Terms of use
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Introduction
These are the terms of use ("Terms of Use") for your use of services or features on the sites owned and controlled by ("MIRACLES"), including miraclesbeauty.com, and all other websites, mobile sites, services, applications, platforms and other tools where these terms appear or are otherwise referenced, or for which no separate terms are provided as well as to your visits to or interaction with us in any of our stores or elsewhere (collectively, the "Sites"). You may be accessing our Sites from a computer or mobile phone device (through mobile website or mobile application) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.
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.
BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE (INCLUDING THE CLASS ACTION AND JURY TRIAL WAIVERS BELOW), OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.
We also like to interact with you on third party sites ("Third Party Sites"). where we post content or invite your feedback, such as
www.facebook.com/MIRACLES www.twitter.com/MIRACLES, www.instagram.com/MIRACLES www.youtube.com/MIRACLES,
MIRACLES reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If MIRACLES decides to change these Terms of Use, MIRACLES will post a new version on the Sites and update the date set forth above. ANY CHANGES OR MODIFICATIONS TO THESE TERMS OF USE, GUIDELINES OR RULES WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE UPDATED TERMS OF USE WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE.
For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites and your participation in any Community formed by MIRACLES.
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Copyright
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright (c) Miracles by Milagros ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of MIRACLES and protected by U.S. and international copyright laws. All software used on the Sites is the property of MIRACLES or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with MIRACLES, engaging with the Community or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of MIRACLES is strictly prohibited. Licensed Under U.S. Patents 7,979,057.
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Trademarks
The Sites and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of MIRACLES and may not be used in connection with any product or service that is not offered by MIRACLES in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
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Product Information
The products displayed on the Sites can be ordered and delivered only within the
U.S. MIRACLES products displayed on the Sites may be available in select MIRACLES retail stores in the U.S. All prices displayed on miraclesbeauty.com are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MIRACLES.
All material and information presented by MIRACLES is intended to be used for personal, educational or informational purposes only. MIRACLES attempts to be as accurate as possible. However, MIRACLES does not warrant that product descriptions or other content of any Sites is accurate, complete, reliable, current, or error-free.
The statements and products sold through MIRACLES are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from MIRACLES it should be only after the legal or parental guardian has discussed the product with the minor's doctor.
From time to time, we may provide summaries of or highlights from product descriptions, the text of customer Reviews (as defined below), and other information on the Site(s). In some cases, these summaries may be created with the help of artificial intelligence (“AI”). Summaries are provided for convenience, but are not exhaustive representations of product descriptions or full Reviews. Users should be aware of the limitations inherent in AI technology; AI summarization may not capture all nuances, and detailed insights present in product descriptions or Reviews. MIRACLES does not guarantee the completeness or accuracy of the information presented in these summaries. Users are encouraged to read full product descriptions and Reviews where available, especially when making purchasing decisions.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. MIRACLES does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. MIRACLES does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites.
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Color Information
While MIRACLES has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
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Responsibility for your Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, including the submission of product Ratings & Reviews, Questions & Answers, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Sites and a member of Community.
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Your Use of Content on the Sites and Limitation of Liability
MIRACLES can provide the Sites with a forum – (the “Community”). MIRACLES is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Community. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Community, is not controlled by MIRACLES. MIRACLES cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Community, you may be exposed to Content that may be offensive, indecent or objectionable and MIRACLES shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will MIRACLES be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Community. The preceding sentence does not apply to New Jersey residents.
You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. MIRACLES reserves all rights not expressly granted in and to the Content. When using the Community, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
Except as otherwise expressly permitted by these Terms of Use, you agree that you will not copy, reproduce, modify, create derivative works of, alter, publicly distribute, republish, reverse-engineer, decompile, disassemble, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, “deep link,” “scrape,” data mine, extract, or otherwise use any content or other technology, services, information, or material obtained from or through the Sites. Use of any system or software, whether operated by a third party or otherwise, to extract any data from the Sites to develop or train artificial intelligence is strictly prohibited.
