Terms and Conditions
Effective May 13, 2025
These Terms of Use ("Terms") explain the contractual relationship between you and Maison Miru LLC ("Maison Miru" "us," our" or "we"), regarding your use of, and access to, our website located at www.maisonmiru.com ("Website") and the features, content, products, services and functionality thereof (the "Service"). These Terms, which include our Privacy Policy, govern your access to and use of the Website, Service and Maison Miru Content (as defined below), and constitute a binding legal agreement between you and Maison Miru.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICES (INCLUDING WITHOUT LIMITATION BY PURCHASING THE PRODUCTS), THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, AND YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF USE PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING ANY MODIFICATIONS TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES OR PURCHASE THE PRODUCTS.
IMPORTANT: THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF CLAIMS BETWEEN YOU AND THE COMPANY, INCLUDING THE REQUIREMENT THAT YOU RESOLVE ANY DISPUTES YOU HAVE WITH US THROUGH FINAL AND BINDING ARBITRATION AND A RELEASE OF CLAIMS. THE ARBITRATION AGREEMENT REQUIRES, WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING OR PROPOSED CLASS ACTION LITIGATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE THE DISPUTES CLAUSE IN SECTION 24 BELOW FOR MORE INFORMATION.
We limit the use of the Services to individuals that are 18 years of age or older. By using and accessing the Services, you represent and warrant that you are 18 years of age or older.
Note to Social Media Users. When purchasing products and services from this Website, our Facebook or Instagram profile or other social media page, and when posting information to or otherwise communicating via that page or your own social media page, your activities online are subject to the Terms, user's agreement or other terms and conditions imposed by that social media web site, which may contain terms and conditions different from these Terms. Please see the following pages for further details:
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http://www.facebook.com/legal/terms (Facebook's Statement of Rights and Responsibilities);
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http://www.help.instagram.com/termsofuse (Instagram's Terms of Use);
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https://x.com/en/tos (X's Terms of Service); and
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http://www.google.com/intl/en/policies/terms (Google's Terms of Service)
1. Access
Please read the Terms carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and Privacy Policy, found at https://www.maisonmiru.com/policies/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.
2. Eligibility
You represent and warrant that: (i) you are at least eighteen (18) years old, (ii) you have the right, capacity and authority to be bound by these Terms, and (iii) you will abide by all these Terms. If you place an order through the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Maison Miru products or purchase Maison Miru products for commercial purposes or any other commercial benefit. If we believe, in our sole discretion, that an order would violate the terms of the preceding sentence or that a User is engaging in fraudulent, objectionable or grey market activities, we may refuse such order.
3. Account
To place an order through the Website, you may either (1) register and create an online account at www.maisonmiru.com ("Account"), or (2) place an order as a guest without creating an account via guest checkout. In order to create an Account, you are required to enter a unique user ID and password, as well as provide registration information, such as your name, phone number, street address, an active e-mail address and any additional information in accordance with the registration form prompts ("Account Data"). You agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your Account Data and any other information you provide to us, to keep it accurate, current and complete; and (c) be fully responsible and liable for all use of your Account. You may not transfer your Account to another person or share it with anyone. You are responsible for all activities that occur under your Account. We will not be responsible for any issues that may result if you fail to comply with these requirements. You agree to notify us immediately of any unauthorized use of your Account or any breach of security with respect to your Account. You also agree to ensure that you exit your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
4. E-mail Communications
You consent to receiving communications from us via email in connection with your use of the Service. You may opt out of marketing or promotional messages by following the prompts in email messages; however, doing so may limit your awareness of new products, services, promotions and/or related updates from Maison Miru. You acknowledge that even if you opt out of marketing communications, we may continue to send you transactional or service-related messages. Your consent to receive automated marketing messages is not a condition of purchase and is governed by applicable law, including the Telephone Consumer Protection Act (TCPA).
5. Text Messages
By providing your mobile number and completing the required opt-in steps (such as replying 'YES' to a confirmation message or sending a subscription message), you consent to receiving recurring automated marketing text messages from Maison Miru. Consent is not a condition of purchase. Message and data rates may apply. You can opt out at any time by replying STOP. You can also contact us by email at privacy@maisonmiru.com to request we stop sending you text messages.
