Terms of service

Milk & Butterflies - Terms of Service

Last Updated: May 25, 2025

Welcome to Milk & Butterflies! These Terms of Service ("Terms") govern your use of our website, including any subdomains thereof, and any other websites through which Milk & Butterflies makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Services"). The Site, Application and Services together are hereinafter collectively referred to as the “Milk & Butterflies Platform”.

These Terms constitute a legally binding agreement ("Agreement") between you and Milk & Butterflies (hereinafter referred to as "Milk & Butterflies," "we," "us," or "our"), governing your access to and use of the Milk & Butterflies Platform.

By accessing or using the Milk & Butterflies Platform, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Milk & Butterflies Platform.

1. Eligibility

To use the Milk & Butterflies Platform, you must be at least 18 years old, or the age of legal majority in your jurisdiction, and capable of forming a binding contract. If you are under 18, you may use the Milk & Butterflies Platform only with involvement and approval of a parent or guardian.

2. About Milk & Butterflies

Milk & Butterflies provides an online platform for the sale of cosmetic products ("Products"). We operate exclusively online and do not have a physical retail location for customers.

3. Product Information & Disclaimers

●     Product Descriptions: We strive to ensure that all information, descriptions, images, and pricing of Products displayed on the Milk & Butterflies Platform are accurate. However, we do not warrant that the product descriptions, colors, information, or other content available on the Site are accurate, complete, reliable, current, or error-free. The appearance of colors may vary depending on your monitor and device settings.

●     Ingredients: We list ingredients for our Products on the Product packaging and/or on our Site. Please review the ingredient lists carefully before using any Product. If you have known allergies or sensitivities, do not use Products that may cause a reaction. We recommend performing a patch test before applying any new cosmetic product to a larger area of skin.

●     For External Use Only: All cosmetic Products sold by Milk & Butterflies are for external use only unless otherwise specified.

●     Not Medical Advice: Information provided on the Milk & Butterflies Platform, including any information regarding product benefits or skincare routines, is for general informational purposes only and does not constitute medical advice. Our Products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Consult with a healthcare professional for any health concerns or before making any decisions related to your health or treatment.

●     FDA Compliance: Milk & Butterflies endeavors to comply with all applicable regulations set forth by the U.S. Food and Drug Administration (FDA) for cosmetics.

4. Orders, Pricing, and Payment

●     Order Acceptance: All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or issues identified by our fraud detection services.

●     Pricing: All prices are listed in U.S. Dollars. Prices are subject to change without notice. Applicable sales tax will be added to your order total based on your shipping address and the current tax rates in Florida and/or your local jurisdiction.

●     Payment: We accept various forms of payment as indicated at checkout. You represent and warrant that you have the legal right to use any payment method(s) utilized in connection with any transaction. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of transactions.

5. Shipping and Delivery

●     Shipping Policy: We will ship Products to the address you provide during the order process, in accordance with our then-current shipping policy. Shipping and handling fees, as well as estimated delivery times, will be provided at checkout.

●     Risk of Loss: The risk of loss and title for Products purchased pass to you upon our delivery to the carrier. We are not responsible for lost or stolen packages once they have been confirmed as delivered by the carrier.

●     International Shipping: At this time, we may or may not ship to locations outside the United States. Please check our current shipping policy or contact us for details. If international shipping is offered, you are responsible for any customs, duties, or taxes imposed by the destination country.

6. Returns, Refunds, and Exchanges

Please refer to our separate [Link to Your Return Policy Page] for detailed information on our return, refund, and exchange process. Due to the nature of cosmetic products, some restrictions may apply for hygiene reasons.

7. User Accounts

●     Account Creation: You may be required to create an account to access certain features of the Milk & Butterflies Platform. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

●     Account Responsibility: You are responsible for safeguarding your account password and for any activities or actions under your account, whether or not you have authorized such activities or actions. You agree to notify us immediately of any unauthorized use of your account.

●     Account Termination: We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Milk & Butterflies Platform, us, or third parties, or for any other reason.

8. Intellectual Property Rights

The Milk & Butterflies Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Milk & Butterflies, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

"Milk & Butterflies" and all related names, logos, product and service names, designs, and slogans are trademarks of Milk & Butterflies or its affiliates or licensors. You must not use such marks without the prior written permission of Milk & Butterflies. All other names, logos, product and service names, designs, and slogans on this Milk & Butterflies Platform are the trademarks of their respective owners.

9. User Conduct and Prohibited Uses

You agree not to use the Milk & Butterflies Platform:

●     In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

●     To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Milk & Butterflies Platform, or which, as determined by us, may harm Milk & Butterflies or users of the Milk & Butterflies Platform or expose them to liability.

●     To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

●     To impersonate or attempt to impersonate Milk & Butterflies, a Milk & Butterflies employee, another user, or any other person or entity.

●     To engage in any other conduct that, in our sole judgment, is objectionable or that may harm Milk & Butterflies or its users.

10. Privacy

Your use of the Milk & Butterflies Platform is also governed by our Privacy Policy [Link to Your Privacy Policy Page], which details how we collect, use, and disclose your personal information. Please review it carefully.

11. Disclaimers of Warranties

THE MILK & BUTTERFLIES PLATFORM AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, NEITHER MILK & BUTTERFLIES NOR ANYONE ASSOCIATED WITH MILK & BUTTERFLIES REPRESENTS OR WARRANTS THAT THE MILK & BUTTERFLIES PLATFORM, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE MILK & BUTTERFLIES PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE MILK & BUTTERFLIES PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MILK & BUTTERFLIES PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MILK & BUTTERFLIES, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MILK & BUTTERFLIES PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE MILK & BUTTERFLIES PLATFORM OR SUCH OTHER WEBSITES, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE MILK & BUTTERFLIES PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE MILK & BUTTERFLIES PLATFORM OR PRODUCTS WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MILK & BUTTERFLIES FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless Milk & Butterflies, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Milk & Butterflies Platform, including, but not limited to, any use of the Milk & Butterflies Platform's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Milk & Butterflies Platform.

14. Governing Law and Jurisdiction

All matters relating to the Milk & Butterflies Platform and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Milk & Butterflies Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in South Florida, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Dispute Resolution; Arbitration

At Milk & Butterflies' sole discretion, it may require You to submit any disputes arising from these Terms or use of the Milk & Butterflies Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

16. Changes to Terms of Service

We reserve the right to revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Milk & Butterflies Platform thereafter. Your continued use of the Milk & Butterflies Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

17. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Milk & Butterflies regarding the Milk & Butterflies Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Milk & Butterflies Platform.

18. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

19. Waiver

No waiver by Milk & Butterflies of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Milk & Butterflies to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Contact Information

If you have any questions about these Terms, please contact us at:

Milk & Butterflies

Email: admin@milkandbutterflies.com

Legal Disclaimer:

The information provided in this Terms of Service document is for general informational purposes only, and does not constitute legal advice. Milk & Butterflies is not a law firm and does not provide legal services. You should consult with a qualified legal professional to ensure that your Terms of Service are compliant with all applicable laws and regulations and are tailored to your specific business needs and circumstances. Your use of this template does not create an attorney-client relationship between you and Milk & Butterflies or any of its employees or representatives.