The short and sweet version:
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Your Content Submissions
By submitting Content to MIRACLES and participating in the Community, you represent and warrant that you will comply with the following (“Content Submission Requirements”):
You understand you are participating in a public forum and that your Content and other personal information will be available to all other users of the Sites, the Community and potentially Third Party Sites;
You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to MIRACLES to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);
You understand that your Content may be utilized and distributed by MIRACLES in its marketing materials, including but not limited to, MIRACLES.com, MIRACLES emails, social channels, and store materials;
You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, you represent and warrant that: (a) any statements or testimonials that are included in your Content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences; (b) if your Content contains a "look" based on use of various products, then (i) you actually used any products tagged, shown or mentioned in your Content in conformity with the product instructions, (ii) the "look" is a fair representation of the actual performance and appearance of the products tagged, shown or mentioned in your Content, and (iii) you did not use any tools, special effects, or any other method to materially enhance or alter the performance or appearance of such products in your “look”; and (c) if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for posting your Content on MIRACLES’s sites or channels (including but not limited to product reviews, Q&A, photographs, and social channels), or if you have a material connection to MIRACLES or any other company or brand mentioned or tagged in your Content, you have disclosed such fact in such Content clearly and conspicuously;
All "moral rights" that you may have in such Content have been voluntarily waived by you, and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto
All Content that you post is accurate;
You have the age eligibility and legal eligibility. If you are a California resident under 18 years old and a registered user of the Sites, you can request that we remove content or information that you have posted to our Sites. Fulfillment of the request may not ensure complete or comprehensive removal (e.g., if the content or information has been reposted by another user). To request removal of content or information, please contact us at support@miraclesbymilagros.com
and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You also represent and warrant that any Content you submit: Is not false, inaccurate or misleading;
Does not harm minors;
Does not elicit or provide medical advice;
Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
Does not violate any obligations you may have with respect to such Content under
any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
Is relevant to the product being rated and reviewed or about which a question or answer is submitted;
Does not include any information that references other websites, addresses,
email addresses, contact information or phone numbers;
Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;
Is not a form of phishing, and does not contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and;
Does not impersonate any person or entity, including, without limitation, any MIRACLES official, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity. You may not use the Sites or Community to collect or store personal information about other users.
MIRACLES does not endorse any Content or any opinion, recommendation or advice expressed therein, and MIRACLES disclaims all liability with respect to the Content posted by third parties.
If your Content includes ideas, suggestions, documents or proposals to MIRACLES through the Community, (a) such Content is not confidential or proprietary and
MIRACLES has no obligation of confidentiality, express or implied, with respect thereto; (b) MIRACLES may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from MIRACLES under any circumstances unless you are otherwise notified by MIRACLES in writing.
For any Content that you submit, you grant MIRACLES, its parent company, subsidiaries and entities under common control, and their respective licensees, successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty- free, sublicensable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content (all of the foregoing, collectively, “Publish”) into any form, medium or technology whether now or hereafter known, without compensation to you, for any lawful purpose, including, without limitation, for purposes of advertising and trade. This includes, but is not limited to, sharing your Content, including your Ratings & Reviews or Questions & Answers (and/or any elements thereof), with third-party brands whose product we sell and with third parties that carry our products and adding to your Content links to the ecommerce portions of MIRACLES's sites and apps (including MIRACLES.com) to enable users to "shop your look" and purchase products (including, without limitation, products that you show, mention or tag in your Content, as well as other products). This license will survive the termination of these Terms of Use and your use of the Site.
8a. Ratings & Reviews / Questions & Answers
By submitting Content that contains a review about a product offered on the Sites (each, a “Review” or “Ratings and Reviews”), you agree the Review complies with these Terms of Use, including, without, limitation, the Content Submission Requirements. When writing and submitting a Review, you further agree to provide insightful, helpful details about why you like or dislike a product and avoid vacuous statements, and ensure that the Review relates solely to the applicable goods or services offered by us. Depending on the product you're reviewing, you may be asked to answer a few quick questions that will help shoppers who read your Review make a more informed decision. This includes selecting personal characteristics such as skin tone and type, hair color and type or eye color, age range, and location. Any Content you supply will be saved to your profile and will be visible to everyone else on the product page, along with your age range when you submit your Review.
To learn more about how we use your profile information, please review our Privacy Policy.
