TERMS OF USE & CONDITIONS

These Terms of Use and Conditions constitute a legally binding contract between the customer (“you”) and Luffoliate and apply to the ordering, purchasing, fulfilment and delivery of the domain name Luffoliate.com (“Website”).

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about ordering, processing, fulfilment and delivery of goods.

You agree to be bound by the Terms and Conditions by accessing the Website, regardless of whether you create an account or make a purchase.

If you breach any of the Terms and Conditions, you are prohibited to continue using the Website.

If you do not agree with any part of these Terms and Conditions you must leave this Website immediately.

These Terms and Conditions may be updated periodically by Luffoliate. Revisions will be posted to this page. You agree to be bound by any revisions.

Definitions

“Goods” means those goods available from Luffoliate Website.

“Order” means an Order for goods placed via the Website.

“Taxes” means any taxes (including goods and services tax and other value added taxes), levies, imposts, charges and duties (including stamp and transaction duties, import and export duties) imposed by any authority together with an related interest, penalties, fines and expenses in connection with them in relation to a transaction contemplated under these Terms and Conditions.

Us Emailing You

As a condition of creating an account with Luffoliate, you consent to us sending you Administrative Emails and Promotional Emails. In this document:

  1. a) “Administrative Emails” involve details of account activity and purchases you have made.

  2. b) “Promotional Emails” consist of product information, new offers and information about Luffoliate. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button at the bottom of our emails and following the instructions.

Ordering our Product

You may place an order with Luffoliate through our website.

When you place your order, you will receive a confirming email regarding placing your order. Please note that this is not a confirmation that your Order has been accepted.

By placing an order, you offer to purchase the product you have selected, based on these Terms and Conditions.

Luffoliate will make every effort to supply the product you have selected, or other products you have selected for purchase.

We will notify you that your order is being processed by sending an order confirmation email to you. We do not formally accept your offer until your order has passed our internal validation procedures for:

  1. Verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud; and

  2. Confirming with our suppliers that they are able to supply the product you have selected.

If for any reason we cannot process or accept your order after payment is received we will contact you by email or telephone.

You agree that, if your offer is accepted by Luffoliate in accordance with these Terms & Conditions, in addition to contracting with Luffoliate in relation to the purchase of certain products, you are also separately contracting with Luffoliate to arrange for the delivery of those products to your address.

You agree and acknowledge that, if your offer is accepted by Luffoliate in accordance with these Terms & Conditions that Luffoliate is contracting to arrange for the delivery of the relevant products to your address. Luffoliate is considered the importer of record in respect of those products and you must comply with all laws and regulations of the country in which you are receiving the products.

Luffoliate and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Customer’s Responsibility

You agree not to post or transmit to the Website any material which:

  1. is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary;

  2. is not properly licensed for use on this Website;

  3. violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;

  4. constitutes or encourages an illegal act — including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world;

  5. infringes on the rights of a third party in any country in the world; or

  6. Has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, Trojans, worms, corrupted data or other malicious data or code).

You agree to not attempt to “hack” the Website or any other websites you do not own. This includes without limitation, trying to guess users passwords, “phishing”, accessing “hidden” URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.

You may not reverse engineer, decompile, or disassemble the Luffoliate design. You agree that Luffoliate owes no royalty or license fee to you or any third party for use of material which is posted or transmitted to the Website.

Access to Luffoliate

Luffoliate may assign you a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with these Terms and Conditions. Luffoliate has no obligation to investigate the authorization or source of any such access or use of the Website. You are solely responsible for all access to and use of the Website by anyone using the password and identification originally assigned to you whether or not such access to and use of the Website is actually authorized by you, including without limitation all, communications and transmissions and all obligations (including without limitation financial obligations) incurred through such use of access. You are solely responsible for protecting the security and confidentiality of the password and identification information assigned to you. You will immediately notify Luffoliate of any unauthorized use of your password or identification or any other breach or threatened breach of this Website’s security.

Purchases

If you decide to purchase a product from the Website, you agree to promptly pay the complete purchase price (including all applicable taxes/fees/shipping costs). If you make any purchase in a currency other than your local currency, you may be charged a currency conversion fee, foreign transaction fee and/or processing fee by your bank, credit card provider or financial institution. You acknowledge that if you trigger a “chargeback” through your credit card provider we reserve the right to no longer conduct business with you.

 

Special Offers

You acknowledge that all discounts arising from promotional offers are applied to transaction amounts only before any applicable sales tax and existing account credit or gift certificate credit are applied to the total amount of your order.

Only one promotional offer can be used per order.

Luffoliate reserves the right to verify the validity of the promotional offers redeemed by you at any time. If we have reason to believe that there has been unauthorized use of a promotional offer then we can revoke this offer and cancel your order at our discretion.

Returns-Refunds

Our returns policy for goods can be found under our Return Policy.

Fraud by Credit Card

Luffoliate, through our transaction providers and PayPal, employs the Secure Sockets Layer (SSL) technology to protect transactions with our customers. However Luffoliate will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner as a result of using our (Luffoliate) Website.

 

Inventory

Subject to these Terms and Conditions, we will supply to you the products indicated on your order confirmation.

When selecting your product, the images displayed are a representation only, the actual product that is made for our customers may slightly differ to the represented images. Your ability to return the product is subject to the Luffoliate Return Policy.

When your order items have been processed, we will email you to confirm shipment of each item.

For cases where product/s are shipped, but unexpectedly held up by independent shipping carriers and as a consequence do not meet the shipping time frame, Luffoliate will not be responsible for the delay shipping or additional charges.

