Product Purchase Terms of Service
Welcome to www.Menolabs.com (the "Website"), operated by MenoLabs®, a brand of Amyris Clean Beauty Inc. ("MenoLabs", "we", "our", or "us"). The Website enables visitors ("Visitors", “Purchasers”, “Members” or “Customers”) who are at least eighteen (18) years of age to make purchases and receive services. These Terms and Conditions of Use (the "Agreement") set forth the terms and conditions which govern your use of the website or mobile application for purchasing both physical and digital products and receiving services. By accessing this site, our services or our mobile application you are also agreeing to be bound by our general Terms of Use, and Privacy Statement. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using our website or mobile application service, you agree to be bound by these Terms. If you disagree with any part of these terms then you do not have permission to access our website, mobile application or utilize our services.
1. Communications
By creating an account on our website or mobile application service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. Our communication and marketing privacy policies are contained within our Privacy Statement and our Marketing Privacy Policy.
2. Purchases
If you wish to purchase any product or service, or set up a recurring subscription made available through our website or mobile application (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your CID number, your billing address, and your shipping information.
Payment. We accept the following credit cards: Visa; MasterCard, Discover and American Express. We also accept check cards from Visa and MasterCard and provide 3rd Party payment options: Amazon Pay, PayPal, Venmo, Apple Pay, Google Wallet and others from time to time. For security purposes, we do not store any payment information anywhere on our computers or servers. We use a banking partner or credit card processing partner to safely store your payment information on file when you choose to do so. Our system also performs certain tests to ensure you are authorized to use the form of payment provided. If any of these tests fail, your payment will be denied and the webpage will state, as clearly as possible, the reason that it is being denied. If you have continued problems with your payment method, we recommend that you change to an alternate form of payment or contact us for further assistance.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order and all service if fraud or an unauthorized or illegal transaction is suspected. We reserve the right to contact the issuing authority for the fraudulent payment attempt and report the attempted transaction or fraud. If fraud or an unauthorized or illegal transaction is suspected or occurs we reserve the right to cease direct communication, report the attempt and communicate, collect IP and identify metadata related to the fraud or illegal transaction and contact or wait for contact directly by the cardholder and/or issuing authority of the payment method.
3. Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current.
Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice and cancel or refund orders that are affected by errors and inaccuracies.
4. Commercial Transactions
Payment. Your right to purchase products that are available for purchase through the Website is conditional on our receipt of payment for such products. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your account, thereby terminating this Agreement and all obligations hereunder.
Recurring Subscriptions Our services may allow you to consent to a recurring subscription in exchange for a product discount. You have the right to discontinue your subscription at any time which will stop the next scheduled payment. Subscription cancellations must be received at least one business day prior to the next recurring charge. Cancellations or pause requests less than one business day prior to the next recurring charge may not be canceled until the subsequent scheduled billing interval. You may also pause your subscription for a period of time by contacting us at CustomerCare@Menolabs.com. Any product already shipped will require a return of complete, unopened, and unaltered product and a Return Management Authorization (RMA) number prior to qualifying for any refund or exchange within the guidelines listed below.
5. Product Exchanges
In the event of a shipping error, MenoLabs will exchange the incorrect product with the correct product and pay for shipping of the replacement and either pay for shipping or waive return of the product sent in error at our sole discretion provided you notify us of the error and your desire to exchange the product within 3 business days of receipt of your shipment. You may notify us via email at CustomerCare@Menolabs.com.
6. Prohibited and Fraudulent Purchases
Products on our website or mobile application are intended for personal, non-commercial purposes only. Except as expressly permitted in these Term and Conditions, you may not use, reproduce, distribute, adapt, modify, reverse engineer, copy, publish, display, transmit, link, rent, frame, lease, loan, sell, license, or in any way exploit the content, services or products on our website or mobile application. You agree to use our website or mobile application for its products and content, only for lawful, non-commercial purposes and in compliance with all international, federal, state and local laws.
