THE MELODY OF FRUIT™
THE MELODY OF FRUIT™
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Terms & Conditions — Rapha Maya, LLC
Effective date: July 6, 2016
Last updated: November 15, 2025
These Terms & Conditions (the “Terms”) govern your access to and use of www.raphamaya.com (the “Site”) and any purchase of non‑alcoholic beverages and confectionery products (“Products”) sold by Rapha Maya, LLC (“Rapha Maya,” “we,” “us,” or “our”). By accessing the Site or placing an order, you agree to these Terms.
1) Who We Are
• Company: Rapha Maya, LLC
• Jurisdiction: Michigan, USA
• Contact: service@raphamaya.com
• Postal: Saginaw, MI 48602, USA
2) Eligibility & Accounts
• The Site is intended for individuals 13+. If you are under 18, you may use the Site only with a parent/guardian’s involvement.
• You may be able to create an account. You are responsible for maintaining the confidentiality of your login and for all activity under your account. Notify us immediately of unauthorized use.
3) Changes to These Terms
We may update these Terms from time to time. The “Last updated” date will reflect the latest version. If changes are material, we will provide additional notice as required by law. Your continued use of the Site after changes means you accept the new Terms.
4) Products, Pricing & Availability
• Product descriptions, images, nutrition/allergen information, and pricing may change without notice. We try to be accurate, but errors may occur; we may correct any errors and cancel or refuse orders affected by errors.
• Prices are in U.S. dollars and exclude shipping and handling unless stated otherwise.
• We may limit quantities, discontinue Products, or substitute items of comparable value if an item is unavailable.
5) Orders & Payment
• Offer & Acceptance. Your order is an offer to buy; acceptance occurs when we send a confirmation or ship the Products.
• Payment. We accept payment via Square and may authorize your card at checkout. You agree to pay all charges, including applicable shipping. We do not store full payment card numbers or CVV; payment processors handle your payment data per their policies.
• Fraud & Abuse. We may refuse or cancel any order, verify identity, and limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.
6) Shipping & Delivery (United States)
• Territory. We ship direct‑to‑consumer within the United States (including Alaska and Hawaii). We do not ship internationally at this time.
• Timing. Orders generally ship in 2–3 days and may take up to two weeks depending on product selection, stock levels, and that many items are made fresh to order.
• Estimates. Shipping windows are estimates and not guarantees; carrier delays and events outside our control may occur.
• Risk of loss. Risk of loss and title transfer when the order is delivered to the address you provided. Please ensure your address is accurate and secure.
• Tracking. We’ll provide tracking when available.
• Carriers. Shipments are fulfilled via UPS and USPS.
7) Temperature‑Sensitive & Fragile Items — Hot/Cold Weather Options
Product format & packaging. Our products include non‑alcoholic fruit beverages in 2 oz glass bottles (each hermetically sealed) and wafers with fruit‑purée filling, each individually hermetically sealed in a clear pouch and typically packed in a 6‑pack carton. Packaging may vary, but all food items are sealed at time of packing.
Tamper‑evident & safety. Do not consume any item whose seal is broken, punctured, or leaking upon delivery. Contact us within 48 hours of delivery with your order number and photos so we can investigate and, at our discretion, replace or credit the affected item(s). Photos must show the outer box, inner packaging, and the product.
Glass & fragility. Glass bottles are fragile. We pack to carrier guidelines, but breakage can occur in extreme conditions. We will assist on carrier‑confirmed in‑transit damage reported within 48 hours with photos.
Temperature‑sensitive measures (before shipment). To preserve product quality in hot or cold weather, we may use one or more of the following:
• Insulation / gel packs. Added packaging to help control temperature. Additional fee varies by box size/weight/destination.
• Weather hold. Temporary delay to avoid excessive heat or freezing conditions (including weekends/holidays that increase exposure).
• Expedited service upgrade. Offer a faster carrier service when heat/freezing risk is elevated. Additional carrier charges apply.
We will email you the options and pricing (when applicable) and will apply fees or upgrades only with your approval. If we cannot reach you promptly, we may place a weather hold and ship at the next suitable window. After delivery, we are not responsible for melting or freezing damage due to conditions at the delivery location; please retrieve packages promptly.
Handling & storage. Follow any label directions (e.g., refrigerate after opening; best‑by date; shake gently). Quality depends on prompt retrieval after delivery.
8) Returns, Refunds & Exchanges — All Sales Are Final
• All sales are final. We do not accept returns or exchanges.
• Damaged or wrong items: If your order arrives damaged or you receive the incorrect item, contact us within 48 hours of delivery with your order number and photos. We will investigate and, at our discretion, issue a replacement or credit. We will assist on carrier‑confirmed in‑transit damage. Photos must show the outer box, inner packaging, and the product.
• We do not provide refunds for carrier delays, melting/freezing damage after delivery, or if packages are lost or stolen after delivery confirmation.
9) Promotions, Credits, Gift Cards & Prepaid Vouchers
• Gift Cards (Digital or Physical). If offered, gift cards do not expire, carry no fees, and are redeemable for eligible products and shipping on our Site. Delivery options include digital (code emailed to purchaser) and physical (plastic card mailed within the U.S.; street addresses only; no P.O. boxes). Postage may apply for mailing a physical card and will be shown at checkout. Not redeemable for cash (except where required by law). Not reloadable. Not replaceable if lost or stolen; please safeguard your card/code. Not for resale. May not be used to purchase other gift cards or vouchers.
