This website is operated by Miami Breeze (“Miami Breeze,” “us,” “we,” or “our”). The following terms and conditions, INCLUDING THE “BINDING ARBITRATION; CLASS ACTION WAIVER” PROVISION CONTAINED IN SECTION 16, together with any documents, terms, or policies incorporated by reference (collectively, these “Terms of Service,” or “Terms”) govern your access to and use of www.miami-breeze.com (the “Site”) including any information, tools, functionality, and services offered to you on or through the Site. These Terms of Service apply to all users of the Site, including without limitation users who are visitors, vendors, customers, merchants, and/ or contributors of content. You may not assign or otherwise transfer any of your rights or obligations hereunder. Miami Breeze may assign this agreement, in part or in whole, in our sole discretion.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE SITE OR USE ANY SERVICES OFFERED THEREON.
Any new features or tools which are added to the Site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time by accessing this page. We reserve the right to update, change or replace any part of these Terms of Service in our sole discretion and without prior notice to you. It is your responsibility to check this page periodically for changes, as they are binding on you. Your continued use of or access to the Site following the posting of any revised Terms of Service constitutes your acceptance of and agreement to such revised Terms.
SECTION 1 – PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
In any way that violates any applicable federal, state, local, or international law or regulation.
If you are not of the age of majority in your jurisdiction. By using the Site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
To transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “spam,” or any other similar solicitation.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined in our sole discretion, may harm Miami Breeze or users of the Site, or expose them to liability.
Additionally, you agree that you shall not:
Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized by these Terms of Service, without our prior written consent.
Introduce on the Site any viruses, worms, Trojan horses, logic bombs, or other material that is malicious or technologically harmful.
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Otherwise attempt to interfere with the proper working of the Site.
SECTION 2 – INTELLECTUAL PROPERTY
We retain ownership and control of all intellectual property inherent in, associated with, or related to the Site, including, but not limited to copyrights, trademarks, trade dress, or patent rights, whether registered or unregistered, arising under Federal, State, or Common-Law, as well as confidential or commercially sensitive information, such as trade-secrets. Our intellectual property includes content on the Site, including but not limited to information, data, software, drawings, designs, photographs, illustrations, graphs, videos, typefaces, graphics, product descriptions, music, sounds and other material which are the exclusive property of Miami Breeze or our affiliates. You may not reproduce, by any means or process (except as expressly provided herein), in full or in part, distribute, publish, transmit, create derivative works based on, modify, or sell any such material contained on the Site.
The Miami Breeze trademark and all other related marks and logos, whether or not registered, arising under Federal, State, or Common-Law, as well as the domain name “miami-breeze.com ,” are and will remain the exclusive property of Miami Breeze. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of Miami Breeze is prohibited.
SECTION 3 – ONLINE PURCHASES AND TERMS OF SALE
All purchases through the Site or other transactions for the sale of goods or services formed through the Site are governed by the following Terms of Sale, which are hereby incorporated into these Terms of Service and subject to change without notice at any time in our sole discretion.
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
You agree that your order is an offer to buy, under these Terms of Sale, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of a contract of sale between Miami Breeze and you will not take place unless and until we have sent you the order confirmation e-mail.
Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail.
Terms of payment are within our sole discretion and payment must be received by us before we accept your order. By submitting payment information to the Site, you represent and warrant that (i) the account information you supply to the Site is true, correct, and complete; (ii) you are duly authorized to use such account for the purchase; (iii) charges incurred by you will be honored by your bank or credit card company, as applicable; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and shipping and handling costs.
You are responsible for the confidentiality of your account information, including your password and username. Any purchase made through your account is your responsibility. If you become aware of any unauthorized use of your account, you must promptly notify us. Any email notification sent by us to the email address provided in your account information will be considered delivered when sent. We, in our sole discretion, may cancel your account for any reason and without notice.
We have made every effort to display as accurately as possible the colors and images of the products appearing on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
All descriptions of products or product pricing are subject to change at any time without notice in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
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.
