Last revised- May 2021
- Company may revise, at its sole discretion and at any time, the Website, including but not limited to its design, content, operation, products sold, promotions, sales, or any features offered therein (the "Services").
- The mere fact that a certain product was put up for sale on the Website on a certain date does not guarantee the continued offering of such product on the Website in the future. Company does not guarantee any minimum volume, availability or selection.
- Purchasing Products on the Website
- Notwithstanding the aforesaid, Company may disallow a certain Client to purchase products on the Website – due to any reason whatsoever, even in the event such Client has already ordered products on Website in the past. Without derogating from the aforesaid hereinabove, Company may void Clients’ eligibility to place Website transactions in any of the following cases:
- Incorrect details were provided by the Client during Website registration;
- Client’s action or inaction impacts or might impact the Website, Services, Company or any third parties;
- The Services and/or Website were used by a Client to carry out an illegal act under any applicable law or to allow, aid, abet or encourage the carrying out of such act;
- Client’s breach of the terms of this Agreement.
- Company shall conduct a credit card check through a clearing company for each transaction payment; the transaction will be approved subject to the credit company’s approval. No transactions will be approved for holders of blocked and/or restricted-use credit cards.
- In areas with limited access due to security reasons, MAELYS may place products for Clients in an acceptable, nearby location, to be coordinated in advance.
- Dates and Supply
- It is hereby clarified that you shall have no argument, demand or suit against Company due to shipping, other than arguments related to a breach of the obligations included in this Agreement.
- It is clarified that Company shall not be held liable for delays resulting from incorrect details given by a Client, or delays emanating from the shipping company.
- Changes and Cancellations
- You may cancel a transaction as described in our Returns Policy, and subject to your rights under applicable law.
- In the event a Client did not finish an order, including due to failure to complete details, e.g. name and payment method number, within 14 days of placing the order, Company may cancel the order at its sole discretion.
- Post-shipping cancellation. A product can be returned within 14 days of purchase provided that no use was made, and it is returned in its original packaging. The product is meant for personal use only; opening the packaging shall be seen as product use. Please see our Returns Policy for more information.
- Shipping inspection: you are required to inspect the shipping contents immediately upon receiving it and compare it to both your order and the invoice given to you soon before the shipment, without delaying the courier. Any question or inquiry regarding the supplied order should be referred to customer service via Website’s Contact Page within 24 hours of delivery. In the event the product arrived in any faulty condition, Company shall ensure the supply of a new product to Client at its own expense.
- Pricing Updates
- Company may change product prices as specified below, at its sole discretion and without being required to provide prior notice.
- Taxes and fees
- Items sold on the Website and shipped to locations in the US, including territories may be subject to tax.
- Shipment to countries outside of the U.S. may be subject to taxes such as VAT, customs duties and fees levied by the destination country ("Import Fees"). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees.
- To obtain details regarding the Actual Import Fees, or to obtain documentation or receipts in connection with customs clearance, you may contact the Designated Carrier specified in your shipment confirmation.
- Payment Method
- The Website accepts payment via valid credit cards only or PayPal.
- MAELYS reserves the right to stop accepting any payment method on Website, permit the use of other payment methods, and apply various payment arrangements for credit card types or payment methods accepted by MAELYS.
- Payment Terms and Schedule
- Payment terms and schedule shall be decided by Company. Possible payment dates and number of installments shall be displayed to your approval upon order confirmation.
- Promotions, Benefits and Discounts
- The Website offers sales promotions, benefits and discounts to its clients. Company may offer promotions, benefits and various discounts on Website as per its needs, and may also, at any time, stop such promotions, benefits and discounts, replace or change them, without being required to provide prior notice.
- Company shall not accept and there will be no multiple promotions, benefits or discounts on Website.
- Proprietary rights
- "Maelys", "Maelys Cosmetics" and the “Maelys" Logo are the trademarks of Company. Company's trademarks may not be used without Company's written permission. Other trademarks, service marks, and trade names that appear on the Website or Services may be registered marks of their respective owners and You are not permitted to use them without the consent of such owners.
- Company retains all right, title and ownerships in and of the Website and Services or any part thereof, including without limitation, their design and layout, contents (excluding User Content), copyrights, patents, trademarks, service marks and logos, database whether registered or not (the "Materials"), except as expressly excluded in this Agreement.
- You are granted only a limited and revocable right to use the Website and Services, subject to the terms of this Agreement, and for personal use only. Under no circumstances will you acquire any right, interest or title to any part of the Site, Services or Materials.
