TERMS AND CONDITIONS.

These Terms and Conditions of Sale shall apply when buying online items or products “PRODUCTS” from www.miausa.gy Please read this agreement carefully. These Terms and Conditions of Sale shall be read in conjunction with the “Terms of Use” and “Privacy Policy”. If you do not agree to these, then you may not use the Site.

You are therefore permitted to use the Site solely based on the terms and conditions of the foregoing documents. We reserve the right, at our discretion, to update and/or revise any of these documents. Please check periodically for changes.

If you have any questions relating to the document(s) please contact MIAUSA Guyana. at 592-688-4265 or info@miausa.gy.

Registration

You must (i) be 18 years or over and (ii) complete the registration procedure to purchase MIAUSA products online.

By registering for this service, you agree that the information provided by you on registration, or at any time, is accurate and complete.

Your email address and other information is necessary for us to be able to supply you with order confirmations, promotional material, and changes to the service. By registering you accept that your email address may be used to supply you with such information.

Your Personal Details

You will need to enter certain details during the “checkout” process.

You will be asked to enter information such as your name, address, and telephone number. You are responsible for ensuring that all the information you provide to us is true and accurate.

Where applicable, to ensure that your credit card is not being used online without your consent and to verify that you are over 18 years of age we carry out certain identity, credit, and fraud checks, including validating the name, address and other personal information which you provide to us during our registration and “checkout” process. We will use certain third-party databases to do so. We reserve the right to change our checks from time to time. We reserve the sole right to reject or cancel an order at our discretion at any time if we consider that our checks have not been satisfied in full.

We have set out full details in our Privacy Policy informing you of what personal details we collect from you and how we look after and use them.

You are responsible for keeping confidential your username, password, and any other information relevant to your access to our Sites.

Availability of Site

Although MIAUSA.GY aims to offer you the best service possible, MIAUSA Gy. makes no promise that the services at the Site will meet your requirements. MIAUSA Store cannot guarantee that the service will be fault free. If a fault occurs in the service, you should report it to the Customer Service.

Placing Orders

You place an order on the Site by adding items (products) to your cart, providing all required information and submitting your order by checking out. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted or processed and that any product’s price or availability is confirmed.

We may contact you to say that we do not accept your order. The reason for the non-acceptance of your order may include, but are not limited to, the items being unavailable; our inability to authorize your payment; your inability to buy the Items from us; our inability to sell Items to you; there being a mistake on the pricing or description of the Item; illegal or suspicious activity, vague delivery address, natural disasters, potential threats to us and our servants and/ or agents. If an order has not been accepted where payment has already been made, we will refund you the full cost of the transaction.

We reserve the right at any time after the receipt of your order, to supply less than the quantity you ordered, based on the quantity of Items that are available at the time of placing the order. Such reduction in quantity shall be communicated to you. If payment has already been made, we will refund you the full cost of the item or items not supplied to you.

We will only accept your order when we email you to confirm this, at which point a legally binding contract based on these Terms and Conditions of Sale will be in place between you and us.

After an order has been accepted by us, you may not without our written consent and payment to us of all charges, expenses, commissions, and costs owed to or incurred by us, make changes to the quantities or specifications of items, or cancel any whole or part of any order.

Whenever you place an order, we’ll do our very best to provide all the items that you’ve ordered.  Sometimes, one or more of your items may not be available when we pick your order, because the item has gone out of stock, for example. If you’ve chosen to allow substitutions, we will offer you a suitable alternative. We choose substitutes very carefully and offer what we believe is the most appropriate alternative to the product you’ve ordered.

You may cancel an order if the order has not yet been confirmed by us and will receive a full refund without any charges.

Price and Payment

The price of product is estimated and is stated on the checkout page and is inclusive of all applicable taxes, which shall be shown separately on the checkout page. Payment of the price and all applicable taxes and fees thereon, shall be made by you on checkout.

At this time, you may pay by debit card, credit card or cash upon the delivery/collection of your order. If you would like to pay online, then please contact us.

The price of the Products is representative of the cost to you of the products inclusive of taxes and fees thereon, including any associated fee, if applicable. Please note that the price does not include any fee for installation or service of products, and we are not responsible for any such installation or service of the Products.

Product Information

The product information contained on the Site has been published in good faith and we will do our best to ensure that it is accurate. However, occasionally, it may be incorrect, incomplete, or out of date due to human error or circumstances beyond our control. As a result, 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. We apologize for any inconvenience. Where information is incorrect due to an error or circumstances beyond our control, we reserve the right not to accept your order for the affected Products, or if your order has already been accepted, not to supply the affected products to you. We will notify you if this is the case and will not charge you for the products.

Colors and appearances of Items on computer, tablet or mobile device screens may vary slightly and may not accurately reflect actual products delivered. Product specifications may change from time to time which means that, if the specification has changed in the meantime, the information displayed on the Site when you place an order may not reflect the Items you receive.

Curbside Pickup of Goods

The curbside pickup time frames specified by us may be delayed if incorrect information is given or due to any force majeure or security risk such as but not limited to poor infrastructure, flooding, hurricanes, delivery through crime “hot-spots” or delivery to unsafe areas deemed by us or the carrier. In such cases this will either delay your order curbside pickup time or may result in your order being cancelled us. In either case, we will refund any payment which you have already made for the Items. You agree that we will not be responsible or held liable for such delays in delivery/curbside pickup or cancellation.

