Terms of Service
Welcome to the Terms of Service for Miyales, website: . This is an agreement (“Agreement”) between Miyales, the owner and operator of the Miyales website (the “Site”) and you (“you”, “your” or “user(s)”), a user of the Site.
Throughout this Agreement, the words “Miyales,” “us,” “we,” and “our,” refer to our company, Miyales, as is appropriate in the context of the use of the words.
By clicking “I agree” or accessing the Site you agree to be bound by this Agreement and the Privacy Policy. We may amend this Agreement at any time and may notify you if we do so. Please read these terms carefully as they govern your use of the Site, your purchases, and your legal rights. Portions of the Site may allow you to submit information to us. You must fully complete the information submission process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable form.
1. Content Disclaimer
Miyales is an online platform that allows you to buy products through our website. To use the services provided on the Site by Miyales, you agree to either maintain your own Miyales.com account, be logged in to your account at the time of purchase, or purchase as a guest. You must also have a valid payment method, either associated with your account or for use at time of purchase. Miyales does not make any representations of warranties with respect to any product or service sold on this Site or otherwise. You agree to the use of this Site at your own risk. Likewise, you agree that supplies and products purchased through this Site can cause harm; thus, you assume the risk associated with that harm and grant Miyales a full liability release with respect to your usage of this Site, the products purchased on this Site, and the use of such products by you. Miyales disclaims all implied warranties, including and not limited to implied warranties of satisfactory quality and fitness for a particular purpose. You agree that the Miyales Content (defined in Section 2 herein) may be inaccurate, unsubstantiated, cause irreparable harm to your devices used for accessing this Site, or possibly even incorrect. You agree to release us from any liability that we may incur for making available any Miyales Content. You further release us from any claims of damages that could arise from the use of the Site, including, but not limited to, indirect, direct incidental, and consequential damages.
2. Ownership
The Site and any related services provided are owned and operated by Miyales including all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content or any description available on the Site or available via a link from Site to a page created by Miyales on another website (collectively, the "Miyales Content"). The Miyales Content is the sole property of Miyales and/or its licensors. All Miyales Content is protected by international copyright, trademark, patents, trade secrets and other proprietary rights and laws. Use of the Miyales Content for any purpose not expressly permitted in this Agreement or otherwise consented to by Miyales is prohibited. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Miyales Content.
3. Privacy
Please read Miyales's Privacy Policy for more information regarding our collection and use of your information. The Miyales Privacy Policy is integrated into this Agreement, by reference and you must agree to all provisions of our Privacy Policy before using our Site. You may not be required to create a user account when you use our Site; however, we may collect information from you when you submit an inquiry or comment through the Site.
4. Site Availability and Modification
Although we attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Site at any time. We may conduct such modifications to our Site for security reasons, intellectual property, legal reasons, or various other reasons at our discretion; however, nothing in this section obligates us to take measures to update the Site for security, legal, or other reasons.
5. Third Party Links
The Site may contain links to third party websites that are not owned or controlled by Miyales. Miyales has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Miyales will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Miyales from any and all liability arising from your use of any third-party website.
6. Your Conduct While Using The Site
When accessing or using our Site, you are solely responsible for your actions and you agree to abide by the following rules of conduct:
- You will not copy, distribute or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping;”
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
- You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract or export data collected through the Site;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You agree not to use the Site to stalk, harass, bully or harm another individual;
- You agree that you will not hold Miyales responsible for your use of the Site;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to Miyales;
- You agree not to interfere with or disrupt the Site;
- You agree to not violate any applicable local, national, or European laws while using the Site;
- You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Site, but Miyales reserves the right to suspend or terminate your access at any time without notice or explanation.
7. User Content
A user’s ability to submit or transmit any information through the Site, including but not limited to text, information, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Site is owned by you. When you submit any User Content to us, you grant Miyales, its partners, affiliates, users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse, all or any part of your User Content, subject to your rights under applicable data protection laws and our Privacy Policy. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Site may be modified, edited, or removed at our discretion. Miyales does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
8. Limitation of Liability; Representations and Warranties
Use of this site, including any Miyales content, is at your exclusive risk, and the risk of injury from the foregoing rests exclusively with you. The site and any Miyales content are provided "as is", "as available", "with all faults", and without warranties of any kind, either express or implied, including, but not limited to, any warranties of satisfactory quality, non-infringement, or fitness for a particular purpose.
Specifically, Miyales does not make any warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, or suitability of any Miyales content. Miyales does not warrant that the site and any Miyales content will be: (1) uninterrupted or error-free; (2) free from defects or errors; or (3) free from viruses or other harmful components.
To the maximum extent permitted by applicable European and national laws, we (including our officers, directors, agents, affiliates, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, reputation, or other intangible losses, or any special, direct, indirect, or consequential damages) resulting directly or indirectly from your use of the site, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Miyales has been advised of the possibility of such damages.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In the event that your jurisdiction does not allow us to exclude all liability, you agree that our total liability to you will not exceed the total purchase price paid by you for the specific product(s) giving rise to the claim, or €100 EUR, whichever is greater.
Specifically, and in accordance with applicable consumer protection laws, nothing in these Terms shall exclude or limit our liability for:
(a) death or personal injury caused by Miyales’s negligence or that of any of its officers, employees, or agents;
(b) fraud or fraudulent misrepresentation;
(c) gross negligence or intentional misconduct; or
(d) any other liability which it is unlawful to exclude or limit under applicable laws.
9. Indemnification
You agree to indemnify, defend and hold harmless Miyales, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
10. Choice of Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of law provisions. However, if you are a consumer residing in the European Union or United Kingdom, this choice of law will not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law of your country of residence.
11. Dispute Resolution
Any dispute arising out of or relating to these Terms of Service or your purchase shall first be resolved amicably through our customer support team. If you are a consumer residing in the European Union, you also have the right to submit complaints to the European Commission’s Online Dispute Resolution (ODR) platform, which can be accessed at: .
12. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
13. No Waiver
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
14. Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications, and proposals.
15. Termination and Survival
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.
16. Age
All users who access the Site must be 18 years of age or older.
17. Shipping
We strive to deliver purchased goods within 19 days of an order’s processing. For more information concerning our Shipping Policy, click here.
18. Refunds
We want to make our customers happy. All Miyales purchases may be returned for any reason return within 30 days of date of purchase (from date of receipt). To see our Refund Policy, click here.
19. Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Miyales reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
20. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site.
21. Electronic Communications
The communications between you and Miyales use electronic means, whether you visit the Site or send Miyales e-mails, or whether Miyales posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Miyales in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Miyales provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
22. Company Information
Company Name: Shanghai Yunshanshi Information Technology Co., Ltd.
Registered Address: Room 201, 2nd Floor, Building 2, No. 918 Chengfeng Road, Chuansha New Town, Pudong New Area, Shanghai, China
Email: contact@miyales.com
Phone: +86 13761773965