- Acceptable Use Policy; Restrictions On Use
- Your use of the Website and Services is subject to the following restrictions:
- You may not use, sell, rent, lease, copy, modify, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, or otherwise make unauthorized use of the Materials, without the Company's prior explicit written consent; Likewise, You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website or Services, without the Company's prior explicit written consent;
- Except as expressly stated herein, no part of the Website, Services or Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without the Company's prior explicit written consent;
- You shall not access the Website or Services in order to build a similar or competitive service;
- You may not use the Website and Services in connection with material which promotes illegal activities, or the violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade secret information of any third party), data protection and privacy, including, but not limited to, content which disseminates another person's personal information without his or her permission;
- The Website and Services may not be used or accessed by any automated machine, bot, spider, or such other automated feature or service;
- You shall not impersonate any person or entity or otherwise misrepresent affiliation, connection or association with any person or entity, or use any fraudulent, misleading or inaccurate contact information;
- You may not remove, circumvent, disable, damage or otherwise interfere with any features of the Website, or attempt to gain unauthorized access to any portion of the Website or Services through any means, or interfere with, corrupt, or disrupt the operation or performance of the Website or the ability of any other person to use the Website or Services, including, without limitation, transmitting content that contain any viruses, worms, Trojan horses, or other destructive items or harmful codes, or placing excessive load on the servers, or attempting to degrade the performance of the servers in any way;
- You may not violate other users' or third parties' rights to privacy, publicity and other rights, or harvest, scrape, data aggregate, data mine, screen scrape, index or collect data and information about other users or third parties without their consent, whether manually, or automatically with the use of any means, including without limitation bots, crawlers, spiders, sifters and load testers, without the express written consent of the Company, or engage in testing, pen-testing, sniffing or monitoring of the Service, its systems, software or hardware in any way;
- You may not use the Website or Services in connection with material which a reasonable person could deem to be: offensive, inaccurate, incomplete, abusive, obscene, objectionable, defamatory, libelous, fraudulent or deceptive, indecent, pornographic, profane, threatening, advocating harassment or intimidation, distressing, vulgar, hateful, malicious, harmful for minors, racially or ethnically offensive, advocating racism, bigotry, hatred or physical harm of any kind against any group or individual, or disparaging the religious, political, or legal agenda of any person or entity, or is otherwise inconsistent with this Agreement including any of our policies;
- Company reserves the right, at any time, to modify, suspend, or discontinue the Website or Services or any part thereof with or without notice. You agree that Company will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Website or Services or any part thereof.
- Your use of the Website and Services is subject to the following restrictions:
- User Content
- "User Content" means any and all information and content that You submit to, or use with, the Website or Services (e.g., user reviews, photos etc.). If you upload User Content to the Website, You hereby represent and warrant that: (a) You are the owner of the User Content, or have sufficient rights and authority thereto; and (b) Your User Content does not violate the Agreement; and (c) your User Content does not contain any virus, adware, spyware, worms, or other harmful or malicious code. You alone are responsible for Your User Content.
- By posting or uploading User Content, You hereby grant, and You represent and warrant that You have the right to grant, to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content, and to grant sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to User Content.
- If You provide Company any feedback or suggestions regarding the Website or Services ("Feedback"), You hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback You provide to Company as non-confidential and non-proprietary. You agree that You will not submit to Company any information or ideas that You consider to be confidential or proprietary.
- We reserve the right (but have no obligation, except as and to the extent required by applicable law) to review any User Content, investigate, and/or take appropriate action against You in our sole discretion (including removing or modifying Your User Content, terminating Your account, and/or reporting You to law enforcement authorities) if You violate any other provision of this Agreement or otherwise create liability for us or any other person.
- Company is not obligated to backup any User Content and User Content may be deleted at any time. Each Website user is solely responsible for any and all of its User Content. Company does not control User Content, nor shall Company be responsible for any User Content. Company makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. You are solely responsible for Your User Content. You assume all risks associated with use of User Content, including with regard to any reliance on its accuracy, completeness or usefulness by others, or with regard to any disclosure of Your User Content that makes You or any third party personally identifiable.
- Third Party Services
- The Website might contain links to third party services, websites and advertisements for third parties (collectively, "Third Party Services"). Such Third Services are not under the control of Company and Company is not responsible for any Third Party Services. Company provides these Third Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Services. You use all Third Party Services at Your own risk.
- When You use a Third Party Service, the applicable third party's terms and policies apply, including such third party's privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before interacting with such Third Party Services.
- To the fullest extent permitted by law, You hereby release and forever discharge Company (and its officers, employees, agents, successors, and assignees) from, and hereby waive and relinquish, each and every past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature, that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Clients or Third Party Services.
- IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTORINE.
- Indemnity; Limitation on Liability; Disclaimer of Warranties
- You agree to indemnify, defend, and hold Company (and its affiliated companies, subsidiaries, contractors, officers, employees, and agents) harmless, from any claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys' fees, made by any third party due to or arising out of (a) Your use of the Website, products or Services, (b) Your User Content, or (c) Your violation of this Agreement or of applicable law (d) a violation of the rights of any other person or entity by you, or of any intellectual property right, publicity, confidentiality, property or privacy right. Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
- THE WEBSITE, INCLUDING ANY PRODUCTS SOLD AND SERVICES RENDERED THROUGH IT, ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO WARRANTY THAT THE WEBSITE, PRODUCTS OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. IN NO EVENT SHALL COMPANY IS LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, PRODUCTS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE, PRODUCTS AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING BUT NOT LIMITED TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED US DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- This Website provides general information in various fields, whether by direct correspondence, articles, ads or other methods. However, it is hereby clarified that the information provided on the Website does constitute or replace medical advice or consultation and should not be regarded as such; Any Client who suffers from any medical issue, including skin problems, allergies or any sensitivities – must consult with a physician prior to using any product. Under no circumstances shall Company be held liable for any use of a product or reliance on any information, in contradiction to the above.
- Copyright Policy
- Company respects the intellectual property of others and asks that users of our Website and Services do the same. In connection with our Website and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Website and Services who are repeat infringers of intellectual property rights, including copyrights.
- If You believe that one of our users is, through the use of our Website and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that You claim to have been infringed;
- Identification of the material on our services that You claim is infringing and that You request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that You have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are either the owner of the copyright that has allegedly been infringed or that You are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
- For any copyright related inquiries please contact us using the below details:
Email: [email protected]
Address: MAELYS COSMETICS USA INC
251 Little Falls Drive
Wilmington, New Castle, Delaware,
United States of America
- Miscellaneous; Privacy and Data Protection
- Company shall take all reasonable steps to secure the information provided by the user. However, it is clarified that Company cannot perfectly secure its information system and communications against unauthorized penetration and prohibited use by third parties. Therefore, Company shall not be held liable, directly or indirectly, to unauthorized penetrations of others or as a result of actions and/or inactions not under Company’s control.
- Amendments to this Agreement
- Company reserves the right, at its sole discretion, to periodically amend or revise the terms of this Agreement; material changes will be effective immediately upon the publication of the amended Agreement. Your continued use of the Website or Services, following the amendment of the Agreement, constitutes your acknowledgement and consent of such amendments to the Agreement. The last revision will be reflected in the "Last revised" heading above.
- The Company may assign its rights according to this Agreement to any third party at its sole discretion. You may not assign or delegate your rights according to this Agreement, without the Company's prior written consent.
- If any part of this Agreement is deemed void, unlawful, or for any reason unenforceable or invalid, then that part shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of the Agreement.
- Failure to assert, at any time, any right, or require performance with regard to this Agreement by or on behalf of the Company shall not constitute concession, yield, waiver or relinquishment of any sort, and shall not limit the Company's rights with respect to such breach or any subsequent breaches. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
- Use of the Website shall be governed by the laws of the State of Israel.
- Exclusive jurisdiction in any matter resulting from use of the Website shall be given to the competent courts of law in Tel Aviv only.
- Contact Us.
- If you have any questions about our Website or Services, you can contact us at [email protected].
MAELYS LOYALTY PROGRAM TERMS AND CONDITIONS
The Maelys Loyalty Program Terms and Conditions (the “Program”) is a loyalty program offered by Maelys (the “Company”, “us”, “our” or “we”) to its customers. The Program allows persons who have completed the membership enrolment steps (a “Member”) to collect Points when making purchases on Company website or by completing various engagement tasks ("Points"). Members acquire no vested right to the entitlement of, or to the continued availability of, any particular reward, benefit or redemption level.
The terms and conditions set forth herein (the “Program Terms”) govern the Program. The Company in its sole discretion can, restrict, suspend, amend, extend or otherwise alter the Program Terms at any time and without prior notice. By using or enrolling in the Program, you accept and agree to be bound by these Terms and Conditions. We encourage Members to review the Program Terms each time they use the Program.
Membership is free and no initial purchase is required in order to become a Member. To become a valid Member, you must complete the enrolment process by providing complete and accurate information and indicating your acceptance of the Program Terms. By enrolling in the Program, each Member agrees to the Program Terms, as they may be amended from time to time. Notably, all customers will collect Points, yet, Points redemption can be done only by Program Members, i.e. registered customers.
