Terms and Conditions

These terms and conditions apply to the use of http://www.misenousa.com (the “Website”), or any features of the Website, including, without limitation, the purchase of goods and/or services and the use of interactive features (such as the customer review feature) on the Website.

PLEASE NOTE: BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“AGREEMENT”) AND ANY OTHER APPLICABLE TERMS AND CONDITIONS GOVERNING THE USE OF THIS WEBSITE, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR WEBSITE. IF ANY OF THESE TERMS AND CONDITIONS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES TO THESE TERMS AND CONDITIONS ARE UNACCEPTABLE TO YOU, DO NOT USE THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE NOW, OR FOLLOWING THE POSTING OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH CHANGES.

Unless otherwise expressly authorized in this Agreement or on the Website, you may not take any action to interfere with the Website or any other user's use of the Website or decompile, reverse engineer or disassemble any content or other products or processes accessible through the Website, nor insert any code or product or manipulate the Website in any way that affects any user's experience. While using the Website you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on your compliance with the terms and conditions set forth in this Agreement.

 

1. Definitions and interpretation 

1.1 In this Agreement: 

 

Business Day means a day on which the trading banks generally are open in Brisbane but excluding Saturdays, Sundays and public holidays; 

 

Intellectual Property Rights means: 

(a) any confidential information;

(b) copyright;

(c) moral rights, if applicable;

(d) inventions (including patents); 

(e) trademarks; 

(f) service marks; and

(g) any other rights of a proprietary nature;

 

whether or not registered or registrable. 

 

Submissions means any and all content and materials, including, without limitation, comments, reviews, feedback, suggestions, photos, usernames, e-mail and similar information or materials that you may display or submit on the Website). 

 

1.2 In this Agreement, unless the contrary intention appears: 

(a) the expressions "Miseno", "we", "us" and "our" are a reference to Miseno Fine Jewelery LLC and "you" and "your" are reference to the person accessing or using this Website;

(b) a reference to: 

  • (1) this Agreement or another document includes any variation or replacement of it notwithstanding any change in the identity of the parties;
  • (2) any statute, statutory provision, ordinance, code or other law includes regulations and other statutory instruments under any of them and consolidations, amendments re-enactments or replacement of any of them; and
  • (3) a person includes the person's successors, executors, administrators, substitutes, and assigns;

(c) the singular includes the plural and vice versa;

(d) words importing a gender include any other gender; 

(e) the words ‘including’ or ‘includes’ are deemed to be followed by the words ‘without limitation’; 

(e) headings in this Agreement are for convenience of reference only and shall not affect the construction or interpretation of this Agreement; 

(f) if the day on which: 

  • (1) anything, other than a payment, is to be done is not a Business Day, that thing shall be done on the preceding Business Day; and
  • (2) a payment is to be made is not a Business Day it shall be made on the next Business Day but if the next Business Day falls in the next calendar month it shall be made on the preceding Business Day;

(g) if an act is required to be done on a particular day and the act is done after 5.00pm Central Time (CT) on that day, it will be deemed to have been done on the following day;

(h) where two or more persons are defined as a party to this Agreementthat term means each of the persons jointly, each of them severally and any two or more of them jointly;

(i) an agreement, covenant, obligation, representation or warranty on the part of two or more persons binds them jointly and severally and an agreement, covenant, obligation, representation or warranty in favour of two or more persons is for the benefit of them jointly and severally. 

 

2. Amendments to this Agreement 

We reserve the right to amend this Agreement from time to time. Amendments will be effective immediately once they are available on the Website. Your continued use of the Website following such amendment will be deemed your acceptance of and agreement to be bound by the terms and conditions of the Agreement as amended. 

 

3. Your account and password

3.1 We may provide you with an account login (including a username and password) to verify your identity when you use this Website. You must ensure that your account details are complete and accurate when submitted to us, that the information that you have given is true and correct, and you must keep your account details up-to-date. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

3.2 Your username and password are personal to you and you must at all times keep your username and password secure and confidential and not disclose them to any third party.

