Terms & Conditions

Welcome to Milo’ website (the "Site"), which is owned and operated by Milo’ Tricot Consultant Inc.

Except as otherwise noted herein, these terms and conditions ("the Terms") govern your use of the Site. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Milo’ reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. Milo’ provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials and Content"), is Milo’ property or that of our suppliers or licensors and is protected by copyright. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Milo’. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.


Prohibited Uses

The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. Milo’ specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

 


Limits on Purchases

We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we may, in our sole discretion, 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to cease doing business with those customers violating this policy. We may modify this policy at any time without prior notice.


Security Rules

Violations of system or network security may result in civil or criminal liability. Milo’ will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

 


International Use

We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States.


Returns Policy

Returns will be accepted within 20 days for full refund, store credit or exchange subject to the conditions below and they must first be pre-authorizated by email prior to sending merchandise back, no exceptions.

Milo' will allow returns with invoice receipt and the item in its original packaging. We can not accept any returned item or exchange that bears any indication that it was worn,washed or altered. We do not refund shipping charges. Return shipping, payment for return shipping, and any subsequent damages from return shipping are the responsibility of the purchaser. Milo' reserves the right to refuse returned goods.

Milo' credit is valid for one year from the date of issue. Thereafter, unused credit is forfeited. Damage claims on shipped items must be made within 48 hours of package arrival. Please inspect your purchases immediately upon receipt as no claims can be made after this time.

If you have any questions or to pre-authorized your return, please email us at info@milotricot.com


Product and Pricing Information

Although Milo’ has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user, and Milo’ cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Milo’ is not responsible for typographical errors regarding price or any other matter.


Proprietary Rights

As between you and Milo’, (or any other company whose marks appear on the Site), Milo’ (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Milo’ logos, designs, titles, phrases and product names and the copyrights or other intellectual property in such materials (collectively, "Milo’ Intellectual Property") are owned by Milo’ Tricot Consultant Inc. You agree not to display or use the Milo’ Intellectual Property in any manner without Milo’s prior permission. Nothing on the Site should be construed to grant any license or right to use any Milo’ Intellectual Property without the prior written consent of Milo’. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Milo’. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.


Privacy Policy and User Information

In the course of your use of the Site, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.

If you respond to Milo’ with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of Milo’, and your submission of information shall constitute an irrevocable assignment to Milo’ of all worldwide rights, titles and interests in and to such information. Milo’ will not be liable for any use or disclosure of such information. Milo’ will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Milo’ will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.

However, Milo’ use of any personal information (name, etc.) you provide via the Site shall be governed by our Privacy Policy.


Privacy Policy

Any personal information you provide to us is maintained on secure servers and our internal systems. We collect information when you register online or update your account, log-in, place an order, opt-in to receive our emails, shop online, promotion or survey.

This information may include, but is not limited to, your contact information (for example, your name, email address, billing and shipping addresses and phone number) and your credit card information. If you create an online account, you also have the option of providing your product preferences and demographic information. If you use our "email a friend" functionality found on all product pages, or if you choose to send an email from our site to a friend, we will also collect your friend's name and email address. Your friend's information is only used to send the forwarding email and is not saved in our customer or marketing databases.


How we use this information

Your information is safe and confidential. We will not share it with anyone. We will not sell, trade or other wise compromise your personal information with any third parties.

When you place an order on in our website, we use this information to process and track your order and contact you via email, postal mail or phone if we have any questions or concerns regarding your order. When you provide an email address during checkout, you will also receive order confirmation via email.

We also maintain a record of your purchases made in our website and the phone number in order to serve you better. We may also use information about your product preferences in order to improve our site design and enhance your shopping experience.

When we offer promotions or surveys, you may be required to provide certain personal information so we can notify winners and/or fulfill promotional obligations. In these instances, you have the option to receive emails or other communications from us regarding our products, services and promotions. Even if you have previously chosen not to receive email from us, you may still receive information as it relates to the promotion or survey in which you have participated.

In the unlikely event of the sale of our business, Milo’ may disclose your personal information to a purchaser that substantially agrees to abide by the terms and conditions of this privacy policy.

You should also be aware that we may disclose specific information about you if required to do so by law, governmental request, process or court order or based on our good faith belief that it is necessary to conform or comply with such law, request or court order or to protect the users of our website or the public.


Disclaimers and Limitation of Liability

Milo’ publishes information on its Site as a convenience to its visitors. While Milo’ attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. Milo’ does not claim that the information in the Site is appropriate to your jurisdiction.

You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS." MILO’ DISLCAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MILO’ DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. MILO’ MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Milo’ makes no warranties of any kind regarding any non-Milo’ sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Milo’ makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Milo’ sites. Milo’ does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

IN NO EVENT SHALL MILO’, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF MILO’ OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Indemnity

You agree to defend, indemnify and hold Milo’, its directors, officers, employees, shareholders, agents, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.


General Information

These Terms constitute the entire agreement between you and Milo’ and govern your use of the Site, and they supersede any prior agreements between you and Milo’. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site or your commercial transaction with Milo’. Milo’ may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Milo’ sole discretion you fail to comply with any provision of these Terms.

You agree that no joint venture, partnership, employment, or agency relationship exists between Milo’ and you as a result of this Agreement or your use of the Site.

The failure of Milo’ to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in either the County of New York or County of Kings, State of New York.

You may not assign the Terms or any of your rights or obligations under the Terms without Milo’ express written consent. The Terms inure to the benefit of Milo’ successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Last Updated January 21, 2015