• Prepaid Vouchers (Double‑Value Offer). From time to time we may sell a prepaid voucher that provides a redemption value equal to 2× the purchase price (e.g., pay $50, redeem $100). Vouchers do not expire.
– Redemption start: Vouchers purchased on or before January 1, 2026 are not redeemable until January 1, 2026. Vouchers purchased after January 1, 2026 are redeemable at issue.
– Use: May be applied to eligible products only. Vouchers cannot be used for shipping and may not be used to purchase other vouchers or gift cards. No cash redemption (except where required by law). Not reloadable. Not replaceable if lost or stolen; please safeguard your code. Not for resale.
– Limits & fraud prevention: We may limit quantities per customer/order, delay or refuse redemption pending fraud screening, and void vouchers obtained fraudulently.
• Other Promotions. Promotions and discount codes are subject to their own terms and are valid for a limited time. One offer per order unless stated otherwise.
10) Communications; Text Messaging
By providing your mobile number and (a) placing an order or (b) requesting SMS contact, you consent to receive order & shipping texts from us at 989-279-0400. For limited‑time promotional (“Hot Drops”) messages, we require a separate opt‑in. Consent is not a condition of purchase. Msg & data rates may apply. Reply STOP to cancel and HELP for help. Messages are delivered via GoDaddy Conversations using 10DLC (local US number); carriers are not liable for delayed or undelivered messages.
11) Intellectual Property & License
All content on the Site (text, graphics, logos, product images) is owned by or licensed to Rapha Maya, LLC and protected by law. Certain product formulas, processes, packaging designs, and related materials are protected intellectual property and/or the subject of pending U.S. patent applications. The “Harmonic System” methodology and related content are protected by registered U.S. copyright. No license is granted to use our intellectual property without written permission.
12) User Content (Reviews, Comments)
If you submit reviews, comments, photos, or other content (“User Content”):
• You grant Rapha Maya, LLC a non‑exclusive, worldwide, royalty‑free license to use, reproduce, modify, and display the User Content in connection with the Site, Products, and marketing.
• You represent that you own or control the rights to your User Content and that it does not infringe any third‑party rights or violate law.
• We may remove or edit User Content at our discretion.
13) Acceptable Use
You agree not to: (a) use the Site for unlawful purposes; (b) attempt to interfere with or compromise the Site’s security; (c) harvest or scrape data without permission; (d) use bots or automation to place orders; (e) misrepresent your identity; or (f) reverse engineer any part of the Site except as allowed by law.
14) Third‑Party Services
The Site may link to or integrate with third‑party services (e.g., payment processors, carriers). Those services are governed by their own terms and privacy policies, which you should review. We are not responsible for third‑party services.
15) Health & Allergen Notice
Our Products are non‑alcoholic; ingredients and allergen disclosures are provided where available. Always read labels. Individuals with allergies or dietary restrictions should exercise caution. Information on the Site is general and not medical advice.
16) DISCLAIMER OF WARRANTIES
THE SITE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.
17) LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, RAPHA MAYA, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE ORDER AT ISSUE IN THE 12 MONTHS BEFORE THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; THE ABOVE MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
18) Indemnification
You agree to indemnify, defend, and hold harmless Rapha Maya, LLC from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, your misuse of the Site, or your infringement of any rights.
19) Force Majeure
We are not liable for delays or failure to perform due to events beyond our reasonable control, including weather, natural disasters, labor issues, acts of government, or carrier disruptions.
20) Governing Law; Venue
These Terms are governed by the laws of the State of Michigan, without regard to conflict‑of‑laws rules. Venue is Saginaw County, Michigan, to the extent a dispute is not subject to arbitration.
21) Dispute Resolution — Binding Arbitration (Saginaw County, Michigan)
YOU AND RAPHA MAYA, LLC AGREE TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCTS THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS IN SAGINAW COUNTY, MICHIGAN, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES. THE FEDERAL ARBITRATION ACT (FAA) GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT.
• Class and Jury Waiver: You and we waive any right to a jury trial or to participate in a class action, class arbitration, or representative proceeding.
• Small‑Claims Option: You or we may bring an individual action in small‑claims court in Saginaw County, Michigan.
• Injunctive Relief: Either party may seek temporary or preliminary injunctive relief in court to protect rights pending arbitration.
• Opt‑Out: You may opt out of this arbitration clause within 30 days of your first purchase by emailing service@raphamaya.com with the subject “Arbitration Opt‑Out” and your name and order number.
22) Notices
We may provide notices by posting to the Site, sending email to the address associated with your order or account, or by mail to the address you provided.
23) Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
24) Severability; Waiver
If any provision is found unenforceable, it will be severed and the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver of our rights.
25) Entire Agreement
These Terms constitute the entire agreement between you and Rapha Maya, LLC regarding the Site and Products and supersede prior agreements or understandings.
26) Contact
• Questions about these Terms: service@raphamaya.com
• Postal: Saginaw, MI 48602, USA
Copyright © 2025 Rapha Maya, LLC - All Rights Reserved.