IMPORTANT NOTICE. PLEASE READ CAREFULLY BEFORE PLACING YOUR ORDER AND BEFORE SUBMITTING ANY PERSONAL INFORMATION VIA THIS WEBSITE. By using this Website, placing an order with MILANIYA on this Website or through other means, clicking the “buy” button, or checking the terms and conditions box, you agree to the MILANIYA Terms and Conditions set forth below, including, without limitation, the MILANIYA Privacy Policy.

1. Scope

1.1 MILANIYA DISTRIBUTORS or any of their affiliates (each “MILANIYA,” “We,” “Us” or “Our”) provides pure and natural essential oils, essential oil blends, herbal and natural cosmetics.

1.2 These MILANIYA Terms and Conditions, including, without limitation, the MILANIYA Privacy Policy, as amended from time to time, are collectively known as the “Agreement.” The Agreement applies to all purchases of Products made or confirmed through this website and/or through Our mobile app (individually and collectively, the “Website”) or made or confirmed through other mutually agreed upon means. You understand and agree that this Agreement is enforceable against you and any entity with which you are employed or affiliated and on whose behalf the Products are used. If you are entering into this Agreement on behalf of yourself and such entity, you represent that you have the authority to bind the entity to this Agreement. The terms “You” and “Your” refer to you, individually, and to each such entity. You hereby represent and warrant that You have CAREFULLY read and understood this Agreement, that You are of legal age under the laws of Your country (e.g., eighteen years of age or older in the European Union and United States), and that You accept this Agreement freely, voluntarily, and with full knowledge and understanding of its terms and conditions.

1.3 The MILANIYA Privacy Policy is part of this Agreement.

2. Order

2.1 MILANIYA cannot guarantee that the Products are in stock. MILANIYA reserves the right to reject Your submission of an order to purchase Products (“Order”) at any time and without any liability to MILANIYA if, in MILANIYA’s sole discretion, it is unable to process or fulfill Your Order. MILANIYA shall have this right of rejection even if You should receive a notice via the Website that the Order was successfully submitted or completed (or similar language).

2.2 Promptly following any rejection by MILANIYA of Your Order, MILANIYA will refund any prior payments that You have made for the Products included in that Order.

2.3 You confirm that all information provided by You when placing an Order is complete, accurate and up-to-date so as to allow MILANIYA to fulfill Your Order, and You will promptly update such information to keep it complete and accurate. You may update Your information via MILANIYA myAccount.

2.4 If You provide any information that is untrue, inaccurate, or incomplete, or if MILANIYA has reason to believe that the information You provided is untrue, inaccurate, or incomplete, MILANIYA may: (a) suspend or terminate Your account; (b) if permitted by applicable law, use electronic self-help means to terminate Your ability to access the Products; and/or (c) terminate this Agreement.

2.5 You will maintain the confidentiality of Your password, user ID, and other account credentials. You shall immediately notify MILANIYA of any unauthorized use of Your account credentials, or any other breach of security that is known or suspected by You.

2.6 You consent to the use of electronic communications in transacting business with MILANIYA, including, without limitation, the electronic delivery of notices and other documents to You. If at any time You would like to cease doing business electronically with MILANIYA, You will need to provide MILANIYA with written notice of Your withdrawal of Your consent to do business electronically, which will then terminate this consent. Thereafter, You shall not use this Website to place any Orders, and any notices and documents from MILANIYA will be provided to You on paper.

3. Price and Payment

3.1 Prices are as specified on the Website; however, MILANIYA reserves the right to adjust prices in its sole discretion due to increases in costs (including, without limitation, delivery costs or costs of any materials), the increase or imposition of any tax, duty or other levy, any variation in exchange rates, or other errors. Prices for the Products are exclusive of shipping, handling, duties, and taxes, all of which shall be paid by You.

3.2 Prior to Product delivery, MILANIYA will notify You in writing via email of any price increases (a “Notification Email”). The Notification Email will be sent to You at the email address that We have in Our records for You. By no later than the deadline set forth in the Notification Email, You may cancel Your Order for the Product for which the price was increased (a) via MILANIYA myAccount or (b) by sending a reply email to the Notification Email. If You do not so cancel Your Order within said deadline, You accept the new prices and conditions for the Product as set forth in the Notification Email.