MenoLabs does not authorize or permit the resale of our products by unauthorized resellers, retailers or distributors. Any account associated with a purchase order that we suspect is connected with the illegal distribution of our products, or any other activity that was not pre-approved in writing by an authorized officer of MenoLabs, may be subject to suspension or termination and restrained from further access to our website or mobile application without prior notice or further explanation. Any open orders associated with such an account will then be cancelled and credited back to the original purchaser when identified before shipment and will not be eligible for return, refund or exchange if identified after shipment of product. Products returned without prior authorization will be discarded.
MenoLabs reserves the right to pursue any unlawful reseller, retailer or distributor for violations under applicable law including, but not limited to, The Lanham Act, the laws of the State of Arizona and the Federal Trade Commission.
MenoLabs only ships Product orders to shipping addresses that are either a physical address or USPS Post Office Box. The use of a false name, address, telephone number and/or credit card number to purchase any products on this website shall constitute fraud under the laws of the state of Arizona and/or Federal wire fraud and shall constitute your stipulation and admission that 1) your use of a false name, address, telephone number and/or credit card was and is a fraudulent representation made at the time of purchase; 2) was made with the knowledge of said falsity; 3) was made with the intention to defraud MenoLabs; 4) that MenoLabs’ reliance on your fraudulent representations was and is actual, justifiable and reasonable, and; 5) that MenoLabs was and is damaged by your fraud. You further stipulate and admit that such conduct was and is carried out with fraud, malice and oppression and, therefore, an award of punitive damages is both necessary and proper for such conduct. All instances of fraud shall be prosecuted to the fullest extent of the law.
7. Green Returns
We’re proud to offer Green Returns as an alternative to sending product back for a refund, which reduces shipping and processing waste (and saves you a trip to the post office, too). With Green Returns, we’ll give you a store credit for any purchase within the following trial periods for products that you’re not satisfied with:
- 90 days: MenoFit, MenoGlow
- 30 days: Happy Fiber, Goddess Glow Beauty Collagen, Athena’s Shield, Well Rested
You’ll get to keep the product (or pass it on to someone who might enjoy it more). Simple, right? Please contact our Customer Care team at CustomerCare@MenoLabs.com and we’ll be happy to get your Green Return started.
8. Returns and Refunds
MenoLabs offers refunds for all products. Our products work differently for every person and results will vary based on length of use, diet, fiber intake, individual activity level and other factors. Though in many cases customers experience a number of improvements within a short period of use, many of our products are designed for sustained use and deliver incremental health improvement. When using our products, specific results and outcomes are not guaranteed. In the case that our products do nothing to decrease symptoms that they are advertised to support, we will issue you the option of a refund for your purchase based on the following trial periods:
- 90 days: MenoFit, MenoGlow
- 30 days: Happy Fiber, Goddess Glow Beauty Collagen, Athena’s Shield, Well Rested
Refunds will be issued upon return of the product and/or packaging to us, and you will be responsible for shipping costs. You can request a refund or Green Return after the trial period by emailing CustomerCare@MenoLabs.com. Please note, as a research company we track the efficacy of our products based on the production lot numbers and manufacturer dates, and we record returns and customer interactions with our products.
PLEASE NOTE: Refunds and Green Returns are limited to one per household per lifetime and are limited to your first purchase or not longer than your first 90 days of a subscription through our website or mobile application. Refunds are not applicable to store credit purchases.
9. Subscription Skip or Cancelation
Subscription rates are subject to change from time to time. In the case that your subscription rate for products is scheduled to change you will be given 30 days notice to cancel your subscription or to agree to continue your subscription at the adjusted price.
You may request to skip your subscription order for one (1) to seven (7) month by sending an email to CustomerCare@MenoLabs.com at least 24 hours prior to your renewal date. Skipped subscriptions are subject to price adjustments during your skip period with 30 days prior notice. In the case of a price adjustment you will have the option to agree to the adjustment or discontinue your subscription which will cancel the subscription in our system. To reinstate a skipped subscription you can contact Customer Care at CustomerCare@MenoLabs.com or re-enable your subscription in your account administration portal.
You may cancel a subscription at any time, however we require 24 hour advanced notice to stop the payment processing, locate and prevent fulfillment of an upcoming subscription renewal. We fulfill thousands of orders constantly, even on weekends, in near real-time when they are received and we are unable to cancel an order once it is being fulfilled.
