Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS (“Terms and Conditions”) carefully before using this website (the “Site”). These Terms and Conditions govern in all respects all sales and prospective sales of any products (“Products”) and apply to all visits and use of the Site, as well as to the Content (as defined below), information, recommendations and/or services provided to you on or through the Site. By accessing and using the Site, you are consenting to these Terms and Conditions in their entirety in addition to any other policies listed or referenced herein, and any other applicable laws or regulations. If you do not agree to these Terms and Conditions in their entirety please leave the Site.
OWNERSHIP OF CONTENT
The Site is owned and operated by Alohat, LLC (d/b/a Melin), its parent organization, subsidiaries and affiliates (collectively, “melin,” “we”, or “us”). All of the content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (the “Content”), is owned by melin, its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with melin, no portion or element of the Site or its Content may be copied or retransmitted via any means and the Site, its Content and all related rights shall remain the exclusive property of melin or its licensors unless otherwise expressly agreed.
You agree that your order is an offer to buy, under these Terms and Conditions, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after melin sends you a confirmation email with your order number and details of the items you have ordered.
PRICES AND TAXES
Prices are those in effect when melin accepts a purchase order. melin may accept or reject purchase orders in its sole discretion. No order shall be accepted (and accordingly melin shall not be placed under any obligations or liability under any agreement) until melin issues a written acknowledgement to you or melin delivers products to you (whichever occurs earlier). Unless otherwise stated in writing, each order when accepted constitutes a separate agreement. Unless otherwise stated in writing, all prices are expressed exclusive of any applicable sales tax and all costs or charges in relation to loading, unloading, carriage and insurance. All prices, models and material specifications are subject to change or withdrawal by melin at any time prior to an order being accepted. Prices may only be varied after this time (and prior to delivery or performance) on written notice to you, by reason of an increase in the cost of raw materials or labor or by reason of fluctuation in exchange rates, and you will be entitled to cancel the order without incurring liability, provided such cancellation is received by melin in writing at least forty-eight hours prior to the notified delivery or shipment date. Any cancellation received within forty-eight hours of the notified delivery or shipment date may incur cancellation charges which include: (a) all costs and expenses incurred by us; and (b) a fixed sum of [10%] of the total price of Products to compensate melin for disruption in scheduling, planned production and other indirect and administrative costs.
Payment is due at the time of placement of orders, unless stated otherwise by melin. You must pay all amounts to the account designated by melin, without any deduction by way of set-off, counterclaim, discount, abatement or otherwise. If you fail to make any payment or pay any invoice according to its terms, or upon such credit terms as expressly agreed in writing by melin, then, in addition to all other rights and remedies available to melin: (a) you are responsible for any and all commercially reasonable charges, expenses or commissions incurred by melin in stopping delivery, transportation and storage of Products, and in connection with the return or resale of Products; (b) melin has the right to terminate any agreement or suspend further performance under such agreement and other agreements with you; (c) you shall be liable to melin for all reasonable costs of recovering the monies owed, including reasonable attorneys’ fees; and (d) melin shall be under no obligation to make any future deliveries. melin may, at its option, charge you interest (calculated on a daily basis) on any overdue payment from the date when such payment was due to the date of actual payment at a rate that shall not exceed the maximum amount allowed under applicable law.
melin may revise prices, dates of delivery, and warranties upon acceptance of requests by you for modifications to Products. If you reject proposed changes to made-to-order Products deemed necessary by melin to conform to the applicable specification, melin shall be relieved of its obligation to conform to such specification to the extent that conformance may be affected by such objection in the reasonable opinion of melin.
SHIPMENT AND DELIVERY
melin will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. melin shall not be liable for any delays in shipments.
melin uses a referral program (“Refer-a-Friend-Program”) where you (“Referrer”) can refer other individual customers (“Referred Customer”) to our Site. By using melin’s Refer-a-Friend-Program, you are subject to the additional Refer-a-Friend Program terms and conditions set forth below:
- Qualified Referral:A qualified referral (“Qualified Referral”) is defined as a purchase made at melin’s Site by a Referred Customer who arrives to melin’s Site by clicking your Refer-a-Friend Program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
- Referred Customer:The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
- Referral Rewards:A referral reward (“Referral Reward”) is defined as $10 store credit on melin’s Site per Qualified Referral and does not include any cash-back offer. For you to earn a Referral Reward as a Referrer, the Referred Customer must complete an order greater than $20 in total value, minus all fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other third-party fees. . As a Referrer, you are responsible for any and all tax liability resulting from such Referral Rewards.
- Eligibility:Eligibility is limited to individuals only. melin’s Refer-a-Friend Program cannot be used by businesses for affiliate-lead generation as determined in melin’s sole discretion.
- No Spam:You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your use of our Refer-a-Friend Program.
- Right to Terminate Use:melin reserves the right to terminate the use of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use melin’s Refer-a-Friend Program in a questionable manner, breaches any of these Refer-a-Friend Program terms and conditions, or is in violation of any law.
- Right to Cancel or Change:melin reserves the right to cancel the Refer-a-Friend Program or to change these Refer-a-Friend Program terms and conditions at any time in melin’s sole discretion. Any unclaimed rewards will be forfeited at that time.
The copyright in all Content is and remains owned by melin. You will not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content without the express written consent of melin. Except as authorized under the law relating to copyright, you may not reuse any Content without first obtaining the written consent of melin. The use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from any Content.