You represent and warrant that all products purchased by you from the Site are for your personal use only, and not for subsequent resale or export. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
From time to time, certain contests, promotional offers, and discounts for purchases of products or services may be made available on the Site (each, a “Promotion”). We reserve the right to modify or change the terms of any Promotion or to end a Promotion at any time without notice.
SECTION 4 – MONTHLY SUBSCRIPTIONS
The Site may provide you with the option to purchase certain products at an additional discount by setting up regularly scheduled deliveries on a monthly subscription basis.
Subscription benefits are limited to items displaying the “Monthly Subscription” offer in the custom checkout page or the product page. Subscriptions are only available to customers shipping to addresses in the United States. Some eligible items may only be available for shipping within the 48 contiguous U.S. states. Your participation in the Miami Breeze subscription program is personal to you, and may not be assigned or transferred to any third party without our authorization.
To start a subscription, simply select the monthly subscription option at checkout or on the product page, and select the quantity of products to be included in your subscription. After your first order, your subscription will create a new order for the selected products every 30 days (each, a “Renewal Date”), until you cancel. Miami Breeze reserves the right to change subscription benefits, including the discount amounts, at any time in its sole discretion. All changes will apply to future orders, including for current subscriptions. We may, in our sole discretion, terminate your subscription at any time without notice. If we do so, you will only be charged for orders that have been shipped to you.
You may skip a delivery for your subscription at least five (5) days prior to your Renewal Date by accessing the “Subscription Settings” tab in your account page on the Site and selecting “Skip Next Delivery” or by contacting Customer Service at [email protected]
The charge for each product subscription will be billed to the payment method used to create your subscription or as otherwise instructed by you. If we are unable to complete your subscription order with the payment method you used to create your subscription, you authorize us to update your subscription with another payment method in your account and to charge such payment method for your subscription order. Your subscription will remain in effect until it is cancelled. You can cancel at any time via your account page on the Site or by contacting Customer Service at [email protected]
We may, in our sole discretion, change the terms applicable to subscriptions without notice to you. Your continued participation after we change these terms constitutes your acceptance of the changes. If you do not agree to these changes, you must cancel your subscriptions.
SECTION 5 – RELIANCE ON INFORMATION POSTED
The information presented on the Site is made available for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information on this Site is at your own risk. Miami Breeze disclaims all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of the Site’s contents.
SECTION 6 – DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove all or part of the Site for indefinite periods of time, without notice to you.
You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Miami Breeze, its 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 the Site or any products procured through the Site, or for any other claim related in any way to your use of the Site 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 Site or any User Contributions (as hereinafter defined) posted, transmitted, or otherwise made available via the Site, even if advised of the possibility of such damages.
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.
SECTION 7 – OPTIONAL TOOLS
The Site may provide you with access to third-party tools which we do not monitor and over which we have no control nor input.
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.
Any use by you of optional tools offered through the Site 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).
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via the Site may include materials from third-parties.
Third-party links on the Site may direct you to third-party websites that are not affiliated with Miami Breeze. We are not responsible for examining or evaluating the content or accuracy of and do not warrant and hereby disclaim any liability or responsibility for any third-party materials or websites made available through the Site.
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.
SECTION 9 – USER CONTRIBUTIONS
The Site may host message boards, forums, contests, promotions, and other interactive features that allow users to transmit, post, submit, publish, or display to other users or persons certain content or materials on or through the Site (collectively, ”User Contributions”), such User Contributions will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant Miami Breeze and its licensees, successors, and assign a perpetual, royalty-free, worldwide, and sublicensable right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that you own or control all rights in and to your User Contributions and have the right to grant the license above to us and our licensees, successors, and assigns, and that your User Contributions 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 User Contributions will not contain libelous or otherwise unlawful, abusive, or obscene material. 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 User Contributions. You understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute and you, not Miami Breeze, have full responsibility for such content, including its legality, reliability, appropriateness and accuracy. We take no responsibility and assume no liability for any User Contributions posted on the Site by you or any other user of the Site.
