These terms and conditions (the "Terms") govern the order and purchase by you of any MY M&M'S® Chocolate Candies, including 21 Colors of MY M&M'S® Chocolate Candies and pre-printed or custom-printed MY M&M'S® Milk Chocolate Candies ("Product") and any merchandise ("Merchandise") from mymms.com, an online candy ordering service, called MY M&M'S® (the "Site"), operated by Mars Direct, Inc., a subsidiary of Mars, Incorporated.
By using this Site and/or placing an order for Product and/or Merchandise, you accept and agree to be bound by these Terms, as well as to the (i) General Terms & Conditions for Web Sites Operated by the Mars, Incorporated Family of Companies and the (ii) Mars Direct, Inc. Online Privacy Policy, which are hereby incorporated by reference.
2. PRODUCT AND MERCHANDISE ORDERS
a. Pricing. Pricing, payment and other terms applicable to Product and Merchandise purchases are set forth on the Site and incorporated into these Terms by reference. Mars Direct, Inc. may, in its sole discretion, change any such prices or other terms at any time without notice.
b. General Requirements. By placing an order, you represent and warrant to Mars Direct, Inc. that:
- You are at least 18 years of age (19 in Alabama and Nebraska; 21 in Mississippi);
- If you are an individual consumer, the Product and/or Merchandise is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the Product or Merchandise to any third party for commercial purposes.
- If you are a business, the Product and/or Merchandise is being ordered solely to promote your own products or services by distributing the Product and/or Merchandise to Customers and others at no cost to the recipient as business gifts or advertising items. You will not resell the Product or Merchandise. (Note: If you are a promotional agency or distributor, you may resell the Product and/or Merchandise solely to businesses for use by such businesses to promote their own products or services as described in these Terms.)
- You will handle, store and transport all Product in accordance with applicable laws and regulations and in a clean and sufficiently odorless environment so that the Product is not adulterated in any way. You are solely responsible for and assume all liability arising from any repackaging of the Product (for some suggested Best Practices concerning Product quality assurance, click here).
- You will not submit any "objectionable" material for inclusion on the custom-printed Product (for examples of what might be objectionable, click here);
- The material you submit for inclusion on the custom-printed Product will not infringe any copyright, trademark, patent, literary, privacy, publicity or other property right of any third party (for examples of what might constitute infringement, click here);
- You are solely responsible for and assume all liability arising from material that you request to be included on the custom-printed Product. The fact that we produce the custom-printed Product does not mean that (1) we approve or endorse such material, or (2) such material complies with applicable law, or (3) you will not incur any liability arising from use of such material.
c. Custom-printed Product Orders. Orders for custom-printed Product requesting use of a logo, trademark, tradename or other third party mark require a separate agreement with Mars Direct, Inc. That agreement is available for review on the Site, click here.
d. Order Acceptance. All orders are subject to acceptance by Mars Direct, Inc. Mars Direct, Inc. must and does reserve the absolute right to reject orders in its sole discretion.
3. CUSTOMER SERVICE: CHANGING & CANCELING ORDERS
Adding Items to Existing Orders.
a. For Merchandise, 21 colors of MY M&M'S® Chocolate Candies and pre-printed MY M&M'S® Milk Chocolate Candies:
Please check the status of your order online. If the status of your order appears as 'shipped,' we are unable to add to or change your order. If your order has not yet been shipped, you may call Customer Service at 1.888.696.6788, and a representative will gladly assist you with your changes.
b. For custom-printed M&M'S® Milk Chocolate Candies and Merchandise combined with custom- printed M&M'S® Milk Chocolate Candies:
You may add to or change your order ONLY within 24 hours after our receipt of your order. Receipt by us of your order is at: the time of placement, if you ordered by phone or online: the time the fax was sent, if you ordered by fax; or three (3) business days after depositing your order in the mail, if you mailed in your order. Prior to 24 hours, you may call Customer Service at 1.888.696.6788, and a representative will gladly assist you with your changes.
Canceling Your Order
a. For Merchandise, 21 colors of M&M'S® Chocolate Candies and pre-printed M&M'S® Milk Chocolate Candies:
Please check the status of your order online. If the status of your order appears as 'shipped,' we are unable to cancel your order. If your order has not yet been shipped, you may call Customer Service at 1.888.696.6788, and a representative will gladly assist you with your cancellation.
b. For custom-printed M&M'S® Milk Chocolate Candies and Merchandise combined with custom- printed M&M'S Milk Chocolate Candies:
You may cancel your order ONLY within 24 hours after our receipt of your order. Receipt by us of your order is at; the time of placement, if you ordered by phone or online; the time the fax was sent, if you ordered by fax; or three (3) business days after depositing your order in the mail, if you mailed in your order. Prior to 24 hours, you may call Customer Service at 1.888.696.6788, and a representative will gladly assist you with your cancellation. After 24 hours, your credit card will be charged, or your check or money order will be cashed and not returnable.
4. CUSTOMER SERVICE: SHIPPING & RETURNS
Custom-printed Product may not be returned for credit. If your custom-printed Product order arrives damaged or incomplete and you notify us of the problem within 10 business days after your receipt of your order, we'll promptly replace the defective Product or provide the missing Product.
If the total purchase price of your custom-printed Product order is over $10,000, contact Customer Service to schedule return delivery.
For other information concerning shipping and returns, please refer to our Customer Service page.
5. FORCE MAJEURE.
Notwithstanding any other provision of these Terms, if Mars Direct, Inc. is delayed in or prevented from fulfilling any of its obligations under these Terms by reason of any event beyond its reasonable control, including but not limited to acts of God or terrorism, fire, strikes, delay of transportation or inability to obtain necessary new materials through normal commercial channels, Mars Direct, Inc. will not be liable for damages resulting from such delay or prevention. Mars Direct, Inc. will promptly notify you of the occurrence of any such event and will use reasonable efforts to minimize the resulting delay or prevention.
6. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Mars Direct, Inc., its officers, directors, affiliates, employees, suppliers and agents from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees and costs) due to, arising out of or in any way connected with (i) your Product and Merchandise orders, (ii) Product and Merchandise orders made by any third party using your account or password, (iii) your use, handling, repackaging, storage and/or distribution of Product and Merchandise, and/or (iv) breach of any provision of these Terms by you or any third party using your account or password.
7. MODIFICATIONS
Mars Direct, Inc. may change, suspend or discontinue all or any aspect of the Site at any time, including, without limitation, the processing of orders for Product and the availability of any information, without prior notice or liability. Mars Direct, Inc. reserves the right, at its discretion, to change or modify all or any part of these Terms at any time; however, we will not make any changes that have a retroactive effect unless legally required to do so.
8. WARRANTY DISCLAIMER
MARS DIRECT, INC. PROVIDES THE PRODUCT AND MERCHANDISE AS IS AND WITH ALL FAULTS; AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARS DIRECT, INC. AND ITS AFFILIATES HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OR OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE PRODUCT AND MERCHANDISE.
9. LIMITATION OF LIABILITY
In no event will Mars Direct, Inc. be liable for any consequential, indirect, punitive or special damages of any kind arising out of or relating to use of (or inability to use) the Site and/or Product, even if Mars Direct, Inc. has been advised of the possibility of such damages.
10. MISCELLANEOUS
Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to similar or subsequent breaches. If any part of these Terms is held to be unenforceable or invalid, such part will be deemed automatically superceded by an enforceable, valid provision most closely matching the intent of the original provision and the remainder of these Terms will continue in effect.