Any designs, manufacturing drawings or other information or descriptive matter issued by melin or appearing on the Site are issued or published for the sole purpose of giving an approximate idea of the Products described therein. Any such material made available to you (and all intellectual property rights therein) shall remain the exclusive property of melin. You will not, without melin’s prior written consent, copy such information or disclose such information to a third party. All intellectual property rights in or arising out of or in connection with the Site shall be owned by melin.
Title to any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) provided with the Products on the Site (including but not limited to screensavers, icons, videos and wallpapers) remains with melin or its supplier and is licensed, not sold, to you. Title to products shall not pass to you until melin has received in full (in cash or cleared funds) all sums due to melin in respect of the products and all other sums which are or which become due to melin from you on any account. melin does not transfer title to the Software to you. melin retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, service marks and trade names of melin used herein (including but not limited to: the word mark “melin” or “Melin”, the melin logo, and any other marks identified or owned by melin) are trademarks or registered trademarks of melin or its affiliates, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify melin trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without melin’s prior written consent. The use of melin trademarks on any other website or network computer environment, for example the storage or reproduction of (or a part of) the Site in any external internet site or the creation of links, hypertext, links or deep links between the Site and any other internet site, is prohibited without the express written consent of melin.
SECURITY AND USE OF PASSWORD
melin may require you to create a username and password to access and use certain portions of this Site, including ordering portions. Do not share your username and password with anyone. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND USERNAME, WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of your username and password. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
When you use the Site, or send e-mails to us, you are communicating with us electronically. Such actions by you act as consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
PRODUCTS, CONTENT AND SPECIFICATIONS
We strive to ensure that information on this Site is complete, accurate and current; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions, and the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. Further, we strive to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates and its affiliates that your copyrighted material may have been infringed:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
To contact our Copyright Agent regarding notice of copyright claims on this Site Send Us A Message.
DISCLAIMER OF WARRANTIES
THE SITE AND THE CONTENT ARE PROVIDED ‘AS IS’ AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AGAINST INFRINGEMENT, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, USAGE OF TRADE, AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT THE PRODUCTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY SELLER FOR BUYER’S OR ANY OTHER PERSON’S USE OR PURPOSE. THE REMEDIES PROVIDED IN THIS SECTION ARE BUYER’S SOLE REMEDIES FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO PRODUCTS AND SERVICES. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE. ALL WARRANTY CLAIMS MUST BE RECEIVED BY MELIN ON OR BEFORE THE END OF THE APPLICABLE WARRANTY PERIOD.
YOU AFFIRM THAT MELIN SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF ANY MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
MELIN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES CONTAINED ON THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. MELIN DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. MELIN RESERVES THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF THE SITE AT ANY TIME WITHOUT NOTICE WITHOUT INCURRING ANY LIABILITY.
LIMITATION OF LIABILITY
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER MELIN NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH (i) THE PRODUCTS, ANY ACT OR OMISSION OF MELIN, OR ANY BREACH OF THESE TERMS AND CONDITIONS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED; AND (ii) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION ON THE SITE, OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF MELIN HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
MELIN’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS WHICH ARE THE SUBJECT OF OR GAVE RISE TO SUCH CLAIM.
You agree to defend, indemnify and hold melin and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these Terms and Conditions by you or your authorized users, or in connection with the use of the Site or the Internet, or your purchases or the placement or transmission of any message or information on this Site by you or your authorized users, or your violation of any law or the rights of a third party.
We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Site in the event that (i) you breach these Terms and Conditions; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, our users or us. You agree that melin will not be liable to you or to any third-party for such suspension or termination.
LINKS TO THIRD PARTIES
MISUSE OF THE SITE
You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials or content from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
From time to time melin makes it possible to view and distribute content generated by you, for instance through “Tell a Friend” or e-postings or sending postcards to others persons. You acknowledge that melin only acts as a passive conduit for the distribution and is not responsible and liable for the content of the communications and materials generated by you or other users. If you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment or other Content, if any, in connection with such review, comment or other Content.
melin reserves the right at its sole discretion to block or remove any communications and materials it believes are not in accordance with these Terms and Conditions, or otherwise unacceptable to melin.
No third-party BENEFICIARY
These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than you.
Melin maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to melin. You should therefore not post any Materials on the Site or send these to melin by e-mail or otherwise. In the event you do send melin any Materials, despite the request not to do so, melin shall be entitled to use, copy and/or commercially exploit such Materials to the fullest extent and free of charge and melin shall not be bound by any confidentiality obligation in respect of such Materials.
HOW TO CONTACT US
If you have any questions or comments about the Site or any of our services, please Send Us A Message.
CHANGES TO THE TERMS AND CONDITIONS
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of California, excluding any conflicts of law rules requiring the application of the substantive law of any other jurisdiction. Any dispute, controversy, claim or civil action based upon, arising out of, or in any manner connected with these Terms and Conditions, their breach, or any of the transactions contemplated by these Terms and Conditions shall be commenced in and determined by the federal or state courts located in Orange County, California. Each of the parties to this Agreement (a) irrevocably and unconditionally consents and submits to the in personam jurisdiction of such courts in any such action, (b) consents to service of process in accordance with the rules governing proceedings in any such court, and (c) irrevocably waives and covenants not to assert any objection to the laying of venue in any such court in any such action.
Last revised May 2, 2022.