Terms and Conditions
1) These terms and conditions, together with the information and policies made available on this website and any other documents referred in these terms and conditions (collectively, the “Terms and Conditions”) set out the legal terms that apply to your use of our website.
1.1) “https://www.massenalab.com”, any of its sub-domains and any other websites operated by us or on our behalf (“our Website”) and the services (the “Services”) available through our Website.
1.2) Please read these Terms and Conditions carefully before you use our Website or use the Services. By using the Services, you are agreeing to all of these Terms and Conditions, as may be amended by us at any time and from time to time.
1.4) When we refer to “we”, “us” or “our” in these Terms and Conditions, we mean Massena LAB
1.5) When we refer to “you” or “your”, we mean you, the person using the Services.
1.6) When we use the word “writing” or “written”, it includes e-mails.
2) About Us
2.1) We are Massena LAB, a company incorporated in New York State.
You may create an account on our Website to facilitate the placement of orders. If you create an account, you are required to provide information that is accurate and up to date. If incomplete or incorrect information is provided and you do not give us the correct information in full within a reasonable time of our request, we may either terminate the contract. We will not be responsible for supplying products late or not supplying them if it is caused by you not giving us correct and complete information.
4.1) All orders are subject to acceptance and availability. Products in your shopping cart are not reserved and may be purchased by other customers.
4.2) You will be required to provide your personal information and payment details when placing an order. By placing an order, you warrant that the personal information and payment details provided by you are complete and accurate, that you are the person referred to in the information provided and that you are the owner of the credit card, debit card or PayPal account used.
4.3) Payment will be taken at the time the order is placed.
4.4) After you have placed an order, you will receive an acknowledgment email confirming our receipt of your order. This email will only be an acknowledgment and will not constitute acceptance of your order. A contract for the purchase of the products will not be formed until we send you a confirmation email.
4.5) We may refuse to process an order for any reason. If we refuse to process your order, we will provide you with a full refund of your purchase.
5) Pricing and Availability
5.1) While we try to ensure that the prices of products stated on our Website are accurate, errors may occur.
5.2) If we discover an error in the price of a product in your order, we will inform you as soon as possible and give you the option of proceeding with your order at the correct price or canceling it. If we are unable to contact you, your order will be automatically canceled. If your order is canceled and you have already paid for your order, you will receive a full refund.
5.3) Information on our Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update such information at any time without prior notice. We reserve the right to refuse to fulfill any orders that you may place based on information that contains errors or inaccuracies, including, without limitation, out-of-date information regarding pricing, shipping, payment terms or return policies.
6.1) We attempt to be as accurate as possible in the description of the products listed on our Website. However, as the descriptions are based on information provided to us by the suppliers or manufacturers of the products (who remain responsible for them), we cannot guarantee that all descriptions are always accurate, complete or error-free.
6.2) The images of products on our Website are for illustrative purposes only. Your product may vary slightly from those images. 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.
7.1) We deliver your purchases worldwide. Delivery costs are not included in the prices of products (unless indicated) and will be charged in addition. Delivery costs will vary depending on the products you have ordered and your delivery address. The delivery costs applicable to your order will be displayed before you place your order.
7.2) The estimated delivery date of the products will be stated in your order confirmation. As some products will be shipped directly from our suppliers to you, you may receive your order in multiple deliveries.
7.3) We require a signature for any items delivered, at which point responsibility for your purchased items passes to you.
8.1) While we are unable to cancel an order once it has been placed. We also offer returns service.
9) Failed Delivery
9.1) If the product is returned to us due to your failure to accept delivery or collect the product from the carrier, we may (without prejudice to any other right and remedy we may have) do any or all of the following:
10) Taxes & Duties
10.1) Depending on your delivery address, different taxation rules and additional charges may apply. Additional costs, such as customs, import duties, VAT, taxes and charges are NOT included in the item price or the shipping costs. These charges are the buyer’s sole responsibility. Please check with your country’s customs office to determine what these additional costs will be prior to initiating a transaction.
11) Returns, Refunds and Exchanges
11.1) We offer a returns collection service to all customers within the United States for any purchases that meet our Returns Policy. All international sales are final.
11.2) You have 7 days from receiving your order to request a return.
11.3) To arrange a return, please email us at firstname.lastname@example.org with the subject “Returns” and state in the body of your email (a) your order number, (b) whether you would like a refund or an exchange, (c) the reason for the return. Upon receipt of your request, we will send you a collection confirmation email with all the details you will need to complete the return. If you have requested for an exchange, we will also let you know of the availability of a replacement item.
