Terms of Use

Last Updated: February 7, 2023.

 

Introduction

Welcome to Manilla Natural Cosmetics online store hosted at manillacosmetics.com (“Store”). The following Terms of Use ("Terms") apply to all users of services, information, tools and features on the Store, which is operated by Dermofaktorius, JSC, d/b/a Manilla, (“Manilla,” “we” or “us”). These Terms, our Privacy Policy, Online Ordering and Return Policy, each as may be amended from time to time, as well as any other rules or restrictions posted on the Store, apply to you whenever you view, access or otherwise use the Store. You may be accessing our Store from a computer, mobile phone, e-reader, tablet or other device, and these Terms govern your use of our Store and your conduct, regardless of the means of access.

Please read these Terms carefully before accessing or using our Store. Even if you "bookmark" a particular portion of this Store and thereby bypass these Terms of Use, your use of this Store still binds you to these Terms. Manilla offers the Store to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. If you do not agree to all the Terms, then you may not access the Store (including any feature or service offered) or make a purchase. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

You can review the most current version of the Terms at any time by returning to this page. Manilla reserves the right, in its sole and absolute discretion, to update, modify or replace any part of these Terms from time to time by posting updates and/or changes to our Store at any time. For this reason, we encourage you to review the Terms whenever you use the Store. Any changes or modifications to these Terms will be effective upon posting of the revisions, and your continued use of the Store following any such changes will mean that you accept and agree to them.

BY REGISTERING, ACCESSING, BROWSING OR USING ANY PART OF THE STORE AND/OR PURCHASING SOMETHING FROM US, YOU AGREE TO FOLLOW AND BE BOUND BY THE FOLLOWING TERMS, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK AND ANY FUTURE MODIFICATIONS OF THE AFOREMENTIONED.

Age Requirement

The Store is intended for and directed to residents of the United States and all information, advertising and claims contained on the Store are valid in and applicable only to the United States. By accepting these Terms through your use of the Store, you certify that you are 18 years of age or older. If you are under 18, the Store is not intended for you, and such users are expressly prohibited from making any purchases, or registering for any aspect of the Store, and by taking such actions you agree, represent, warrant, covenant and guarantee that you are 18 years of age or older. If you are under 18, please do not attempt to create an account in the Store or send any information about yourself to us, including your name, address, telephone number, or email address. We do not seek through this Store to gather personal information from or about persons under the age of 18.

Privacy Notice

 

Your privacy is important to us. We explain our practices regarding our collection, use and disclosure of information about you or other individuals, and information that could be used to identify you or other individuals on our Privacy Policy, as amended from time to time, which is incorporated by reference to be a part of these Terms. Please review it for information about our information practices implicated by your use of our Store.

 

License and Access

 

Content in the Store that is provided by Manilla or its licensors, including, but not limited to, certain design, text, photographs, images, button icons, digitally downloadable files, audio clips, trademarks, logos, product and program names, slogans, the selection, arrangement and compilation of the foregoing ("Manilla Content") is the property of Manilla and/or its licensors, and is protected, without limitation, under the U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. Manilla grants you a personal, limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access the Store and Manilla Content for your own personal and non-commercial use.

 

Unless expressly permitted by Manilla in writing, you may not copy, download, distribute, adapt, license, sell, rent, lease, transfer, display, broadcast, transmit, perform, modify, translate, merge, vary, alter, disassemble, de-compile, attempt to derive the source code of, reverse engineer, publish or create derivative works or otherwise use or exploit any part of the Store or Manilla Content in any medium. You agree not to download, display or use any Manilla Content located in the Store for use in any publications, in public performances, for any other commercial purpose, in connection with products or services that are not those of Manilla, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Manilla and/or its licensors, that dilutes the strength of Manilla’s or its licensor's property, or that otherwise infringes Manilla’s or its licensors' intellectual property rights. You further agree to in no other way misuse any Manilla Content or third-party content that appears in the Store.

 

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms. Manilla reserves all rights not expressly granted in these Terms. You agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us or one of our representatives regarding the use or abuse of the Store.

Product Information

 

Prices for our products in the Store are quoted in the U.S. Dollars and are subject to change without notice. These products or services may have limited quantities and are subject to return or exchange only according to our Online Ordering and Return Policy, which is incorporated in these Terms by this reference. The products available in the Store, including any free samples and gifts we may provide to you, are for your personal use only. You may not use our products for any illegal or unauthorized purpose.

 

Any of the media, web communities, products, or services, descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Manilla reserves the right to discontinue any product at any time. The media, products, or services in the Store maybe out of date, and Manilla makes no commitment to update these materials in the Store.

 

Any offer for any product or service made on this Store is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.