3.3 You agree that you are solely responsible for any use of the Website by any person using your username and password and you agree to indemnify us against any and all claims arising out of your failure to keep your username or password secure and confidential.

3.4 You agree to notify us immediately by email to online@misenousa.com of any unauthorised use of your account or any other breach of security.

 

4. Submissions and Digital Millennium Copyright Act (DMCA) Notices 

4.1 You may be able to make Submissions to the Website from time to time, including by using the ‘Give Feedback’, ‘Share Your Shine’, or ‘Product Ratings & Reviews’ functionality of this Website. You agree and confirm that each Submission you make is not confidential, and that we have no obligation to treat it as such. You retain Intellectual Property Rights in the Submissions you upload or otherwise submit to, or make available on, the Website. However, by posting, uploading, submitting or otherwise making available a Submission, you give us a worldwide, perpetual, fully-sublicensable (through multiple tiers), transferable, irrevocable, royalty-free, and non-exclusive license to use, host, store, reproduce, adapt, modify, translate, re-arrange, publish, publicly perform, publicly display, distribute and otherwise exploit such Submission (in whole or in part) in any manner or media whatsoever, now known or hereafter developed, for any purpose whatsoever, including, without limitation, (i) in connection with our business and (ii) in connection with the business of our successors, subsidiaries, and their related companies. The Website is a public platform and other users of the Website may, and you hereby grant all users of the Website the right to, search for, see, and/or use any Submission that you make publicly available through the Website to the extent permitted by the features and functionalities of the Website. By submitting Submission, you also grant us the right to use your name, picture, likeness, voice, and biographical information in connection with the use or publication of your Submission. We reserve the right to delete any Submission at any time, for any reason without notice to you. 

4.2 You warrant to us that all Submissions you make are your original work, you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such Submissions, and that no Submissions you make will infringe the Intellectual Property Rights of any other person.

4.3 Your Submissions must comply with all of our guidelines and terms for Submissions, including the guidelines and terms available at: Terms and conditions

4.4 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any such Submission and for the consequences of your actions (including, without limitation, any loss or damage which we may suffer) by submitting the Submission.

4.5 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent (listed below) with the following information: 

  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website;
  • your address, telephone number, and e-mail address where we can contact you;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

4.6 Our copyright agent for notice of claims of copyright infringement can be reached as follows:

info@misenousa.com

 

Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding the Website, please contact us at info@misenousa.com. Please note that any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

 

5. Ordering products on this Website

5.1 This Website and the information on it constitute an invitation to purchase, and not an offer by us to supply, products. When you submit an order to purchase products from us, this constitutes an offer from you to buy those products in accordance with this Agreement. No contract for the sale and purchase of those products shall be formed between you and us until we accept your order by sending you an acceptance ‘confirmation of acceptance’ in accordance with clause 5.3 below.

5.2 You may submit an order to purchase products from us by completing the order form and submitting the order confirmation on this Website. You must provide all required information (including your name and physical address) or we may not be able to process your order. We may also require additional verifications or information before accepting any order.

5.3 No order shall be deemed accepted by us until we have sent you a ‘confirmation of acceptance’ confirming that we have accepted your order. An ‘order confirmation’ is not a ‘confirmation of acceptance’. However, a shipping confirmation may, in accordance with its terms, constitute a ‘confirmation of acceptance’. We will endeavour to notify you whether we have accepted or rejected your order and, if applicable, to confirm the delivery details for your order within 3 Business Days after receiving your order.

5.4 By submitting an order on this Website you agree to be bound by our Returns and Refunds Policy.

5.5 We do not sell products for children. We sell products to adults, who can purchase with a credit card, Paypal™, or other accepted payment method. If you are under 18, you may use our Website only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

 

6. Payment for goods 

6.1 PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. 

6.2 The price payable by you for orders accepted by us shall be the price quoted on this Website for the relevant products at the time your order is submitted (subject always to section 7 below, in relation to incorrect prices), together with the applicable delivery fees (which are payable in addition to the price of the products). Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in United States dollars (USD) and are valid and effective only in the United States.

