Please read these Terms and Conditions carefully before using our website www.miomora.com (“Site”) and/or our Services (defined below), so that you are aware of your legal rights and obligations with respect to Miomora LLC (“Miomora”, “we”, “our” or “us”).
By accessing this Site and/or using the Services, you hereby agree:
that you have read and agree to be legally bound by these Terms and Conditions; and
If you do not accept these Terms and Conditions, please leave the Site and/or discontinue use of the Services immediately.
Miomora may at any time vary or amend these Terms and Conditions by posting the amended Terms and Conditions on the Site. Any use of the Site or Services after the amendment of these Terms and Conditions is deemed acceptance of the amended Terms and Conditions by you. If you do not agree to the amended Terms and Conditions, you have the right to stop using the Site and Services.
Site and Services
The Site is owned and maintained by Miomora.
Miomora operates an online jewelry store through the Site, which offers one or more of the following features and services (each a “Service” and collectively the “Services”), mainly for the browsing and purchasing of jewelry products; and operates and offers scheduling of third party seller (Marketplace), logistics provider, courier, or vehicle through the use of Site:
access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works;
search engines or tools;
blogs, message boards, communication tools;
email or message alerts; and
any other services, features, content or applications that Miomora may offer through the Site from time to time in our sole and absolute discretion.
Miomora reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services, Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
Miomora hereby grants you a personal, non-exclusive and non-transferable licence to use the Site and access and use the Services available via the Site, subject to the terms set out in these Terms and Conditions.
You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:
any materials, information, news, advertisements, listings, pricing, data, input, text, songs, audio, video, pictures, graphics, software, blogs, forums, message boards, broadcasts, comments, suggestions, ideas and other content, that is made available on or via the Site or Services (collectively, “Content”),
except, to the extent permitted, with the prior written consent of Miomora or unless expressly permitted in these Terms and Conditions.
Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the Site, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Miomora.
The Site and all Content are the copyrighted work of Miomora or our content or software providers, and Miomora reserves and retains all rights in the Site and Content.
You may not decompile, reverse engineer or otherwise attempt to discover the source code of the App or any Content, except under the specific circumstances expressly permitted by law or Miomora in writing.
You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.
To access certain parts of the Site or Services, you will be required to sign-up for an account with Miomora (“Account”) and select a user name (“User Name”) and password (“Password”).
You are solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password. You agree not to:
share or permit others to use your Account or Password; or
assign or transfer your Account to any other person or entity.
You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. Miomora shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorised use(s) of your Account, or loss, theft, or unauthorised disclosure of your Password, please promptly notify us at: firstname.lastname@example.org. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity
Each household or delivery address may only register one (1) Account. Multiple Account(s) registering the same delivery address may be permitted at our sole discretion.
Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information by clicking here.
Where a delivery address is associated with multiple Account(s) without our written authorisation, or fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion and without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately:
cancel any orders placed through such Account(s);
cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such Account(s) and charge full price for items purchased;
prohibit such Account(s) or persons from participating in any promotions, contests or surveys of Miomora; and/or
merge, suspend and/or terminate Account(s).
Orders, Pricing & Payments
At present, Miomora delivers to most areas in the US, but not certain areas. To find out if Miomora delivers to your area, please get in touch with us. You may also contact us at email@example.com to check on our delivery coverage. Miomora will only process and accept orders within our delivery coverage.
All orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order upon these Terms and Conditions. All orders shall be subject to acceptance by Miomora. Processing of payment for an order shall not in itself constitute acceptance of the order by Miomora, provided that where an order for any product(s) is rejected or cancelled by Miomora, any payment made for such order shall be reversed or refunded by Miomora in accordance with our prevailing refund policy at such time.
All orders made by you are subject to stock availability. Miomora reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason. Miomora reserves the right to limit your order or the quantity of a particular product you may order.
Product Information, Pricing and Payment
Miomora endeavours to provide you with accurate and up-to-date pricing, product and promotional information. However, errors may sometimes occur and we do not guarantee that the pricing, images, or other product or promotional information provided will be accurate, reliable, current, error-free, updated, or complete. You agree that Miomora shall not be liable for any errors in the pricing and product or promotional information listed on our Site or through our Services. The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Site or through our Services. If a product offered by Miomora itself is not as described, your sole remedy is to return it in unused condition.
