Terms & Conditions
Introduction
These Terms and Conditions (together with the information and policies contained in the "Customer Service" pages on the website and any other documents referred in these Terms and Conditions) ("Terms and Conditions") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Capeet LLC dba Muri Lelu (collectively, “Muri Lelu” or “we” or “us” or “our”), governing your access to and use of the website http://www.murilelu.com, as well as any other media form, media channel, mobile application or mobile website related or connected thereto (collectively, the “Site” or “Website”), and services supplied by or on behalf of us through the Site (“Services”). Supplemental terms and conditions or documents that may be posted on the Site from time to time, are hereby expressly incorporated into these Terms and Conditions by reference.
We reserve the right to update, change, or replace any part of these Terms and Conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Please read these Terms and Conditions carefully before accessing or using our Site. By accessing, browsing, or otherwise using the Site and/or purchasing our products (“Products”) from us, you engage in our Services and agree to be bound by the following Terms and Conditions, including those additional terms and conditions and policies referenced or linked herein. These Terms and Conditions apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the terms and conditions contained herein, then you may not access the Site or use any Services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions. You should print a copy of these terms and conditions for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.
By agreeing to these Terms and Conditions, you represent that you have reached the age of majority in your state, province or territory of residence and are legally competent to enter into and agree to these Terms and Conditions. You warrant and agree that you are of legal minimum purchasing age in the jurisdiction in which you reside. Users under the age of majority in their state, province or territory of residence are not permitted to register for the Site or use the Services.
Information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS BY CONTINUING TO USE THE SITE. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, OR TO MODIFICATIONS THAT MURI LELU MAY MAKE TO THESE TERMS IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE SERVICES OR THE SITE.
Access to the Site
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorized use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.
Products
The Products are owned and sold on the Website by Muri Lelu. Muri Lelu attempts to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the Products on the Website are for illustrative purposes only. Although we attempt to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color of the Products.
The Products sold are supplied for your domestic and private use only. You agree that you will not use the Products for any commercial, business or re-sale purposes. Neither Monastery has any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Orders
Third-party service providers host our store. They provide us with the online e-commerce platform that allows us to sell our Products and Services to you. Your use of the third-party services may be subject to the separate policies and terms of use of these third parties.
You agree that any order you place through the Site (each, an “Order”) is an offer to buy, under these Terms and Conditions, all Products and Services listed in your Order. We must accept all Orders before we are obligated to sell the Products or Services to you. Acceptance of your Order and the formation of the contract of sale between us and you will not take place unless and until you have received your Order confirmation email. We may choose not to accept any Order, or cancel any Order, in our sole discretion. If 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 agree to pay for all Orders you place through the Site. By purchasing a product using the Site, you agree to be bound by these Terms and Conditions and any other policy contained on this Site.
In the event you dispute the amount or validity of any payments made to us, you must notify us within ten (10) days of payment, of any such dispute by mail or email at the address or email address listed below. You expressly agree that your failure to notify us of any dispute within ten (10) days of payment will constitute your express waiver of any claims related to the disputed payment. You agree that you will pay all costs and expenses of collection, including attorneys’ fees, incurred by us in the event of failure to make payment.
We reserve the right, but are not obligated, to limit the sales of our Products 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 Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, and 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 do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We will arrange for shipment of the Products to you. Title and risk of loss pass to you upon our transfer of the Products to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Third-Party Links
Certain Content, Products, and Services available on this Site may include materials from third parties. 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.
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.
Content
The content on the Site (“Content”) and the trademarks, and all logos contained therein are owned by or licensed by us and are subject to copyright and other intellectual property rights under applicable laws. Content includes, without limitation, all source code, databases, functionality, software, mobile applications, website designs, audio, video, text, photographs, and graphics. All graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of ours. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site and Content.
We are not responsible if Content is not accurate, complete, or current. The Content 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 Content is at your own risk. We reserve the right to modify the Content at any time, but we have no obligation to update any information on our Site.
Modifications
We reserve the right at any time to modify or discontinue the Site, the Service (or any part or Content thereof) and Products without notice at any time. We shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Site, Service or Products.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Site or Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your Order).
We undertake no obligation to update, amend or clarify information in the Site or Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or Service or on any related website, should be taken to indicate that all information in the Site or Service or on any related website has been modified or updated.
Personal Information
We care about the privacy of our users. A complete statement of our current privacy policy can be found by clicking here: Our privacy policy is expressly incorporated into these Terms and Conditions by this reference.