6.3 You shall pay for your orders by credit card or Paypal™ using the online transactions facilities provided at www.misenousa.com or by authorising Miseno to charge your credit card account for the total price of the products ordered and the applicable delivery fees at the time the products are dispatched.

6.4 If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.

6.5 We may vary any prices on this Website at any time without notice to you.

 

7. Availability and Cancellation

7.1 All orders are subject to the availability of products. We may reject or cancel any order due to unavailability of any product. If for any reason a product is not available, we will endeavour to notify the non-availability on this Website. We may revise the range of products or the specification of any product at any time without notice to you.

7.2 Where any product is listed on this Website with an incorrect price or with incorrect information, we reserve the right to reject or cancel your order (regardless of whether you have made payment for that order). You acknowledge and agree that we have no obligation to sell any product either online or in-store where that product is listed with an incorrect price or with incorrect information. Where you have already made payment for an order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to that order. 

7.3 You may cancel your order any time prior to the time that we send our confirmation of acceptance for that order. Once we have sent our confirmation of acceptance for your order, you may not cancel that order. 

 

8. Delivery and delivery fees  

8.1 Products purchased online from this Website are eligible for delivery to addresses in the United States only. We use Fedex to deliver such products.

8.2 The applicable delivery fees are clearly displayed in your local currency at the time of purchase.

8.3 Once we have confirmed our acceptance of your order, we will endeavour to dispatch your order within 3 Business Days unless a different timeframe is specified in relation to a particular product. If we are unable to dispatch your order within this time frame we will endeavour to contact you and advise you of the expected dispatch date.

8.4 You may specify delivery instructions for your order (for example, you may authorise the courier to leave the products in a specified location if you will not be at the delivery address). We will not be responsible or liable for anything that happens to any order that is delivered in accordance with your delivery instructions.

8.5 Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.

8.6 We retain ownership and title of the products we supply to you until we have received the full price for the products and the applicable delivery charges. Once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), as evidenced by confirmation provided to us by Fedex, you assume full responsibility for and risk in the products.

 

9. Customs, duties and taxes

9.1 All orders are shipped from California. When you purchase a product online from Miseno, we are the “importer of record”. You must comply with all laws and regulations of the country to which such product is shipped. Customs policies vary widely from country to country so you should contact your local customs authority for further information.

9.2 Cross-border shipments may be subject to opening and inspection by customs authorities. In order to facilitate customs clearance and comply with local laws, we may provide certain order, shipment and product information, such as your title, to our international carriers, and such information may be communicated by shipping service providers to customs authorities. Customs authorities may require us to declare the value of the products you have purchased.

9.3 You acknowledge that delays associated with customs clearance procedures may cause our original delivery time frames estimates to be exceeded. We are not responsible for such delays.

9.4 Actual shipping costs and applicable taxes will be reflected on your order page before you are asked to confirm and place your order and also will also appear on your confirmation of acceptance. Delivery costs are described in section 8 above. Applicable sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and applicable sales and use taxes are not stated on the product pages but will be added to the product price after you have chosen your delivery options.

9.5 Applicable sales tax associated with your purchase, if any, will be calculated at the time your order is to be shipped, at which point you will receive a confirmation of acceptance. Please note that changes to applicable law between the date your order is placed and the date you are sent a confirmation of acceptance may result in changes to the sales tax applicable to your purchase. If the change in law results in an increase in the sales tax applicable to your purchase, we will notify you and ask that you reconfirm your purchase. 

9.6 The fact that we may not be obligated, under the laws of the jurisdiction in which a purchaser of our products is located or to which our products are being shipped, to collect sales tax with respect to the purchase of such products shall not be deemed to constitute a representation on our part that such products are not subject to use tax or any other tax applicable under the laws of such jurisdiction or any other jurisdiction in which such products may be owned or used. 

 

10. Warranties and guarantees in relation to our goods 

10.1 We offer a minimum twelve month limited warranty from the date of purchase against defects in material and/or workmanship on all of the products that we sell.

