TERMS & CONDITIONS
Terms And Conditions For The Supply Of Products
This page (together with the documents referred to on it) tells you the terms and conditions on which We sell any of the products (Products) listed on our website
You should print a copy of these terms and conditions for future reference.
Your attention is drawn to clauses 9 and 11.
, regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, do not use this Website.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. Do not use the services on this website, including purchasing any items, until and unless you have read these Terms & Conditions and have agreed to them.
1 Information About Uswww.theluckylabel.com
is a site operated by Lucky Label Company (“We”). Our email address is: firstname.lastname@example.org
2 Service Availability
We ship worldwide however some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found on our Delivery Information
3 Your Status
By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least 16 years old; and,
- You are resident in one of the Serviced Countries.
4 How The Contract Is Formed Between You And Us
- After placing an order, you will receive an e-mail from us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to availability and acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when We send you the Dispatch Confirmation.
- We will not process your order until payment has been received in full in accordance with the provisions of clause 7.
- If you make a mistake with your order, you may be able to correct any mistakes made by email prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the Products to us in accordance with our Returns Policy
- The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
- We are entitled to refuse any order made by you for any reason.
- When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
6 Availability And Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
If you wish to dispute delivery of your order, you have 14 days starting from the day that the tracking status for you order is updated by the carrier as fulfilled (i.e. updated as delivered to the address set out in the Dispatch Confirmation). We reserve the right to request evidence, before issuing any refund of the price paid and/or any associated delivery costs.
7 Price And Payment
- The price payable for the Products shall be as shown on the Website. Delivery charges are shown separately when ordering and must also be paid in advance.
- Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order.
- Prices are subject to change without notice but changes will not affect orders which We have already accepted.
- Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Debit, Mastercard
- The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
8 Our Returns Policy
For details on refunds, please refer to our Returns Policy
9 Our Liability
- If We do not deliver or if the Products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
- make good any shortage or non-delivery or incorrect delivery; or
- replace or repair any Products that are damaged or defective; or
- refund to you the amount paid by you for the Products in question.
If you discover that your Product is faulty after 14 days We reserve the right to request evidence, such as images of the defect, before issuing any refund of the price and/or any associated delivery charges.
- We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
- Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
- Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which We are not permitted to exclude or limit as a matter of law.
- Nothing in this contract shall exclude or limit your statutory rights.
- A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
10 Dispute Resolution, Binding Arbitration and Class Waiver
1. IF YOU'RE A U.S. RESIDENT, YOU AND WE ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS: WE BOTH AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS OR DISPUTES IN COURT OR BEFORE A JURY, EXCEPT FOR DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO YOUR INFRINGEMENTS OR OTHER VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR ANY CLAIMS FOR INDEMNIFCATION BROUGHT OR ALLEGED BY US AGAINST YOU PURSUANT TO CLAUSE 12 OF THESE TERMS.. WE ALSO BOTH GIVE UP THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM OR DISPUTE. ADDITIONALLY, OTHER RIGHTS YOU MAY HAVE IF YOU WENT TO COURT ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. FOR CLARITY, THIS CLAUSE 10 REGARDING BINDING ARBITRATION AND RELATED RIGHTS AND RESTRICTIONS, INCLUDING GIVING UP RIGHTS TO BRING OR PARTICIPATE IN ANY CLASS ACTION CLAIMS, IS APPLICABLE TO ALL CLAIMS AND DISPUTES BETWEEN YOU AND US, EXCEPT FOR ANY CLAIMS OR DISPUTES BETWEEN YOU AND US THAT ARISE OUT OF OR RELATE TO YOUR INFRINGEMENTS OR VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR YOUR OBLIGATIONS TO INDEMNIFY US PURSUANT TO THESE TERMS.
2. BY EXPRESSLY AGREEING TO THESE TERMS AND BY USING ANY SERVICES OF OUR SITE, YOU AGREE THAT, EXCEPT FOR ANY CLAIMS OR DISPUTES THAT ARISE OUT OF OR RELATE TO YOUR INFRINGEMENTS OR VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR YOUR OBLIGATION TO INDEMNIFY US, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
3. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
4. The arbitrator will have exclusive authority to resolve any disputes relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision, or any part of it, or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
5. We will be responsible for paying any individual consumer’s initial arbitration fees. But, unless any of the claims brought affords the prevailing party an award of attorneys’ fees, and the arbitrator makes a determination to award reasonable fees to the prevailing party under the fee-shifting provided by applicable law, each party will bear its/his/her own attorneys’ fees.
6. You agree to an arbitration on an individual basis. In other words, in any dispute or resolution of claim, NEITHER YOU NOR US WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PARTIES OR CUSTOMERS IN COURT OR IN ARBITRATION, OTHERWISE PARTICIPATE IN ANY CLAIM BROUGHT AS A CLASS ACTION OR CLASS ARBITRATION, OR PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You and We agree that the arbitrator or arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator or arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may be raised only in a court of competent jurisdiction.
7. If any provision of this arbitration agreement set forth in this Section 10 is found to be unenforceable or otherwise void or invalid, the unenforceable, void, or invalid provision will be severed from this Section, and the remaining arbitration terms will be enforced.
11 Intellectual Property Rights
All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS theluckylabel.COM LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND AFFILIATES, FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES) AGAINST PRETTYLITTLETHING.COM LTD ARISING FROM, WITHOUT LIMITATION, (i) YOUR BREACH OF THESE TERMS AND CONDITIONS FOR ONLINE SALES, (ii) YOUR INFRINGEMENT OF ANY OF OUR INTELLECTUAL PROPERTY RIGHTS; (iii) YOUR INFRINGEMENT OF ANY OTHER RIGHT OF ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, DEFAMATION OF SUCH PERSON OR ENTITY, OR VIOLATIONS OF SUCH PERSON’S OR ENTITY’S INTELLECTUAL PROPERTY OR PRIVACY RIGHTS, (iv) YOUR BREACH OF ANY DUTY OF CONFIDENCE OR PRIVACY OWED TO PRETTYLITTLETHING.COM LTD OR (v) ANY FALSE STATEMENTS OR CLAIMS MADE BY YOU IN ANY FORM ABOUT PRETTYLITTLETHING.COM LTD OR ABOUT ITS PRODUCTS OR SERVICES. NOTE THAT THE ARBITRATION PROVISIONS OF CLAUSE 10 DO NOT APPLY TO ANY INDEMNIFICATION CLAIMS OR ACTIONS BROUGHT AGAINST YOU BY US PURSUANT TO THIS SECTION.
13 Import Duty
- If you order Products from our site for delivery outside the Ukraine, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
14 Written Communications
Applicable laws require that some of the information or communications We send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not
affect your statutory rights.
All notices given by you to us must be given to us at email@example.com
. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16 Transfer Of Rights And Obligations
- The contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17 Events Outside Our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
- If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.