6. Promotions and Loyalty Program
From time-to-time we may host certain promotions, sweepstakes, contests, barter transactions and other giveaways on or through the Website or Services. We are not responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto ("Taxes"), that may apply to transactions on this Website. You agree that you are solely responsible for determining what, if any, Taxes apply to your transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities. Unless otherwise indicated on an applicable invoice, amounts due on this Website are exclusive of sale, use, value added or similar Taxes ("Sales Taxes"). This means that Sales Taxes become your sole responsibility. Upon our request, you agree to promptly provide a properly executed Internal Revenue Service Form W-9 or applicable Internal Revenue Service W-8 and any other tax form that is reasonably required by us so to comply with our tax reporting obligations.
We offer a loyalty program that allows eligible users of the Website and Services to participate or otherwise benefit from certain rewards, discounts, or other benefits ("Loyalty Program"). Participation in the Loyalty Program is voluntary.
Our Loyalty Program is operated and managed, in whole or in part, by a third-party service provider, Okendo Pty Ltd ("Okendo"). By enrolling in, participating in, or using any feature of the Loyalty Program, you agree that certain information you provide, including personal information, may be shared with Okendo and processed by Okendo in accordance with their Terms of Service and Privacy Policy. We are not responsible for the acts, omissions, or services provided by Okendo or any other third-party service provider engaged in connection with the Loyalty Program.
Your participation in the Loyalty Program is governed by The Stack Loyalty Program Terms and Conditions, ("Loyalty Terms") located at https://www.maisonmiru.com/pages/loyalty-terms, which are incorporated into and form part of these Terms. In the event of a conflict between these terms and the Loyalty Terms, the Loyalty Terms shall govern matters specifically relating to the Loyalty Program.
The Loyalty Terms contain additional information about eligibility, earning and redeeming rewards, and other program features. We encourage you to read them carefully before participating.
7. Product Availability; Quantity
All orders placed through the Website are subject to availability and acceptance by Maison Miru. Maison Miru reserves the right to change the products listed on the Website without prior notice and/or may limit from time to time the quantity of Maison Miru products that may be ordered by a User in a single buying session. The product pages of the Website can provide you with information regarding products that are currently available. Products that are unavailable may display a "Coming Soon" or "Out of Stock" notice, as applicable, on the product pages. Maison Miru may modify or discontinue any products on the Website. If Maison Miru discontinues a product you have ordered, Maison Miru will give you a full refund for any product purchased but not yet shipped.
8. Prices and Taxes
All prices (and the associated costs of shipping and tax) shown on the Website are in U.S. Dollars. Maison Miru reserves the right to modify prices at any time without prior notice. The price of a product displayed on the Website at the time Maison Miru provides you with confirmation of your order will be honored. Sales and use taxes will vary based on the location to which products are being shipped. The actual sales tax associated with your purchase will be calculated at the time your order is to be shipped. Please note that changes to applicable law between the date your order is placed and the date you are sent a shipping confirmation may result in changes to the sales tax associated with your purchase.
9. Payment
Maison Miru uses Shopify to process all payments. We accept payment via all major credit cards. When placing an order on the Website, you will need to enter your payment details on the appropriate form, as prompted. Maison Miru is prohibited under U.S. law from making sales of its goods to individuals or companies designated on the Office of Foreign Assets Controls Specially Designated Nationals List, or to countries sanctioned by the U.S. Any such transactions will be declined.
Maison Miru takes reasonable measures - including administrative, technical, and physical measures - to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Although we will do our best to protect your personal information, we cannot guarantee the security of the data you transmit to us. Any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information, please view our Privacy Policy.
10. Shipping Policy
Maison Miru ships its products worldwide, using USPS First Class for US deliveries and DHL International for international deliveries. We offer free standard shipping on all US orders $150 and over. On US orders below $150, we offer flat rate shipping of $7. We offer flat rate shipping on all international orders, and prices vary by country. Orders are typically fulfilled and shipped within 1-3 business days of purchase. We ship from Monday through Friday, excluding holidays. You will be charged at the time the order is placed. When your order ships, we will email you a shipping confirmation.