10.2 Miseno branded watches have a three year limited warranty and lifetime limited battery replacement, provided that the International Guarantee Booklet provided with the watch is presented to a Miseno store before the work on such watch under this guarantee can be started. To the extent permitted by relevant consumer protection laws, this three year limited guarantee does not cover:

(a) pressure tests in water proof watches after battery replacement;

(b) adjustment to links, bracelets or straps (including refurbishment of any adjustment damage);

(c) further rhodium plating; 

(d) repairs or refurbishment of shop soiled or shop distressed stock or repairs necessary due to misuse or normal wear and tear and any repairs made by unauthorised service centres; and

(e) any other matter excluded by 10.5 or 10.6 below. 

 

We may impose fees payable by you in relation to any repair/service not covered by this three year guarantee or where the guarantee has expired.

 

10.3 We may, at our sole option, repair or replace a defective product or provide a refund of the purchase price. 

10.4 Repair, replacement, or refund as set forth at section 10.1(c) above, are without prejudice to your rights at law. The remedies under the twelve month limited warranty and three year watch limited warranty are given by Miseno in addition to, and not in place of, your rights at law.

10.5 The twelve month limited warranty and the three year watch limited warranty each exclude, to the extent permitted by law, damage due to ordinary wear and tear, misuse, accident, abuse, alteration, substitution, improper repair or warranty service performed by someone other than us or our authorised repairers, theft, disappearance, loss (including lost stones) or any other type of use causing deterioration. 

10.6 Loose diamond stones supplied by Miseno and assembled by someone other than Miseno or its authorised agents can be damaged during jewellery assembly. Such damage will not be covered by the twelve month limited warranty or the three year watch limited warranty, and Miseno will not be liable for any such damage.

10.7 Miseno reserves the sole right to judge whether or not an item of jewellery has been subject to ordinary wear and tear, misuse, abuse, alteration, substitution, improper repair or warranty service performed by someone other than Miseno (or its authorised repairers), theft, disappearance, loss (including lost stones) or any other type of use causing deterioration. If, in our sole discretion, such jewellery shows signs of any of the foregoing, the twelve month limited warranty or the three year watch limited warranty will be entirely void.

10.8 To obtain any limited warranty service for any product that is a diamond product with a sales price greater than $990, you must provide Miseno with an original certificate of authenticity for that item. This certificate of authenticity must be fully completed and signed on behalf of us by an authorised person at the time of purchase. If this certificate of authenticity has been altered in any fashion, the warranty is void to the maximum extent permitted by law.

10.9 White gold jewellery is rhodium plated to enhance its appearance. This plating is not permanent and will require further plating to maintain the enhanced appearance. Neither the twelve month limited warranty nor the three year watch limited warranty cover any further rhodium plating.

10.10 When a product is repaired under the original guarantee term, only the remaining term of the original guarantee will continue to apply (e.g. if a product is purchased under the 12 month limited guarantee and returned for repair after 11 months from the date of purchase, once the repaired product is handed back to the customer, the remaining guarantee term will be only 1 month and any other repairs after this term will be outside the original guarantee period and may be charged accordingly).

 

11. Disclaimer in relation to Website

11.1 THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR THAT THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DATA, FILES, AND/OR OTHER INFORMATION STORED ON A SERVER OWNED OR UNDER OUR CONTROL OR IN ANY WAY CONNECTED WITH THE WEBSITE, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU OR ANY THIRD PARTY SUBMITS, POSTS OR SENDS OVER THE WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT AND SUBMISSIONS AND THE CONSEQUENCES OF POSTING OR PUBLISHING SUCH MATERIALS, AND YOU AGREE THAT WE ARE ONLY ACTING AS A PASSIVE CONDUIT FOR YOUR AND OTHER USERS’ ONLINE DISTRIBUTION AND PUBLICATION OF CONTENT PROVIDED BY YOU AND THEM.

11.2 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY LICENSORS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE WEBSITE PROVIDED HEREUNDER OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF US, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR ANY OF OUR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE OR ANY CLAIMS RELATING TO THIS AGREEMENT OR ANY CONTENT SHALL NOT EXCEED THE AMOUNTS, IF ANY, PAID BY YOU TO US DURING THE PAST TWELVE MONTHS IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE. 

