|
Welcome to the Lucci, Inc. ( "the Company") website! If you visit
or shop at this Website ( "the Website"), you agree to the following terms.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE.
The website may refer to certain services, programs, or products that are not available
worldwide, without specifically limiting the offers as such. Such reference does not
imply that the Company intends to offer such service or programs in all countries or locations.
By using the Website, you agree to these terms of use, all applicable laws
and regulations (including export and re-export control laws), and agree that
you are responsible for compliance with any applicable local laws. If you do
not agree to these terms of use, please do not use the Website. We reserve the
right, in our sole discretion, to change, modify, delete or otherwise alter
portions of these terms at any time. Any such change, modification, deletion
or alteration shall be effective immediately upon posting the same on the Website.
Please check these terms periodically for changes. Your continued use
of the Website following the posting of such changes means you accept
those changes.
Please review our Privacy Notice.
You should assume that all content you see or read in the Website, such as
text, images, buttons, logos, graphics, garment designs, is copyright of the
Company or some third party who licensed to the Company the right to use such
material and fully protected under Unites States and International laws. Unless
otherwise expressly noted, nothing you read or see on the Website may be copied
or used except as provided in these Terms and Conditions or with the prior written
approval of the Company. Please use the "Contact Us" link to request
authorization for such use.
The trademarks, service marks, logos and graphics ("the Trademarks") appearing
on the Website are registered and unregistered Trademarks of Lucci, Inc. or others.
Partial list of the Conmpany include: LUCCI BABY™, LUCCI KIDS™, LUCCI
TEENS™, LUCCI JEANS™, "FOR A BRIGHT NEW LIFESTYLE"™.
If you use the Website and create a customer account, you are responsible for maintaining
the confidentiality of your account and password and for restricting access to your computer,
and you agree to accept responsibility for all activities that occur under your account or
password. Lucci, Inc. only engages in business with adults over 18 years of age. If you are
under 18, you may use the Website only with involvement of a parent or guardian and all
purchases should be made under the parent or guardian's customer account. The Company
reserves the right to refuse service, terminate accounts, remove or edit content, or cancel
orders in it's sole discretion.
THE MATERIALS IN THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION
SERVICES OR OTHER SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE
SERVER(S) THAT MAKES THE COMPANY WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
Pricing
THE COMPANY IS NOT RESPONSIBLE FOR ERRORS IN ITEM PRICING ON THE WEBSITE AND RESERVES
THE RIGHT TO MODIFY PRICING DUE TO ERRORS AND/OR SYSTEM MALFUNCTIONS WITHOUT CUSTOMER
COMPENSATION OF ANY KIND.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY
BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE MATERIALS IN THE WEBSITE, EVEN IF THE COMPANY OR A COMPANY
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
Governing Law
The Company is headquartered in Doral, Florida, United States of America. You
agree that these terms of use shall be governed by and construed in accordance
with the laws of the State of Florida without regard to its conflict of law
provisions.
You consent to the exclusive jurisdiction and venue of the courts in, and agree that
any action at law or in equity arising out of or relating to these terms shall be filed
only in, the state or federal courts located in Dade County, Florida. You hereby
consent and submit to the personal jurisdiction of such courts for the purposes of
litigating any such action. If any provision of these terms shall be unlawful, void,
or for any reason unenforceable, then that provision shall be deemed severable from
these terms and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between us relating to the subject matter
herein and shall not be modified except in writing, signed by both parties.
|