Passwords and Security
In order to enroll in the Program, you will have to register and create an account by providing an email address and password. Only one Program Member account (“Account”) is permitted per person. You are responsible for maintaining the confidentiality of your account credentials. You agree not to use the account credentials of any third party or disclose your account credentials to any third party. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorized use of your Account, you must notify us immediately. You agree to provide us with correct and complete information at all times and inform us of any changes to the information you have provided.
If the Company determines that a Program Member has abused any of the Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to the Company the Company may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, revoking any or all of the Points in such Program Member’s Account, or revoking the Program Member’s membership in the Program, in each case, with or without advance notice to the Member and without liability to the Company.
Points will not be awarded if in the Company’s reasonable opinion the merchandise purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited. If a Member was awarded Points for an offer or promotion in which a Member purchased product(s) in excess of reasonable quantities, the Points awarded as a result of that offer or promotion may be forfeited without prior notice and the Account may be suspended or closed.
Change in Information
Program Members are responsible to advise the Company immediately of any change to their contact information. The Company will not be responsible for any misidentification resulting in non-eligibility or communications not received by a Program Member, provided that the Company relied on the information, or sent such communication using the contact information then on file from such Program Member.
Inactive Accounts; Account Closure
A Program Member Account is deemed to be inactive if Points are not earned in connection with such Account for one (1) year. Once an Account is deemed to be inactive, all Points in such Account may, in the Company’s sole discretion, be deemed to have been forfeited by such Member, with or without notice. Points are reduced to zero upon closure of a Membership.
The Program is Points based and is divided into 3 tiers (the “Tiers”). Each tier has different benefits. The highest tier includes all benefits of lower tiers and more. Our Tiers benefits include, but not limited to, Points Multiplier, Birthday Reward, Free Samples, and Early Access to New Products, Free Shipping (for domestic orders only), Exclusive Full Size Product Rewards, and Free Skin Care Consultation etc. Tiers upgrade or downgrade are based on money spent within a 12 months period. The ratio of money spent to Points will change according to the Tier.
Users can earn Points from making purchases in the Company website (the “Website”) regardless of method of payment, provided that their email address is provided at the time of purchase.
Every $1 USD spent equals to 1 Point received (same as Euro & GBP). For AUD and CAD every $1 AUD/CAD spent equals to 0.5 Points received.
Users can also earn Points for completing various engagement tasks (the "Tasks") in the Website, e.g. reading a blog article, follow the Company on applicable social media platform, write a review etc. Some of the Tasks can be done repeatedly while others can only be done once per user.
All Points will expire after 12 months of inactivity. In this context, inactivity refers to customers who have not earned or redeemed any Points within the selected time frame.
Program Member gets 100 Points for their birthday. If a Program Member enrolls at the same month of his/her birthday, the benefit will be provided to the Program Member in a delay of 30 days from the date of enrollment.
Only one (1) redemption can be made per order.
Points can be redeemed either: (a) for items identified from time to time by the Company (“Eligible Products”) or (b) in exchange for a discount, whereby every 100 points equals $10 USD (same as Euro & GBP), and every $10 AUD or CAD equals 50 points.
Points can only be redeemed in a certain amount, according to the following options: USD, Euro and GBP – $10/ $20 / $30 / $40; AUD and CAD – $20 / $40 / $60 / $80 (i.e. 100/ 200/ 300/ 400 Points).
A Member must provide his/her email address when redeeming Points to protect the integrity of the Member’s Points balance. Each Member is responsible to ensure that the email address is correct. The Company reserves the right to block redemptions where the email address is inaccurate or incomplete.
In order to redeem Points, whether in exchange for discount or for Eligible Products, a paid product must be in the cart while checking out.
Points have no cash value and are not exchangeable for cash. The accumulation of Points does not entitle the Program Members to any vested rights, and the Company does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. The Company assumes no liability to Members as regards the addition or deletion of items from or for which Points can be collected or redeemed.
Points cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any Points so acquired are void.
Return and Exchange
In the event of a return or exchange of any eligible purchase that initially earned Points, such Points will be deducted automatically from the Account that was used for the eligible purchase (whether or not the email address is presented at the time of return or exchange). Points will be deducted at the same rate as they were earned.
Points vs. Coupons
When using both Points and coupon code (which are not for Program Members only) the Points will be deducted first and the coupon code discount will be redeemed later.
Program Members can earn additional Points for referring friends, whereby the referrer and each referral shall receive a $15 USD coupon code.