11.3 To the maximum extent permitted by law, we do not accept responsibility or liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked Website, including any such loss arising out of your use of or reliance on information contained on, or accessed through, this Website, or concerning any product ordered by you from this Website.

11.4 If the limitation of liability in clause 11.2 and 11.3 above is held to be invalid in whole or in part, then our maximum aggregate liability to you for all damages, costs, and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of one United States dollar (USD$1.00).

11.5 You agree to release, indemnify and hold harmless us, our parents, subsidiaries, affiliates, directors, members, officers, employees, agents and third party licensors, third-party publishers, necessary third-party platform providers, from and against any and all liabilities, losses, damages, claims and expenses, including, without limitation, attorneys’ fees, with respect to (i) your access, use or misuse of, or reliance upon, the Website, (ii) your actual or alleged violation or breach of this Agreement or rights of another, (iii) any content, including Submissions, provided by you or through use of your account, and/or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this section shall survive the termination of this Agreement.

 

12. Disclaimers in relation to products and product descriptions

12.1 Items which are advertised as discounted have been ticketed and offered for sale at the higher price before the relevant sale commenced. However, you acknowledge that such items may have been sold at a lower price from time to time.

12.2 You acknowledge that:

(a) Gemstones may have been treated by heating (generally), or diffusion (sapphires) to enhance the colour of the stone.

(b) Created gemstones are grown in strictly controlled laboratory conditions to recreate the brilliance of rare natural gemstones.

(c) Black diamonds are enhanced by high temperature to permanently create the intense black colour.

(d) Blue, yellow and red coloured diamonds have been irradiated to achieve their colour. Colour treatments used on diamonds may be sensitive to high temperatures and heat.

 

12.3 We try our best to be as accurate as possible in our product descriptions. However, we do not warrant that the product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. The colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. All features, content, specifications, sizes and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown. Although all reasonable care is taken to ensure that photographs appearing on this Website reflect as accurately as possible the actual size of products, you acknowledge that due to the inherent difficulties with photographing items of jewellery, some products may appear larger or smaller than their actual size when represented on this Website.

 

13. Intellectual Property Rights 

13.1 The materials displayed on this website are protected by copyright and other laws in the United States, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other Intellectual Property Rights that may subsist in materials available through or on this Website (including text, graphics, illustrations, artwork, photographs, video, music, logos, icons, sound recordings, source code, computer programs, and software) belong to us or to our licensors.

13.2 You must not in any form or by any means:

(a) use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, transmit in any way, or create derivative works from, any material available through or on this Website or any part of this Website generally; or

(b) commercialise any material available through or on this Website, or any information, products or services obtained from any part of this Website,

except in accordance with clause 13.3 or 13.4 below, without our prior written permission.

13.3 All brand, product, trade, and service names and logos used in this Website are the trademarks of us or third parties who have licensed us to use such marks. You are not allowed to use or reproduce any such trade marks in the course of trade, and you may only use such trademarks to access, view, or interact with this Website for your own personal and non-commercial purposes.

13.4 Unless we agree otherwise in writing, you are provided with access to this Website for your personal use, non-commercial use only. You are authorised to print a copy of any information contained on this Website for your personal, non-commercial use, unless such printing is expressly prohibited by a notice or other communication on this Website. Without limiting the generality of the foregoing, you may not without our prior written permission on-sell or distribute to any other person information obtained from this Website.

 

14. General warnings

14.1 We may from time to time offer discounts and promotions in respect of our goods and services. The specific terms and conditions of those discounts and promotions will be located on a specific location on our Website, however, the terms and conditions of this Agreement apply to those discounts and promotions in addition to any specific terms and conditions and in the event of conflict between any term of those specific terms and conditions and this Agreement, the terms and conditions of this Agreement shall prevail. The provision of any such offers may be removed from this Website at any time in our complete discretion.

