Terms & Conditions
Purchase Terms and Conditions
Any and all purchases of products from this site are governed by the following terms and conditions. These terms and conditions (“Terms”) apply to the purchase and sale of any and all products (the “Products”) through quotes, proposals or any other marketing communication (“Quotes”) provided by CMM-CM, LLC d/b/a/ Muller Mask (“Muller”) to any prospective purchaser (“You”, “Customer”, or “Buyer”). By placing an order, reading a quote, or completing a purchase of Products, You explicitly agree to be bound by and accept these Terms. This acceptance is an express condition of Muller’s acceptance of any order. If You do not agree to these Terms, your sole remedy is to elect not to purchase Muller Products, or to elect not use Muller’s services.
No communications of any kind may be considered as an offer to sell, unless or until Muller (through an authorized employee or agent) accepts the order and notifies you that the order has been accepted.
An authorized employee of Muller may alter or adjust the terms of a specific order, however such alterations must be explicitly stated, in writing, on the customer order, and approval of that alteration must be signed by both the authorized Muller employee and the authorized representative of the Customer. To the extent that the exact terms or meaning of the alteration are unclear, the alteration will be void, and these terms will control. If the terms or meaning of the alteration are capable of more than one interpretation, it shall be interpreted in the way that does not conflict with these terms, or conflicts the least with these terms. No person may be considered as an “authorized employee” unless they are 1) an officer of Muller, or 2) directly employed as Muller sales staff. It is the Customer’s duty to make such inquiries to determine if the person is an authorized employee. Such inquiries may be made by emailing Muller at firstname.lastname@example.org; any verification of authority from that email address may be treated as sufficient evidence of authority.
In any purchase transaction, in the event of any addition to the Purchase Price specified in a Customer Order, the amount of any present or future use, excise, or similar tax applicable to the sale of the Products will be paid by the Buyer.
All further payment terms shall be agreed through a formal purchase process, and to be binding upon the execution of definitive Purchase Agreement. Product prices do not include any applicable taxes (including sales taxes), tariffs, duties, fees, or charges of any type imposed by any governmental authority (“Transfer Taxes”). Transfer Taxes will be separately itemized on Muller’s invoice and the Buyer will be liable for their full payment.
Unless otherwise specified 100% payment is required before any order will process. Muller may waive prepayment of any Order, and any credit extended to the Customer is done at Muller’s discretion and subject to Muller credit requirements. Any such waiver is a one-time waiver, and does not waive such requirements in the future. On any unpaid balance, Muller may assess late fees and interest any time payment is not received by the date agreed. Interest on unpaid balances will be incurred at the rate of the current Federal Reserve Secured Overnight Financing rates, and compounded monthly.
Returns and Refunds
All Sales are Final, and As-Is, subject to warranties specified below.
As our products are governed by strict quality and safety regulations, we are unable to accept returns or authorize refunds or exchanges unless the products ordered are objectively defective and/or We have made a substantive mistake on your order. Be very careful upon ordering, and be sure to verify your order before submitting, as we cannot accept returns or authorize refunds and exchanges due to a mistake made by you.
All of our orders are thoroughly checked for defects and correct quantities before being packaged and shipped.
Muller bears no responsibility for any issues with orders that have already been opened or left unattended after delivery.
Worn or washed face masks are considered accepted and cannot be returned, refunded, or exchanged.
Specs and Pricing
Any provided information regarding pricing, products, or services is subject to change at any time. Muller reserves the right to make adjustments to pricing and products for any reason. Unless otherwise indicated, prices listed do not include shipping charges, handling fees, taxes and/or applicable duties, or special crating requirements for export shipment.
Shipping and Delivery
Muller is only responsible for orders until they are put into custody of the shipper. If an order is lost or damaged in transit after leaving Muller custody, liability for any resulting loss will lie solely with the shipper.
Product Information, Fitness, and Suitability
Muller may provide Product information, including technical information, specifications, recommendations, literature, and other materials for Buyer’s convenience. With the exception of explicitly stated regulatory certifications, accuracy or completeness of any Product information is not guaranteed and is subject to change without notice. Buyer is solely responsible for evaluating and selecting products and for making the determination as to any product’s suitability or fitness for a particular use or purpose.
3rd Party Payment Processing
If Muller does not receive payment for a Transaction through the Processor, the Buyer agrees to pay all amounts due directly to Muller.
Muller warrants that Muller masks, when used according to instructions, and in the reasonably intended manner and purpose, will be free of defects in workmanship and materials, and will perform in accordance with Product specifications. This warranty does not cover damage from misuse, unintended usage, failure to follow instructions, any modifications of the product, other defects not related to materials or workmanship, or any deterioration due to aging of any component resulting from improper storage of the Product, undue exposure to the heat, sun, water, chemicals, or other deteriorating elements. The determination as to what constitutes normal use is solely within Muller’s discretion. Any warranty claim requires the claimant to provide proof of purchase, the allegedly defective product (in a condition allowing for Muller to do appropriate testing and analysis), and the claim must be made within one (6) months of purchase. Failure to follow these guidelines for a claim waives any right to make a claim. Warranty claims are limited to direct purchasers from Muller, unless specific exceptions are made with the buyer to offer such warranty to their purchasers. Such exceptions must be explicitly stated in writing at the time of purchase from Muller.
This warranty is the sole warranty available to the Buyer. Muller excludes all implied conditions and other warranties except any implied condition of warranty the exclusion of which would violate any law or cause any part of this warranty to be void.
