TERMS AND CONDITIONS
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GENERAL TERMS OF SALE
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RETURNS & WARRANTY POLICY
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EXCHANGE POLICY
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SHIPPING POLICY
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REFUNDS POLICY
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PRIVACY POLICY
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MIRACLES INTERNATIONAL GROUP LLC ("MIRACLES”) GENERAL TERMS OF SALE
THESE TERMS OF SALE GOVERN YOUR SHOPPING EXPERIENCE, INCLUDING PURCHASES OF MIRACLES PRODUCTS, FROM MIRACLES STORES (DEFINED BELOW) IN THE UNITED STATES. IF YOU ARE PURCHASING MIRACLES PRODUCTS OUTSIDE THE UNITED STATES, YOUR PURCHASES ARE GOVERNED BY DIFFERENT TERMS. PLEASE REVIEW THE TERMS CAREFULLY BEFORE ORDERING PRODUCTS ONLINE OR OTHERWISE PURCHASING FROM THE MIRACLES STORES (AS DEFINED BELOW).
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO MIRACLES STORES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; BY SHOPPING IN ANY MIRACLES STORE OR PURCHASING ANY MIRACLES PRODUCT FROM MIRACLES IN THE UNITED STATES, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF SALE. PLEASE READ THESE TERMS OF SALE CAREFULLY. THE AGREEMENT INCLUDES A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST (A) DISCONTINUE USING OR SHOPPING IN OUR DIGITAL STORES AND DISCONTINUE VISITING OR SHOPPING IN OUR RETAIL STORES, (B) NOT MAKE A PURCHASE AND/OR (C) RETURN ANY ELIGIBLE PURCHASE WITHIN THE APPLICABLE RETURN WINDOW.
The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
NO PURCHASE FOR RESALE
MIRACLES Stores, including any consumer rights or policies offered in MIRACLES Stores, are intended solely for the benefit of end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of product by someone who intends to resell the product to others (consumers, businesses or any third party). If MIRACLES determines that a purchase or order is intended for resale, MIRACLES reserves the right, in its sole
discretion, and as it relates to such purchase or order, to (1) suspend the application of any MIRACLES policy that provides a right or benefit intended for direct to consumer purchases; and (2) take any action to hinder such purchase or order (and deter future purchases or orders), including without limitation, to restrict sales to any consumer, consumer account, or member account, cancel orders, charge restocking fees, impose purchase quantity limits, decline to issue refunds or take returns, deny access to any MIRACLES Store, and/or suspend or close any account.
RIGHT TO CHANGE TERMS OF SALE
MIRACLES Stores reserve the right to change these Terms of Sale at any time and in their sole discretion. Any changes, MIRACLES will provide notice, such as by sending an email, providing notice through the Site or updating the date at the top of these Terms of Sale. These changes will not apply to products you have already purchased, but continued purchase of products through the Site will confirm the acceptance of such changes. We encourage buyers to frequently review these Terms of Sale prior to making any purchase through the Site to ensure the understanding of the terms and conditions that apply to the purchase of products through the Site.
PRICING POLICY
The total price specified in the final check out screen on our Digital Stores includes estimated tax and shipping costs (if applicable). This price, updated to include actual tax, will be recorded in the Order Confirmation for Digital Store orders, which we recommend you print or download for future reference. For Retail Store purchases, actual tax and shipping costs (if applicable) will appear on your printed receipt, which we recommend you save for future reference. If you pay by credit or debit card, the total amount for your entire purchase will be reflected on your statement in your local currency.
If your local currency is not in US dollars, your bank or credit card issuer will apply exchange rate and any fees according to terms and regulations applicable to you and the bank/issuer of your credit or debit card. The exchange rate and any fees applied by the bank/issuer are beyond our control.
All prices are shown in U.S. dollars (except where otherwise noted) and taxes, shipping and handling charges are additional. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates. You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. We reserve the right to collect such taxes or other fees from you at any time.
SITE TRANSACTIONS
To complete your purchase at a Digital Store, you must provide your full name, e- mail address, valid delivery address, phone number, city, state and payment method to place an online order. You may need to adjust your device settings or set your browser to accept functional cookies and pop-ups in order to be able to use all the functionalities of a Digital Store, which includes adding items to your shopping bag and submitting your order.