We may require a signature upon delivery for fine jewelry orders over $200 and all international orders over $200. If you won't be home to sign for your package, we can remove the signature requirement. However, if we remove the signature requirement, we unfortunately can't assist in the event the package is lost or stolen in transit and Maison Miru disclaims liability for loss or theft post-shipment.
Please be aware that all international orders, regardless of shipping method, may be subject to additional duties and import taxes upon delivery. These fees are calculated by customs officials, and are difficult to estimate prior to shipment. Duties and taxes are not included in the prices listed on our Website. Please also be aware that delays in customs are becoming increasingly common. Packages may take longer to arrive at international destinations, and we cannot control or prevent this type of delay.
If you have specified a recipient who is not you for delivery purposes (for example, as a gift) then you understand and accept that delivery at that address is evidence of delivery and fulfillment of the sale contract by Maison Miru in the same way as if the goods had been delivered to you.
Title and risk of loss for the products pass to you upon our delivery to the carrier.
11. Return and Exchange Policy
Returns: We accept returns of most undamaged items within thirty (30) days of purchase. Custom items and items marked "Final Sale," however, are not returnable. Unauthorized returns may be returned to the sender. Refunds are issued in the original form of payment for all purchases and typically processed within ten (10) business days of receipt of returned items. Refund timing may vary depending on your financial institution. Additional information regarding returns and exchanges can be found here https://www.maisonmiru.com/pages/returns-and-exchanges.
Exchanges: We accept exchanges of most undamaged items within thirty (30) days of purchase. Custom items and items marked "Final Sale," however, are not subject to exchange. Exchanges are not automatic because our stock is limited. Additional information regarding returns and exchanges can be found here https://www.maisonmiru.com/pages/returns-and-exchanges.
12. Ownership
All materials (excluding User Submissions, as defined below) contained on, in, or available through the Website and its entire contents, features and functionality and Service, including all information, data, text, sound, photographs, graphics, the selection and arrangement thereof, and all source code, scripts, software compilations, and other materials ("Maison Miru Content") are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All trademarks, service marks, trade dress and other intellectual property rights, including but not limited to copyrights, and all derivative works thereof associated with the Maison Miru Content, whether registered or not, are our sole property. The Maison Miru Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. Any software provided through the Service is licensed, not sold, to you, and your use is subject to these Terms. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Website or Service, any ownership rights in the Maison Miru Content. These Terms will govern any upgrades provided by us that replace and/or supplement the original Website or Service, unless such upgrade is accompanied by separate terms in which case such updated Terms will govern.
These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or Services, except as follows:
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Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
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You may store files that are automatically cached by your Web browser for display enhancement purposes.
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You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
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If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
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If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
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Modify copies of any materials from this site.
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Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
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Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
13. Limitations on Use
You are granted a limited, non-sublicensable license to access and use this Website and the Maison Miru Materials for personal, informational and shopping purposes only. You may use the Website only for lawful purposes and in accordance with these. You agree not to use the Website:
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In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
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For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
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To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.
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To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
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To impersonate or attempt to impersonate Maison Miru, a Maison Miru employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
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To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Maison Miru or users of the Website, or expose them to liability.
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To create, develop, license, install, use, or deploy any third-party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Website or Service.
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To copy (except as expressly permitted by these Terms) or publish the Website for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website or Service, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website, if any).
Additionally, you agree not to:
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Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
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Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
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Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
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Use any device, software or routine that interferes with the proper working of the Website.
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Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
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Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
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Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
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Otherwise attempt to interfere with the proper working of the Website.
Any attempt to do any of the foregoing is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Website or Service in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.
14. Comments, Feedback and Suggestions
You acknowledge that any comments, feedback, suggestions, ideas, pictures, video etc. (collectively, "Feedback") disclosed, submitted or offered to us, shall remain our exclusive property and may be used by us in any medium and for any purpose without obtaining your specific consent and without any attribution or compensation to any party. You hereby assign to Maison Miru on your behalf, and to the extent applicable, on behalf of your employees, affiliates, contractors and/or agents, all right, title, and interest in, and to any such Feedback. We are not under any obligation use any Feedback, to maintain your name or Feedback in confidence or to pay to you any compensation for any Feedback submitted, or to respond to any of your Feedback. You agree that you will be solely responsible for the content of any Feedback you make.
