Terms of Service

 

1. Overview

 

Welcome to Milankamilanka.com (the “Website”)! We are happy you are here! This Website is operated by The Unique Dolls, Inc. (“Milanka”). Throughout the Website, the terms “we,” “us” and “our” refer to Milanka. Milanka offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting and/or using our Website and/or purchasing something from us, you agree to be bound by the following terms and conditions (the “Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlinks. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

 

2. License and Site Access

 

Milanka grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with the express, written consent of Milanka. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, written consent of Milanka. You may not use any meta tags or any other "hidden text" utilizing Milanka’s name, logo or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by Milanka. You may not use any Milanka logo or other proprietary graphic or trademark as part of the link without express written permission.

 

Links by You to the Website. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Website, so long as: (a) the links only incorporate text, and do not use any trademark graphics that are owned by or licensed to Milanka, (b) the links and the content on your website do not suggest any affiliation with Milanka or cause any other confusion, and (c) the links and the content on your website do not portray Milanka or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Milanka. Milanka reserves the right to suspend or prohibit linking to the Website for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

 

 

3. Copyright

 

All content included on this Website, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of Milanka or partners and protected by the United States and international copyright laws. All software used on this Website is the property of Milanka or its software suppliers and protected by the United States and international copyright laws.

 

 

4. Trademarks

 

The trademarks, logos, service marks and trade names displayed on our Website are registered and unregistered trademarks of Milanka and/or others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. Your misuse of the trademarks displayed on our Website is strictly prohibited. We will enforce our trademark rights to the fullest extent of the law.

 

 

5. External Links

 

This Website may contain links to other websites for your convenience and information. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. We are not responsible for the content of any websites that are not affiliated with Milanka, any use of those websites, or the privacy practices of those websites. You should carefully review their privacy statements and other conditions of use.

 

 

6. Errors and Inaccuracies

 

We always try to provide complete, accurate, up-to-date information on our Website. Unfortunately, despite those efforts human or technological errors may occur. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

 

 

7. User Conduct

 

By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or that you are at least 18 years of age and you have given us your consent to allow any of your minor dependents to use this Website. You warrant and agree that you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or material obtained through our Website for commercial purposes; or (c) attempt to gain unauthorized access to other computer systems through our Website.

 

You may not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through our Website, including without limitation any information residing on any server or database connected to our Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use our Website with the intent to interrupt, damage, disable, overburden, or impair our Website including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; or (iv) use our Website in violation of any applicable law. You further agree that you may not circumvent, reverse engineer, decrypt, or otherwise alter or interfere with Milankamilanka.com, or any content thereof, or make unauthorized use thereof.

 

 

8. Billing and Account Information

 

We reserve the right to refuse any order you place with us. 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. If we make a change to or cancel an order, we may attempt to notify you by contacting you via 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.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We are not responsible for lost, missing, or stolen packages. All orders will be shipped to the “SHIPPING” address provided during the time order was placed.

 

 

9. Personal Information

 

Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy (link here).

 

 

10. Children

 

We do sell, among other things, collectible and unique dolls, but our Website is not meant for children. We will not knowingly collect any personally identifiable information from children under the age of 13 without verified parental consent. We will remove from our files any personally identifiable information of anyone we discover to be under 13 years old. Our online contests or sweepstakes, if any, are restricted to entrants who are at least 18 years old.

 

 

11. Disclaimer of Liability

 

We make no representations or warranties of any kind, whether express or implied, with respect to this Website, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of this Website or any other website linked to it. In no case shall Milanka, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

 

12. Your Consent

 

You acknowledge that using our Website signifies your assent to Milanka’s Privacy Policy (link) and Terms of Service and is undertaken at your own risk. We reserve the right to change our Privacy Policy (link) and these Terms of Service at any time, without advanced notice. If we decide to change our Privacy Policy (link) and these Terms of Service, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it.

 

 

13. Dispute Resolution

 

CERTAIN PORTIONS OF THIS SECTION 13 ARE DEEMED TO BE A “WRITTEN AGREEMENT TO ARBITRATE” PURSUANT TO THE FEDERAL ARBITRATION ACT. YOU AND MILANKA AGREE THAT WE INTEND THAT THIS SECTION 13 SATISFIES THE “WRITING” REQUIREMENT OF THE FEDERAL ARBITRATION ACT.

 

 

If any controversy, allegation, or claim arises out of or relates to the Website, or to any of Milanka’s actual or alleged intellectual property rights (collectively, “Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 13.

 

Your notice to us must be sent to: Milanka, 2836 East Coast Hwy, Corona Del Mar, CA 92625  U.S.A., Attention: Legal Department.

 

For a period of 60 days from the date of receipt of notice from the other party, Milanka and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or Milanka to resolve the Dispute on terms with respect to which you and Milanka, in each party’s sole discretion, are not comfortable. If we cannot resolve a Dispute within 60 days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance with this Section 13.

 

Upon expiration of the applicable 60-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The arbitrator will apply applicable law and the provisions of these Terms of Service and any additional terms stated on our Website, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award.

 

You can obtain JAMS procedures, rules, and fee information as follows:

 

Tel.: 800.352.5267

 

https://www.jamsadr.com

 

Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring a qualifying claim of Disputes in small claims court.

 

 

14. Returns and Refunds

 

Please see our Return and Refund Policy (link) for more details concerning returns and exchanges of purchases.

 

 

15. Termination

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

 

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

 

16. Applicable Law

 

By visiting our Website, you agree that the laws of the state of California will govern our Privacy Policy (link) and these Terms of Service and any dispute of any sort that might arise between you and Milanka.

 

 

17. How to contact us

 

If you have any questions or concerns about these Terms of Service, and/or how we process personal information, please contact us by email at hello@Milankamilanka.com or by mail using the address provided below:

 

Milanka

2836 E. Coast Hwy 

Corona Del Mar CA 92625

United States

 

 

Last Updated: March 2021