Legal and Privacy Rights
privacy & security
Welcome to MelaArtisans.com. This website - Mela Artisans.com (the "website") is being made available to you free-of-charge. The terms "you", "your", "yours" and "User" refer to anyone visiting or using the website. The terms "Mela Artisans", "we", "us", and "our" refer to Mela Artisans.com, Inc. We reserve the right to change the nature of this relationship at any time.
Your privacy is important to us and this policy explains our online information practices regarding the collection of information from this website that can personally identify you and/or your company, and the choices you can make about the way your information is collected and used. If you provide us with personal information, we will treat it in accordance with this policy. We also use a technology called Secure Sockets Layer (SSL), which causes your browser to encrypt your order information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our Sites from capturing and viewing your personal information.
By providing us with your personal information you agree that we may collect and use such information in accordance with the terms and conditions of this policy. Please do not submit any information if you are less than 18 years of age unless you have the consent of your parent or guardian. If you do not agree to this policy, please do not use this website.
Information We Collect From You
We would like to point out that the data you provide to us with its various forms is used only for performing the corresponding activities. Your consent is required for orders and requests for information.
1. Active Collection
We collect certain information that you provide to us either voluntarily or as required in order to register with us. Such information may include:
- Contact information, such as name, mailing address, e-mail address and phone number.
- Shipping or transaction information, such as billing address and credit card information, if you choose to purchase goods.
- Information provided in connection with online registration.
- Demographic information, such as zip code, age and gender.
- Information you enter in forms and optional surveys or contests.
- Information provided in connection with discussions on bulletin boards, in chat rooms, and in messaging or other inter active services.
- Information provided in e-mail requests and communications.
- User IDs and Passwords. These fields uniquely identify you and help us to provide you with access to your profile areas and to protected content. They also help ensure that only a person with your e-mail address and password can access your content and order products from us. Please note that we will give access to anyone providing us with the right user ID and password and that we cannot be held liable for any damages caused by the unauthorized use thereof by third parties.
2. Passive Collection
We also collect data that is not personal. This data is used to technically optimize our offers and is not linked to your personal data.
Some information is collected automatically while you are using the website. It is important to note that we must store this information in order to ensure Users receive optimal service while using our services. This type of information may include:
a. Log Files: Log files information, such as IP addresses, browser type, domain names, number of page views, login frequency, page or section accesses. Log files are used to track usage and engagement and to gauge the effectiveness of our services. We use your IP address to help diagnose problems with our server and to administer the website.
- Authenticate User
- Help customize content delivery
- Provide context-sensitive help
- Protect website security and login time-outs
Why We Collect Information
We collect certain information to make use of our marketplace more convenient for you. For instance, we will store information you may enter such as username and passwords in order for you to be able to access secure areas of the website. We also collect information from you to provide you with information about our products and services and to provide feedback regarding questions from you.
How Mela Artisans Uses Information Collected
Personal data is all data stored in conjunction with your e-mail address. Mela Artisans will use this data only to evaluate your interests, thus optimizing the products and services offered to you. Your visits to our website are also recorded for this purpose.
- To respond to your comments or requests or to request your feedback regarding our products or services.
- For billing purposes, to facilitate transactions and to fill a user's order in connection with purchases.
- For the specific purpose for which the information was provided.
What Information is Shared with Third Parties
Mela Artisans may disclose information you provide to us to a third party for credit card processing and shipping. However, we will only share such personally identifiable information, as we deem necessary for them to carry out their obligations. We may also share aggregated demographic information with independent contractors, service providers, consultants, and other partners. This is not linked to any personal information that can identify any individual person. Other ways in which we share information may include, but are not limited to, the following:
- Investors receive reports on number of page views, logins etc.
- Business transitions. In the event that Mela Artisans, INC goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, User personal information generally is one of the transferred business assets. For more information see our notification of changes section below.
- If necessary to fulfill our service obligations or if we are required to do so by law or if in our good faith judgment, such action is reasonably necessary to comply with legal process, to respond to any claims, or protect the rights of Mela Artisans and the public.
- We will not sell personal data to third parties.
We take extensive precautions to protect your data. Your data is protected by organizational or technical safety measures. It is protected from access by unauthorized persons, from intentional or unintentional manipulation, and from destruction or loss. The safety measures used to protect your data are updated continuously to apply the newest technological developments.
How We Secure Your Information
Securing your information is a company priority. Whether you are shopping online or in our stores, we use reasonable security measures to help protect the confidentiality of personal information.
Your account information is protected by the password you use to access your online account. Please keep this password confidential. We also use a technology called Secure Sockets Layer (SSL). If your browser is capable of SSL (and most are), your account information will be protected during transport across the internet.
You acknowledge that the website contains text, images, data, software, videos, typefaces, graphics, sounds, and other material (collectively "Content") that are protected by copyrights 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, delete, publish, or create derivative works from or adaptations of the Content, in whole or in part. 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.
You may not download (bookmarking excluded) or modify the website or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the website or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the website 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 website or any portion of the website 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 utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mela Artisans without our express, prior written consent. You may not use meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent
Your Account Responsibility
If you use the website, you are responsible for maintaining the confidentiality of the information you submit through "My Account" and your corresponding password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under "My Account" or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the "My Account" area of the website.
Links to other websites are solely for information purposes. However, we are not responsible for the content of any sites that may be linked to or from the website or endorse them. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the website are independent from us, and we have no control over the content of such other website.
Errors On Our Website
The website is provided on an "AS IS," basis. We do not guarantee the website will be uninterrupted or error-free. We do not warrant the accuracy, integrity, or completeness of the Content provided on the website or the products or services offered for sale on the website. We operate under the assumption that the information we provide is accurate; however, it may contain errors or inaccuracies.