For cases where product/s are shipped, but the delivery is not successful because no-one is present to sign for delivery, causing delivery to fail or be returned, the customer will be responsible for shipping charges.

 

Delivering product

Luffoliate makes every effort to deliver your product purchased from our Website (www.luffoliate.com) according to the estimated delivery times provided at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.

Every effort is made to ship your order according to the estimated delivery times provided. Estimated ship times may vary or change due to changes in supply or circumstances beyond our control. If your product has not arrived after the estimated delivery time, please contact us. We are not responsible for shipping carrier delays.

Unless otherwise agreed by us, we will deliver your product/s or other product to the address indicated on your order confirmation. If no-one is available to take delivery of your order, our carrier may leave a card so you can pick-up your product from a third party address. If you grant authorization for our carrier to leave your delivery without a signature, you release Luffoliate and our carrier from all liability. Deliveries lost, stolen or damaged under these circumstances are not covered by the Luffoliate returns policy for return or refund, or by our carrier.

We will use our reasonable efforts to deliver your product to you within the estimated delivery time indicated on your order confirmation; however, we do not guarantee that we will deliver within this time frame. To the extent permitted by law, Luffoliate will not be liable for any delay or inability to deliver your order within the estimated timeframe.

In the United States, Luffoliate is required to collect applicable state and local sales tax  which is state specific, and such taxes will be applied to your order total. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Luffoliate is required to follow the rules of each State. Your final order will include the appropriate State and local taxes, as applicable in the United States.

Social Media Links

Outbound links from this Website are provided for your convenience.

Luffoliate has not reviewed these websites in any great detail, and cannot vouch for the content on these pages. You agree to access these links entirely at your own risk.

General Information

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Luffoliate. Any unauthorized assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.

Neither our failure nor your failure to enforce any part of these Terms and Conditions constitutes a waiver of such Terms and Conditions. Such failure will in no way affect the right to later enforce a part of these Terms.

Luffoliate reserves the right to change the Terms and Conditions at any time.

Luffoliate employee or agent has the authority to change or modify any of the Terms and Conditions.

Force Majure

Luffoliate shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Luffoliate, and Luffoliate will be entitled to a reasonable extension of time for the performance of such obligations.

Disclaimer and Liability

Whilst every effort has been made to ensure the information contained within this Website is correct, Luffoliate makes no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an “as is” basis.

Luffoliate, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.

Governing Law and Severability

This contract will be governed by the laws of New Jersey, U.S.A. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.

If a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.

Luffoliate, the importance of protecting your privacy is paramount. We promise to do everything in our power to ensure you shop with us with confidence.

This document describes how we collect, use, disclose and safeguard your personal information. If you have any questions relating to this policy, please do not hesitate to contact us.

What is Personal Data?

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not, and whether the information is recorded in a material form or not.

HOW WE COLLECT PERSONAL INFORMATION

We strive to only collect personal information necessary to conduct business as a premier retailer/wholesaler of Luffoliate and related products.

The type of personal information we collect includes:

  • your full name and contact details (such as phone and email),

  • the name, address and contact details of the person who will take delivery of the product,

  • your billing information,

  • Any personal information you disclose to us when you complete an online form on our website (Luffoliate.com), or send us via email.

USING AND DISCLOSING YOUR PERSONAL INFORMATION

Any personal information which is collected will be used and disclosed only to provide you with the products and services you’ve requested, or otherwise to carry out our business including communicating information about our products and services to you.

We will not under any circumstances disclose information about you to a third party unrelated to our business, unless such a disclosure is authorized or required by law, or you have expressly consented to such a disclosure.

If you are subscribed to receive promotional material from us, we may send you such material periodically. You may unsubscribe from receiving this material at any time.

We may periodically send all members surveys or company announcements. These messages are separate to our newsletters, but you may also unsubscribe at any time by following the included instructions.

3rd Party Advertising

Third party vendors, including Google, show our ads on sites on the internet.

Third party vendors, including Google, use cookies to serve ads to you based on your prior visits to our Website.

You may opt out of Google’s use of cookies by visiting the Google advertising opt-out page.

Editing Your Own Personal Information

We will take all reasonable steps to ensure any personal data we collect, use or disclose is up to date and accurate.

Your personal information is accessible and editable by logging in to your Luffoliate account. You may log in and edit this information at any time.

 

Securing and Storing your Personal Information

We are committed to maintaining the confidentiality of the information you have provided to us and we take all reasonable precautions to protect your personal information from unauthorized use or alteration.

Your personal information may be stored by us both electronically and in hard copy form. We take all necessary measures to ensure the security of your information in both these forms.

Overseas Disclosure

We may, in the course of providing products and services, disclose personal information to overseas entities.

Those overseas entities are likely to be located in the following countries: United States, Canada, Japan and China.

Additional Questions

If you would like more information about the way we manage your personal information please contact us.

Changes to Your Private Policy

From time to time it may be necessary for us to revise our privacy policy. Any changes will be made and posted on our Website. Please refer to our Privacy Disclosure on our website (Luffoliate.com).

MAILING LIST TERMS & CONDITIONS

As a condition of joining our mailing list, you consent to us sending you Promotional Emails. In this document, ‘Promotional Emails’ includes product information, new offers and information about Luffoliate. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button at the bottom of our emails.

Please note that, to the extent that they are applicable, our general terms & conditions (above) and privacy policy also apply to members of our mailing list.

If you do not agree with any part of our privacy policy or any of our Terms and Conditions, you must leave this Website immediately.

Copyright © 2018 Zahabian Enterprises, LLC

All Rights Reserved 

 

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