14.2 You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you. You agree not to use this Website for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this Website whether by way of a virus, corrupted file or through any other means. 

14.3 You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or data.

14.4 Details contained on this Website relating to goods or services have been prepared in accordance with United States law and may not satisfy the laws of any other country. We do not warrant that the details on this Website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside the United States) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this Website.

 

15. Linked Websites and advertisements

15.1 This Website may contain links to other websites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained. 

15.2 We are not responsible for the content or privacy practices of, or on, or associated with, linked web sites.

15.3 Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

15.4 We accept not responsibility for the content of any advertisement appearing on this web site (including for any hyperlink to an advertiser’s own web site). The inclusion of any advertisement on this web site does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisement.

 

16. Hyperlinking 

You must not create any hyperlink, hotlink, inline link, or direct link (each a “hyperlink”) to this Website (or any file on this Website) or embed any page of (or content on) this Website on another web site (using a frame, iframe, or otherwise) without our prior written permission in each instance. If you would like to create a hyperlink to this Website, please contact us at info@misenousa.com. If you do create a hyperlink to this Website or embed this Website, or any part of this Website, in another web site, you will do so at your own risk and you will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink or embedding and by doing so you agree to indemnify us against all claims arising from, or in connection with, that hyperlink or embedding..

 

17. Privacy policy

17.1 Our Privacy Policy governs the collection, purpose and use of personal information by Miseno generally. 

17.2 The Collection Notification Statement for online purchases of goods or services specifically applies to, and governs, the collection of personal information through our online forms used in connection with online purchases of goods or services.

17.3 This Privacy Policy and Collection Notification Statement are compliance documents prescribed by law rather than a legal contract between two or more persons. However, for the purposes of these terms and conditions, you acknowledge and agree that:

(a) you have been provided with access to our Privacy Policy and Collection Notification Statement;

(b) you have read and understood our Privacy Policy and Collection Notification Statement; 

(c) you contractually agree to the consents provided by you in the Privacy Policy and Collection Notification Statement; and

(d) nothing in the Privacy Policy and Collection Notification Statement gives rise to contractual obligations on Miseno (or its related bodies corporate). 

 

18. How we handle e-mails 

18.1 We may preserve the content of any e-mail you send us for our business purposes, including if we believe we have a legal requirement to do so. Your e-mail message content may be monitored by us including for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

18.2 You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Uniform Electronic Transactions Act. 

18.3 You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy or otherwise disclosed to you, subject to any rights to opt-out you may have pursuant to our Privacy Policy. 

 

19. Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we reasonable steps to preserve the security of such information we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and the Internet. 

 

20. Termination of access

Access to this Website may be terminated at any time by us without notice. Our disclaimers and limitations and exclusions of liability provided in this Agreement will nevertheless survive any such termination.

 

21. Governing law

To the extent permitted in your local jurisdiction, this Agreement is governed by the laws of the State of California, United States of America, without regard to its conflict of laws provisions.. You agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of California, United States of America, in all questions and controversies arising out of your use of this website and this Agreement and agree that those courts are a convenient forum in which to resolve any dispute arising in relation to this Agreement (and any contracts between you and us which arise through your use of this Website). 

 

22. General

22.1 We are not liable for any failure by us to comply with this Agreementwhere such failure is due to circumstance beyond our reasonable control.

22.2 If we waive any rights available to us under this Agreementon one occasion, this does not mean that those rights will automatically be waived on any other occasion. 

22.3 If any of this Agreement, or any part of a particular term or condition, is or are held to be invalid, unenforceable or illegal for any reason that unenforceable or illegal term or condition (or part thereof) shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remaining terms and conditions of this Agreement, or the remaining part of a particular term or condition of this Agreement as the case may be, shall nevertheless continue in full force.

22.4 This Agreement is the complete and exclusive agreement between the parties and supersede all provisions and contemporaneous agreements, proposals and communications with respect to this subject matter.

 

23. No Class Actions

23.1 You agree to resolve any disputes related to this Agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Website at the terms designated, and that your assent is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Website or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.