Introduction
These Terms and Conditions (“Terms”) govern the access or use by you, an individual, from within the United States and its territories and possessions of the content, products, and services made available in the United States and its territories and possessions on the Melcam.shop website (the “Site”).
Please read these terms carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access the Site or use any services offered on the Site. If these Terms are considered an offer by Melcam, acceptance is expressly limited to these Terms.
Use of Melcam.shop is expressly conditioned on your assent to all the Terms, and your use of the Site constitutes your acceptance of and agreement to abide by these Terms. Melcam may make changes to the Terms from time to time. When changes are made, Melcam will notify you by making sure a new effective date is posted at the top of this page. Please check this page periodically for changes. Continued use of the Site after any change in the Terms constitutes your acceptance of such change.
Use of Site and Purchases
The Site allows you to purchase products described on the Site that meet the definition of “Products” in these Terms. You may only purchase Products for your personal or household use. You may not purchase Products for resale or to distribute, timeshare, rent or lease to others. Products on the Site are intended for end user consumption and not for any commercial use. Accordingly, notwithstanding any other provision herein, you agree and acknowledge that you do not acquire any intellectual property or distribution rights in or to any Product merely by purchasing such Product.
You represent and warrant that any information you provide about yourself when placing an order is accurate and complete, and that you will update such information as necessary to keep it accurate and complete. Melcam relies on accurate information to process and fulfill orders.
Product Descriptions
Melcam attempts to be as accurate as possible. However, Melcam does not warrant that Product descriptions, colors, information or other content available on the Site is accurate, complete, current, reliable, or error-free.
Prices and Payment Terms
All prices posted on this Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.
We accept Visa, Mastercard, American Express and Discover. You represent and warrant that (i) the credit card information supplied to Melcam is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
Shipping and Delivery
The delivery date displayed at checkout represents an estimate only and is subject to change. All delivery timeframes depend on origin, destination, and other factors and may vary significantly. Melcam cannot guarantee and shall not be responsible for any shipments that may be delayed, lost or damaged in transit. If you provide a delivery address, without specific directions to deliver to a particular person or place, deliveries may be made to the specified address without signature.
Returns
If for any reason you are not fully satisfied with any Melcam Product purchased on Melcam.shop, you may return it within 30 days of the original purchase date. To be eligible for a return, your merchandise must be in the same condition as when you received it, unworn, unwashed, unaltered and with all original tags and labels attached. You will be responsible for all return shipping costs. Melcam does not refund or cover the costs for return shipping. Refunds are for product cost only; shipping and handling fees are not refundable.
Custom or personalized orders are non-refundable.
For defective or damaged products, please contact Melcam Customer Service within 3 days of receipt so we can process a replacement order for you.
To return an item:
- Obtain a Return Authorization Number (RA#) by contacting [email protected]. Please have your order information available.
- Pack the item securely in the original package, if possible. Enclose the RA# and the reason for return.
- Ship the package with tracking and delivery confirmation directly to:
Returns Department
Melcam
123 Main St.
New York, NY 10001
You will receive an email confirmation once your return has been processed at our warehouse facility. Credits are usually processed within 5 business days after the return is received at our returns facility. Refunds are processed within 3-10 business days of Melcam issuing credit.
Product Warranties
Melcam Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
The benefits under Melcam’s warranty are in addition to other rights and remedies under a law in relation to the Products.
Melcam offers a 1 year limited warranty on all Products. This means your Product is covered for 1 year starting from the original date of purchase if it has a manufacturing defect. To claim under warranty, the defect must arise solely from faulty materials or workmanship in the original Product. Installation or assembly costs associated with a warranty claim are not covered under this warranty.
To claim under warranty, contact our Customer Service team at [email protected] with details and proof of purchase. Our Product specialists will assess your claim and advise the warranty process.
Warranty Exclusions:
- Damage due to use not in accordance with Product instructions
- Defects caused by normal wear and tear
- Products that have been modified by customer
- Products used for commercial, industrial, educational or rental purposes
- Second-hand Products
This warranty does not cover damage caused by misuse, neglect, shipping, accidents, acts of God or terrorism. Any unauthorised alteration or repairs will void the warranty.
Disclaimers of Warranties
The Site and services offered on the Site are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information (whether oral or written) obtained by you from Melcam shall create any warranty not expressly stated in the terms.
Without limiting the generality of the foregoing, Melcam does not warrant that: (a) the Site will be available or will function without interruption or will be timely, secure, error free or operate without loss of data, (b) any Product offered for sale on the Site will meet your requirements or expectations, (c) any content transmitted via the Site will be transmitted accurately or reliably, or (d) the quality of any Product purchased or obtained by you on the Site will meet your requirements or expectations.
Some states do not allow limitations on how long an implied warranty lasts, so some of the above limitations may not apply to you.
Limitations of Liability
In no event shall Melcam be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising from or relating to the conduct of you or anyone else in connection with the use of the Site and any purchases, including, without limitation, lost profits, emotional distress, bodily injury, and/or any damages resulting from communications errors, omissions, delays or any actions taken in reliance upon information, instructions, products or services obtained on, from or through the site.
In no event shall Melcam’s liability exceed the amounts paid by you for any products purchased via the Site.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
Indemnification
You agree to defend, indemnify and hold Melcam and its affiliates harmless from any claims, damages or costs (including, without limitation, reasonable attorneys’ fees) arising from or related to your use of the Site.
Copyrights
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software, is the property of Melcam and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Melcam and protected by U.S. and international copyright laws.
Trademarks
Melcam graphics, logos, icons and service names are registered trademarks and/or trade dress of Melcam. All other trademarks or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the exclusive property of their respective owners. Melcam trademarks and trade dress may not be used in connection with any third party product or service that is not affiliated with Melcam, in any manner that is likely to cause confusion among customers, or in any manner that disparages Melcam. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on this Site without the prior written permission of Melcam or the third party owner. Misuse of any trademarks or any other content displayed on the Site is prohibited.
Patents
One or more patents owned by Melcam may apply to the Products and to the features and services accessible via the Site. Portions of the Site may operate under patent(s) pending assignment to Melcam. The following is a non-exhaustive list of patents owned by Melcam that may apply to Products and services offered via Melcam.shop:
- US Patent No. 1234567 – Camera lens technology
- US Patent No. 7654321 – Digital camera firmware
- US Patent No. 4321987 – Image sensor manufacturing process
Termination
Notwithstanding any provision of these Terms, Melcam reserves the right, without notice and in its sole discretion, to terminate your license to access and use the Site, and to block or prevent future access to and use of the Site if you violate any provision of these Terms or any other policies or agreements incorporated into or applicable to your use of the Site. Upon any such termination, any and all rights granted to you by Melcam will automatically terminate.
Entire Agreement
These Terms (and any additional terms, rules and conditions of purchase applicable to a particular purchase incorporated into these Terms) constitute the entire agreement between you and Melcam relating to your access to and use of the Site.
Governing Law
These Terms and the relationship between you and Melcam shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York.
No Waiver
The failure of Melcam to exercise or enforce any right or provision in the Terms shall not constitute a waiver of such right or provision.
Severability
If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions remain in full force and effect.
Contact
Please feel free to contact us if you have any questions about these Terms.
Melcam
123 Main St.
New York, NY 10001
Email: [email protected]
Last updated: March 1, 2023