Content Posted on Social Media Channels Comentado [JM6]: Indicar que si el cliente hace una review de producto, Miracles puede publicarlas en su sitio web y redes sociales
From time to time, MIRACLES may reach out to you and ask for permission to use content you posted on social media channels (such as, by way of example, Instagram, Facebook, Twitter, TikTok, etc.), including photography, videos, captions, and or related content (your "Social Media Content"). When you agree to allow MIRACLES to use your Social Media Content, the terms in this section apply (unless you and MIRACLES agree in writing to different terms):
MIRACLES will have the worldwide and perpetual right, without payment to you, but not the obligation, to do the following:
You represent and warrant that:
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No person other than you appears or is mentioned in the Social Media Content;
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You took the photograph or video and have all the rights to the Social Media Content;
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You actually used any products tagged, shown or mentioned in the Social Media Content in conformity with the product instructions;
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If your Social Media Content contains a "look" based on use of various products, that "look" is a fair representation of the actual performance and appearance of the products tagged, shown or mentioned in the Social Media Content, and you did not use any tools, special effects, or any other method to materially enhance or alter the performance or appearance of such products;
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Any statements or testimonials that are included in your Social Media Content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences;
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If you have received any compensation, incentive, or other benefit (e.g., free product, gift cards, sweepstakes entry, loyalty points) from MIRACLES or any third party in exchange for posting the Social Media Content, using any product, or mentioning or tagging any products or brand in your Social Media Content, or if you have a material connection to MIRACLES or any other company or brand mentioned or tagged in your Social Media Content, then (i) you have disclosed this clearly in your caption clearly and conspicuously, and (ii) in connection with any use made by MIRACLES of your Social Media Content, MIRACLES shall have the right to prominently disclose, in a manner determined by MIRACLES in its discretion, that you received such compensation, incentive or other benefit; and
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You have the right to grant MIRACLES the right to use your Social Media Content as set forth in these terms and such use by MIRACLES will not violate the rights of any third party.
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Third Party Content and Third Party Sites
MIRACLES may provide content of third parties ("Third Party Content"), or links to Third Party Sites, as a service to those interested in this information. MIRACLES does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between MIRACLES and such third party. MIRACLES does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. MIRACLES is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to MIRACLES through the Community, do not necessarily reflect the views of MIRACLES.
Third Party Content includes, without limitation, product reviews, ratings, Questions & Answers and other material that was originally posted on Third Party Sites (including, without limitation, websites hosted by brands carried in MIRACLES).
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Mobile Services
If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain products or services. Please be aware that if you access the Sites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply. To find out more about how we use information regarding your mobile device, including your phone number, review our Privacy Policy.
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Modification of Content
All Content that you submit is not confidential and may be used at MIRACLES's sole discretion. MIRACLES may or may not pre-screen Content. However, MIRACLES and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, MIRACLES and its designees will have the right to remove any Content that MIRACLES deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use. MIRACLES does not guarantee that you will have any recourse through MIRACLES to edit or delete any Content you have submitted. MIRACLES reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings and Reviews, Questions & Answers, and Gallery photos are generally posted within two to four business days. However, MIRACLES reserves the right to remove or to refuse to post any submission for violation of any relevant terms or
guidelines. You acknowledge that you, not MIRACLES, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of MIRACLES, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
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Reservation of Rights
MIRACLES reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to and use of the Community and the Sites. MIRACLES may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of MIRACLES (and its employees), its users and the public.
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Disclaimer of Warranties
MIRACLES IS PROVIDING THE SITES, THEIR CONTENTS AND THE COMMUNITY ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR THE COMMUNITY, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE COMMUNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, MIRACLES DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IN ADDITION, MIRACLES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE COMMUNITY IS ACCURATE, COMPLETE
OR CURRENT. 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. Price and availability information is subject to change without notice.
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Disclaimer of Liabilities
MIRACLES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE COMMUNITY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY
AND CLAIMS OF THIRD PARTIES. This provision does not apply to New Jersey residents.
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Indemnification
You agree to defend, indemnify and hold harmless MIRACLES (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Sites and the Community; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Sites and the Community.
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Allergy Information
MIRACLES is not responsible for any individual reaction to any particular ingredient. Each product description on our website includes a complete list of ingredients. People with sensitivities or allergies to any listed ingredient should not use the product. In case you are in doubt or have sensitive skin, always try an allergy patch test and if at any time irritation occurs, discontinue use of the product. MIRCALES is not liable for an allergic reaction.