All orders placed through the Service are subject to MIRACLES ’s acceptance. Terms of payment are within MIRACLES ’s sole discretion, and unless otherwise agreed to by MIRACLES , payment must be received by MIRACLES prior to t MIRACLES ’s acceptance of an order. Payment for product orders will be accepted via certain payment methods accepted by our third party payment processing service. Your order is subject to cancellation by MIRACLES at MIRACLES ’s sole discretion. All amounts due are payable in U.S. dollars. Any amount not paid when due will be subject to a finance charge of one and one-half percent (1-1/2%) per month, or the maximum amount allowed by law if lower, for the unpaid balance due. You shall be responsible for any expenses and/or fees (including but not limited to attorneys’ fees), incurred by MIRACLES in collecting past due amounts from you.
When you submit an order, we will send an email acknowledging receipt of your order (“Order Confirmation”). Our acceptance of your order takes place when the products are shipped to you; we will send a second email confirming that the products have been shipped. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order for that product.
Sale of products and fulfillment of all orders at a MIRACLES Stores is subject to availability and our discretion in managing inventory. We explicitly reserve the right to limit, decline or reject any sales and orders for any reason, without being liable for any damage or costs other than repayment of any amount received from you in relation to such sale or order, limit or cancel quantities purchased per person, per household or per order. 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 we make a change to or cancel an order, we will 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. Also in situations including but not limited to:
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an Event Outside Our Control (as defined below);
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the product you seek to purchase is not available or in stock;
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your address, billing information or form of payment is incorrect or cannot be verified;
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your order is flagged by our security systems as potentially fraudulent, or an order placed with automated ordering software or technology;
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there is evidence that your order (single or cumulative orders) was purchased for the purpose of resale, tax evasion, or other fraudulent purpose;
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your order was flagged for freight forwarding or shipping to an address or service provider that enables or allows foreign export or unlawful avoidance of sales tax;
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your purchase or order exceeds product purchase limits (quantity and/or dollar amount);
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your account and/or purchase history shows an excessively high volume of returns;
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there is evidence that you are not eligible to make purchases; or
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in the event of misspelling, pricing or other errors or mistakes at the MIRACLES Store(s) where you wish to order or purchase.
MIRACLES will determine whether any of the above events have occurred in its sole discretion.
ERRORS, INACCURACIES, AND OMISSIONS
We attempt to be as accurate as possible and to eliminate errors on the Site; however, occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability.
In the event of an error, whether on the Site, in an order confirmation, in processing an order, when delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
TITLE TRANSFER & RISK OF LOSS
With the exception of products purchased or picked up at MIRACLES Stores, title and risk of loss for products purchased from MIRACLES pass to you upon our delivery to the carrier. Title and risk of loss for products purchased online and picked up at MIRACLES Retail Stores or directly purchased at MIRACLES Retail stores will pass to you upon your authorized receipt of those products. Title to product(s) will not transfer until full payment has been received.
SHIPPING CHARGES
When a product order is placed for delivery, it will be shipped to the address designated by the Buyer, as long as such shipping address is compliant with the shipping restrictions contained on the Site. All deliveries of product purchases from a Site are made pursuant to a shipment contract. You agree to pay all shipping and handling charges shown to you at the time you place your order. We reserve the right to increase, decrease, add or eliminate these charges from time to time, and you agree to check all charges prior to placing an order. In general, we ship all
products by economy ground delivery, which may be provided by any number of shipping service providers, unless otherwise indicated on the applicable product page or otherwise directed by you. Shipping and handling charges displayed during the checkout process may or may not reflect actual costs. All orders placed through the Site are shipment contracts, not destination contracts. Any shipping or delivery dates or times shown on the Site are estimates only and actual delivery dates and times may vary. We are not liable for any claims or damages resulting from any delays to your receipt of goods. You will not obtain or direct shipment of any product purchased through the Site for export. As a result, risk of loss and title for products purchased from a Site pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
SPLIT DELIVERY
We often deliver all items from a single order within a single shipment. However, due to numerous factors, products may be delivered in split shipments. We reserve the right to split the delivery of any order. If we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address you provided at the time your order was placed. You will not be charged for any additional delivery costs.
PAYMENTS
Only valid credit cards and other payment methods acceptable to us may be used to purchase products through the Site, and all refunds will be credited to the same credit card or, in our discretion, other payment method. By submitting an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Site). When you provide your payment information, you authorize us (or a third party service provider working on our behalf) to process and store your payment and other related information. If the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically at any time. You are responsible for resolving any problem we encounter in order to proceed with your order.
