our customer service team, accompanied by our RMA form, proof of purchase, purchased online within thirty (30) days of shipping date, provided the products are in their original condition, with packaging unopened/sealed and labels intact. However, sales of accessories and eye masks and Clearance merchandise are final. To start a return, please contact us at orders@helpmyze.com.  If your return is accepted, we will provide you with instructions on how and where to send your return package. We are not responsible for return shipping. Items that were returned without first contacting us will not be accepted. Once we receive your return, we will issue store credit, less the original shipping fees which are non-refundable.

For subscription orders, we can only accept returns on the first purchase, not on subsequent months. You can change or cancel your subscription by logging into your account. Please note, all changes to your subscription order must be made at least 2 business days prior to your next order date. Otherwise, your card will be automatically charged and your selected products will be sent to you. 

You are also entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. In the event your claim is justified, the purchase price will be refunded as store credit.

We can only accept returns for products purchased directly from us. Returns from other retailers are not accepted. 

15. Disclaimer ofWarranty

SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY or (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Products. For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. 

 

16. Limitation Of Liability

 MYZE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS “MYZE AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCTS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS, DOWN TIME, LOST DATA, OR ANY DAMAGES OR SUMS PAID BY YOU TO THIRD PARTIES, EVEN IF MYZE OR ANY MYZE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL MYZE OR ANY MYZE AFFILIATE BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCTS ACTUALLY DELIVERED TO AND PAID FOR BY YOU HEREUNDER.  TO THE EXTENT CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MYZE OR ANY MYZE AFFILIATE ARISING OUT OF OR RELATED TO THESE TERMS OF SALE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED TWO (2) TIMES THE TOTAL OF THE AMOUNTS PAID TO MYZE FOR THE PRODUCTS SOLD HEREUNDER or $2,500, WHICHEVER IS LESS.  This limitation of liability shall not apply to (i) liability resulting from Seller’s gross negligence or willful misconduct and (ii) death or bodily injury resulting from Seller’s acts or omissions. ANY CLAIMS MADE AGAINST MYZE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF ACCRUAL.

 

17. Compliance with Law

 Buyer shall comply with all applicable laws, regulations and ordinances.  

18. Waiver

No waiver by MYZE of any of the provisions of these Terms of Sale is effective unless explicitly set forth in writing and signed by MYZE. No failure by MYZE to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Sale operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder by MYZE precludes MYZE from any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

 

19. Events Outside Our Control

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks, and the consequences of such acts or events (for example, a slowdown in the supply chain due to such events). 

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:

a) We will contact you as soon as reasonably possible to notify you; and

b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 

Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.  You may cancel the order if an Event Outside Our Control takes place and you no longer wish us to provide the products by contacting orders@helpmyze.com . 

20. Relationship of the Parties

Nothing contained in these Terms of Sale shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

 

21. No Third-Party Beneficiaries

These Terms of Sale are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms of Sale.

 

22.Governing Law

All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.

 

23. Agreement to Arbitrate

Any legal suit, action or proceeding arising out of or relating to these Terms of Sale and any dispute between you and MYZE shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate MYZE’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in New York, and you consent to exclusive jurisdiction and venue in such courts. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You agree that the arbitration shall be conducted in Westchester County, New York and that any action to enforce this arbitration provision will be brought in the federal or state courts located in Westchester County, New York. Either you or MYZE may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in New York, as may be necessary to protect the rights or property of you or MYZE pending the completion of arbitration. You agree that, if you are not the prevailing party in such arbitration, you will bear all of the costs of such arbitration, including the costs of the prevailing party.

 

You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Westchester County, New York.

 

All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

 

24. Notices

All notices, request, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the face of the Order Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in these Terms of Sale, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this paragraph.

25. Other Important Terms

MYZE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE OR OUR SOCIAL MEDIA (AND RELATED APPLICATIONS), INCLUDING BUT NOT LIMITED TO, TYPOGRAPHICAL ERRORS.  

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale. 

You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing. 

Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Please consult MYZE’s Website Terms of Use and Privacy Policy, which are incorporated herein, and which provide additional terms that are part of the Terms of Sale. 

Thank you. We appreciate your business!