Procedure: Apply a small amount of the item you are testing on the upper part of your inner arm (at the crook of the elbow). Cover it with a bandage. Choose a time of day where you can leave the patch test in place for least 24 hours without getting it wet. If you are sensitive to any of the ingredients, a reaction such as reddening, burning, itching, or other irritation, should occur within twenty-four hours of application. If you don’t see or feel any reaction, the preparation is probably safe to use. Patch testing is a way of identifying a substance that causes contact dermatitis (inflammation of the skin). If you notice any adverse affects, please discontinue use.
DISCLAIMER MIRACLES AND ITS AFFILIATES AND HOLDING S ARE NOT RESPONSIBLE FOR ANY INDIVIDUAL REACTION TO ANY PARTICULAR INGREDIENT. PEOPLE WITH SENSITIVITIES TO ANY LISTED INGREDIENT SHOULD NOT USE THE PRODUCT. IN CASE YOU ARE IN DOUBT OR HAVE SENSITIVE SKIN, ALWAYS TRY AN ALLERGY PATCH TEST AND IF AT ANY TIME IRRITATION OCCURS, DISCONTINUE USE OF THE PRODUCT.
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DMCA
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide MIRACLES's designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
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Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity or where the order violates MIRACLES’s published policies. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
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Privacy
By submitting your email address in connection with your account, you agree that MIRACLES and its third-party service providers may use your email address to contact you about your MIRACLES account or Content you have submitted to the Sites, including the Community, or for other administrative purposes and for any other purpose permitted or required by law. MIRACLES's Privacy Policy provides further detail on the manner in which MIRACLES may collect and use personally identifiable information about you, including any information you supply in connection with your use of these Sites and participation in the Community.
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Waiver
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MIRACLES's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
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English Language
It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.
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Dispute Resolution
If a dispute should arise between you and MIRACLES, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by by sending an email to support@miraclesbymilagros.com
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND MIRACLES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.
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Legal Disputes; Class Action Waiver; Jury Trial Waiver
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING PROVISIONS:
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A TRIAL IN FRONT OF A JURY.
NO CLASS ACTIONS: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.
WAIVER OF JURY TRIAL: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY).
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Choice of Law/Forum Selection
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Miami, Florida.
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Severability
The provisions of these Terms of Use 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 MIRACLES, or alternatively, by a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.
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Notice to California Consumers
Under California Civil Code Section 1789.3, California consumers are entitled to the following consumer rights notice: The provider of the Sites is MIRACLES INTERNATIONAL GROUP LLC located at 350 Mission Street, 7th Floor, San Francisco, CA 94105. For questions or complaints regarding the Sites, please send a letter to the above address or send an email to support@miraclesbymilagros.com with “California 1789.3 Inquiry” in the subject line, or call 1-877-737-4672. California consumers may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916-445-1254 or 1-800-952-5210.
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Changes to Terms and Conditions.
MIRACLES reserves the right to make changes to these Terms and Conditions at any time in its sole discretion. All changes are effective upon posting the updated Terms & Conditions Agreement to the Miraclesbeauty.com website. Your continued participation in MIRACLES's Tax Refund Request Program following the posting of the updated Terms & Conditions Agreement constitutes your acceptance of such changes. In addition to this Agreement, your participation in this program is also subject to MIRACLES’s Terms of Use.
Comentado [JM9]: Mencionar en la política que el cliente al comprar o suscribirse en el newsletter acepta los T&C y mencionar que el uso de la web implica aceptación implícita
Comentado [JB10R9]: These are the terms of use ("Terms of Use") for your use of services or features on the sites owned and controlled by ("MIRACLES"), including miraclesbeauty.com, and all other websites, mobile sites, services, applications, platforms and other tools where these terms appear or are otherwise referenced, or for which no separate terms are provided as well as to your visits to or interaction with us in any of our stores or elsewhere (collectively, the "Sites"). You may be accessing our Sites from a computer or mobile phone device (through mobile website or mobile application) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.
- GENERAL TERMS OF SALE
- RETURNS & WARRANTY POLICY
- EXCHANGE POLICY
- SHIPPING POLICY
- REFUNDS POLICY
- PRIVACY POLICY
1.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:
- an Event Outside Our Control (as defined below);
- the product you seek to purchase is not available or in stock;
- your address, billing information or form of payment is incorrect or cannot be verified;
- your order is flagged by our security systems as potentially fraudulent, or an order placed with automated ordering software or technology;
- there is evidence that your order (single or cumulative orders) was purchased for the purpose of resale, tax evasion, or other fraudulent purpose;
- 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;
- your purchase or order exceeds product purchase limits (quantity and/or dollar amount);
- your account and/or purchase history shows an excessively high volume of returns;
- there is evidence that you are not eligible to make purchases; or
- 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.