INSPECTION UPON DELIVERY
Upon delivery, please inspect the packaging and products for damage. If it appears that the products are damaged, please do not accept the shipment,
WARRANTY - RETURNS - EXCHANGES - REFUNDS
Please refer to our Special Policies for information and instructions. EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation supply chain shortages, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms: (1) We will provide notice to you as soon as reasonably possible; and (2) our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended during the time needed for resolution of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the order if an Event Outside Our Control takes place and you no longer wish us to provide the products.
INDEMNIFICATION AND RELEASE
To the fullest extent permissible by applicable law, you agree to indemnify, defend, and hold harmless MIRACLES , its affiliates, officers, directors, employees, agents, licensors and suppliers (the “MIRACLES Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating to your conduct in connection with any MIRACLES Store or with other MIRACLES Store users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the MIRACLES Parties from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with any MIRACLES Store or with other MIRACLES Store users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MIRACLES , ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, SHALL NOT BE LIABLE FOR AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, INTERRUPTION OF BUSINESS, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SERVICE OR OTHER WEB SITE(S) YOU MAY ACCESS THROUGH THE SERVICE (IF ANY), CONTENT NON-DELIVERY, MIS- DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, LOSS OF GOODWILL, LOSS OF USE, LOSS OF CONTENT OR OTHER INTANGIBLE
LOSSES (EVEN IF MIRACLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THE SERVICE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ERROR OR INADEQUACY OF ANY GOODS, CONTENT, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (VI) PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON- COMPLIANCE WITH ANY REGULATIONS OR CODES, OR MISAPPROPRIATION;
(VII) INJURY TO PERSON OR PROPERTY ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE SERVICE; (VII) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (VIII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IX) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER ACTUALLY OR POTENTIALLY HARMFUL CODE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; AND/OR (X) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICE AND/OR THE PRODUCTS; WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MIRACLES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ALSO AGREE THAT MIRACLES , ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, WILL NOT BE LIABLE FOR ANY (A) INTERRUPTION OF BUSINESS,
(B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SERVICE OR OTHER SERVICE(S) YOU ACCESS THROUGH THE SERVICE; (C) CONTENT NON- DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (D) EVENTS BEYOND MIRACLES ’S REASONABLE CONTROL. DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL THE LIABILITY OF MIRACLES , ITS OFFICERS, EMPLOYEES, AGENTS, AND/OR LICENSORS, IF ANY, TO YOU OR TO ANY THIRD PARTY EXCEED FIFTY DOLLARS ($50.00). YOU SHALL NOT BE ENTITLED UNDER LOCAL LAW OR OTHERWISE TO RECEIVE ANY PAYMENT FROM MIRACLES , ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, WHETHER FOR ACTUAL, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS OR EXPENSES AS A RESULT OF EXPIRATION OR TERMINATION OF THE TERMS OR TERMINATION OF YOUR ACCESS TO THE SERVICE, ALL OF WHICH YOU EXPRESSLY WAIVE. YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF THIS SECTION HAS MATERIALLY INDUCED MIRACLES TO ENTER INTO THE TERMS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, MIRACLES ’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT MIRACLES, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
DISCLAIMER OF WARRANTY
MIRACLES PROVIDES ACCESS TO MIRACLES STORES “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES AND/OR PURCHASES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, (1) MIRACLES DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT. MIRACLES FURTHER DISCLAIMS ANY WARRANTIES EXPRESS OR IMPLIED AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY AND SIZING; (2) MIRACLES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION POSTED AT MIRACLES STORES IS ACCURATE, COMPLETE, OR CURRENT OR THAT DIGITAL STORES WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS; AND (3) THE FOREGOING DISCLAIMER OF WARRANTY IS ENFORCEABLE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND DOES NOT APPLY TO ANY PRODUCT OR MANUFACTURER WARRANTY EXPRESSLY OFFERED BY MIRACLES AND/OR ANY THIRD-PARTY MANUFACTURER OF MERCHANDISE.