15. User Submissions
The Service may enable you to submit and post content on the Website, which may include personal information, reviews and ratings ("User Submission(s)"). You acknowledge and agree that you are solely responsible for any User Submission that you transmit, send or display through the Service and we are not responsible to you or any third party for any User Submission that is transmitted or shared by you or any other User. By uploading, publishing, modifying or displaying User Submissions to any part of Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such User Submission for any purpose in any media now known or hereafter developed.
You represent and warrant that: (i) you are either the sole and exclusive owner of all User Submissions that you make available through the Service or you have all rights, licenses, consents and releases that are necessary to grant to Maison Miru the rights in such User Submissions, as contemplated under these Terms; and (ii) neither the User Submission nor your posting, uploading, publication, submission or transmittal of the User Submission or Maison Miru's use of the User Submission (or any portion thereof) on, through or by means of the Service will (a) infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or (b) result in the violation of any applicable law or regulation, including but not limited to any applicable privacy and data security laws and regulations. You retain sole responsibility for your individual compliance with all applicable laws.
You understand and agree that we do not verify or vouch for any such User Submission and if we determine in our sole discretion that any User Submission is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse, or remove the User Submission; (b) revoke the applicable User's right to use the Service; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provision of these Terms. In addition, notwithstanding anything to the contrary contained in these Terms, we may take-down or delete any User Submission for any or no reason without prior notice to you and without liability.
16. U.S. Jurisdiction
The Website and Service are controlled and operated by Maison Miru from the United States and are not intended to subject Maison Miru or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. Maison Miru does not represent or warrant that the Website or Service or any part thereof are appropriate or available for use in any jurisdiction other than the United States. If you access the Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.
17. Access
There is no charge to access and browse the Service. However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to access and browse the Service, you are required to have a compatible computer, tablet device or mobile telephone, internet access, mobile network access, and an Android or iOS operating system. The software for the Website may be upgraded from time to time to add support for new functions and services.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
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Making all arrangements necessary for you to have access to the Website.
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Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You may need a high-speed Internet connection and/or minimum system and/or browser requirements to access and use certain aspects of the Services.
When you access the Services through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using certain Services may be prohibited or restricted by your network provider and not all Services may work with your network provider or device.
18. Rules of Conduct
In connection with your use of the Service, you will not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input to the Service any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) use the Service for any unlawful or unsafe purposes; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other Users; (vi) violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Service; (viii) transmit, access or communicate any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Service, obtain or accumulate personal information about other Users, or collect or store personal data about other Users; (x) modify, delete or damage any information contained on the mobile device or personal computer of any other Users; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Service in any manner that in our sole judgment, adversely affects the performance or function of the Service or interferes with the ability of other Users to access or utilize the Service; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that you undertake to use the Service only for purposes that are in strict compliance with (a) the Terms and the license granted hereunder, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and you shall take no actions which would cause us to be in violation of any applicable law, ruling or regulation.
19. Suspension; Termination
We may terminate your access to the Services, without notice, for conduct we believe violates these Terms, our policies, is harmful to our business interests, or for an inactive account.
We also reserve the right to suspend or cease providing the Services, with or without notice, and we shall have no liability or responsibility to you if we do so. This includes without limitation the right to refuse service, terminate accounts, remove or edit User Content and Content and/or cancel orders in our sole discretion.
If your access to the Services is terminated, you will remain personally liable for any orders you placed or charges or other liabilities incurred by you prior to such termination.
20. Third Party Content and Services
These Services may contain links to other websites and/or other third-party content. These links are provided solely for your convenience; we do not undertake any obligation to review or monitor any third-party websites linked from or to the Services and do not make any representations or warranties with respect to such third-party websites. If you decide to access a linked third-party website, you do so at your own risk. We shall not be responsible for any information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. The inclusion of these links does not imply any endorsement, representation or warranty by us with respect to any such website or the content or services contained through such websites. You agree not to link any websites to the Services without our express prior written consent.
Maison Miru may display advertisements and promotions from third parties on this Website or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Maison Miru is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Maison Miru advertisers or third-party information on this Website.