PLEAE NOTE: We'll do our best to make sure you have a positive experience. We’re open to feedback but we kindly ask that you please do not be unnecessarily rude to our team. Please also note that we have the right to refuse any return if we think you are abusing our policies.
10. DISCLAIMER OF WARRANTIES.
VISITORS ACKNOWLEDGE AND AGREE THAT THEIR USE OF ANY PRODUCT PURCHASED THROUGH THIS WEBSITE IS AT THEIR SOLE RISK. MENOLABS EXPRESSLY DISCLAIMS AND HAS NO RESPONSIBILITY FOR HOW YOU USE THE PRODUCTS PROVIDED THROUGH THE WEBSITE, AND MAKES NO PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN PROVIDING THE WEBSITE.
NO INFORMATION OBTAINED, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY. MENOLABS SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF USING THE PRODUCTS SOLD ON THIS WEBSITE. SPECIFICALLY, MENOLABS DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
MENOLABS MAKES NO GUARANTY OF CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE. OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE CONTROL OF THE COMPANY.
- Indemnity. You shall indemnify and hold harmless MenoLabs, its Officers, Managers and Agents from and against any and all claims, damages, liabilities, injuries, losses or expenses, including attorneys' fees and expenses of counsel and the collection thereof, that may be incurred by or asserted or awarded against MenoLabs, its Officers, Managers and Agents arising out of or in connection with or by reason of, or in connection with the preparation for a defense of, any investigation, litigation or proceeding arising out of, related to or in connection with your use of our Website, MENOLIFE mobile application, or sites and services owned or controlled by MenoLabs or your connection to our website, your purchase of products or services from this website, your breach of this Agreement, or your violation of any law or the rights of a third party.
- Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific goods, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that MenoLabs, its Officers, Managers and Agents shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
- Privacy. MenoLabs views the protection of your privacy as a very important responsibility. The terms regulating the handling of personally identifiable information and other information provided by you in connection with the website is described in our Privacy Policy, which can be found by clicking on the Privacy Policy link in the footer of www.MenoLabs.com.
- Risk of Loss. All items purchased from the website are shipped pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
- Product Descriptions. MenoLabs attempts to be as accurate as possible. However, MenoLabs does not warrant that the product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. The appropriateness of use of a given product may vary depending on circumstances. Information may and is subject to change. If you believe a product offered through the website does not meet the product description, your sole remedy is to return it in unused condition.
11. Shipping and Order Processing
We may use the United States Postal Service, UPS, FedEx or DHL for shipping. In most cases your order will be shipped within 1-2 business days of being placed. Upon shipment you will receive a package tracking number via email. Most Mail is delivered in 2 to 3 days within the United States, but please allow 5 to 10 business days from the date of your order.
Standard Shipping: Allow 5-10 business days. All orders will have Delivery Confirmation numbers supplied to you with your order confirmation so you can verify delivery of your package.
Expedited Shipping: We may send orders via expedited shipping service and offer priority service for some items or orders. When this applies, orders will have Delivery Confirmation numbers supplied to you with your order confirmation so you can verify delivery of your package.
NOTE: Delivery times are estimated and due to factors beyond our control, Acts of God, or national emergencies such as COVID-19 delivery times are never guaranteed and may take up to 30 days to arrive in some cases.
12. No Agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and Sponsor by this Agreement.
Notices. Except as provided in the following sentence, all notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to:
Attn: LEGAL DEPARTMENT,
1101 N Wilmot Rd Ste. 249
Tucson, AZ, 85712
13. Governing Law
You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of Arizona. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
14. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by MenoLabs, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
15. Contact Us
If you have any questions or concerns regarding our website(s) or mobile application(s), please contact us by email at CustomerCare@Menolabs.com or write to us at our Address:
MenoLabs®, a brand of Amyris Clean Beauty, Inc.
1101 N Wilmot Rd
Ste. 249
Tucson, AZ, 85712
United States
16. Miscellaneous
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time without notice so please check this Agreement often. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the use of our website or mobile application after any such changes, you accept this Agreement, as modified.
