Terms of Services

Terms of Services

Text Marketing & Notifications

By consenting to NEW MILANI GROUP LLC’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at customerservice@milanicosmetics.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy https://www.milanicosmetics.com/pages/privacy-policy to determine how we collect and use your personal information.

Dispute Resolution:  Settlement Conference, Mediation, Arbitration and Class Action Waiver Agreement:

By using or purchasing NEW MILANI GROUP LLC products or services, you agree any controversy, claim, action, or dispute between you and NEW MILANI GROUP LLC arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of NEW MILANI GROUP LLC’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (with each such controversy or claim being a “Claim”), shall be resolved through the process described below.

Settlement Conference and Mediation: 

You agree to participate in a settlement conference at a mutually agreed time and place, with the option of participating in the conference remotely.  At the settlement conference, the parties will exchange applicable documents and information in an attempt to resolve the Claim.  Our exchanges of documents and information will be confidential as will the outcome of the conference.  Each side will bear their own costs, including attorneys’ fees and expenses, for the settlement conference.  If the settlement conference does not resolve the Claim, you agree to participate in a non-binding mediation at a mutually agreed time and place, with the option of participating in the mediation remotely.  For the mediation, you may select the mediator but the mediator must be unbiased and qualified to serve in that capacity as it relates to our Claim.  Each side will pay for 50% of the cost of the mediator.  If you do not attend the mediation or fail to mediate in good faith (as determined by the mediator), you will have waived all claims as they relate to the Claim, including for attorneys’ fees or costs.  Like the settlement conference, the mediation will be confidential as will the outcome of the mediation.

Arbitration:

If mediation does not resolve the Claim and you have not waived your Claim on completion of mediation, you agree to participate in binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.

Arbitration Procedures:

Claims shall be heard by a single arbitrator. The parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the California, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of NEW MILANI GROUP LLC’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 10000 W. Washington Blvd. Suite 210 Culver City California 90232 United States. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with NEW MILANI GROUP LLC. You are responsible for ensuring NEW MILANI GROUP LLC’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and NEW MILANI GROUP LLC agree that you may bring or participate in Claims against NEW MILANI GROUP LLC only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and NEW MILANI GROUP LLC agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Privacy Policy

Text Marketing & Notifications

We value your privacy and the information you consent to share in relation to our SMS marketing service. We use this information to send you text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us.Opt-in data and consent for text messaging will not be shared with any third parties except for messaging partners,for the purpose of enabling and operating our text messaging program.

Opt-in data and consent for text messaging will not be shared with any third-parties except for messaging partners, for the purpose of enabling and operating our text messaging program.

Our website uses cookies to keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via SMS.

If you have already set up your Terms of Service and Privacy Policy, make sure they include all elements listed above.

These are the key elements necessary for creating and setting up your Terms of Service and Privacy Policy for SMS marketing in Shopify. Don’t hesitate to go to our Knowledge Base for more useful articles, or contact us if you have any questions or feedback.

LAST UPDATED AND EFFECTIVE: July 1, 2026