If the actual price of any item ordered by you is higher than that reflected on the Site or through our Services, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price. By confirming your purchase, you authorise us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
Where the actual price of any product is dependent on its weight (“Weighed Item”), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout. The actual weight and related price of the Weighed Item will be made known to you at the time of delivery and:
in the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and
in the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery.
All product prices are shown in US dollars and are inclusive of Goods and Services Tax. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.
Miomora has a Price Match Guarantee for selected items. Please click here for more information.
Payment for all orders shall be made in US dollars.
We accept payment for orders by MasterCard, Visa and PayPal only. Kindly note that PayPal currently accepts MasterCard, Visa, American Express and Discover cards, and the credit/debit cards and payment methods accepted by PayPal is subject to change. Miomora is unable to accept paper checks, food stamps, or third-party coupons.
By placing your order, you authorise us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.
Miomora will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Miomora reserves the right to collect funds for any uncollected transactions owed to it. Miomora may charge a fee of US$20 per order should a payment made via credit card be declined resulting in the need for alternate payment or exception processing.
Deliveries & Returns
Miomora will endeavour to deliver the products to your delivery address within the delivery time, but does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of our control which may result in early or delayed deliveries such as weather, traffic, haze, etc. You agree that Miomora shall not be liable for any deliveries made outside the delivery time frame. If your designated delivery location is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternative location and/or date.
Please notify Miomora immediately of any change to your delivery address, date or time of delivery, or contact number. Any changes in the delivery address or date or time of delivery after the submission of your order may incur an administrative charge of US$20.00.
We ask that you please check your order upon delivery. If you’re not completely happy with your products, let us know within 7 days from your delivery date and we’ll give you a full refund. If there is any damaged or incorrect product(s) (including delivery of additional product(s) not ordered by you), please contact us within 7 days of your delivery date at firstname.lastname@example.org or call us at +1 719-439-4644. Miomora at its sole discretion, will offer a replacement or refund of the damaged or incorrect product(s), or arrange for the re-delivery, collection and/or return of the incorrect product(s).
We ask that all returned products are not used or expired, and in the original box and/or packaging. Miomora reserves the right, but has no obligation to, inspect the returned product and to determine whether the product was rightfully returned in accordance with this paragraph. Where Miomora exercises its right to inspect the Product, Miomora’s decision in respect of such returned products shall be deemed final and binding on you.
The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site and all Content shall vest in and remain with Miomora and its licensors. Consent is granted to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of placing an order with Miomora for your use. Any other use of the materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Miomora is strictly prohibited. You acknowledge that Miomora and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Miomora reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Miomora.
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of Miomora and other third parties, and all rights to the Marks are expressly reserved by Miomora and relevant third parties. You are not permitted to use the name of Miomora or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of Miomora or such third party.
The domain name on which the Site is hosted on is the sole property of Miomora and you may not use or otherwise adopt a similar name for your own use.
Comments, Feedback, and Other Information
You may provide or submit comments, feedback, suggestions and other content or information (collectively, “Comments”) so long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment. Miomora reserves the right (but not the obligation) to review, remove or edit such content.
You hereby grant Miomora a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the Site, for any purpose as Miomora may require at its sole discretion. You further agree that Miomora may use and publish your name in connection with such Comments.
If you have any questions or concerns about these Terms and Conditions or any issues raised in these Terms and Conditions or on the Site, please contact us at email@example.com.
Disclaimers & Limitations
While we make every effort to ensure that the Site, Services and all Content is accurate and complete, we provide the Site, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Miomora disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Miomora does not warrant that the functions contained in or access to the Site, Services, Content or other content will be timely, quality, suitable, available, accurate, uninterrupted, error-free, or without omission, that defects will be corrected, or that the Site, Services, or Content are free of viruses or other harmful components, or that the download, installation or any Content in or with any device will not affect the functionality or performance of the device. Miomora does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site in terms of their correctness, accuracy, completeness, reliability, or otherwise.
The Site and Service is provided to you strictly on an “as is” basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise including or otherwise, including, without limitation, any limitation, any implied warranty or merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by guaranty as to the reliability, safely, timeliness, quality, suitability or availability of any services, products, or goods obtained by third parties through the use of the services or Site, or Services. Your use of the Site, or Services and any third party services or products remains solely with you to the maximum extent permitted by law.