3.3 You shall make payment for Your Order prior to Product delivery and by one of the methods that are indicated on the Website (or by such other method as may be mutually agreed upon in writing by You and MILANIYA). When You place Your Order, MILANIYA will charge the credit or debit card that You provided to MILANIYA. If You do not pay applicable taxes to MILANIYA for the Product, You must report and pay any applicable taxes to the appropriate governmental agencies.

3.4 MILANIYA reserves the right to verify Your credit or debit card payments. In case of any non-payment to MILANIYA following Product delivery, MILANIYA may, without notification to You, transmit claims to the parties for which MILANIYA acted as a reseller (the “Vendor”), and the Vendor or MILANIYA shall have the right to repossess and resell such Products, and You hereby grant MILANIYA, the Vendor, and their designated agents all rights available under applicable law, including, without limitation, the right to use electronic self-help means to terminate Your ability to access the Products, or otherwise repossess or reclaim the Products from You.

3.5 As between You and MILANIYA, You shall be responsible for any fraudulent or unauthorized transactions made through the Website, including, without limitation, using Your account credentials, credit card or debit card.

4. Delivery; Risk of Loss; Title

4.1 All delivery dates (whether provided on the Website, in an Order confirmation, or elsewhere) are estimates only and not a guarantee that any the Products will be delivered by a given date.

4.2 Delivery will be made to the address You provided to MILANIYA for Your Order. You must immediately notify MILANIYA via MILANIYA myAccount of any errors or omissions in the MILANIYA Order confirmation notice at the Website or in the MILANIYA payment notification that is sent to You at the email address that We have in Our records for You. MILANIYA reserves the right, in its sole discretion, to impose additional charges for any adjustments You make to an Order (e.g., delivery address) after You submit an Order.

4.3 All risk of loss for the Products shall pass to You upon delivery of the Products to the location specified in Your Order (even if no signature is required for delivery). You shall pay MILANIYA for the Products plus any additional amounts incurred by MILANIYA as a result of Your refusal or failure to take delivery of the Products, including, without limitation, attempting delivery of the Products by any reasonable means, or storing the Products. MILANIYA will be entitled to dispose of the Products in such manner as it sees fit if You have not taken delivery of the Products within thirty (30) days after (a) the scheduled date of delivery or (b) the date on which delivery was first attempted, whichever is later.

4.4 Except as Clause 3.2 or 12.1 may apply to Your Order, or as described by MILANIYA in the Order form for Your Order, You are not entitled to revoke or cancel in whole or in part any Order.

4.5 Title to the Products (or, if licensed, Your copy of the Products) will pass to You when MILANIYA receives payment in full for the Products (including, without limitation, any interest and other amounts due for the Products).

4.6 Unless and only to the extent permitted by the EULA or applicable law, if You are a consumer, You shall not resell the Products until after title therein has passed to You.

5. Conditions for the Products

5.1 The Products delivered by MILANIYA are subject to the terms and conditions of this Agreement and the terms and conditions of an end user license agreement or other agreement from the Vendor of the Products (collectively, the “EULA”). If You do not agree to the EULA, You are not authorized to use the Product and shall immediately notify MILANIYA via MILANIYA myAccount. Unless otherwise expressly agreed in writing by the Vendor, the Products are licensed and not sold to You, irrespective of any use of the words “purchase,” “sale,” “reseller” or similar terms in this Agreement or at the Website. Unless and only to the extent permitted by the EULA or applicable law, You represent and warrant that You shall use the Products in accordance with the EULA and will not use the Products for any unlawful purpose. In addition to and without limiting the foregoing.

5.2 Subject to Clause 7 (Inspection; Complaints) and Clause 8 (Refunds) of this Agreement, the remedies set forth in the EULA shall be Your sole and exclusive remedies with regard to the Products.