To the fullest extent permitted by law Muller disclaims all liability for any direct, indirect, special, incidental, or consequential damages including but not limited to any health related claims or loss of profits, arising out of the sale or use of the Product.
This warranty does not exclude or limit the application of any provision of any law.
If a Product does not conform to this warranty, the Buyer’s sole and exclusive remedy is, at Muller’s option, repair, or replacement of the nonconforming Product.
Muller and its affiliates hereby expressly disclaim all warranties and conditions, either legal, express or implied, arising from statute, course of dealing, usage of trade or otherwise, related to this site or the Products, including, without limitation, any warranty of merchantability, merchantable quality, quality or fitness for a particular purpose, or warranty of non-infringement.
Limitation of Liability
Notwithstanding anything to the contrary, Muller’s liability is limited to the replacement value of the products purchased by Buyer, and then only in the case, that payment has been fully received by Muller. Except to the extent prohibited by law, Muller is not liable for direct, indirect, incidental, special, punitive, or consequential damages (including, but not limited to, lost profits, revenue, business, opportunity, or goodwill) that directly or indirectly arise from or relate to any Muller products, regardless of the legal position that may otherwise be in the contrary including, but not limited to, warranty, contract, negligence, fraud, or strict liability.
Unless otherwise specified to the contrary in an executed contract signed by Muller, or as noted above in the case of purchase of Products by a Buyer, Muller’s aggregate liability shall not exceed one-hundred dollars ($100.00) in aggregate.
The Buyer’s failure to give notice of any claim within 10 days from the date of delivery will constitute an unqualified acceptance of the Products and a waiver by the Buyer of all claims with respect to the Products, with the exception that claims arising under the warranty above, for issues that would have been impossible to identify at the time of delivery, may be brought within six months of delivery, or ten (10) days after discovery, whichever is earlier.
All terms, transactions, agreements and sales with Muller, or through this website, are governed by Nevada law. By entering into any agreement, transaction, or order, You consent to the laws of the State of Nevada governing such transaction, agreement, or order, without regard to conflicts of laws principles, and such jurisdiction will apply to all matters relating to the use of this site and the purchase of Products. Likewise, by entering into any agreement, transaction, or order with Muller, or on this site, You consent to venue for any dispute relating to such agreement, transaction, or order, exclusively in Clark County, Nevada.
Unless specified to the contrary below, any conflict between Parties will be subject to the following dispute resolution processes: (i) good faith negotiations conducted for a minimum period of 60 days (ii) escalation if necessary to a mutually agreed upon mediation program to be held in Clark County, Nevada before a neutral mediator jointly selected and paid for by the parties within 60 days of written request of a parties desire to utilize mediation and (c) as a last resort, binding arbitration subject to the guidelines outlined by the rules of the American Arbitration Association. By undertaking any transaction, order, or agreement with Muller, or through this site, You consent to the authority of the arbitrator assigned, and understand that they are waiving Your right to bring any dispute arising under this agreement before a court of law. Any arbitration of the matter must be substantially consistent with the laws of the United States and of the State of Nevada. Any arbitration decision that does not substantially comply with Nevada and United States law may be appealed to the appropriate court in
All parties agree to waive rights to litigation and or jury trial for all reasons, other than for Muller whom will have the sole right to use litigation as a measure to ensure payment for Products delivered. For clarity, in the event of any failure by Buyer to remit payments due to Muller, Muller shall have no restriction as outlined in this clause above and may pursue any and all means of remedies including litigation in the Courts of Clark County, Nevada.
The waiver of any term, condition or provision hereof shall not be construed to be a waiver of any other such term, condition or provision, nor shall such waiver be deemed a waiver of a subsequent breach of the same term, condition or provision. Buyer shall not assign its rights or obligations under this Customer Order without the prior written consent of Muller. Clerical errors, whether in mathematical computations or otherwise, made by Muller on the Customer Order or any other forms delivered to Buyer shall be subject to correction. Any modification to a Customer Order or these terms hereof, to be valid, must be in writing and executed by both parties.
Relationship of Parties
Nothing in this Agreement creates any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between the Parties.
Each Party (as such, the “Indemnifying Party”) agrees to defend, indemnify and hold harmless the other Party and its shareholders, affiliates, officers, directors, employees, and agents for, from and against any claim, loss, liability, cost and expense (including, without limitation, costs of investigation and reasonable attorney’s fees), directly or indirectly relating to, resulting from or arising out of any breach of a representation, warranty or covenant or any action or failure to act arising out of this Agreement by the Indemnifying Party or its shareholders, Affiliates, Representatives, officers, directors, employees, and agents.
The Quote, Order and these terms and conditions constitute the entire agreement and understanding between the customer and Muller concerning the subject matter hereof and supersede any previous agreements or understandings with respect thereto, including any oral statements made by Muller representatives or any alternate terms supplied by Buyer to Muller unless otherwise agreed to by Muller in writing. To the extent that anything in or associated with the site is in conflict or inconsistent with these terms and conditions, these terms and conditions control. You understand that if You believe there is any agreement or terms other than those contained here, or in writing in the Order or Quote, You must have those terms clearly stated in writing in the Order, and signed by Muller, or else You should have no expectation that such terms have been agreed to.
Muller reserves the right to change these Terms at any time without notice. Whatever Terms are in place at the time an order, agreement, or transaction is executed are the Terms that will control.