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TERMS AND CONDITIONS

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.



© 2010 LALUCCA  WEBSITE DEVELOPED BY SILVA HEEREN CUSTOMER SERVICE  |  TERMS & CONDITIONS
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