Under no circumstances shall Mela Artisans be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the website, including but not limited to reliance by a user on any information obtained at the website, 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.
You agree to use the website only for lawful purposes. You are prohibited from posting on or transmitting through the website any material we consider to be objectionable, 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. You agree not to engage in conduct that is hurtful to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications through the website. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive User Content provided by you, we may (but without any obligation) investigate the allegation and determine whether to remove or request the removal of such User Content from the website. We may disclose any User 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 website; or (iii) to protect the rights or property of MelaArtisans.com, its associates, our Users and customers and/or you.
We reserve the right to prohibit conduct, communication, or Content that we deem to be unlawful or harmful to you, the website, Users, our customers or any rights of Mela Artisans or its partners. Notwithstanding the foregoing, neither Mela Artisans nor its associates can ensure prompt removal of questionable Content after online posting. Mela Artisans and its partners do not assume any liability for any action or inaction with respect to conduct, communication, or Content on the website.
Your User Reviews & Feedback
For any information, images, data, software, photographs , videos, typefaces, graphics, music, sounds, and other material (collectively "User Content"), sent, transmitted, or uploaded by you on the website, you agree to grant Mela Artisans and its partners a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in this Agreement, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each user's personal, non-commercial use. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the website, and you expressly waive any privacy rights you may otherwise have to your User Content. You agree to allow us to e-mail your User Content to other users.
You alone are responsible for your User Content and for the resolution of any disputes that arise between you and any other entity or individual because of your User Content. You agree not to post, upload, or transmit any User Content that violates the intellectual property rights of any third party including: copyright, patent, trademark, trade secret, publicity or privacy rights, or any other proprietary right of any party. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (i) Violates this Agreement, (ii) Is offensive or illegal, or (iii) May harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
Your Consent to Communication
You agree that we may send you certain information in connection with the website. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the website. You have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the website. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the website, you agree that you will have access to the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the website.
Usage by Minors
This website is not intended for persons under the age of 18. Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the website, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this website, purchasing products from us or providing us with any information, you represent to us that you are 18 and legally permitted to enter into a binding contract, or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
If you access the website from anywhere in the United States, you agree that the laws of the State of FL, USA, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Mela Artisans.
Any dispute relating to your visit to the website, to this Agreement, to our advertising or solicitation practices or to products you purchase through the website shall be submitted to confidential arbitration in Boca Raton, FL, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, Mela Artisans.com may seek injunctive or other appropriate relief in any state or federal court in the State of FL and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Please review our policies - Privacy, Returns, Shipping and Delivery, and others- all of which are incorporated herein by this reference and are posted on the website. These policies also govern your visit to the website. We reserve the right to make changes to the website, policies, and this Agreement 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.
Ordering Through The Site
Like most online retailers, after placing an order, you will receive an e-mail Order Confirmation. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, which are confirmed via an e-mail called Shipping Confirmation. A contract between us is formed at this point. The contract will relate only to those products whose shipment we have confirmed. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our inventory.
Pricing & Product Availability
Prices and availability of products on the website are subject to change without notice. Errors will be corrected as discovered. Our website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Website may be incorrectly priced. We are under no obligation to provide the product to you at an incorrect price if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider's inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
Risk of Loss-Shipping
All items purchased from MelaArtisans.com 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.
Using Mela Artisans Credits
Should you invest in a microloan to an artist, your total loan amount, plus 10% bonus, will be repaid in 3 equal monthly installments in the form of Mela Artisans Credits. One Mela Artisans Credit is the equivalent of one US dollar. These Credits will be deposited in your Mela Artisans account and can be applied toward your next purchase of merchandise or microloans on the Mela Artisans site. To apply your Mela Artisans Credits towards a purchase, add the items you wish to purchase to your cart, proceed to checkout, and on the billing page you will see an option to enter the amount of “Total Credits Applied Towards this Order”. Indicate the total number of Mela Artisans Credits you wish to apply and the discount will be applied to your order. Purchases are deducted from your Mela Artisans Credits’ balance. If an order exceeds the amount you applied, the balance must be paid with a E Gift Card and/or credit card.
Sales tax is applicable on any merchandise purchased with Mela Artisans Credits. Mela Artisans Credits will not expire. Furthermore, Mela Artisans Credits cannot be resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Unused Mela Artisans Credit balances in a Mela Artisans account may not be transferred.
Using Promotional Codes
Add all items you wish to purchase to your cart and then proceed to checkout. In the Billing Information section, enter the Promotional code in the input box and press submit. If the promotional code is valid, your order will show the discount. If the code is invalid, an error message will display in red. It may not work if your coupon has expired, your order doesn’t meet criteria for the promotion, or you have already used a promotional code on the order. Promotional codes also do not apply to E Gift Cards.
Using E Gift Cards
E Gift Cards can be used for purchases by adding the item(s) you wish to purchase to your shopping cart and proceeding to check out. Under billing information, there will be an input box where you can enter the numerical code on your E Gift Card for redemption. After submitting this code, your order balance should indicate that the E Gift Card has been applied.
Sales tax is applicable on any merchandise purchased with a Mela Artisans e- Gift Card. Mela Artisans E Gift cards do not expire. Furthermore, Mela Artisans E Gift Cards cannot be resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Unused E Gift Card balances in a Mela Artisans account may not be transferred. Promotional codes also do not apply to E Gift Cards.
We have made significant efforts to accurately display the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Termination of Use
We may terminate your access or suspend your right to access all or part of the website, without notice, for any conduct that we believe is in breach of this Agreement, is harmful to the interests of others or us, or is against the law. In addition, we reserve the right to refuse an order from any customer.