6. Feedback

From time to time, MILANIYA or a third party engaged by MILANIYA may request feedback and other information from You about such topics as the Products or Your experiences with the Products (“Feedback”). Providing MILANIYA with Feedback is optional. By providing Feedback to MILANIYA, You grant MILANIYA a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sublicensable right to use the Feedback for any lawful purpose, including, without limitation, the right to reproduce, adapt, publish, translate, distribute, and display all or parts of the Feedback in any medium whatsoever along with Your first name and last initial, and local geographic area, as determined by MILANIYA in its sole discretion. MILANIYA may also use the Feedback in anonymous and aggregate reviews.

7. Inspection; Complaints

7.1 Upon delivery of the Products, You should inspect the Products and verify that the Products as delivered are in accordance with Your Order, including, without limitation, verifying that no items are missing from Your Order.

7.2 Within seven (7) days after the Products are delivered, You must provide written notice to MILANIYA if any of the Products as delivered are not in accordance with Your Order. 

8. Refunds

All refund and exchange requests are managed by MILANIYA and are made pursuant to the MILANIYA Refund Policy.

9. Disputes

9.1 With the exception of injunctive relief (which either party may seek as they deem necessary to avoid irreparable damage or preserve the status quo), any dispute between the parties arising out of or related to this Agreement shall be resolved as follows:

• 9.1.1 Upon the written request of either party, each party will appoint a designated representative whose task it will be to meet for the purpose of resolving such dispute. Each designated representative shall have the authority to reach a binding resolution of the dispute through amiable discussions, the exchange of documents, and/or meetings. The designated representatives shall negotiate in good faith in an effort to resolve the dispute without the necessity of any formal proceeding relating thereto.

9.2 Notwithstanding any terms and conditions of this Agreement to the contrary, the prevailing party in any proceeding arising out of or related to this Agreement shall be entitled to recover its reasonable expenses and costs, including outside and in-house attorneys’ fees, from the other party.

10. General

10.1 MILANIYA’s failure or delay in the performance of any of its obligations under this Agreement shall be excused to the extent and for the duration that such failure or delay is occasioned by a force majeure event which shall include, without limitation, acts of God, acts of war, earthquakes, fires, floods, terrorism, riots, civil disorders, rebellions, labor disputes, or any circumstances beyond MILANIYA’s reasonable control.

10.2 In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, which shall remain in full force and effect. Your Order and this Agreement set forth the entire understanding between You and MILANIYA relating to the subject matter of Your Order and this Agreement, and supersede all prior or contemporaneous negotiations, understandings, agreements, proposals and representations, written or oral, between the parties related to Your Order and this Agreement. In the event of a conflict among the terms and conditions of this Agreement and the terms and conditions of any Order, the terms and conditions of this Agreement shall prevail. 

10.3 MILANIYA reserves the right to change this Agreement at any time by posting notice of the changes on the Website. You will be deemed to have been made aware of, and will be subject to, the changes to this Agreement after such notice has been posted. Your continued use of the Products, the Website, or any materials or services accessible through the Website, shall constitute Your acceptance of the changes. If You do not agree to the changes, Your sole remedy shall be to discontinue use of the Products and not place new Orders for Products. No delay or failure by MILANIYA in exercising or enforcing any of its rights or remedies under this Agreement, in whole or in part, and no course of dealing or performance, shall constitute a waiver by MILANIYA of any provision of this Agreement.

10.4 Your Order and this Agreement are personal to You. You shall not assign Your rights or delegate Your obligations under this Agreement, in whole or in part, without the prior written consent of MILANIYA. Any attempted assignment or delegation by You shall be voidable ab initio by MILANIYA. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

10.5 This Agreement shall not be construed as creating any agency, partnership or joint venture between MILANIYA and You.

10.6 The headings contained in this Agreement are intended solely for convenience of reference and are not intended to be part of or affect the meaning or interpretation of this Agreement. The words “shall,” “agree” and “will” are mandatory, the word “may” is permissive, the word “or” is not exclusive, and the singular includes the plural and vice versa. “Business Day” shall mean Monday through Friday, excluding New Year’s Day, Christmas Day, and other MILANIYA holidays. All time period references in the Agreement to “days” other than “Business Days” shall be deemed to refer to calendar days. All references to “days” or “Business Days” shall mean consecutive days or Business Days. This Agreement is executed in the English language. In the event this Agreement is translated into another language, and any inconsistency or discrepancy in meaning or interpretation results therefrom, the English language version shall prevail and control.