DISPUTES
CHOICE OF LAW, JURISDICTION, TIME LIMIT FOR CLAIMS
You agree that these Terms and any dispute between you and MIRACLES shall be governed in all respects by Florida law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Except in the case of legal action brought by MIRACLES to obtain injunctive or other equitable relief of whatsoever kind, all of which may be brought in any court or other tribunal of competent jurisdiction, ANY CONTROVERSY, CLAIM, DISPUTE OR
OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THEIR SUBJECT MATTER, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE SUBMITTED TO THE OFFICE OF THE AMERICAN ARBITRATION ASSOCIATION LOCATED IN, OR CLOSEST TO, MIAMI, FLORIDA, AND WILL BE SETTLED BY ARBITRATION TO OCCUR IN MIAMI, FLORIDA, SAID ARBITRATION TO BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, IN EFFECT AT THE TIME OF THE ARBITRATION, THE LAWS OF THE STATE OF FLORIDA GOVERNING SUCH ARBITRATIONS, AND IN ACCORDANCE WITH THESE TERMS. SUCH ARBITRATION MUST BE FILED WITHIN TWELVE (12) MONTHS OF THE FIRST ACCRUAL OF THE CAUSE OF ACTION, AND THE PARTIES AGREE THAT THE STATUTE OF LIMITATIONS FOR ANY CAUSE OF ACTION BROUGHT PURSUANT TO, IN CONNECTION WITH, OR RELATING TO A DISPUTE WILL BE TWELVE (12) MONTHS FROM THE FIRST ACCRUAL OF THE CAUSE OF ACTION, NOTWITHSTANDING ANY STATUTE TO THE CONTRARY. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
The arbitration will be heard and decided no later than seven (7) months after the notice of arbitration is filed with the American Arbitration Association by one arbitrator. The arbitrator will hear and determine any preliminary issue of law asserted by a party to be dispositive of any claim, in whole or in part, in the manner of a court hearing a motion to dismiss for failure to state a claim or for summary judgment, pursuant to such terms and procedures as the arbitrator deems appropriate. No witness or party may be required to waive any privilege recognized under Illinois law. The hearing will not last longer than four (4) working days unless all parties agree otherwise, with time to be divided equally between you and MIRACLES . The arbitrator will be an attorney, licensed to practice law in the State of Florida for no less than ten (10) years, with no less than five (5) years’ experience as an arbitrator. The parties and the arbitrator will treat all aspects of the arbitration proceedings, including, without limitation, discovery, testimony and other evidence, briefs, and the award, as strictly confidential and not subject to disclosure to any third party or entity, other than to the parties, the arbitrator, and the American Arbitration Association. The arbitrator must give full effect to the applicable law and to all of these Terms, and is specifically divested of any power to add to, subtract from, modify or alter any of the terms or conditions of these Terms, or to render decisions in derogation thereof. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual direct damages, except as may be required by statute. THE PARTIES UNDERSTAND THAT THEY ARE WAIVING THEIR RIGHTS TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND MIRACLES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and MIRACLES agree otherwise, 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. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator will issue written findings of fact and conclusions of law, the decisions of the arbitrator will be binding and conclusive upon all parties involved, and judgment upon any decision of the arbitrator may be entered in any federal or state courts with jurisdiction. You are solely responsible for your interactions with other users of the Service. MIRACLES reserves the right, but has no obligation, to monitor disputes between you and other users of the Service.
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, you agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 working days in which to respond to or settle the Dispute. Notice shall be sent to MIRACLES main address stated below.
RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY
MIRACLES may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice is required by applicable law, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. MIRACLES ’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or MIRACLES ’s rights. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. You should always assume these Terms apply. If any court or relevant authority decides that any provision of these Terms is invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.
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MIRACLES WARRANTY & RETURNS
All of our products pass a rigorous set of quality control and tests before it leaves the manufacturing facility. This is why we offer a full quality guarantee on every product sold.
MIRACLES ’s Returns Policy must be read in conjunction with, our Shipping and Order Policy. We reserve the right to change this Returns Policy at any time. It is important that you read and understand this policy before making a purchase
When you receive your item, you must check the order accuracy as soon as possible following receipt and always before you open the container or break the safety seal. You must absolutely ensure that a returns authorization number is obtained before attempting to return any items to us. Failure to follow our returns procedure may prevent from getting a store credit for your order.
To receive a store credit, you must inform us within 5 working days from the day on which you received an email from us confirming that the item had been processed.
