Terms of Service


Mandala Sol  Building a better world

1. OVERVIEW

1.1          This website – https://www.mandala-sol.com (the “Online Store”) and the related services offered by Mandala Sol, LLC is being made available to you. The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting, using or purchasing items from the Online Store. The terms “Mandala Sol,” “mandala-sol.com,” “we,” “us,” and “our” refer to Mandala Sol, LLC, its affiliates and subsidiaries.

1.2          Please read these Terms of Service carefully before accessing or using the Online Store. Entering the Online Store or using our other services will constitute your acceptance of these Terms of Service. By accessing or using any part of the Online Store or services, you agree to be bound by these Terms of Service. Any new features or tools which are added to the Online Store shall also be subject to the Terms of Service. If you do not agree to all the Terms of Service 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.

1.3          We reserve the right to change the nature of this relationship at any time and to revise these Terms of Service from time to time. As such, you should check these Terms of Service regularly. If you violate any of the terms of these Terms of Service you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Online Store. Accessing, viewing, browsing and/or using the Online Store after we post changes to these Terms of Service constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms of Service were last updated.

1.4          A breach or violation of any of the Terms will result in an immediate termination of your right to use the Online Services and services we offer.

2. PRIVACY

2.1          Please review our Privacy Policy, which also governs your visit to the Online Store. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Service, the Terms of Service shall govern.

3. PERSONAL INFORMATION

3.1          Your submission of personal information through the store is governed by our Privacy Policy.

4. ONLINE STORE ACCESS

4.1          You may not download (other than page caching) or modify the Online Store or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Online Store or its Content; any collection and use of any goods or services listings, descriptions, or prices; any derivative use or making adaptations of the Online Store or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Online Store or any portion of the Online Store may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mandala Sol or its Associates without our express, prior written consent. You may not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent.

5. YOUR ACCOUNT

5.1          If you use the Online Store and services, you are responsible for maintaining the confidentiality of the information you submit through your account and the corresponding password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you.

6. ACCURACY OF BILLING AND ACCOUNT INFORMATION

6.1          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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting 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.

6.2          You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

6.3          For more details, please review our Refund and Exchange Policy or Section 25 below.

7. EXPORT

7.1          The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.

7.2          For more details, please review our Shipping Policy or section 22 below.

8. PRICING AND AVAILABILITY OF GOODS AND SERVICES

8.1          Prices and availability of the goods and services on the Online Store are subject to change without notice. Errors will be corrected when discovered. Our Online Store contains a large number of goods and services and it is always possible that, despite our best efforts, some of the goods or services listed on our Online Store may be incorrectly priced.

8.2          We reserve the right at any time to modify or discontinue the Online Store (or any part or Content thereof) and any other services we offer without notice at any time.

8.3          We shall not be liable to you or to any third party for any modification, price change, suspension, discontinuance or unavailability of any goods and services we offer.

8.4          Certain goods or services may be available exclusively online through the website. These goods or services may have limited quantities and are subject to return or exchange only according to our Refund and Exchange Policy or Section 25 below.

8.5          We have made every effort to display as accurately as possible the colors and images of our goods that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

8.6          We reserve the right, but are not obligated, to limit the sales of our goods or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any goods or services that we offer. All descriptions of goods and services or pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue offering any goods or services at any time. Any offer for any goods or services made on the Online Store is void where prohibited.

8.7          We do not warrant that the quality of any goods, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Online Store will be corrected.

9. ERRORS, INACCURACIES AND OMISSIONS

9.1          Occasionally there may be information on the Online Store that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

9.2          We are not responsible if information or Content made available on the Online Store is not accurate, complete or current. The material on the Online Store is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

9.3          The Online Store may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

9.4          We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Online Store or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). However, we undertake no obligation to update, amend or clarify information on the Online Store or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Online Store or on any related website, should be taken to indicate that all information on the Online Store or on any related website has been modified or updated.

10. THIRD PARTY LINKS

10.1        Certain content, products and services available via our Service may include materials from third-parties. We are not responsible for the content of any sites that may be linked to or from the Online Store or any bulletin board associated with us or the Online Store. These links are provided for your convenience only and you access them at your own risk.

10.2        Unless otherwise noted, any other website accessed from the Online Store are independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website.