Hemp Products
Some of our Products contain “hemp”, as defined in the Agriculture Improvement Act of 2018 (also known as the “2018 Farm Bill”). The 2018 Farm Bill exempts hemp from the definitions of “marihuana” and “tetrahydrocannabinol” in the Controlled Substances Act, 21 USC § 801, et seq. However, the Products may contain detectable amounts of hemp-derived THC or other ingredients that may cause you to test positive for THC metabolites on drug screenings. Consult with your employer prior to use if you are subject to drug testing for marijuana or THC.
By using this site, you acknowledge, understand and agree that neither the Products, their labeling, nor the statements relating to the Products have been evaluated or approved by the U.S. Food and Drug Administration. The Products are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease, and should not be used as a substitute for existing medication. Consult with your physician prior to using any Products if you are taking medication, have a medical condition, are pregnant, breastfeeding, or are planning to become pregnant.
Nothing herein shall be construed as legal advice and we make no representations or warranties as to the legal activity in the jurisdiction in which you are located. We do not make any representations or warranties as to the legality of purchasing Products in any state. Certain Products and Product ingredients may be restricted or prohibited under state law. When you access this site and purchase our Products, you do so at your own risk, and you are solely responsible for your compliance with all applicable federal, state, and local laws, rules, and regulations. Refunds will not be issued for any Order that is refused or abandoned by the intended recipient, Orders that can’t be delivered due to address error, or Orders seized by Customs or other enforcement agencies.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimers of Warranties; Limitation of Liability
YOU AGREE THAT YOUR USE OF THIS SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. MURI LELU, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MURI LELU DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH THE MURI LELU ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER MURI LELU NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, ANY ORDER OR THE FULFILLMENT OR NON-FULFILLMENT THEREOF, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. MURI LELU IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
MURI LELU DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MURI LELU WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MURI LELU AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO MURI LELU FOR THE SERVICES DURING THE PERIOD OF ONE (1) MONTH PRIOR TO ANY CAUSE OF ACTION ARISING, AND (B) FIVE DOLLARS ($5).
Consumer Protection Notice
Please note that, if you are a consumer, the limitations in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence.
California. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MURI LELU, ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, INTERNS, AGENTS, DISTRIBUTORS, VENDORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS, THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. NOTWITHSTANDING THE FOREGOING, MURI LELU RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE, AT YOUR EXPENSE, WITH MURI LELU’S DEFENSE OF SUCH CLAIMS. MURI LELU WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING WHICH IS SUBJECT TO THIS INDEMNIFICATION UPON BECOMING AWARE OF IT.
Other Terms
These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, 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 and Conditions). The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Governing Law; Arbitration
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the state laws of the state of New York, exclusive of conflict or choice of law rules.
In the event of any dispute with Muri Lelu, you agree to first contact Muri Lelu to attempt in good faith to resolve the dispute. All offers, promises, conduct and statements, whether oral or written, made in the course of negotiation to resolve the dispute by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
If the dispute has not been resolved after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms and Conditions, the Site, Services or Products, including the determination of the scope or applicability of this agreement to arbitrate, or the alleged breach thereof, by binding arbitration by a single arbitrator jointly selected by the parties; provided that, if the parties are unable to agree upon an arbitrator within thirty (30) days of a party’s notice of intention to arbitrate, the parties shall agree to use the American Arbitration Association as an appointing authority. Any arbitration will take place in New York, New York in accordance with the American Arbitration Association’s Commercial Arbitration Rules. In any arbitration arising out of or related to this Agreement, the parties shall share the arbitrator’s fee and any filing fees equally. The arbitrator shall award the prevailing party its attorneys’ fees and costs, but shall not grant punitive damages. Judgment on the award may be entered in any state court having appropriate jurisdiction. The parties understand that by agreeing to binding arbitration, they are giving up rights that they may otherwise have to trial by a court or jury, and all rights of appeal. This section will not preclude the parties hereto from seeking injunctive relief and/or provisional remedies in aid of arbitration from a state court of appropriate jurisdiction.
Class Action Waiver
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Site, Products or Services signifies your explicit consent to this waiver
Severability
In the event that any provision of these Terms and Conditions 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 and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Miscellaneous
The failure of Muri Lelu to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions operate to the fullest extent permissible by law. These Terms and Conditions and your account may not be assigned by you without our express written consent. Muri Lelu may assign any or all of its rights and obligations to others at any time. Muri Lelu shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Muri Lelu’s reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and Muri Lelu as a result of these Terms or use of the Site and Services. Upon Muri Lelu’s request, you will furnish Muri Lelu any documentation, substantiation or releases necessary to verify your compliance with these Terms and Conditions. You agree that these Terms and Conditions will not be construed against Muri Lelu by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
Notices
All notice required or permitted under these Terms and Conditions shall be made in writing by mail or by email to:
Capeet, LLC dba Muri Lelu
141 Nevins Street, #151
Brooklyn, NY 11217
customerservice@murilelu.com