SECTION 10 – MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
Monitor, edit, or remove User Contributions for any or no reason in our sole discretion
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Service, infringes any intellectual property right of any person or entity, is threatening the personal safety of the Site’s users or the public, or could expose Miami Breeze to liability.
Disclose your identity or other information about you to any third party who claims that material posted on the Site by you violates their rights, including their intellectual property rights.
Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Terminate or suspend your access to all or part of the Site for any violation of these Terms of Service.
SECTION 11 – INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Miami Breeze and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Site, including but not limited to your User Contributions, any use of the Site’s content, services, products, and tools other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Site.
SECTION 13 – WAIVER; SEVERABILITY
No waiver by Miami Breeze of any term or condition of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable for any reason, 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 of Service. Such determination shall not affect the validity and enforceability of the remaining provisions of these Terms of Service.
SECTION 14 – ENTIRE AGREEMENT
SECTION 15 – GOVERNING LAW
SECTION 16 – BINDING ARBITRATION; CLASS ACTION WAIVER
If not resolved through negotiation, any dispute between you and Miami Breeze or any of its affiliates arising under, out of, in connection with or in relation to the Site or these Terms of Service must be submitted to binding arbitration under the authority of the Federal Arbitration Act and must be determined by arbitration administered by the American Arbitration Association pursuant to its then-current commercial arbitration rules and procedures.
Any arbitration must be on an individual basis and the parties to such arbitration and the arbitrator therefore will have no authority or power to proceed with any claim as a class action or otherwise to join or consolidate any claim with any other claim or any other proceeding involving third parties. If a court determines that this limitation on joinder of or class action certification of claims is unenforceable, then this entire commitment to arbitrate will become null and void and the parties must submit all claims to a court of competent jurisdiction.
Arbitration must take place in Florida. The arbitrator must follow the law and not disregard the provisions of these Terms of Service. A judgment may be entered upon the arbitration award by any state or federal court of competent jurisdiction. The decision of the arbitrator will be final and binding on all parties to the dispute; however, the arbitrator may not under any circumstances assess punitive, exemplary, or consequential damages. The arbitrator, and not a court, shall have exclusive authority to resolve any dispute over the enforceability of all or any part of this Section. In the event that any one or more provisions of this Section shall be or become invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of this Section shall not be affected thereby.
SECTION 17 – SHIPPING INSURANCE
Miami Breeze ensures protection of customers shipment in case of lost, stolen, or damaged products.
In order to apply for Miami Breeze Insurance, you are given the option to add the insurance during check out. If you apply for Miami Breeze’s Shipping Insurance, you will be able to file a claim if necessary.
An order is considered lost if tracking never confirms package status as “delivered”
If tracking shows no movement or looks to be stuck for more than 2 weeks, then orders may be considered lost and a claim will need to be made
How many days following the last tracking update should I file my claim?
Domestic orders – 10 days
International orders – 6 weeks
Claims for orders lost in-transit must be filed no later than 60 days from the last available tracking update.
An order is considered stolen if tracking confirms package status as “delivered,” but not received
Miami Breeze asks that you wait 5 days from the day your package status was marked delivered before reaching out and filing your claim
Claims for stolen orders must be filed within 15 days from the date your package was marked delivered.
If your item arrives damaged, unusable, or in an unacceptable condition, Miami Breeze encourages customers to file a claim immediately
Please include photo reference of damaged item and packaging received
Claims for damaged orders must be filed within 15 days from the date your package was marked delivered.
SECTION 18 – FORCE MAJEURE
Except for payment obligations, any failure or delay in performance by either party shall be excused if and to the extent caused by: an Act of God (fire, flood, earthquake, storm, hurricane or other natural disaster), war or civil disorder, invasion, act of foreign enemies, hostilities, terrorism, vandalism, riots, government actions, lockout or interruption, sabotage, denial of service attacks, Internet failure, or failure of electricity of network service, or other cause beyond the reasonable control of the parties.
SECTION 19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]