1.-
TERMS AND CONDITIONS
By using this site, you are knowingly and willingly agreeing to
be bound by these Terms of Use, and understand that you are entering
into an electronic agreement. Upon electronic acceptance, these
Terms of Use shall constitute a binding and enforceable contract
between you and LaLucca:
The following Terms of Use govern both your general use of the site
and, when applicable, your use of the site to make purchases of
LaLucca Products.
You agree that while using the Site you will not upload, post or
transmit to or distribute or otherwise publish through the Site
any materials, which in LaLucca’s discretion: (i) are unlawful,
threatening, harassing, profane, libelous, defamatory, inaccurate,
deceptive, or racially or sexually offensive; (ii) restrict or inhibit
any other user from using the Site; (iii) constitute or encourage
conduct that would constitute a criminal offense or give rise to
civil liability; (iv) violate any agreement between you and any
other person or business entity; (v) contain a virus or other harmful
component, advertising of any kind, or false or misleading indications
of origin or statements of fact; or (vi) infringe any third party's
copyright, patent, trademark, trade secret, or other proprietary
right or rights of publicity or privacy.
You agree that you will not: (i) impersonate or misrepresent your
identity or affiliation with any other person or entity, or (ii)
attempt to gain unauthorized access to other computer systems through
the Site.
You are responsible for obtaining and paying for any equipment or
services, including Internet and local phone service access, through
which you can access the Site.
2.- CONTENT
All features, content, specifications, products and prices of products
and services described or depicted on the Web site or are subject
to change at any time without notice. Certain weights, measures
and similar descriptions are approximate and are provided for convenience
purposes only. We make all reasonable efforts to accurately display
the attributes of our products, including the applicable colors;
however, the actual color you see will depend on the printing process
or on your computer system and we cannot guarantee that your computer
will accurately display such colors. The inclusion of any products
or services in the web site at a particular time does not imply
or represent that these products or services will be available at
any time. In addition, we may make changes in information about
price and availability without notice.
2.- PRIVACY
We handle the information you send us via the internet and our Privacy
Policy adapts to the internet's dynamic environment. We keep you
informed by updating this Privacy Policy as our procedures change.
Please review it occasionally to remain informed.
3.- COOKIES
We use cookies to record the visitor's session information (such
as the visitor's shopping selections when ordering) and to record
user-specific information on the pages the visitor selects for viewing.
When a visitor gives us their email address, or sends us email correspondence,
we retain their email address. We do not sell our email lists with
third parties. Please be advised that we will use email addresses
to communicate with you regarding your orders, newsletter, promotions,
sale events and/or other matters of your interest.
We retain information provided by our visitor, such as registration
information, transaction information (e.g., dates on which customers
made purchases, amounts and types of purchases) and contact information.
Visitors, who give us their telephone numbers online, should receive
telephone contact from our representatives regarding orders or requests
they have placed online.
4.- SECURITY
We use industry-standard encryption technologies when transferring
and receiving customer data exchanged with our website server. Furthermore,
purchase transactions are done through a third party gateway, sensitive
data is transferred through a secure server.
5.- HACKERS
It is possible that other users or unauthorized "hackers"
may post or transmit offensive or obscene materials to or from the
Site and that you may be involuntarily exposed to such materials.
It may also be possible for other users or "hackers" to
obtain personal information about you. By using the Site, you assume
the risk of such occurrences.
6.- PURCHASING TERMS AND
CONDITIONS
You acknowledge that although LaLucca has attempted to accurately
depict the colors of all products offered on the Site, the color
displayed is dependent on many different factors including the display
of your computer monitor. As such, LaLucca is not responsible for
any inaccuracies or color variations in the products you purchase
from the Site. Moreover, the products may be depicted larger or
smaller than their actual size depending on your monitor and/or
computer settings. Please also note that since all our products
are handmade, not one is identical to the other. Measurements are
approximate and may vary slightly.
