Effective Date: August 1, 2025
Last Updated: August 1, 2025
1. Overview
These Terms of Service ("Terms") govern your use of the website operated by DivideNPac LLC dba by Myriad ("we," "us," "our," or "by Myriad") located at www.bymyriad.com (the "Service").
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service.
2. Definitions
- "Service" refers to the website operated by by Myriad and all related services
- "You" refers to the individual accessing or using the Service
- "Products" refers to any goods, including handbags, organizer bags, and accessories offered through our Service
- "Order" refers to your request to purchase Products from us
- "Content" refers to text, images, videos, and other materials on the Service
3. Acceptance of Terms
By accessing and using this website, you accept and agree to be bound by these Terms. When using specific services or features, you may be subject to additional posted guidelines or rules applicable to such services.
4. Products and Services
4.1 Product Information
We strive to provide accurate product descriptions, sizing, color representation, and material information for our products featuring patented organizational compartment technology. However, we do not warrant that product descriptions, colors, or other content is accurate, complete, reliable, current, or error-free. Colors may vary slightly due to monitor settings and lighting conditions.
4.2 Pricing
All prices are in U.S. dollars and subject to change without notice. We reserve the right to modify or discontinue any product at any time. Prices do not include applicable taxes or shipping costs unless otherwise specified.
4.3 Availability
We reserve the right to limit quantities of products offered and to refuse service to anyone at our sole discretion. Some products, particularly in our House of Alimena and Limited Edition collections, may be made-to-order or have limited availability.
5. Orders and Payment
5.1 Order Acceptance
Your order constitutes an offer to purchase products from us. We reserve the right to accept or decline your order for any reason, including product availability, errors in product or pricing information, or suspected fraudulent activity.
5.2 Payment
Payment is due at the time of purchase. We accept major credit cards, debit cards, and other payment methods as displayed on our website. By providing payment information, you represent and warrant that you are authorized to use the payment method.
5.3 Order Confirmation
Once your order is placed, you will receive an email confirmation. This confirmation does not constitute acceptance of your order, nor does it confirm pricing or product availability.
5.4 Order Cancellation
Orders may be cancelled within 2 hours of placement. After this time, orders enter fulfillment and cannot be cancelled.
6. Shipping and Delivery
6.1 Shipping Policy
Shipping costs and delivery times vary based on location and shipping method selected. We provide estimated delivery times, but these are not guaranteed. All products are carefully packaged to prevent damage during transit.
6.2 Risk of Loss
Title and risk of loss pass to you upon delivery to the shipping carrier. Please inspect your order immediately upon receipt and contact us at orders@bymyriad.com within 48 hours if there are any shipping-related damages.
6.3 International Shipping
International customers are responsible for all customs duties, taxes, and fees imposed by their country. Customs processing may delay delivery times. We are not responsible for packages held, delayed, or seized by customs.
7. Returns and Refunds
7.1 Return Policy
We accept returns on full-price items within 15 days of delivery. Items must be:
- Unused and in original condition
- With all tags attached and original packaging intact
- Showing no signs of wear, damage, or alteration
7.2 Non-Returnable Items
The following items are final sale and cannot be returned:
- Sale items and discounted merchandise
- Limited Edition collections
- Gift cards
- DivideNPac food-grade bags
- Personalized or customized items
- Items without original packaging or tags
- Items returned after the 15-day window
7.3 Return Process
To initiate a return, email returns@bymyriad.com within 15 days of delivery with:
- Your order number
- Reason for return
- Photos (if defective or damaged)
Do not ship items back without return authorization.
7.4 Refunds vs. Store Credit
You may choose:
- Store Credit: Full item value, no deductions
- Refund to Original Payment: Item price minus 15% restocking fee, return shipping costs, and original shipping costs
7.5 Processing Time
Once we receive and inspect your return:
- Refunds: 5-7 business days to process
- Store credit: 3 business days to issue
Your financial institution may require additional time to credit your account.
7.6 Defective Items
For items with manufacturing defects or if you received an incorrect item, contact info@bymyriad.com within 48 hours of delivery. We'll provide a replacement or full refund with no restocking fees and cover all shipping costs.
8. User Accounts
8.1 Account Creation
You may create an account to access certain features. You must provide accurate, current, and complete information and update it as necessary.