10.3        Third party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third-parties.

10.4        We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

10.5        In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.

11. OPTIONAL TOOLS

11.1        We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

11.2        You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

11.3        Any use by you of optional tools offered through our website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

11.4        We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

12. COPYRIGHTS

12.1        You acknowledge that the Online Store contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws, your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

12.2        Nothing contained on the Online Store should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Online Store or any information displayed on the Online Store, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Online Store.

13. INTELLECTUAL PROPERTY INFRINGEMENT

13.1        We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, "Associates") who supply some of the goods and services advertised on the Online Store and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Online Store, or items advertised on the Online Store, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Online Store, or items advertised on the Online Store, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Online Store. In order for us to investigate your claim of infringement, you must provide us with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you believe has been infringed;
  3. A description of where the material that you claim is infringing is located or identified on the Online Store;
  4. Your name, address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.

The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement. Our claims agent can be contacted at customerservice@mandala-sol.com.

14. TRADEMARKS

14.1        Mandala Sol and other marks which may or may not be designated on the Online Store by a “™” “®” “SM” or other similar designation, are registered, pending or unregistered trademarks or service marks of Mandala Sol, in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Mandala Sol. Mandala Sol's trademarks and trade dress may not be used in connection with any product or service that is not Mandala Sol's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mandala Sol.

14.2 Any product names, logos, brands, and other trademarks or images featured or referred to within the Mandala Sol website (Mandala-Sol.com) and/or on any social media forum are the property of their respective trademark holders. All other trademarks not owned by us that appear on the Online Store are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mandala Sol.

15. DISCLAIMERS AND LIMITATIONS OF LIABILITY

15.1        The Online Store and other services are provided on an "AS IS," "as available" basis. Neither Mandala Sol, nor its Associates warrant that use of the Online Store or services will be uninterrupted or error-free. Neither Mandala Sol, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Online Store or the products or services offered for sale on the Online Store. Further, Mandala Sol makes no representation that Content provided on the Online Store is applicable or appropriate for use in locations outside of the United States. Mandala Sol specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by Mandala Sol or its Associates shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Online Store is at your sole risk.

15.2        Under no circumstances shall Mandala Sol or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Online Store, including but not limited to reliance by a user on any information obtained at the Online Store, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Mandala Sol’s records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of Mandala Sol has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, goods, merchandise and services available through the Online Store. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

15.3        Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Online Store, please refer to the manufacturer or Associates for details.

15.4        The goods and services on our Online Store are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing goods and services for a commercial or business use or application.

16. ONLINE CONDUCT: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

16.1        You agree to use the Online Store only for lawful purposes.

16.2        If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

16.3        You are prohibited from posting on or transmitting through the Online Store any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Online Store. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Online Store; or (iii) to protect the rights or property of Mandala Sol, its Associates, our users and customers and/or you.

16.4        In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from (1) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (2) to collect or track the personal information of others; (3) to spam, phish, pharm, pretext, spider, crawl, or scrape; (4) for any obscene or immoral purpose; or (5) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

16.5        We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

16.6        You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

16.7        We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Online Store, Online Store users, our customers or any rights of Mandala Sol or any third party. Notwithstanding the foregoing, neither Mandala Sol nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither Mandala Sol, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Online Store.

17. INDEMNIFICATION

17.1        You agree to indemnify, defend and hold harmless Mandala Sol and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and associates, harmless from any claim or demand, including reasonable attorneys’ fees, 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.

18. TERMINATION OF USAGE

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

18.2        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 Online Store or other services, or when you cease using our Online Store or services.

18.3        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 Online Store or services (or any part thereof).

18.4        We may terminate your access or suspend your right to access to all or part of the Online Store and any other services we offer, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms of Service or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.

19. USAGE BY MINORS

19.1        By registering with this Online Store, purchasing goods or services from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (eighteen (18) years of age or older in most jurisdictions) and that any information you provide to us is not inaccurate, deceptive or misleading.

19.2        We require that all purchases be made by individuals who are not minors and who can legally enter into binding contracts (typically persons eighteen (18) years of age or older, depending on where you live.)

20. APPLICABLE LAWS

20.1        If you access the Online Store from anywhere in the United States or Canada, you agree that the laws of the State of Missouri, USA, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Mandala Sol and/or its Associates. If you access the Online Store from anywhere other than the United States, Mexico or Canada, you agree that United States of America law will govern these Terms of Service and the purchase of goods or services by you through the Online Store and that any dispute of any sort that might arise between you and Mandala Sol or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of the United States of America.