7.- ORDERS
By placing an order, you represent that the products ordered will
be used only in a lawful manner, for individual, personal use and
not for commercial resale or diversion. While it is our practice
to confirm receipt of orders by email, the receipt of an email order
confirmation does not constitute our acceptance of an order or our
confirmation of an offer to sell a product or service. We reserve
the right, without prior notice, to limit the order quantity on
any product or service and/or to refuse delivery or service to any
customer. We also may require verification of information prior
to the acceptance and/or shipment of any order. LaLucca reserves
the right to reject any order. It is your responsibility to ascertain
and obey all applicable local, state, federal and international
laws (including minimum age requirements) in regard to the possession,
use and sale of any item purchased from the Web site.
6.- INTELLECTUAL PROPERTY
You agree and acknowledge that any intellectual property displayed
on the Site, including, but not limited to, LaLucca designs, graphics,
images, and other information is the sole and exclusive intellectual
property of LaLucca. By these means, LaLucca’s intellectual
property, shall not be copied, reproduced, displayed, used, sold
or otherwise distributed without the express prior written consent
of LaLucca company. Information is provided in this website, for
your personal, noncommercial use, including the online purchase
of the merchandise depicted, and for no other purpose.
LaLucca® trademark reserves all of its rights.
7.- RIGHTS IN MATERIALS
The web site design and all text, graphics, logos, audio clips,
video clips, information, content, and other material displayed
on or that can be downloaded from the web site (the "Materials")
are either the property of, or used with permission by LaLucca and
are protected by copyright, trademark and other laws and may not
be used except as permitted in these Terms and Conditions. You may
not modify the Materials in any way or reproduce or publicly display,
perform, distribute (other than through the send feature of the
web site) or otherwise use any of the Materials for any other purpose.
Nothing contained on the web site grants or should be construed
as granting, by implication, estoppels, or otherwise, any license
or right to use any of the Materials. Any unauthorized use of the
Materials may violate copyright laws, trademark laws, laws of privacy
and publicity, and other laws and regulations.
8.- TRADEMARKS
The trademarks, trade names, trade dress, service marks and logos
used or displayed on the web site are registered and unregistered
trademarks of LaLucca. Nothing contained on the web site grants
or should be construed as granting, by implication, estoppels, or
otherwise, any license or right to use
any trademarks, trade names, trade dress, service marks or logos
of LaLucca.
9.- ACCURACY OF INFORMATION
LaLucca attempts to ensure that information on the web site is complete,
accurate and current. Despite our efforts, the information may occasionally
be inaccurate, incomplete or out of date. We make no representation
as to the completeness, accuracy or correctness of any information.
For example, products included on the web site may be unavailable,
may have different attributes than those listed, or may actually
carry a different price than that stated on the web site.
8.- PRICING
In the case of an error on the price of the product you ordered
we will give you the option of reconfirming your order at the correct
price or canceling it. If we are unable to contact you, we will
treat the order as cancelled.
9.- SALES TAX
Local Sale taxes will be applicable for Florida orders only.
10.- SHIPPING
All packages are shipped via FEDEX nationwide. Please expect your
order to arrive within 5 - 7 business days from the date the order
was placed. Shipments to Alaska and Hawaii will arrive in 7 - 10
business days.
The following are the available
Shipping and Handling fees valid for USA:
FedEX Ground: $20
FedEx Express Saver: $40
FedEX 2Day: $50
FedEX Standard Overnight: $60
For rush and/or overnight shipping
services, please contact our Customer Service by e-mail at info@lalucca.com
or by phone at 1.800.579.2350.
For International Orders please contact us by e-mail at customerservice@lalucca.com
or by phone at 305.579.2350.
11.- SHIPPING LIMITATIONS
When an online order is accepted, it will be shipped to an address
designated by the purchaser which must be in the United States of
America, as long as that shipping address is compliant with the
shipping restrictions contained on the web site. Your receipt will
be included in the box with your shipment. All purchases from the
web site are made pursuant to a shipment contract. As a result,
risk of loss and title for items purchased from the web site passes
to you upon delivery of the items to the carrier. You are responsible
for filing any claims with carriers for damaged and/or lost shipments.