Product Disclaimers

 

The statements and products offered on the Store and any related information, materials, statements and services are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from Manilla it should be only after the legal or parental guardian has discussed the product with the minor's doctor. The materials on this Store is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. All products should be used strictly in accordance with their instructions, precautions and guidelines. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. You should always check the ingredients for products to avoid potential allergic reactions. You acknowledge that any reliance on any information provided herein will be at your own risk.

Occasionally there may be information on our Store that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We attempt to be as accurate as possible when describing our products on the Store; however, we do not warrant that the product descriptions, colors or other content available on the Store is accurate, complete, reliable, current, or error-free and we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Store is inaccurate at any time without prior notice (including after you have submitted your order)..

We undertake no obligation to update, amend or clarify information in the Store or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Store should be taken to indicate that all information in the Store has been modified or updated. We make no representations about the reliability of the features of this Store, the content, or any other Store feature, and disclaim all liability in the event of any product or service unavailability. We make no representations regarding the amount of time that any content will be preserved. The Store's reference to any goods, services, or other information offered by third-parties does not imply any endorsement or recommendation by Manilla unless specifically stated otherwise.

Disclaimer of Warranties; Limitation of Liability

 

We do not guarantee, represent or warrant that your use of the Store will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Store is at your sole risk. THE STORE AND/OR ANY SERVICES OFFERED, AND ALL PRODUCTS DELIVERED THROUGH THE STORE ARE PROVIDED ON AN "AS IS”, “AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS STORE OR ANY INFORMATION THEREIN. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws.

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MANILLA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, COLLABORATORS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS ("RELEASED PARTIES") BE LIABLE FOR ANY KIND DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS STORE, THE MANILLA CONTENT AND USER COMMUNICATION IN THE STORE OR ANY REFERENCE SITES, THE STORE ITSELF, OR ANY OTHER INTERACTIONS WITH MANILLA. ALSO, THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND MANILLA’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS STORE’S RECORDS, PROGRAMS, OR SERVICES, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.

IN NO EVENT SHALL RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE STORE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS (USD $100).

Indemnification

 

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS RELEASED PARTIES (AS DEFINED ABOVE) FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE STORE; (II) YOUR USER COMMUNICATION, INCLUDING MANILLA’S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER COMMUNICATION; (III)YOUR VIOLATION OF THESE TERMS OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER COMMUNICATIONS INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT. MANILLA RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF MANILLA. MANILLA WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.

Shipping and Risk of Loss

 

The products displayed on the Store can be ordered and delivered only within the U.S.

During the check-out process, we will provide you with the estimated timeframe and price for delivery. The price of shipping will be due in addition to the price of the purchased products. Please note that whilst every effort is made to meet the estimated delivery times, Manilla does not provide absolute guarantees. Manilla uses reputable couriers for their prompt and efficient service but occasionally, due to unforeseen circumstances, delay may occur. All delivery times or dates quoted by Manilla are for the delivery estimates only and shall not form part of our contract with you. The risk of loss and title for such purchased items pass to you upon our delivery to the carrier.

Accounts

Certain areas of the Store may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Store. If the Store requires you to open an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable online registration or purchase form. It is your responsibility to maintain the completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU, MANILLA OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT. You agree to notify Manilla immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Store.

You grant to us and to all other persons and entities involved in the operation of the Store the right to use, store, monitor, retrieve and transmit your account information in connection with the operation of the Store and as otherwise provided herein. Our information collection and use policies with respect to the privacy of your account information are set forth in our Privacy Policy, which is incorporated into these Terms by reference for all purposes. Store is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

We reserve the right to refuse any order you place with us. We also reserve the right to immediately terminate your account in our sole discretion, and without prior notice to you if, for example, you violate the Terms.

Resellers

 

You may not sell or resell any products you purchase or otherwise receive from the Store. If you are interested in becoming an authorized dealer for Manilla, please reach out to us at customerservice@manillacosmetics.com. Manilla reserves the right, with or without notice, to cancel or limit the sale of our products to any person, household, geographic region or jurisdiction or that in our sole judgment, appear to be placed by dealers, resellers or distributors. We may also withhold refunds or concessions to those individuals we believe may be engaged in reseller activity or are otherwise violating these Terms, as determined by Manilla in its sole and absolute discretion. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may exercise these rights on a case-by-case basis. For purposes of these Terms, “reselling” shall be defined as purchasing or intending to purchase any product(s) from the Store for the purpose of engaging in a commercial sale of that same product(s) with a third party.

Feedback

 

Manilla welcomes your feedback, analysis, comments and suggestions about products, services or the Store. By transmitting or posting in the Store, or otherwise providing to Manilla, any suggestions, ideas, feedback, information, material, know-how, techniques, questions, comments or other content other than those specifically requested by us (e.g., through a contest or promotional event) (collectively, "User Communication”) to Manilla, you represent and warrant that such User Communication does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Manilla and enable Manilla to use or post such User Communication.