WRONG ITEM RECEIVED
We really apologize if we have shipped the wrong item by mistake. This is very unusual and we want to resolve this as quickly as possible for you. We will give you a store credit but you must return the item in the same condition you received (unopened) it and within 5 working days from the day on which you received the item. We will cover the shipping cost in that case. Make sure that when you receive an item, that you take reasonable care of it when inspecting it.
Please ensure that any security seals, labels or tags are still intact. DAMAGED OR FAULTY ITEMS
We ask you to accept our apologies if you have received an item that is damaged or faulty. We truly understand how frustrating and deceiving this can be and want to resolve this as quickly as possible for you. If you have received a damaged item, we must be notified within 24 working hours of receiving your shipment.
RETURN PROCEDURE
Obtain a Return Authorization number by completing this online form. That is the only way to initiate a return with us.
NOT ACCEPTABLE RETURNS
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We will not accept any returns of opened containers for the following reasons: Health related issues such Çmix-ability, ingredients, consistency, odor, or color.
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We will not accept any returns of products in any different from their original packaging.
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We will not accept any returns due to dissatisfaction, change of mind or error on your part.
SHIPPING FEES
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If MIRACLES has authorize the returns we are paying for the shipping fees.
RETURN PROCEDURE
Obtain a Return Authorization number by emailing us via support@miraclesbymilagros.com That is the only way to initiate a return with us.
All returns without a prior authorization will be refused by our returns department. You must absolutely obtain a Return Authorization Number before returning anything to us.
You must inform our customer service team of your order number, the item you are returning and the reason for return. We will then provide you with a unique return authorization number and will confirm the returns address where you need to return the item to.
Please package the item securely and include inside the package your order number, name and address.
Please obtain a tracking number from DHL, UPS, USPS, etc. when you send your item back to us and share by email.
Please ensure that the items you are returning are unopened and in their original packaging.
Any item you have accepted and then shipped back to us, is your responsibility until it reaches our warehouse.
We'll give you a credit applicable towards other products or a future purchase at MIRACLES .
All products returned to us are verified by our Returns Department staff. Returns are usually processed within 7 working days of receipt. We'll give you a credit applicable towards other products or a future purchase at miraclesbeauty.com
"NO-RETURN" POLICY ON BULK PRODUCTS
Please note all bulk are final sales. Bulk items are not eligible for returns or exchanges or refund or store credits.
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MIRACLES EXCHANGES POLICY
ANY PURCHASE MADE FROM MIRACLES STORES INCLUDING ONLINE STORES IS FINAL AND WE DO NOT ADMIT EXCHANGES.
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MIRACLES REFUNDS POLICY
MIRACLES will only proceed with a refund in the following cases: ITEM NOT RECEIVED
We ask you to accept our apologies if you have not received an item. We have strict and rigorous shipping process and it is very unlikely that an item can be missing, unless on backorder and not invoiced. If it ever happens, contact us within 12 hours of receiving the package. An image of the packing slip must be sent to us along with your claim in order to receive the same exact missing product or a price refund or a price credit ).
ORDER NOT ACCEPTED
In case MIRACLES does not accept your order for any reason will proceed in 5 working days to fully refund the amount paid in the original form of payment.
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MIRACLES SHIPPING POLICY
All deliveries are pending credit approval, merchandise availability, delivery and weather conditions. Once you place an order, you have up to 30 minutes to cancel or change it, excluding Same-Day Delivery orders. You’ll receive an email when your order has shipped. Same-Day Delivery orders may be cancelled due to circumstances beyond MIRACLES 's control.
All orders are processed within 3 - 8 business days of receipt. Orders are not processed or shipped from Friday, 12 pm EST through Sunday, or holidays. If we are experiencing a high volume of orders, shipments may be delayed by a few days. If your shipment experiences a significant delay, we will contact you via email or phone.
We currently do not ship to Alaska, Hawaii, or P.O. Boxes.
MISSING PACKAGES
Be sure to check around your house and mailbox, or ask your neighbors if they received it for you. There's also a chance it was marked ‘Delivered’ before it was dropped off. If your package still hasn’t turned up 72 hours after you received a delivery confirmation email, contact customer service.
SHIPPING RATES AND DELIVERY ESTIMATES
Shipping charges for your order will be calculated and displayed at checkout.
*Free shipping on orders of $100 or more.
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MIRACLES PRIVACY POLICY
For all issues regarding how we collect, use, and disclose your personal information when you visit, use, or make a purchase or other transaction using the services or otherwise communicate with us please consult our Privacy Policy.