11.4) We will only accept returned items which comply with our Returns Policy as follows:
12) Returns Policy
(a) The item must be in its original condition and inclusive of all packaging, documents, instruments, links, straps, buckles, tags, protective stickers, boxes, and warranties as shipped by us. Items must be returned without blemishes, dings, scratches, or any indication that the product has been worn or sized in any manner; Items that have tags removed or show obvious signs of wear may have a restocking fee or be rejected for return. (b) The following products are not eligible for return: special orders, engraved items, made-to-order basis, custom products, final or promotional sales (c) Accessories such as watch straps and buckles are final sale and non-refundable. All deposits are non-refundable. In the event of any order cancelation, the deposit amount will be offered as store credit only.
12.1) Please take care when trying on your purchases and return them in the same condition you received them.
13.1) Once your item has been received and accepted by us, your refund of the purchase price will be completed via the original payment method. We are unable to refund any delivery and handling charges related to your purchase, unless you had received (a) the item in a flawed or damaged condition or (b) a wrong item, in which case we will provide a full refund of your purchase. A restocking fee of 4% will be deducted from any return or order cancelation, including pre-orders, resulting in a refund unless you had received (a) the item in a flawed or damaged condition or (b) a wrong item.
14.1) All exchanges are subject to availability and limited to items of the same model.
14.2) If a replacement item is available, we will deliver the replacement item to you once your returned item has been received and accepted by us. We will bear cost of delivering the replacement item to you, but you will be required to pay any applicable taxes and duties.
15) Supplier’s Warranty
15.1) Your item may come with a supplier’s warranty. Please refer to the supplier’s warranty provided with applicable products for the relevant terms and conditions.
16) Access to and Use of our Website
16.1) Access to our Website is permitted on a temporary basis, and it does not include any commercial use of our Website or its contents.
16.2) We reserve the right to withdraw or amend our Website without notice, and from time to time, we may restrict access to all or parts of our Website. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
16.3) When you visit our Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that same communications be in writing.
16.4) You must not use our Website in any way that:
(a) causes, or is likely to cause, our Website or access to it to be interrupted, damaged or impaired in any way; (b) breaches any applicable law; or (c) is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect,
16.5) You must not use our Website to send, use or reuse any material that:
(a) consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” (b) is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; (c) is in breach of copyright, trademark, confidence, privacy or any other right; or (d) is otherwise objectionable or injurious to third parties.
17) Intellectual Property, Software and Content
17.1) The intellectual property rights in all software and content made available to you on or through our Website remains our property or the property of our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our Website nor may you use any such content in connection with any business or commercial purpose.
17.2) You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by us or our licensors. No license or consent is granted to you to use these marks in any way. You must not create and/or publish your own database that features substantial parts of our Website (e.g. product prices and listings) without our prior written consent.
17.3) Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on our Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trademarks featured on our Website are owned by the respective trademark owners.
18.1) You agree to indemnify us and our directors, officers, employees, agents, and affiliates, from any and all third party claims, liability, damages and costs (including, but not limited to, legal fees) arising from your use our Website or your breach of these Terms and Conditions.
19) Disclaimer of Liability
19.1) The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy or completeness. Unless expressly stated to the contrary to the fullest extent permitted by law, we and our suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or in connection with the use, inability to use, performance or failures of our Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our liability for death or personal injury arising from our negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
20) Linking to our Website
20.1) You may link to our Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
20.2) You must not establish a link from any website that is not owned by you.
20.3) We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to our Website, you must do so without delay.
21) Other Information
21.1) Variation: We shall have the right in our absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of our Website.
21.2) Severability: If any part of these Terms and Conditions is unenforceable, the enforceability of any other part will not be affected, and all other clauses will remain in full force and effect. So far as possible where any paragraph/sub-paragraph or part of a paragraph/sub-paragraph can be severed to render the remaining part valid, the relevant paragraph shall be interpreted accordingly. Alternatively, you agree that the relevant paragraph shall be rectified and interpreted in such a way that closely resembles the original meaning of the paragraph/sub-paragraph as is permitted by law.
21.3) Waiver: If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies.
21.4) Entire Agreement: These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
21.5) Circumstances Beyond Our Control: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our reasonable control such as acts of God, wars, terrorist attacks, embargoes, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks. If such an event takes place and it affects the performance of our obligations to you, (a) we will contact you as soon as reasonably possible to notify you, and (b) our obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.
21.6) Governing Law and Jurisdiction: All matters relating to your order, use of our Website or these Terms and Conditions are governed by New York State laws. The courts of New York shall have non-exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.