Terms of Service

Welcome to Milu. The terms "we", "us" and "our" refer to Milu. We operate this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a shopping experience (the "Services"). Milu is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced in them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully. They include important information about your legal rights and cover areas such as subscriptions, warranty disclaimers and limitations of liability.

We sell to customers in the United States, New Zealand and Australia. Some of the rights and obligations below depend on where you live; those differences are set out in section 20.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

Section 1Access and account

By agreeing to these Terms, you represent that you are at least 18 years old, or the age of majority in your state, province or territory of residence, whichever is higher. Our products are not intended for anyone under 18. You also confirm that you have given us consent for any minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including browsing our store or purchasing any products, you may be asked to provide information such as your email address, billing, payment and shipping details. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to anyone else.

Section 2Our products

We have made every effort to represent our products accurately. Colours and product appearance may differ from how they appear on your screen, depending on your device and its settings.

Our products are dietary supplements. They are not intended to diagnose, treat, cure or prevent any disease or medical condition. Individual results vary, and we do not warrant that any product will produce a particular outcome for you.

Product descriptions, formulations, packaging and ingredient sourcing may change at any time without notice at our discretion. Always read the label on the tub you receive, as it takes precedence over any description on our website. We reserve the right to discontinue any product at any time and to limit the quantities we offer to any person, geographic region or jurisdiction, case by case.

Section 3Not medical advice

We do not have a therapeutic relationship with you, and our team are not clinicians. Where our team responds to a question about a product, they are describing the product, not advising you on your health.

Section 4Orders

When you place an order you are making an offer to purchase. We reserve the right to accept or decline any order at our discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before an order is accepted. Please review your order carefully before submitting it, as we may not be able to accommodate cancellation requests once an order is accepted. If we decline, change or cancel an order, we will try to contact you using the email address, billing address or phone number you provided.

Your purchases are subject to return or exchange in accordance with our Refund Policy and with any consumer rights you have under section 20.

You represent and warrant that your purchases are for your own personal or household use, and not for commercial resale or export.

Section 5Subscriptions

Before each renewal we will send you a reminder to the email address on your account, giving you time to skip, pause or cancel. Cancellations take effect for future deliveries. If you cancel after an order has already been processed for shipment, that order will still be sent and charged, and the cancellation will apply from the following delivery.

Subscription prices may change. If they do, we will tell you in advance and give you the chance to cancel before the new price takes effect. Any introductory or promotional subscription price applies only for the period stated at checkout, after which the standard subscription price applies.

If a payment fails, we may retry it, and we may pause or cancel your subscription until a valid payment method is provided.

Section 6Prices and billing

Prices, discounts and promotions are subject to change without notice. The price charged is the price in effect when your order is placed, as set out in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs or import charges. Prices are displayed in the currency of your selected market.

Prices posted in our online store may differ from prices offered by third-party retailers or marketplaces. From time to time we may run promotions governed by separate terms; where those terms conflict with these Terms, the promotion terms govern for that promotion.

You agree to provide current, complete and accurate purchase, payment and account information, and to update it promptly, including your email address, card numbers and expiry dates, so that we can complete your transactions and contact you when needed.

You represent and warrant that the payment information you provide is true, correct and complete; that you are authorised to use that payment method; that charges will be honoured by your card issuer or bank; and that you will pay the charges you incur at the posted prices, including shipping, handling and any applicable taxes.

Section 7Shipping and delivery

Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather or other events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

You are responsible for providing an accurate and complete delivery address. Where an order is returned to us as undeliverable because of an incorrect address, we may charge the cost of reshipment.

Full shipping details for each market are set out on our Shipping and Returns page.

Section 8Returns and refunds

Returns, refunds and any satisfaction guarantee we offer are governed by our Refund Policy, which forms part of these Terms. Those remedies are in addition to, and do not limit, any rights you have under the consumer laws described in section 20.

For health and safety reasons we cannot resell returned supplements. Where we accept a return, we will usually not require you to send the product back.

Section 9Intellectual property

The Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement of them, are owned by Milu, our affiliates or our licensors, and are protected by New Zealand, United States, Australian and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided here, nothing in these Terms grants you a licence or other rights under any patent, trademark, copyright or other intellectual property of ours, of Shopify, or of any third party. All rights not expressly granted are reserved.

Our name, logo, product and service names, designs and slogans are our trademarks or those of our affiliates or licensors. You must not use them without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other marks on the Services belong to their respective owners.

Section 10Optional tools

You may be given access to third-party tools through the Services that we neither monitor nor control. We provide access to those tools "as is" and "as available", without warranties, representations or conditions of any kind and without endorsement. We have no liability arising from your use of optional third-party tools.

Any use of those tools is entirely at your own risk and discretion, and you should make sure you are familiar with and agree to the terms on which they are provided. New features we release in the future also form part of the Services and are subject to these Terms.

Section 11Third-party links

The Services may contain materials and links to websites operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you leave the Services to access them, you do so at your own risk.

We are not liable for any harm or damage relating to your use of third-party websites, or your purchase or use of any products, services or content on them. Please review the third party's policies and practices before transacting with them. Complaints or questions about third-party products and services should be directed to that third party.

Section 12Relationship with Shopify

Our store is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase you make in our store is made directly with Milu. By using the Services you acknowledge that Shopify is not responsible for any aspect of any sale between you and us, including any injury, damage or loss resulting from products or services purchased. You release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with us.

Section 13Privacy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's privacy policy. By using the Services you acknowledge that you have read our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit will be transmitted to and shared with Shopify and with third parties that may be located in countries other than where you live. See our Privacy Policy for details.

