Terms and Conditions for the Sale of Goods and Services
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE OR THROUGH THE APPLICATION, AS DEFINED BELOW, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE SITE OR THE APPLICATION IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH MEORIGIN, INC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE, THE APPLICATION OR ANY OF THE SITE'S OR THE APPLICATION’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions for the online sale of goods and services (these "Terms") apply to the purchase and sale of products and services through https://manlee.com (the “Site”) or the manlee® mobile application (the “Application” and collectively with the Site, the "Services"). These Terms are subject to change by MeOrigin, Inc. (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. References to “you” or “your” mean any person that accesses or uses the Services. The latest version of these Terms will be posted on our website at https://manlee.com, and you should review these Terms before purchasing any product or services that are available through this Services. Your continued use of this Services after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product; to honor, cancel or impose conditions or limitations on the honoring of, any coupon, coupon code, promotional code, referral credit or other similar promotions; to bar you from making any or all purchases; and to refuse to provide any user with any product. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between MeOrigin, Inc and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by sending us an email at firstname.lastname@example.org.
3. PRICES AND PAYMENT TERMS
(a) All prices posted on the Site or the Application are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
4. SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. RETURNS AND REFUNDS
Except for any products designated on the Site or the Application as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such products are returned in their original condition. To return products, you must email our Returns Department at email@example.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are processed within approximately three business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site or the Application. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE SITE OR THE APPLICATION AS NON-RETURNABLE.
6. SUBSCRIPTION PROGRAM
Enrollment. You may enroll into our auto replenishment subscription program (“Subscription Program”) by submitting an auto replenishment subscription order (“Auto-replenish order”). Only items where the auto-replenish option is available will qualify for replenishment benefits. If you enroll in the Subscription Program for a particular product, that product will be automatically shipped to you in the quantities and at the cadence you have selected. Once you have subscribed for Subscription Program, you can also manage your preferences using the Application. You must be logged into the Application to submit an Auto-Replenish order. Enrollment and discounts must occur on the initial transaction and cannot be applied to previous orders. We use a third- party service provider to process any payments. When you make a payment, we will transfer you to a secure network provided by our third-party processor through which all transactions are processed. We do not retain any of your credit card or other payment information.
Auto-renewal. THE SUBSCRIPTION PROGRAM WILL BE AUTOMATICALLY RENEWED AT THE END OF THE SUBSCRIPTION TERM UNLESS YOU CHANGE YOUR SUBSCRIPTION PREFERENCES VIA THE APPLICATION. By placing your initial Auto-Replenish order you are authorizing our third-party payment processor to automatically charge your chosen payment method for future orders at the frequency you have selected unless you modify or cancel your subscription as provided herein.
Cancellation. YOU MUST AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION PROGRAM BEFORE YOUR RENEWAL DATE OR YOUR SUBSCRIPTION PROGRAM WILL AUTOMATICALLY RENEW. You may cancel the auto renewal of your Subscription Program by visiting the Application and adjusting your subscription settings. If you cancel your subscription, you will not receive a refund of any fees already paid.
Termination/Suspection by us. We may terminate or suspend your membership in the Subscription Program in our sole discretion for any reason without notice. If we do so, you will only be charged for orders that have either already shipped to you or are already placed and will ship to you.
Changes to the Subscription Program. We may, in our sole discretion, change the Subscription Program’s benefits or any other feature of the Subscription Program. Any material change to the Subscription Program will be posted on the Site and sent to you before your membership auto-renews. YOUR CONTINUED ENROLLMENT INTO THE SUBSCRIPTION PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION PROGRAM.
7. DISCLAIMER AND LIMITATION OF LIABILITY
Our responsibility for defects relating to the products and services available on our Site or the Application is limited to the procedures described in our return policy set forth below.
(a) ALL PRODUCTS AND SERVICES AVAILABLE ON THE SITE OR THE APPLICATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THE SITE OR THE APPLICATION WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THE SERVICES. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE OR THE APPLICATION), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE OR THE APPLICATION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
(b) What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in Section 13 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
8. GOODS NOT FOR RESALE OR EXPORT
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products from the Site or the Application for your own personal or household use only, and not for resale or export.
9. INTELLECTUAL PROPERTY USE AND OWNERSHIP
You acknowledge and agree that:
(a) All uses on the Site or the Application of the terms "sell," "sale," "resell," "resale," "purchase," "price" and the like mean the purchase or sale of a license. Each product and service marketed on this Site or the Application is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with the display or description of that specific product or service.
(b) You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through the Services, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services.
(c) You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.
(d) MeOrigin, Inc and its licensor(s) is and will remain the sole and exclusive owners of all intellectual property rights in and to each product made available on the Site or the Application and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through the Site or the Application, or of any intellectual property rights relating to those products or services.
11. FORCE MAJEURE
Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, pandemic, endemic or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; and (f) national or regional emergency;(g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond the control of the Impacted Party. The Impacted Party shall give notice within five days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of seven days following written notice given by it under this Section 11, either party may thereafter terminate this Agreement upon seven days' written notice.
12. GOVERNING LAW AND JURISDICTION
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.
13. DISPUTE RESOLUTION AND BINDING ARBITRATION
(a) YOU AND MEORIGIN, INC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules and the Supplementary Rules for Multiple Case Filings (the "AAA Rules") then in effect, except as modified by this Section 13. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR MEORIGIN, INC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
15. NO WAIVERS
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of MeOrigin, Inc.
16. NO THIRD-PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site or the Application. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by overnight courier or registered or certified mail to MeOrigin, Inc. 2140 S Dupont Hwy, Camden, DE, 19934, USA, Attn.: President. We may update the address for notices to us by posting a notice on the Site. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.