Dear valued customer,
Thank you for visiting our website - https://melzu.com (hereinafter – “Website”). Please read these Terms of Services (hereinafter – “Terms”) before using the Website, using any of its features or placing any purchase requests. These terms govern your use of the Website and will form a legally binding agreement between You (hereinafter – “User” or “You”) and the operator of the Website whenever you’ll be buying anything on the Website.
If You have not read and/or understood the provisions of these Terms, we recommend that you stop using the Website and refrain from making any purchases via the Website.
1. GENERAL INFORMATION
1.1. The Website and the brand name “melzu” are used and operated by a business entity UAB Ekomlita (hereinafter - “Us”, “Seller” or “Melzu”), which is a limited liability company incorporated under the laws of Lithuania (company reg. No. 305049890) with a registered office address at Gedimino 45 - 7, Kaunas, Lithuania. Whenever you will be using the Website or buying anything on the Website you will be entering into a contractual relationship between Us and You and this contractual relationship shall be bound and determined by these Terms and the applicable laws.
1.2. Please be noted that all purchases that You will make on the Website will be sent to You from one of our fulfilment centres, which address will not match our office address. If you want to return a product – please do not send it to our office address as we will not be able to accept it. All returns should be sent to our fulfilment centre – for more detailed information about returns please see Our Return Policy.
1.3. In order to make any purchase on the Website you must meet the following minimal requirements:
(a) You have read these Terms and agree to be bound by them;
(b) You are of legal age to enter into a remote contract, as required by Your local laws;
(c) You are using the Website for your own personal interest.
1.4. If You have read these Terms but do not fully understand the provisions set out herein please contact our customer support team and refrain from buying anything on the Website until you fully understand all the terms and conditions.
1.5. Please be noted that our products are manufactured and will be delivered to you from China. Thus depending on the laws applicable in the country of your residence, your purchased products might be subject to import duties, sales or VAT tax, and/or other taxes.
2. WHAT WE SELL
2.1. The Website is dedicated to selling heat penetrating patches sold under a brand name “melzu”. From time to time we might also offer you other products on the Website (all products sold on the Website shall be collectively referred to as “Goods”).
2.2. All Melzu Goods are manufactured by Anhui Miao De Tang Pharmaceutical Co., Ltd., address: Tianqiao Development Zone, Linquan County, Fuyang City, Anhui Province, People Republic of China. The manufacturer's representative for all questions related to manufacturing, registration, listing, notification, safety research etc. is SUNGO Europe B.V., address Olympisch Stadion 24, 1076DE Amsterdam, Netherlands (email: [email protected]; phone no. for EU: +31 (0) 202 111106, phone No. for US: +1 855 957 7779)
2.3. The Goods that we sell on the Website are not designed or intended to be used by children. Please do not give or use any Goods purchased from us with minors.
2.4. Please be noted that our Goods are not designed and are not suitable for industrial or commercial use. We sell our Goods for personal use only.
2.5. Melzu Patch specifications sheet and most important usage information are as follows:
|Length||10 cm / 3.94 inch|
|Height||7 cm / 2.76 inch|
|Herbal Infusion Ingredients||
|Might alleviate pain caused by:||
|Effective (lasts) up to:||24 hours.|
|How many patches in the pack?||10|
|Instructions of Use|
|Where to apply?||
Apply the patches on the parts of the body where you feel tension, soreness or pain.
Do not apply to erogenous zones.
|How long should the patch stay on?||The patch can stay on up to 24 hours, however we do not recommend using the patch for longer than 8 hours. You should feel the results within 20-30 minutes after applying.|
|How many times can you use the patch?||Use the patch only ones. After using the patch, dispose of it safely.|
|Storing conditions||Store in a cool, dry place, away from the reach of children.|
#NOTICE: the statements on the effectiveness of Melzu products have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease. The conclusions about possible effects of the Melzu heating patches are based on the general information known about the active ingredients used in the patches and informal experiences of the people that tried using the patches.
3. PRICING, PAYMENTS AND CHARGES
3.1. The final price, inclusive of all taxes and fees, for the Goods shall be displayed on the check-out page, which will be displayed for you when you wish to finalize the purchase.
3.2. Prices for Goods sold on the Website might be subject to change. We reserve the right to modify or discontinue further sales of any products. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the sale of products.
3.3. Please be noted that we will never apply any conversion rates or charges dependable to your chosen payment method. However, some banks apply conversion rates for outgoing payments and international transfers – thus, we are not responsible for any bank fees or conversion rates that your bank would apply for any payment made to Us. If you notice any differences between the product prices on Our Website or purchase receipt and Your bank account statement, please refer to your bank for detailed explanation of the additional charges.
