Terms and Conditions
Please read these Terms and Conditions carefully before using Our Service. These terms contain a requirement to arbitrate claims and waive class actions as well as provisions limiting disclaimers and liability. If you do not agree to these Terms and Conditions, you may not use our Website or Our Service, as defined below.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
“Claim” means any dispute between the Parties and/or their parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, shareholders, and/or licensors (who shall be third-party beneficiaries of the arbitration provision in these Terms) arising out of, related to, or in connection with these Terms, the Website, the Service, or Company’s representations.
Company (referred to as either "Company", “Miracle Brand”, "We", "Us" or "Our" in this Agreement) refers to Miracle Brand LLC, 111 Town Square Place Suite 1203 PMB 1065 Jersey City, NJ 07310.
Content refers to content such as text, images, videos, reviews, testimonials, Feedback, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content, including on the Website or related to the Service.
Country refers to: New Jersey, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Party or Parties mean You and/or Company.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website and related goods and services.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to any Miracle Brand website, including www.miraclebrand.co, and any related software and mobile applications, goods, and services, where these Terms are posted.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
Dispute Resolution and Arbitration
THIS SECTION SIGNIFICANTLY AFFECTS HOW ANY DISPUTES THAT MAY ARISE BETWEEN YOU AND THE COMPANY MUST BE RESOLVED.
The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com
) under the Streamlined Rules, as modified by this agreement to arbitrate. All remedies available to the parties under applicable federal, state or local laws shall remain available in arbitration. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. Unless you and the Company agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence. If you initiate arbitration against Company, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Company initiates arbitration against you, Company shall pay all costs associated with the arbitration. If JAMS is unavailable to arbitrate a dispute or claim, you and Company agree to arbitrate using an alternative arbitral forum. Regardless of the outcome of the arbitration, you and Company will each pay your own attorneys’ fees and costs unless an award of attorneys’ fees is available under applicable statute. The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration in a Court of Competent Jurisdiction, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. You acknowledge that without this provision, you would have the right to sue in court with a jury trial.
Payment of Arbitration Fees: Payment of all arbitration fees will be governed by the AAA’s rules. However, if the value of the relief You seek is $10,000 USD or less, at your request, the Company will pay the arbitration filing fee associated with filing the arbitration Claim, provided that, if the arbitrator determines that the Claim is frivolous or brought for an improper purpose, You shall reimburse any arbitration fees paid by the Company within 14 days. Any request for payment of fees by the Company should be submitted by mail to the AAA along with the Demand for Arbitration.
Class Action Waiver: YOU AND THE COMPANY MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS.
Limited Exceptions: Notwithstanding the mandatory Arbitration provision above, You may assert a Claim on an individual basis in small claims court if the Claim qualifies for small claims jurisdiction; and this agreement to arbitrate will not preclude any action for injunctive relief in aid of or arbitration. If You are a European Union consumer, you may benefit from the law of the country in which you reside.
Governing Law and Location: The Parties agree that all matters relating to access to or use of the Website and Service, including all Claims and disputes, will be governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the State of New Jersey, exclusive of conflict or choice of law rules. The location of the arbitration shall be New Jersey, provided that either Party may choose to have the arbitration conducted by telephone, video conference, written submissions, or a mutually-agreed upon location.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the product instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will use reasonable efforts to reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and we will not charge any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
- The supply of Goods made to Your specifications or clearly personalized.
- The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
- The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.