21. ONLINE STORE POLICIES, MODIFICATION & SEVERABILITY

21.1        Please review our other policies, such as our Privacy Policy, Returns Policy, Shipping Policy and others, all of which are incorporated herein by this reference and are posted on the Online Store. These policies also govern your visit to the Online Store. We reserve the right to make changes to the Online Store, policies, and these Terms of Service at any time. If any of these conditions 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 condition.

22. SHIPPING POLICY

22.1         Free carbon neutral shipping. Our mission at Mandala Sol is to provide basic affordable sustainable goods made in accordance with the principles of stewardship, sustainability, and solidarity. Our products are manufactured in countries across the globe and we provide shipping to nearly every country. See, however, United States of America Sanctions Programs and Country Information.

While the shipping industry is making tremendous strides towards sustainability, it still has a long way to go. To help aid those efforts, Mandala Sol provides carbon neutral shipping for all our products through either using delivery services that offer carbon neutral shipping or by purchasing carbon offsets from verified third party providers. A portion of all our proceeds goes toward providing this service at no additional cost to you. Please see our Sustainability page for more details. Please follow the links below to learn more about sustainable shipping initiatives:

Sustainable Shipping Initiative

The European Sustainable Shipping Forum

Green Shipping Summit

The Smart Green Shipping Alliance

22.2        The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence by shipping individual packages in the order that they are available and conditions permit.

22.3        Customs, Duties and Taxes.   The recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be fulfilled by the recipient; we have no control over these charges, nor can we predict what they may be. Mandala Sol is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.) unless the order is immediately cancelled upon notification of any additional fees after the order has been confirmed. Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.

22.4        Shipment processing time.   All orders are processed within twenty-four (24) hours. Standard shipping may take ten (10) to fifteen (15) business days. In order to provide carbon neutral shipping, express shipping is not available. In fact, we offer the complete opposite. If you order in advance and are willing to wait for up to thirty (30) business days, we will give you a ten percent (10%) discount on your entire order. Except in the case of natural disaster or other unforeseen events, if your order does not arrive until after thirty (30) days, we will refund your payment and give you a twenty-five percent (25%) discount on your next order. Please plan accordingly. If there will be a significant delay in shipment of your order, we will contact you via email or telephone. If the item has not shipped, you may cancel for a one hundred percent (100%) refund.

22.5        Shipping rates & delivery estimates.   Shipping options for your order will be displayed at checkout.

Shipment Method

Estimated Delivery Time

Shipment Cost

Express

Not Available

N/A

Standard

10-15 business days

Free

Slow Standard

Up to 30 business days

10% discount

Too Slow

Over 30 business days

100% refund and 25% discount on your next purchase

 

22.6        Shipment to P.O. boxes or APO/FPO addresses.   Mandala Sol ships to addresses within the U.S., U.S. Territories, and APO/FPO/DPO addresses.

22.7        Shipment confirmation & Order tracking.   You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within twenty-four (24) hours.

22.8        Damages.   Mandala Sol is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods before filing a claim.

22.9     International Shipping Policy.   Mandala Sol  is prohibited by law from selling or providing any goods or services to certain countries and individuals. Please follow the link below for a list of current restrictions. 

United States of America Sanctions Programs and Country Information.

 

23. RISK OF LOSS

23.1        All items purchased from Mandala Sol are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.

24. NON-US PRICING

24.1        Pricing of goods and services available for purchase by non-U.S. customers may vary by country and from our prices for our U.S. customers, owing to the inclusion of all or a portion of shipping, taxes, duties and imports factored into the price of the goods and services.

25. REFUND AND EXCHANGE POLICY

25.1        Returns and exchanges are accepted for ninety (90) days after purchase. Refunds will not be allowed past ninety (90) days from the date of purchase. Limited exchanges may be allowed depending the condition of the original item. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. To complete your return, we require a receipt or proof of purchase. Any item not in its original condition, is damaged or missing parts for reasons not due to our error may not be returned. Please do not send your purchase back to the manufacturer. There are certain situations where only partial refunds are granted (if applicable).

25.2        Refunds (if applicable).   Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If a refund is approved, the refund will be processed and a credit will automatically be applied to your credit card or original method of payment, normally within ten (10) business days.

25.3        Late or missing refunds (if applicable).   If you have not received a refund after ten (10) business days, please contact your bank or credit card company first. They may require additional time before your refund is officially posted. If after ten (10) days you still have not received your refund, please contact us at customersupport@mandala-sol.com.

