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- The use of MAELYS’ Website is subject to the terms below and is indicative of a consent thereto. Every Website user accepts and agrees to the Terms & Conditions and agrees to raising no arguments against MAELYS or MAELYS’ product marketer, or any on its behalf, other than arguments related to a breach of the obligations included in these Terms & Conditions.
- Company may revise, at its sole discretion and at any time, the Website content and the products sold therein. The mere fact that a certain product was put up for sale on the Website on a certain date does not guarantee the continued offering of such product on the Website in the future. Company does not guarantee any minimum volume, availability or selection.
Purchasing Products on the Website
- Notwithstanding the aforesaid, Company may disallow a certain client to purchase products on the Website – due to any reason whatsoever, even in the event such client has already ordered products on Website in the past. Without derogating from the aforesaid hereinabove, Company may void clients’ eligibility to place Website transactions in any of the following cases:
- Incorrect details were provided by the client during Website registration;
- Client’s action or inaction impacts or might impact Website or Company or any third parties;
- Services of MAELYS’ Website were used by client to carry out an illegal act under the laws of the State of Israel or to allow, aid, abet or encourage the carrying out of such act;
- Client’s breach of the terms of this Agreement.
- Company shall conduct a credit card check through a clearing company for each transaction payment; the transaction will be approved subject to the credit company’s approval. No transactions will be approved for holders of blocked and/or restricted-use credit cards.
- In areas with limited access due to security reasons, MAELYS may place products for clients in an acceptable, nearby location, to be coordinated in advance.
Dates and Supply
- It is hereby clarified that you shall have no argument, demand or suit against Company due to shipping, other than arguments related to a breach of the obligations included in these Terms & Conditions.
- It is clarified that Company shall not be held liable for delays resulting from incorrect details given by the user, or delays emanating from the shipping company.
Changes and Cancellations
- The buyer may cancel the transaction pursuant to provisions of the Consumer Protection Law and/or Regulations (herein: Consumer Protection Law) as specified below.
- Client’s cancellation of a transaction / sale prior to product shipping: in the event Client is interested in cancelling a transaction / sale prior to shipping, they may do so by calling customer service at (1)877-4-MAELYS and giving their cancellation notice.
- In the event Client did not close their order, including due to failure to complete details, e.g. name and payment method number, within 14 days of placing the order, Company may cancel the order at its sole discretion.
- Post-shipping cancellation. A product can be returned within 14 days of purchase provided that no use was made, and it is returned in its original packaging. The product is meant for personal use only; opening the packaging shall be seen as product use.
- Shipping inspection: you are required to inspect the shipping contents immediately upon receiving it and compare it to both your order and the invoice given to you soon before the shipment, without delaying the courier. Any question or inquiry regarding the supplied order should be referred to customer service via Website’s Contact Page within 24 hours of delivery. In the event the product arrived in any faulty condition, Company shall ensure the supply of a new product to Client at its own expense.
- Company may change product prices as specified below, at its sole discretion and without being required to provide prior notice.
- All prices mentioned on the MAELYS Website are in USD. Prices include VAT.
- Website accepts payment via valid credit cards only or PayPal
- MAELYS reserves the right to stop accepting any payment method on Website, permit the use of other payment methods, and apply various payment arrangements for credit card types or payment methods accepted by MAELYS.
Payment Terms and Schedule
- Payment terms and schedule shall be decided by Company. Possible payment dates and number of installments shall be displayed to your approval upon order confirmation.
Promotions, Benefits and Discounts
- The MAELYS Website offers sales promotions, benefits and discounts to its clients. Company may offer promotions, benefits and various discounts on Website as per its needs, and may also, at any time, stop such promotions, benefits and discounts, replace or change them, without being required to provide prior notice.
- There will be no multiple promotions, benefits or discounts on Website.
Amending These Terms & Conditions
- Company shall take all reasonable steps to secure the information provided by the user. However, it is clarified that Company cannot perfectly secure its information system and communications against unauthorized penetration and prohibited use by third parties. Therefore, Company shall not be held liable, directly or indirectly, to unauthorized penetrations of others or as a result of actions and/or inactions not under Company’s control.
- This Website might allow its visitors to receive advice in various fields, whether by direct correspondence, articles, ads or other methods, and MAELYS and the MAELYS product marketer – Company, does not give advice or opinions concerning the advice provided on Website. It is hereby clarified that the advice provided on Website does not replace medical consultation; in light of that, any individual who suffers from any medical issue, including skin problems, allergies or any sensitivities – must consult with a physician prior to using the product. MAELYS and the MALEYS product marketer – Company, shall not be responsible for the nature of the advices provided on Website and shall not be held liable for the impact of recommended products.
- All copyrights and intellectual property rights whatsoever, in relation with any advertisement, content, article, design, application, file, software and any other material, whether physical or abstract, advertised on this Website or on behalf of Company are exclusively owned by Company. Any duplication, distribution, public display, provision to a third party or any commercial or non-commercial use is prohibited unless done with Company’s written, explicit and prior consent. Any question related to using the Website should be referred to Company via e-mail: firstname.lastname@example.org.
- Use of the Website shall be governed by the laws of the State of Israel.
- Exclusive jurisdiction in any matter resulting from use of the Website shall be given to the competent courts of law in Tel Aviv only.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Cosmetics Squad and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Melbourne, Victoria before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Cosmetics Squad’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.