You agree that:
Miomora shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
access to or the operation of the Site and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors;
Miomora’s Site and Service may be subject to limitations, delays, and other problems inherently and in any such event, Miomora shall not be liable for any loss, liability or damage, which may be incurred as a result.
In no event shall Miomora be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Services, the Site Content or any other website or device. In the event that Miomora is liable for damages despite the foregoing provision, you agree that Miomora’s aggregate liability to you for any and all causes of action in relation to:
any order, sale or delivery of any product by Miomora under these Terms and Conditions shall not exceed the price of the product giving rise to such claims; and
in all other cases (including any use of the Site or Services), shall not exceed US$1.
In no event shall Miomora be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site or Content, or your use of, or the inability to use, the Services, Site, Content or any other website or device, even if Miomora or a Miomora authorised representative has been advised of, or should have foreseen, the possibility of such damages.
You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by Miomora at either reasonable costs or no costs to you.
Miomora may provide links, plug-ins, widgets or other connections to other sites (“Linked Sites”) that may be of relevance and interest to users. Miomora has no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites. You hereby agree to assume all risk arising from the use of the Linked Sites and hereby irrevocably waive any claim against us with respect to the Linked Sites. Miomora does not endorse, recommend or guarantee any of the Linked Sites, and Miomora expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.
Security & Privacy
Miomora recognises the importance of keeping your personal information and data secure and private. All personal and payment information submitted to this site is safe and will not be shared or used for any third party marketing purposes.
By accessing the Site and/or providing personal data to Miomora, you hereby acknowledge that you have read this Policy and that you consent to the collection, use and disclosure of your personal data by Miomora in accordance with this Policy. If you do not consent to the terms of this Policy, please do not access the Site or provide your personal data to RedMart.
Suspension and Termination
You agree that Miomora has the right in its sole and absolute discretion and without notice or liability to:
restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or
terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account,
without assigning any reason.
Without prejudice to the generality of the above, Miomora reserves the right to deactivate your Account if it has been inactive for a period of 10 years or more, or if you are in breach of any of our Terms and Conditions.
Notification of Infringement
Miomora reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Site, Services or Content (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or Services, please notify Miomora in writing immediately.
All Infringement Notices shall be sent to Miomora addressed as follows:
1880 Office Club,
Colorado Springs, CO: 80920
Email address: firstname.lastname@example.org
Miomora will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Miomora in respect of any Infringing Material, unless you have first given Miomora the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Miomora refuses or fails to remove the Infringing Material within a reasonable time. Where Miomora removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Miomora under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Miomora.
You acknowledge and agree that Miomora has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third party sites.
The Site and Services are meant primarily for people in the US only. Miomora makes no representation that the Services and Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to indemnify and hold Miomora, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
any use of the Site or any Service;
your connection to the Site;
your breach of any terms and conditions of these Terms and Conditions;
your violation of any rights of any third party, including providers of courier services arranged via the Site or any Service;
your violation of any rights of another person or entity; or
your breach of any statutory requirement, duty or law.
If any provision of these Terms and Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms and Conditions shall continue in force save that such provision shall be deemed to be deleted.
Relationship of Parties
Nothing in these Terms and Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between Miomora and you and neither party shall have any authority to bind the other in any way.
No waiver of any rights or remedies by Miomora shall be effective unless made in writing and signed by an authorised representative of Miomora.
A failure by Miomora to exercise or enforce any rights conferred upon us by these Terms and Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
No party shall be liable for any failure to perform its obligations under these Terms and Conditions if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
For purposes of these Terms and Conditions, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party, and which results in the party being unable to observe or perform on time an obligation under these Terms and Conditions. Such circumstance or event shall include strikes, lockouts, industrial action or labour disputes, riots, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, storm, flood, natural physical disasters, epidemic, quarantine restrictions, disruption to supply lines, and general failure or impossibility of the use of aircraft, shipping, aircraft, motor transport or other means of public or private transport, or political interference with the normal operations of any party.
Governing Law & Jurisdiction
These Terms and Conditions and all matters relating to your access to, or use of, the Site and the Services shall be governed by and construed in accordance with the laws of the USA, without giving effect to any principles of conflicts of law.
You hereby agree to submit to the non-exclusive jurisdiction of the US courts.