Section 14Reviews and feedback

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, photographs, proposals or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use such as marketing and advertising.

You represent and warrant that: you own or have all necessary rights to the Feedback; the Feedback reflects your honest experience of the product; you have disclosed to us any compensation, free product or other incentive you received in connection with it; and the Feedback complies with these Terms. We are under no obligation to keep Feedback confidential, to pay for it, or to respond to it.

We may, but are not obliged to, monitor, edit or remove Feedback we determine to be unlawful, offensive, threatening, defamatory, obscene, misleading, or otherwise objectionable, or that infringes anyone's rights or breaches these Terms. We will not edit a review to change its substance or its rating.

Your Feedback must not violate any third-party right, including copyright, trademark, privacy or personality rights. It must not contain unlawful, abusive or obscene material, or any virus or malware. You may not use a false email address, impersonate anyone, or otherwise mislead us or others about the origin of Feedback. You are solely responsible for your Feedback and its accuracy, and we accept no liability for Feedback posted by you or any third party.

Section 15Errors and omissions

Occasionally information in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any such errors, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order. Where we cancel an order for this reason, we will refund you in full.

Section 16Prohibited uses

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly: for any unlawful or malicious purpose; to violate any law, regulation or ordinance; to infringe our intellectual property rights or those of others; to harass, abuse, insult, defame, disparage, intimidate or harm our employees or any other person; to transmit false or misleading information; to send unsolicited advertising or spam; to impersonate any person or entity; or to engage in conduct that restricts anyone's use or enjoyment of the Services or that may harm us, Shopify or other users, or expose us to liability.

You also agree not to: upload or transmit viruses or malicious code; reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; collect or track the personal information of others; spam, phish, pharm or pretext the Services; use any robot, spider, scraper, data extraction tool, AI agent or other automated or manual means to access the Services; or interfere with, bypass or circumvent our security measures, robot exclusion headers or other access restrictions. We may suspend, disable or terminate your account at any time, without notice, if we determine you have breached any part of these Terms.

Section 17Agents

17.1 This section applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any of the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed on behalf of or using a person's device without direct supervision.

17.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict accordance with section 17.4. No Agent may access the Services if we have asked it to refrain from doing so.

17.3 We may limit, including by technical measures, whether and how any Agent accesses, uses and interacts with the Services.

17.4 Agents must: (i) identify in all HTTP/HTTPS requests that the request comes from an Agent, and disclose the Agent's name in the user agent string in the form "Agent/[agent name]"; (ii) not conceal or obfuscate that access is from an Agent, including by mimicking human behaviour and interaction patterns, or by completing or circumventing CAPTCHAs or other measures intended to distinguish computers from humans; (iii) respond truthfully to any question or prompt seeking to determine whether interactions come from a human or a computer; and (iv) not circumvent or avoid any measure intended to block, limit, modify or control how Agents access the Services.

Section 18Termination

We may terminate this agreement or your access to the Services, in whole or in part, at our discretion at any time and without notice. You remain liable for all amounts due up to and including the date of termination.

The following sections continue to apply after any termination: Intellectual property, Reviews and feedback, Termination, Disclaimer of warranties, Limitation of liability, Indemnification, General, Governing law, Privacy, and any other provision that by its nature should survive.

Section 19Disclaimer of warranties

Information presented on or through the Services is made available for general information purposes only. We do not warrant its accuracy, completeness or usefulness. Any reliance you place on it is at your own risk.

EXCEPT AS EXPRESSLY STATED BY US, AND SUBJECT TO SECTION 20, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

Section 20Consumer rights by country

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded in the country where you live. Where a provision of these Terms would have that effect, it does not apply to you to that extent.

Section 21Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO SECTION 20, IN NO CASE SHALL MILU, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THEM, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

WHERE LIABILITY CANNOT BE EXCLUDED BUT MAY BE LIMITED, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID US FOR THE PRODUCTS GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEDING THE EVENT.

Section 22Indemnification

You agree to indemnify, defend and hold harmless Milu, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party arising out of your breach of these Terms or the documents they incorporate by reference, your violation of any law or the rights of a third party, or your access to and use of the Services.

We will notify you of any indemnifiable claim, though a failure to notify promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of a claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.

Section 23General

Severability. If any provision of these Terms is found unlawful, void or unenforceable, it will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed. This will not affect the validity of the remaining provisions.

Waiver and entire agreement. Our failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision. These Terms, together with any policies we post on this site, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals, whether oral or written, including any earlier versions of these Terms. Ambiguities will not be construed against the drafting party.

Assignment. You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any attempt to do so is void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

Headings. Headings are for convenience only and do not limit or affect these Terms.

Force majeure. We are not liable for any failure or delay in performing our obligations where that failure or delay results from events beyond our reasonable control, including natural disasters, epidemics, strikes, carrier failures, supply shortages, or acts of government.

Section 24Governing law

These Terms, and any separate agreements under which we provide you Services, are governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law principles. You and Milu submit to the non-exclusive jurisdiction of the courts of New Zealand.

Nothing in this section prevents you from bringing a claim in the courts of the country where you live where the law of that country gives you the right to do so, or from relying on the mandatory consumer protections of that country.

Section 25Changes to these Terms

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our discretion, to update, change or replace any part of these Terms by posting the update to this website. It is your responsibility to check periodically for changes. We will notify you of material changes as required by applicable law, and those changes will take effect on the date specified in the notice. Your continued use of or access to the Services after changes are posted constitutes acceptance of them.