For international orders please contact us by e-mail at customerservice@lalucca.com.
11.- RETURNS AND EXCHANGES
If for any reason you are not satisfied with your purchase a Return
Authorization form is enclosed with every package. You need to fill
out the form completely and enclose it with the item(s) you are
returning. Please indicate if you would prefer to receive a refund,
store credit or make an exchange for another product. You can only
return or exchange In Stock items. Shipping charges will apply to
shipments of exchange orders and will be billed to the original
method of payment. Please note that shipping costs will not be subject
to refund. Refunds for items returned within 15 days of the delivery
date will be credited to your credit card account (refunds exclude
shipping costs). There will be absolutely no refunds for items returned
after 15 days of the delivery date. Items must be returned in new
and unused condition, and in its original packaging to assure full
credit. We cannot accept any item for return or exchange, which
bears an indication that it was used. Products worn or damaged cannot
be taken back. If we receive such goods we will charge you $35 and
return the items to you. Any customer doing more than 3 (three)
returns will be taken off our customer list and no further orders
will ever be accepted. In the unlikely event that the merchandise
is damaged or defective, we will replace it at no charge. LaLucca
will not assume responsibility for reimbursement or compensation
in the event that return packages are lost, stolen, or mishandled.
We reserve the right to refuse return of any merchandise that does
not meet the above return requirements in LaLucca sole discretion.
Please send your package, including
your Return Authorization filled form, via a prepaid, insured, traceable
method to ensure a safe and documented delivery to:
LaLucca
1110 Brickell Ave.
Suite #607
Miami, FL 33131
Atn: Returns
12.- THIRD PARTY LINKS
From time to time, the web site may contain links to web sites that
are not owned, operated or controlled by LaLucca or its affiliates.
All such links are provided solely as a convenience to you. If you
use these links, you will leave the web site. LaLucca is not responsible
for any content, materials, products, services or other information
located on or accessible from any other web site. LaLucca does not
endorse, guarantee, or make any representations or warranties regarding
any other web site, or any content, materials, products, services
or other information located or accessible from such web sites,
or any privacy policy or practices, or the results that you may
obtain from using such web sites. If you decide to access any other
web site linked to or from the web site, you do so entirely at your
own risk.
13.- INAPPROPIATE MATERIAL
You are prohibited from posting or transmitting any unlawful, threatening,
defamatory, libelous, obscene, pornographic or profane material,
or any virus, worm, time bomb, Trojan horse, automated device, spider,
crawler, bot, or routine that can collect unauthorized information
or interfere with or disrupt the operations of the web site, or
any material that could constitute or encourage conduct that would
be considered a criminal offense or give rise to civil liability,
or otherwise violate any law. In addition to any remedies that LaLucca
may have at law or in equity, if LaLucca reasonably determines that
you have violated or are likely to violate the foregoing prohibitions,
LaLucca may take any action it reasonably deems necessary to cure
or prevent the violation, including without limitation, the immediate
removal from the web site of such materials. LaLucca will fully
cooperate with any law enforcement authorities or court order or
subpoena requesting or directing LaLucca to disclose the identity
of anyone posting
12. INDEMNITY
You agree to defend, indemnify and hold harmless LaLucca, officers,
directors, employees, agents and licensees from any claims, losses,
damages, expenses, demands, and costs (including without limitation
reasonable attorneys fees), made by any third party arising out
of or relating to your use of the Site, your connection to the Site,
your violation of these Terms of Use, or your violation of any rights
of another.
13.- TERMINATION
You agree that LaLucca may, under certain circumstances and without
prior notice, immediately terminate your right to use or make purchases
through the Site in the event that you breach or violate any of
these Terms of Use; and LaLucca, in its sole discretion, decides
to discontinue access to the Site. You agree that all terminations
shall be made in LaLucca’s sole discretion and that LaLucca
shall not be liable to you or any third-party for any termination
of your account or access to the Site.
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