21. Disclaimer of Warranties
THE SERVICES ARE MADE AVAILABLE BY MAISON MIRU "AS IS," WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, ACCURACY OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND EXPRESSLY DISCLAIMED. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SERVICES AND ACKNOWLEDGE THAT THE SERVICES MAY BE CHANGED FROM TIME TO TIME IN OUR SOLE DISCRETION. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICES OR ANY WEBSITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE SHALL NOT BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY PROVIDER IN CONNECTION WITH ANY OF THE FOREGOING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
22. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MAISON MIRU OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA), OR ANY OTHER DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR RELIANCE ONTHE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICE OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE WEBSITE OR SERVICE. GIVEN THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL MAISON MIRU'S AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE WEBSITE OR SERVICE EXCEED THE PRICE PAID BY YOU WITH REGARD TO THE PARTICULAR CLAIM, OR, IF YOU HAVE NOT PAID MAISON MIRU FOR ANY PRODUCT, THE AMOUNT OF $25.00 U.S. DOLLARS.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY (A) THE MALFUNCTION, UNEXPECTED FUNCTION, OR UNINTENDED FUNCTION OF ANY COMPUTER NETWORK, INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH VIRUSES, HACKING, OR CYBERSECURITY BREACHES; (B) ANY CHANGE IN LAW, REGULATION, OR POLICY; OR (C) FORCE MAJEURE EVENTS (INCLUDING BUT NOT LIMITED TO (I) ACTS OF GOD, NATURAL DISASTERS, COURT ORDERS, OR GOVERNMENTAL ACTIONS; (II) FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS, OR INFORMATION SYSTEMS; (III) DELAYS, FAILURES, OR INTERRUPTIONS IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES AND SITES; (IV) STRIKES, LOCKOUTS, LABOR DISPUTES, WARS, TERRORIST ACTS, AND RIOTS; OR (V) VIRUSES, MALWARE, OR OTHER MALICIOUS CODE AFFECTING OUR OR THIRD-PARTY SYSTEMS).
THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
Any and all of our indemnities and warranties (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth in this Agreement. Nothing in this Agreement excludes or limits liability which may not be limited or excluded under applicable law. Nothing in these Terms excludes or limits any rights you may have as a consumer under applicable local law.
23. Indemnification
By using the Website or Service, you agree to defend, indemnify and hold us, our affiliates, partners, officers, directors and employees, managers, members, and other customers harmless from any and all claims, liabilities, demands, actions, damages, losses, costs and expenses, including without limitation, reasonable attorneys' fees, arising out of or related to you or any other person's use of your credentials or Account, or in any way in connection with your (a) use of the Service; (b) breach or violation of the Terms; (c) violation of applicable law; (d) violation of any rights of any other person or entity; or (e) the creation, placement or transmission of any message, information, software or other materials through the Service by you (collectively, "Indemnified Matters"). We shall control the defense of any Indemnified Matters through counsel of our choice. This indemnity shall apply to your successors and assigns and shall survive any termination or cancellation of these Terms.
24. Disputes
By agreeing to the Terms, you and Maison Miru agree to arbitrate, as provided below, all disputes between you and Maison Miru, that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. "dispute" means any past, present, or future disagreement, claim, or controversy between you and Maison Miru relating to the Website, the Services, your access to or use of the Services, Maison Miru products, or these Terms-including their existence, breach, enforcement, interpretation, or validity-regardless of legal theory. You and Maison Miru empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these Terms are void or voidable.
In the event of a dispute, you or Maison Miru must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the Dispute, and the relief requested. You must send any notice of dispute to Maison Miru, 180 Varick Street, Room 410, New York, New York 10014, Attention: Legal. We will send any notice of dispute to you at the contact information we have for you. You and Maison Miru will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and Maison Miru do not resolve a dispute by informal negotiation or in small claims court, You and Maison Miru agree that any dispute will be settled by binding arbitration between you and Maison Miru, and not in a court of law. You may choose to have the arbitration conducted by teleconference, based on written submissions, or in person. You further agree that if your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules. The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any part of this Section is void or voidable. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator's decision shall be final and binding on all parties.
If any part of this Arbitration Agreement is found to be unenforceable, the remaining provisions shall remain in effect to the fullest extent permissible under law.