We may request that the person taking collection of your order provides us with identification to help us confirm they have your authorization to accept the order. This may include asking to see an item of your photographic identification (such as a passport or driving license) and/or the bank card which was used to make payment.

For reasons of security and food safety, we will not leave your order unattended at your address. We will not be responsible for any losses you may incur as a result, for example, contamination as the result of any change in temperature in respect of items which need to be kept chilled or frozen.

Inspection and acceptance

Upon collection you shall inspect the Items for defects and non-conformance. Any claim that the Items are not in accordance with the specifications shall be reported to us immediately. Failure to notify us of any defects in Items within one (1) business day after delivery will constitute conclusive proof that the Items delivered were received without defect or damage which would be apparent upon a reasonable examination of the Items and irrevocably accepted by you. After such acceptance, you shall have no right to reject the Items for any reason or revoke acceptance, save for any such right you may have under the “Returns” section below or at law.

Title and Risk

Risk of loss or damage to the products shall pass to you upon tender of the products to you at delivery. Notwithstanding collection or delivery and the passing of risk in the Products, property in the products shall not pass to you until we have received payment in full of the price of the Products in cash or cleared funds.

Returns

If whilst inspecting the products at the time of collection, you identify any Products which are beyond their expiry date, damaged or defective, you may return those Products and the relevant payment method used to make the purchase shall be refunded accordingly.

Notwithstanding any other clause herein, we reserve the right to reject the return of certain products on health and hygiene grounds, especially where it is evident that these Products were opened or their seals broken or tampered with or where any products were damaged, destroyed, or defaced by you or a third party.

Any refund due will be credited to the card used to make the payment within 3-5 working days. Thereafter, the refunds usually take up to 3-5 working days to reach your account.

Where applicable, you may rely on the manufacturer’s warranties with respect to certain Products, to the extent that it is legally possible for us to pass such warranties to you. We warrant to you that the Products sold by us will correspond where applicable with the manufacturer’s specifications in the manufacturer’s warranty book provided with the Products and will be free from defects in material and/ or workmanship as and from the date of delivery and for such period stated in the said warranty book, the Sites or communicated in writing by us (“the warranty period”), provided always the warranty will not extend to cover defects arising from the failure by you to operate the Item (product) under normal and proper conditions and the manufacturer’s recommendations.

Products which are accepted by us as defective in material or workmanship, if returned to us within the warranty period stated in the warranty period, shall in our sole discretion be either repaired by us or replaced by us. Your sole remedy shall be to return the Products to us or our authorized dealer for repair or replacement.

Returns where an incorrect item is provided

You must adequately inspect the Items upon collection. However, if you receive an item that is not what you ordered, we must be notified within one (1) business day. We will not be responsible for any claims made after one (1) business day after the products have been provided.

Pictures may be required to authenticate your claim that the incorrect item was provided. If we accept that an incorrect item was provided, we will request that you bring the incorrect item in to us immediately. Upon receipt of the incorrect item, we will inspect the item is in new, uninstalled and in resalable condition with the original factory packaging and if so, we will at your option replace the item with the correct item (if we have such item in stock) or refund you the cost of the item.

If you elect to be refunded, we have the right to refund money the same way it has been received.

User Transactions

If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your delivery information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Sites does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable laws regarding the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Sites, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

We or our agents may call or text to communicate with you regarding your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

Rules for Promotions

Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms & Conditions of Sale.

Links to Third-Parties’ Websites

The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers’ sites. We are not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Sites to communicate with any such website or otherwise visiting any such website, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Sites do not constitute an endorsement by us of such third-party sites. Other sites may link to the Sites with or without our authorization, and we may block any links to or from the Sites. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

Disclaimers of Warranties

We cannot and do not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES (COLLECTIVELY, THE “SITES CONTENTS”) ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITES CONTENTS, OR THAT EMAILS SENT FROM US ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITES AND THE SITES CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR OUR EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITES, ANY CONTENT ON THE SITES, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

Indemnification & Defense

As a condition of the use of the Site, you agree to defend, indemnify and hold harmless us and our respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions of Sale.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of The Co‑operative Republic of Guyana without giving effect to any principles of conflicts of laws. The customer consents to the Jurisdiction of The Co‑operative Republic of Guyana for purposes of any suit, action or preceding arising out of any sale.

Dispute Resolution

Both you and we agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Both you and we agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any claim against the other party.

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute then either party may initiate litigation in the Supreme Court of Judicature of The Co‑operative Republic of Guyana to resolve the dispute.

Severability

If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

PRIVACY POLICY.

WHAT DO WE DO WITH YOUR INFORMATION?When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address, and email address. If you are using curbside, we also collect car type, color, and registration number. We also store the products in your cart so we can process your order. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products, and other updates.

CONSENT

How do you get my consent?When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at info@miausa.gy

DISCLOSUREWe may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

THIRD-PARTY SERVICESIn general, the third-party providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the way your personal information will be handled by these providers.

Remember that certain providers may be in or have facilities that are located a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

LINKSWhen you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECURITYTo protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

COOKIESHere is a list of some of the cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not. _session_id, unique token, sessional, Allows Massy Stores to store information about your session (referrer, landing page, etc).

_Massy_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visit _cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart._secure_session_id, unique token, sessional

AGE OF CONSENTBy using this site, you represent 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 site.

QUESTIONS AND CONTACT INFORMATIONIf you would like to: access, correct, amend, or delete any personal information we have about you, register a complaint, or simply want more information to contact info@miausa.gy  by mail at MIAUSA Store.