You grant Manilla a royalty-free, exclusive perpetual, worldwide, unlimited, irrevocable, sub-licensable and transferable license to use any User Communication for any purpose in our sole discretion, including without limitation copy, display, transmission, disclosure, publication, broadcast, development, manufacturing, creation of derivative works, translation and/or marketing in any manner whatsoever and in any media, and in any form, format, or forum now known or hereafter developed for any or all commercial or non-commercial purposes (including in the Store, emails, social media posts, media content or other promotional materials) without any remuneration, compensation or credit to user.

Notwithstanding our privacy policy, you agree that Manilla shall be under no obligation (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; or (c) to monitor, use, return, review or respond to any User Communication. We will have no liability related to the content of any User Communication, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You further grant to Manilla the right to use your name in connection with any User Communication submitted, but Manilla shall not be obligated to attribute any of your User Communication to you. We retain the right to remove, edit, or refuse to post, any User Communication that includes any material we deem inappropriate or unacceptable.

You agree to comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising, including but not limited to your disclosing if you have received any incentive or compensation for submitting User Communications (for example, free Product or an entry in a sweepstakes promotion or a coupon) in exchange for providing User Communications for posting on the Store or Manilla channels (including but not limited to product reviews, photographs, and social channels). All disclosures must be made clearly and conspicuously.

Third Party Websites and Links.

We may provide links to external, third party websites on the Store. Such links are provided merely as a convenience to you and do not in any way constitute or imply our endorsement, or recommendation of the third party, its information, products or services. Similarly, this Store may be accessible from third party links over which we have no control. Access to or from such websites are strictly at your own risk and subject to the terms of those websites. We recommend that you review the terms and policies applicable to those websites prior to your use. We make no warranties or representations of any kind as to the accuracy or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. We reserve the right to add, change or remove any link at any time.

Digital Millennium Copyright Act Compliance

 

If you are a copyright owner or an agent thereof, and believe that your work has been copied and posted on the Store in a way that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent with the following information in writing (please see 17 U.S.C. 512(c)(3) for further detail).

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Store and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the Store.
4. Information reasonably sufficient to permit Manilla to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Manilla’s designated agent to receive notifications of claimed infringement is:

 

        Dermofaktorius, JSC

        2A Kareiviu street, 

         Vilnius LT 08248

         customerservice@manillacosmetics.com

 

FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC INFORMATION ABOUT WHERE INFRINGING CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.

Waiver

 

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Manilla’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

1. Initial Dispute Resolution. We are available by email at customerservice@manillacosmetics.com to address any legal concerns you may have regarding your use of the Store or any feature made available to you. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
2. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued, then either you or we may initiate final and binding arbitration. Except for any disputes excluded below in subsection 6, all claims arising out of or relating to these Terms, the parties’ relationship with each other and/or your use of the Store, products or services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association ("AAA”) Rules and Procedures, excluding any rules or procedures governing or permitting class actions. You can contact AAA to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules.
3. Procedure. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the applicable rules and procedures of AAA. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act.
4. Waiver of jury trial. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Manilla in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MANILLA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
5. Class Action and Class Arbitration Waiver. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
6. Exceptions. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief (i) in a small claims court for disputes or claims within the scope of that court’s jurisdiction, and (ii) any disputes relating to intellectual property rights, obligations, or any infringement claims.
7. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in subsections 2 and 3 by sending written notice of your decision to opt-out by emailing us at customerservice@manillacosmetics.com. The notice must be sent within thirty (30) days of the date you first accept the Terms by using the Store, or the effective date of the first set of Terms containing an Agreement to Arbitrate section otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
8. Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Store or any services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Governing Law/Venue

 

Except where prohibited by applicable law, these Terms shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law rules.

For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Broward County, Florida.

Severability

 

The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Manilla, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

Force Majeure

 

If we fail to comply with these Terms, or to exercise or enforce any right or provision of these Terms for any reason, including but not limited to because of an act of God, war, fire, riot, terrorism, pandemics, epidemics, public health emergencies, earthquake, actions of federal, state, provincial, territorial or local governmental authorities or for any other reason beyond our reasonable control, such failure to comply with, or to exercise or enforce any right or provision of these Terms shall not be deemed a breach of these Terms or constitute a waiver of such right or provision.

Entire Agreement

 

These Terms and any policies or operating rules posted by us on the Store, including (without limitation) the Privacy Policy and Online Ordering and Return Policy, constitute the entire agreement and understanding between you and Manilla and govern your use of the Store, superseding any prior or contemporaneous agreements, representations, communications and understandings, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

English Language

It is the express wish of the parties that these Terms and all related documents be drawn up in English.

Contact Information

 

How to contact us:

Questions about the Terms should be sent to us at customerservice@manillacosmetics.com

How we may contact you:

If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your order.

Information about us:

We are Dermofaktorius, JSC (and its affiliates), with our USA warehouse in Atlanta, Georgia.