Any cause of action or claim you may have, regardless of form, which arises from or is related in any way whatsoever to these Terms, or your use of the Website or Services, must be commenced by you within twelve (12) months after such cause of action accrues; otherwise such cause of action or claim is permanently barred.
ARBITRATION OPT-OUT. MAISON MIRU'S UPDATES TO THESE TERMS DO NOT PROVIDE A NEW OPPORTUNITY TO OPT OUT OF THE ARBITRATION AGREEMENT FOR CUSTOMERS OR USERS WHO HAD PREVIOUSLY AGREED TO A VERSION OF THESE TERMS AND DID NOT VALIDLY OPT OUT OF ARBITRATION. MAISON MIRU WILL CONTINUE TO HONOR THE VALID OPT OUTS OF CUSTOMERS WHO VALIDLY OPTED OUT OF THE REQUIREMENT TO USE ARBITRATION IN A PRIOR VERSION OF THESE TERMS. IF YOU ARE A CUSTOMER WHO CREATES A MAISON MIRU ACCOUNT FOR THE FIRST TIME ON OR AFTER THE EFFECTIVE DATE OF THESE TERMS, YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO SO, NEITHER YOU NOR MAISON MIRU CAN FORCE THE OTHER TO ARBITRATE AS A RESULT OF THESE TERMS. TO OPT OUT, YOU MUST NOTIFY MAISON MIRU IN WRITING NO LATER THAN 30 DAYS AFTER FIRST BECOMING SUBJECT TO THIS ARBITRATION AGREEMENT. YOUR NOTICE MUST INCLUDE YOUR NAME AND ADDRESS, YOUR MAISON MIRU USERNAME (IF ANY), THE EMAIL ADDRESS YOU CURRENTLY USE TO ACCESS YOUR MAISON MIRU ACCOUNT (IF YOU HAVE ONE), AND A CLEAR STATEMENT THAT YOU WANT TO OPT OUT OF THIS ARBITRATION AGREEMENT. YOU MUST SEND YOUR OPT-OUT NOTICE TO ATTN: LEGAL, 180 VARICK STREET, ROOM 410, NEW YORK, NEW YORK 10014, WITH A COPY TO PRIVACY@MAISONMIRU.COM. IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT, ALL OTHER PARTS OF THESE TERMS WILL CONTINUE TO APPLY TO YOU. OPTING OUT OF THIS ARBITRATION AGREEMENT HAS NO EFFECT ON ANY OTHER ARBITRATION AGREEMENTS THAT YOU MAY HAVE ENTERED INTO WITH US OR MAY ENTER INTO IN THE FUTURE WITH US.
WAIVER OF JURY TRIAL. YOU AND MAISON MIRU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Maison Miru are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as otherwise indicated in this Section. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection's limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of New York. All other claims shall be arbitrated.
25. Copyright Infringement
We respect the intellectual property rights of others and require that people who use the Service do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). For more information, please see our DMCA Policy.
26. Governing Law
These Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Notwithstanding the foregoing, the enforceability of the arbitration provisions in Section 24 shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1 et seq., to the fullest extent permitted by law.
27. Entire Agreement
These Terms and the Privacy Policy constitute the entire agreement between you and us with respect to the use of the Website and Service, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
28. Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
29. Amendment to Terms
Maison Miru may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Website. You are responsible for regularly reviewing these Terms. Your continued access and use of the Service following such posting constitutes your consent to be bound by any amended Terms.
30. Force Majeure
Maison Miru shall not be liable for any failure to perform, or delay in performance, caused by circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, strikes, supply chain disruptions, or internet outages.
31. Accessibility
Maison Miru is committed to ensuring digital accessibility for all users, including people with disabilities. We aim to meet or exceed the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA wherever possible and actively work to improve the user experience for everyone.
For more information about our accessibility efforts, please refer to our Accessibility Statement. If you experience any difficulty accessing any part of our Website or Services, please contact us at accessibility@maisonmiru.com or through our Contact Page, and we will make all reasonable efforts to assist you.
32. General
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative, invalid, illegal or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms and such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via email to hello@maisonmiru.com or by writing to us at Maison Miru LLC, 180 Varick Street, Room 410, New York, New York 10014.
If you have any questions regarding these Terms or the Website or Service, please contact us at hello@maisonmiru.com.