TERMS OF SERVICE
Welcome to www.themiaproject.com ("Website"). Please review the following that govern your use of our Website ("Terms of Service"). Your continued use of our Website constitutes your agreement to follow and be bound by the Terms of Service. If you do not agree to any change to the Terms of Service, then you must immediately stop using the Site
themiaproject.com is the interactive online service operated by The MiA Project (collectively, "The Company") on the World Wide Web of the Internet. We can be reached at firstname.lastname@example.org.
We may from time to time, modify, alter or update these Terms of Service. Your use of our Website following any such change constitutes your agreement to follow and be bound by the Terms of Service as changed. We therefore encourage you to refer to these Terms of Service on an on-going basis.
Unless otherwise noted, the design of this Website, the Website as a whole, and all materials, including images, illustrations, and designs, that are part of the Website (collectively, "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled, or licensed by The MiA Project. The Contents of our Website are intended solely for personal, noncommercial use by the users of our Website. You may download or copy the Contents displayed on our Website for your personal, noncommercial use only so long as your copy retains any copyright and trademark notices appearing on our Website. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Website.
We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, since the actual color you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
This Website and all contents of the Website are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. The MiA Project does not warrant that your use of this Website will be uninterrupted or error free, or that this Website or its server are free of viruses or other harmful elements. Your use of this Website is at your sole risk. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment that you use in connection with your use of our Website. The MiA Project shall not be liable for any damages of any kind related to your use of this Website. Although themiaproject.com endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on this Website. The MiA Project or their related entities, vendors or content providers shall not be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this Website, or any information or materials provided on the Website. The Company is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Website or with any of themiaproject.com's Terms of Service, your sole and exclusive remedy is to discontinue using the Website. You agree to indemnify, defend, and hold harmless The MiA Project, its shareholders, officers, directors, employees, agents, distributors, vendors and related entities from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting or arising out of your breach of any of these Terms of Service.
You agree fully to defend, indemnify and hold harmless The MiA Project, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms of Service by you or any other liabilities arising out of your use of this Website, or the use by any other persons accessing this Website using your Internet account. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will outlast these Terms of Service and your use of the Website and the Services.
The MiA Project may also terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to this Website, if in The MiA Project's sole discretion, you fail to comply with any term or provision in this Agreement. Upon any termination of this agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as copies of such materials. These Terms of Service constitute the entire Agreement between you and The MiA Project relating to the subject matter addressed herein.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms of the Agreement will remain in full force and effect. Additionally, should either party terminate this Agreement, all sections of this Agreement shall remain in full force and survive the termination of this Agreement.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in Los Angeles, California.
ELIGIBILITY TO PURCHASE
The MiA Shop offers products for sale that are, to the best of our knowledge, available in stock or made to order from our affiliated designers. All orders are sold on a first come, first served basis and are subject to acceptance and availability. Items in your shopping basket are not reserved and may be purchased by other customers.
Prices shown on The MiA Shop are in U.S. dollars and do not include taxes. If you are shipping within the USA, sales tax will only be charged on orders within California state. No other tax or import duty will be applied to orders shipped within the USA. The U.S. dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error. If you are a customer whose credit/debit card is not denominated in U.S. dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your credit/debit card company processes the transaction. If you are buying from outside the U.S., you will incur carriage costs and any duties dictated by your jurisdiction.
ACCEPTANCE OF ORDER
Once your order has been placed you will receive an email with the details of your purchase. Unless you cancel your order, acceptance of your order and completion of the contract between you and The MiA Shop will be completed once the items are dispatched to you, at which time you will receive a second email with your tracking number. The sale contract is concluded in California, and the language of the contract is English. Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or Content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms of Service.
Payments to The MiA Shop can be made by Visa, MasterCard, American Express, and any other methods which may be clearly advertised on the site from time to time. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
If the issuer of your credit/debit card refuses to authorize payment to The MiA Project, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email immediately.
We try to ensure the security of our site and customer payments to the best of our abilities. Please see our Security section for further information.