8.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
8.3 Account Termination
We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.
9. Prohibited Uses
You may not use our Service to:
- Violate any laws, regulations, or third-party rights
- Infringe upon intellectual property rights
- Harass, abuse, defame, or discriminate against others
- Submit false or misleading information
- Upload viruses or malicious code
- Engage in automated data collection (scraping, crawling)
- Interfere with the Service's security features
- Resell products purchased for personal use
- Misrepresent your affiliation with by Myriad
10. Intellectual Property
10.1 Our Content
All content on the Service, including text, graphics, logos, images, audio clips, digital downloads, and software, is the property of DivideNPac LLC dba by Myriad or its content suppliers and is protected by U.S. and international copyright laws. Our patented organizational compartment technology is protected by multiple U.S. patents.
10.2 Trademarks
by Myriad, House of Alimena, Vitale by Myriad, DivideNPac, and associated logos are trademarks of DivideNPac LLC. You may not use our trademarks without prior written consent.
10.3 User Content
By submitting content to our Service (including reviews, photos, or testimonials), you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, modify, publicly display, reproduce, and distribute such content in any media.
11. Privacy
Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices regarding your personal information.
12. Electronic Communications
By using the Service, you consent to receive electronic communications from us. These may include order confirmations, notices, and promotional messages (if you've opted in). You agree that all agreements, notices, and other communications we provide electronically satisfy any legal requirement for written communications.
13. Third-Party Links
Our Service may contain links to third-party websites. We are not responsible for the content, privacy policies, or practices of these sites. We encourage you to review the terms and privacy policies of any third-party sites you visit.
14. Disclaimers
14.1 "As Is" Basis
THE SERVICE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
14.2 No Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14.3 Product Use
We are not responsible for damages resulting from misuse, overpacking, improper storage, or use of products for unintended purposes.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BY MYRIAD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
16. Indemnification
You agree to indemnify, defend, and hold harmless DivideNPac LLC dba by Myriad, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Service or violation of these Terms.
17. California Residents - Special Rights
If you are a California resident, you have specific rights under California law, including:
- The right to request information about our disclosure of personal information to third parties
- Protection under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
- Additional rights under the Unruh Civil Rights Act
18. Accessibility
We are committed to making our Service accessible to all users. If you have difficulty accessing any part of our Service, please contact us at info@bymyriad.com.
19. Dispute Resolution
19.1 Informal Resolution
Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us at info@bymyriad.com.
19.2 Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
19.3 Venue
Any legal action arising from these Terms must be filed in the state or federal courts located in Ventura County, California, and you consent to personal jurisdiction in these courts.
19.4 Small Claims
Either party may bring claims in small claims court if the claims qualify.
20. Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemic, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
21. Digital Gift Cards
21.1 Purchase and Redemption
- Gift cards are redeemable only at www.bymyriad.com
- No expiration date or fees
- Cannot be redeemed for cash except where required by law
- Lost or stolen gift cards cannot be replaced
21.2 Balance Inquiries
Check your gift card balance at www.bymyriad.com or contact info@bymyriad.com
22. Product Care and Warranty
22.1 Care Instructions
Proper care extends product lifespan. Care instructions are provided with each purchase and available on our website.
22.2 Limited Warranty
We warrant our products against manufacturing defects for 1 year from purchase date. This warranty covers:
- Defects in materials or craftsmanship
- Hardware malfunctions under normal use
This warranty does NOT cover:
- Normal wear and tear
- Damage from misuse, accidents, or improper care
- Overpacking or overstuffing compartments
- Water damage or exposure to extreme conditions
- Unauthorized repairs or alterations
23. SMS/Text Messaging
If you opt-in to receive text messages, you consent to receive promotional and transactional messages. Message and data rates may apply. Text STOP to opt-out at any time.
24. Changes to Terms
We reserve the right to modify these Terms at any time. Material changes will be posted on the Service with the updated effective date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.
25. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
26. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and by Myriad.
27. Contact Information
DivideNPac LLC dba by Myriad
1014 S. Westlake Blvd #14-242
Westlake Village, CA 91361
Email: info@bymyriad.com
Phone: 747-777-0374
For returns: returns@bymyriad.com
Last updated: August 1, 2025