3.4. We accept payments by credit card, PayPal and other electronic payments only. We will not accept checks, cash or other means for payment, except if ‘cash on delivery’ service would be available in your country (if ‘cash on delivery’ is available at your country, you will be informed about such option on the check-out page).
4. SUBSCRIPTION OF MELZU PRODUCTS
4.1. You are welcome to subscribe for a monthly delivery of your selected Melzu products. This option will be offered to you on the check-out order page of the Website.
4.2. If you choose to subscribe Melzu products monthly, You will be billed in advance on a recurring and monthly basis. Subscriptions are paid one month in advance.
4.3. We will send You your subscribed products every month starting from the day you subscribed.
4.4. If you wish to stop or cancel your subscription simply fill out a contact form here by filling an online contact form at: https://melzu.com/contact.
4.5. If you cancel your subscription we will stop sending you the products within the following month after we have received your cancelation request, or, if you provide us your cancelation request before we have delivered you your monthly refill of Melzu products, we will cancel the delivery immediately and will not charge you with that month’s subscription fees.
4.6. Once we receive your request to cancel your subscription we will process it within 5 business days and will stop charging your credit card (or other payment method that you have opted for). You will not receive a refund for the fees You already paid for the previous months of your subscription during which you have received your monthly order of Melzu products. If You wish to return Melzu products and get a refund for the returned items please see our Returns & Refunds policy on Section 7 of these Terms below.
5.1. Once you have placed your order on the Website and made the payment, we will process your order within 1-3 business days. After your order is processed you should receive the shipment within 20 calendar days if shipping will not be affected by natural occurrences. If you don’t receive your shipment within 20 days please contact our customer support.
5.2. Please be noted that:
(a) Once your order is processed and ready for shipment, we won't be able to accept any changes to your order or cancel the order. If you change your mind, you can return unused products as specified in Section 5 (“Returns & Refunds”) below;
(c) due to the COVID-19 pandemic the logistics network might be disrupted in various countries, thus the delivery times might be longer than specified on the Website or in these Terms;
(b) the shipping terms may also be affected by customs, natural occurrences, transfers to the local carrier in your country or air and ground transportation strikes or delays. We will be not responsible for delays if the shipment will be delayed due to the aforementioned reasons.
5.3. All products purchased on our Website will be delivered to You by EMS, DHL or other similar couriers. After we finish processing your order we will send you confirmation letter containing your shipment tracking number. You can track your order online anytime by visiting https://www.stone3pl.com/index.php?route=services/track or https://www.17track.net/.
6. RETURNS & REFUNDS
6.1. Within 30 days from receiving, you can return a product and receive a refund, exchange or store credit for future purchases, if you have received a product which is either:
(a) damaged or contaminated package;
(b) defected or otherwise bad; or
(c) substantially different from what you have ordered (incorrect item).
6.2. If you have received a defective item which fits the description above (Clause 6.1) please contact our customer support by filling a contact form on the Website (https://melzu.com/contact) as soon as you can, but not later than within 30 days from receiving the defected item. Our customer support might ask you to provide the following information (please be ready to provide it before contacting the customer support):
(c) Picture(s) of Product and/or concern
(e) Your shipping address & phone number
(d) Shipping receipt or invoice
6.3. After you provide the information requested by the customer support, we will provide you with returning shipments address and/or other details. Once your returned item is received, we will inspect it and process your refund within 14 (fourteen) days.
6.4. We might refuse to issue a refund, if:
(a) the returned product was used more than necessary to identify a defect (for example, if half of the product was used prior return);
(b) you are unable to provide the product for inspection;
(c) we have sufficient evidence that the product was not damaged during delivery; or
(d) after close inspection we have not found the defects that you have specified.
6.5. Please be noted that we will only accept returned products and make refund for them if they will be returned to the address provided by Our customer support and will have the return merchandise authorisation code placed on the returning shipment. Please do not send any returning products to our office address as we won’t be able to accept them.
6.6. Since Melzu products are perishable and sensitive to storage conditions, normally we do not accept returns, except for defective or damaged products. However, if you are unsatisfied with your purchased products for subjective reasons (such as didn’t like it), please contact our customer support by filling a contact form on the Website:https://melzu.com/contact and we will do our best to improve, find a solution and/or resolve any issues that you might have. We always put our best efforts into finding solutions that would be most favourable to our customers.