- 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
- We will not accept any returns of opened containers for the following reasons: Health related issues such Çmix-ability, ingredients, consistency, odor, or color.
- We will not accept any returns of products in any different from their original packaging.
- We will not accept any returns due to dissatisfaction, change of mind or error on your part.
SHIPPING FEES
- 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.
- MIRACLES EXCHANGES POLICY
ANY PURCHASE MADE FROM MIRACLES STORES INCLUDING ONLINE STORES IS FINAL AND WE DO NOT ADMIT EXCHANGES.
- 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.
- 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.
- 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.
TERMS AND CONDITIONS – PROMOTION.
These Terms and Conditions set forth the rules governing participation in the promotional campaign organized by MIRACLES INTERNATIONAL GROUP LLC (hereinafter, “MIRACLES”). The purpose of this campaign is to recognize and reward customer loyalty through purchases of products offered exclusively on the official website https://miraclesbeauty.com. This promotion is not valid for purchases made through any other website or through unauthorized sellers.
By participating in this campaign, the customer acknowledges and agrees to be bound by these Terms and Conditions.
1. Promotion Period.
This promotional campaign will be valid from May 25, 2026, at 12:00 a.m. through June 8, 2026, at 11:59 p.m., or while supplies last, whichever occurs first.
2. Promotion Mechanics.
During the Promotion Period, customers will receive a ten percent (10%) discount on all products offered on the website.
This promotion may not be combined with any other discounts, promotions, offers, or benefits.
All purchases are subject to product availability and payment authorization.
Images used in advertising and promotional materials are for illustrative purposes only.
This promotion is subject to product availability and may end before the stated expiration date if inventory is depleted.
Products purchased under this promotion have no cash value and may not be exchanged for cash, other products, or any benefit other than as expressly provided herein.
Unless expressly stated otherwise, the ten percent (10%) discount applies only to the purchase price of eligible products and does not apply to shipping charges, handling fees, taxes, or other charges imposed at checkout.
3. Territorial Scope of the Promotion.
This promotional campaign applies only to purchases made within the United States in locations to which MIRACLES ships through the official website https://milagrosbeauty.com/. Purchases made outside the United States or through unauthorized platforms or sellers will not qualify for this promotion.
This promotion is void where prohibited or restricted by applicable federal, state, or local law.
4. Shipping and Delivery.
Shipping charges and estimated delivery times will be calculated at the time the order is placed, in accordance with the rates published on our website. Delivery times may vary depending on the size and characteristics of the purchased product, the delivery destination, and the carrier’s applicable policies.
Any delivery timeframe provided is an estimate only and does not constitute a guarantee of performance. Deliveries are made through third-party logistics providers engaged by MIRACLES INTERNATIONAL GROUP LLC; therefore, delivery dates may be affected by logistics-related issues, unforeseen events, or events of force majeure.
5. Additional Restrictions and Considerations.
MIRACLES reserves the right to reject, cancel, or void any order or participation that does not comply with these Terms and Conditions or that is suspected of fraud, misuse, or unauthorized activity.
This promotion is a limited-time discount offer only and is not a sweepstakes, contest, raffle, lottery, or game of chance.
Published images and product depictions are for reference purposes only, are subject to product availability, and do not include any objects or elements other than the products marketed by MIRACLES INTERNATIONAL GROUP LLC. Promotional discounts and percentages apply only to the regular, non-discounted prices of eligible products.
6. Modifications and Limitation of Liability.
MIRACLES INTERNATIONAL GROUP LLC reserves the right to modify, suspend, or terminate this promotion in the event of extraordinary circumstances, and any such change will be communicated to consumers through the appropriate channels. Estimated delivery times will be presented during the purchase process; however, MIRACLES does not guarantee exact delivery dates, as delays may occur for reasons beyond its reasonable control, including, without limitation, distance, geographic conditions, third-party acts or omissions, and similar circumstances.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this promotion shall be brought exclusively in the state or federal courts located in Florida, and the parties consent to the jurisdiction of such courts.