25.4        Sale items (if applicable).   Only regular-priced items may be refunded. Sale items cannot be refunded.

25.5        Exchanges (if applicable).   We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at customersupport@mandala-sol.com and send your item to:

Customer Service
Mandala Sol, LLC
PO Box 432034
Maplewood, Missouri 63143
United States of America

.

25.6        Gifts.   If the item was marked as a gift when purchased and shipped directly to you, you will receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you. If the item was not marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.

25.7        Shipping Return Policy.   You are responsible for paying shipping costs for returning your item. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you may vary. If you are shipping an item over seventy-five Dollars ($75.00), you should consider using a trackable shipping service or purchasing shipping insurance. We cannot guarantee that we will receive your returned item.

To return your product, please mail your product to:

Customer Service
Mandala Sol, LLC
PO Box 432034
Maplewood, Missouri 63143
United States of America

26. DISCLAIMERS OF WARRANTY & LIMITATIONS OF LIABILITY

26.1        To all international customers only, we warrant to you that, where you make a purchase as a consumer, any goods or services purchased from us through our Online Store is of satisfactory quality and reasonably fit for all the purposes for which products or services of the kind are commonly supplied and will conform with description or sample.

26.2        Our liability for losses any international customer suffers as a result of us breaking these Terms of Service or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the goods or services you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could reasonably be contemplated by the parties at the time your order is accepted by us.

26.3        We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to:

  1. Loss of income or revenue;
  2. Loss of business;
  3. Loss of profits or contracts;
  4. Loss of anticipated savings;
  5. Loss of data; or
  6. Waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

Other than the warranties and other assurances we give you in these Terms of Service, Mandala Sol specifically disclaims all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by Mandala Sol shall create a warranty.

27. ENTIRE AGREEMENT

27.1        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.

27.2        These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Online Store or other services we offer constitutes the entire agreement and understanding between you and us and govern your use thereof, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

27.3        You agree that any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

28. DISPUTE RESOLUTION; WAIVER

28.1        If a dispute arises between the parties concerning the interpretation of this Agreement or the rights of the parties hereunder, the parties agree to first participate in alternative dispute resolution / mediation (“Mediation”) and share equally in the costs of the Mediation. If the parties reach a mutually agreeable resolution at or in connection with the Mediation, they agree to execute a fully integrated and binding written agreement setting forth the particulars and details concerning the resolution of issues, which agreement shall be enforceable by a court of competent jurisdiction.

28.2        In the event the Parties are unable to resolve the dispute in mediation it is hereby agreed that the dispute will then be exclusively settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use the AAA’s Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select the arbitrator. The place of arbitration shall be the regional office of the AAA that is in or closest to st. louis, missouri. The parties will share equally in the costs of arbitration payable to the AAA, including the arbitrator. The award of the arbitrator will be accompanied by a reasoned opinion. Judgment on an arbitration award may be entered in accordance with the Federal Arbitration Act in any federal court having jurisdiction.

28.3        You acknowledge and agree that you and mandala sol are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and mandala sol otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.

28.4        The parties to this Agreement may, notwithstanding the above, seek equitable relief in any proper court to enjoin a breach or threatened breach of any obligations under this Agreement that might cause irreparable harm (without any requirement to post bond).

29. QUESTIONS ABOUT THESE TERMS OF SERVICE

29.1        We welcome and encourage feedback, comments and suggestions for improvements to Online Store or the services we offer (“Feedback”). You may submit Feedback by emailing us at customerservice@mandala-sol.com. You agree that all Feedback will become the sole and exclusive property of Mandala Sol and you hereby irrevocably assign to Mandala Sol all of your right in and to all Feedback.

29.2        If you are a resident of California, you may request additional information or submit claims or complaints regarding the Online Store or the services we offer by calling the Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affairs at (916) 445-1254, or in writing at:

Complaint Assistance Unit
Division of Consumer Services
California Department of Consumer Affairs
1020 N. Street, #501
Sacramento, California 95834

 

29.3        If you have any questions about these Terms of Service, the practices of this Online Store, or your dealings with this Online Store, please contact us at customerservice@mandala-sol.com or by mail at:

Customer Service
Mandala Sol, LLC
PO Box 432034
Maplewood, Missouri 63143
United States of America

 

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Namaste

The Mandala Sol Team

This document was last updated on July 1, 2018.

 

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