6.7. Please be noted that we will apply a restocking fee for all returned goods, which will be deducted from the total amount of the refund. The restocking fee will be equal to 15% of the total value of the returned goods.
6.8. Please be noted that we will only accept un-defected returning Goods if it was not used, damaged and sent back to us in the original package. If we determine that the returned products were used but still in re-sellable condition, we might still make a refund to you, but You will be liable for any diminished value of the Goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
6.9. Please be noted that if You want to return Goods bought on the Website You will have to cover the shipping costs which will not be compensated by Us.
6.10. If you do not collect your purchased Goods from the carrier or customs and such Goods are returned to Us, we will make you a refund, but we will deduct 15% restocking fee, USD/EUR 10 per one shipment, and diminished value amount (if any) from the returnable amount.
7. PERSONAL DATA AND CONTACTING
7.1. We take necessary precautions and follow industry best practices as well as all requirements set by applicable laws to protect Your personal information from being inappropriately lost, misused, accessed, disclosed, altered or destroyed.
7.3. Please be noted that we may contact you via phone or email if we need to confirm any details of your order or if your order request was not processed successfully due to technical matters. If your order was not successful due to payment processing errors we might send you a text message or email with a reminder to carry out necessary actions.
8. RULES OF CONDUCT
8.1. Please be noted that our Goods are sold for personal use only. By agreeing with these Terms you confirm that you will only buy our Goods for personal use.
8.2. You may not use our Goods for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws. All contents of the Website and the contents of all materials received from us (including graphic designs and other contents) and the relevant parts of the Website belong to the ownership of Melzu and are protected by the copyright laws. Any use of any copyrights for purposes other than personal use, without our license, constitutes a breach of copyright.
8.3. We have the right, but not obligation, to investigate any illegal and/or unauthorized use of the Website and take appropriate legal action, including without limitation, civil, and injunctive relief if we have a reason to believe that you are violating these Terms or applicable laws. While using the Website, you must:
(a) Not use the Website or any of its contents for any illegal purpose, or in violation of any local, state, national, or international law;
(b) Not violate or encourage others to violate the rights of third parties, including intellectual property rights;
(c) Comply with all policies posted on the Website;
(d) Not transfer, legally or factually, your registered account to another person without our written consent;
(e). Provide honest and accurate information to us;
(f). Not use the Website or any of its contents for any commercial purpose, including distribution of any advertising or solicitation;
(g). Not reformat, format, or mirror any portion of any web page of the Website;
(h). Not create any links or redirections to the Website through other websites or emails, without prior written consent given by us;
(i). Not make any attempts to interfere with the proper functioning of the Website or the use and enjoyment of the Website by other users;
(j). Not commercially resell, redistribute or transfer any Products that you buy from us;
(k). Not interfere in any way with security-related features of the Website;
(l). Not access, monitor or copy any content or information of the Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
(m). Not claim false affiliations, access the accounts of other users without permission, or falsify your identity or any information about you, including age or date of birth;
(n). Not perform any other activity or action which would be incompliant with these Terms or applicable laws.
8.4. You acknowledge that the Website does not have to be accessible at all times, especially during the necessary hardware and software maintenance periods.
9. NO WARRANTIES
9.1. Please be noted that all Goods are sold “as is” and we provide no warranties regarding suitability for your personal needs or preferences. We provide no warranties or claims with regards to the properties of Goods and we do not claim that the Goods will be suitable to treat, diagnose, mitigate or have any other effect for specific conditions or disease.
9.2. We are not a medical organization and we cannot give you any medical advice or assistance. Nothing on the Website should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance, or used, referred to instead of seeking appropriate medical advice or assistance from health care providers. You are solely responsible for evaluating and assessing your own health and dietary needs.
9.3. If you have specific allergies or health conditions that might be affecting your body's reaction to the ingredients that are in Melzu patches, you should consult your physician before purchasing any Goods on the Website.
9.4. Our Goods are intended to be used as part of a healthy lifestyle and may supplement a balanced lifestyle. However, we do not claim that our products are a replacement for a healthy and conscious lifestyle.
9.5. EACH PERSON'S BODY MAY REACT TO MELZU PRODUCTS DIFFERENTLY THUS WE DO NOT PROVIDE ANY WARRANTIES THAT OUR PRODUCTS WILL BE SUITABLE FOR YOU SPECIFICALLY AND THAT YOUR BODY WILL TOLERATE IT WELL.
10.1. The Website may provide links to other websites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us or our subsidiary companies. When you access third-party sites, you do so at your own risk.
10.2. We honour the privacy of our customers, thus all testimonials and/or comments displayed on the Website might have fictional names and associative pictures. The identity of the consumers is known to us, but we will never display our users’ true names except when a user gives its express consent to display his/her name and/or image.
10.3. Unless otherwise indicated, this Website is our property and all source code, databases, functionality, software, designs, text, photographs, and graphics on the website are owned or controlled by us and are protected by copyright and trademark laws. It is forbidden to copy or use any of the website's contents without prior written approval by us.
10.4. Melzu patches or any of the claims listed in its web material have not been evaluated by the FDA. The aforementioned products are not intended to diagnose, treat, cure, or prevent any specific disease or condition. If you have a health concern or a pre-existing condition, please consult a physician or an appropriate specialist before using Melzu patches. Melzu IS NOT intended to replace or to supersede any of your doctor’s advice or prescriptions.
10.5. THE PRODUCTS OFFERED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10.6. THE PRODUCTS SOLD ON OUR WEBSITE ARE DESIGNED FOR PERSONAL USE ONLY. WE DO NOT CLAIM THAT ANY OF OUR PRODUCTS WILL BE SUITABLE FOR PROFESSIONAL, INDUSTRIAL, OR COMMERCIAL USE.
10.7. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD-PARTIES, SUBSCRIBERS, MEMBERS, OR OTHER USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.
10.8. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THE WEBSITE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE WEBSITE OR THIRD-PARTY WEBSITES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE.
10.9. Any information provided on the Website is for commercial and recreational purposes only and may not be used as health advice. The Website should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume all risk for your use of information provided on the Website.
10.10. We made every effort to display as accurately as possible the colors and images of all materials that appear on the Website. However, we cannot guarantee that your computer monitor's display of any color will be accurate as well as that any display of any product or service on the Website will accurately reflect the actual properties of the product or service that You can find on the Website.
11.1. You agree to indemnify, defend and hold us and our affiliates, and respective officers, directors, owners, agents, information providers, and licensors harmless from and against all claims, liability, losses, damages, costs, and expenses (including attorneys' fees) in connection with:
(a) Your use of, or connection to, Our Website;
(b) Any use or alleged use of Your account or Your account password by any person, whether or not authorized by You;
(c) The content of information submitted by You to Us;
(d) Your violation of the rights of any other person or entity;
(e) Your violation of any applicable laws, rules, or regulations.
11.2. We reserve the right, at our own expense, to assume defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with us in defence of such claim.
12. LIMITATION OF LIABILITY
12.1. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY APPLY TO YOU IN LESSER EXTENT. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.
12.2. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, health issues, sickness, physical problems, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. In no case shall we be liable for any recommendations, health claims, statements, or any other advice or information provided on the website or any other forms of communication. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
12.3. If You are dissatisfied with the Website, any materials, products, or services displayed on the Website, or with any of the Website’s terms and conditions, your sole and exclusive remedy is to discontinue using the Website.
13. INTELLECTUAL PROPERTY
13.1. With regards to these Terms, intellectual property rights mean such rights as trademarks, copyright, domain names, database rights, design rights, patents, and all other intellectual property rights of any kind whether or not they are registered ("Intellectual Property").
13.2. All Intellectual Property displayed on the Website or provided to You in any other form are protected by law. You may not copy, repurpose, or distribute any Intellectual Property or any other content received from us or found on the Website, including Product descriptions, for any purpose, without our express written permission. For example, you may not copy Product information onto any other website or app. Without limiting the foregoing, the use of our content for commercial purposes is forbidden unless you have our express written permission.
13.3. All Intellectual Property displayed on the Website or provided to you in any other form belong to us, except third-party trademarks, service marks, or other materials, which are used by us. None of such Intellectual Property may be used without the prior written consent of Us or the third party to whom such Intellectual Property belongs.
14. GOVERNING LAW AND DISPUTES
14.1. These Terms and the entire legal relation between you and us shall be subject to the law of the Republic of Lithuania, except when consumer laws would set a specific applicable law or jurisdiction.
14.2. If the You would have any complaints please contact our support team before making an official complaint to any authority or third party. You may contact Us at any time by filling an online contact form on the Website: https://melzu.com/contact. We will always put our best efforts to settle any complaints as fast as possible and in a way which would be most favorable to You.
15.1. If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.
15.2. You can review the most current version of the terms of service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our website.
16. CONTACT INFORMATION
16.1. You can contact us by following details:
Contact form - https://melzu.com/contact
Phone - +1 (205) 782-8713