Terms of use
Terms of Use last updated on: January 05, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES
In this Public Offer, unless the context otherwise requires, the following terms have the following meanings and are an integral part thereof:
The Seller – Lucia Sposa LLC, 1914 Main street (suit 100) Kansas City Missouri 64108
The User – any Individual or legal entity, the visitor of the website, who accepts all terms of this Public Offer and places an order for the Goods.
The Recipient, Buyer for the purposes of this Public Offer Agreement is the Users. The Buyer – any Individual or legal entity, the visitor of the website, who places an order on the website in order to purchase the Goods and thereby confirms his agreement with all the terms of this Public Offer. The Recipient – the person indicated by the User as the one who is authorized to receive the Goods in accordance with the Order. Unless otherwise specified in the Order form, the Recipient is the User. The Website – under this Agreement, the concepts of online store and store, as well as the Internet address www.luciasposabridal.com and all derivatives of the website are equivalent and are interpreted authentically, in the context of the Public Offer. The Goods – the object of the Agreement of the parties; clothes, accessories, and other items presented in the Website.
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to PrivacyOfficer@luciasposabridal.com. You may also contact us by writing to: Lucia Sposa LLC., 1914 Main street (suit 100) Kansas City Missouri 64108
or by calling us at +1(913)709-4615. Additional information for California Residents can be found in our California Consumer Privacy Notes page.
The Seller sells the Goods through the Website. The offer on the website is addressed to an indefinite number of persons and is an invitation to enter into an Agreement. After reviewing the offer, the User has the right to accept the Seller’s offer by filling in the appropriate order form and making a prepayment for the Goods. Payment by the User of the number of funds for the Goods is considered as acceptance of the offer to purchase the relevant goods by the User on the terms
By accessing or using the Website, you agree to be bound by the terms and conditions contained in these Terms and all other operating rules, policies and procedures that we may publish from time to time on the Site, including our Privacy Policy, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Your acceptance of the Terms is indicated by your continued use of the Site. Please read everything here carefully, and be sure to contact us if you have any questions. IF YOU DO NOT AGREE WITH THESE TERMS, OR ANY PORTION OF THESE TERMS (INCLUDING ANY PORTION OF OUR PRIVACY POLICY), YOU MUST NOT ACCESS OR USE OUR WEBSITE.
The current conditions may be changed by the Seller without notice to Users and Buyers unilaterally. The new version of the terms of this Agreement comes into force from the moment of its publication on the website, unless otherwise provided by the Agreement itself or current legislation.
The Agreement is considered concluded from the moment of acceptance of the offer by the User.
It is not considered as acceptance of the Seller’s offer to send by Seller by means of electrical (SMS-information, e-mail, telephone, etc.) or other communication the Seller’s notification of the receipt of the User’s Order and/or the terms of its receipt and/or the price of the Goods. This message is only a notice of receipt of the order by the Seller.
The moment of receipt and acceptance of the Goods by the User is the moment (depending on which came earlier): signing by the Recipient of the act of acceptance-transfer of the Goods (or another document equivalent in content, confirming the fact of transfer of the Goods to the Recipient), or signing by the Recipient of the carrier’s documents confirming the fact of receipt of the shipment containing the Goods, or actual receipt by the Recipient of the Goods and the Recipient’s actions indicating acceptance of the Goods (the Recipient received the Goods and left the delivery point).
Ownership of the Goods passes from the Seller to the Buyer at the time of transfer of the Goods. Confirmation of the transfer of ownership of the Goods is the signature of the Buyer in the invoice (receipt, delivery register, etc.) issued by the Seller, transport, or courier company. The risks of loss or accidental damage to the Goods pass from the Buyer to the Seller at the time of transfer to the transport or courier company.
By informing the Seller of its telephone number and e-mail, the Buyer agrees, and in no way objects, to the use of these means of communication by the Seller and third parties involved by the Seller in the performance of his obligations to the Buyer. The data may be used to disseminate information about the transfer of the order for delivery, as well as other information directly related to the fulfillment of obligations to the Buyer under this Public Offer. By placing the Order the User/Buyer agrees that the Seller may entrust the performance of the Agreement to a third party while remaining responsible for its implementation.
The User is responsible for the accuracy/reliability of the data specified in the Order form. If the inaccurate (incorrect) indication of data in the order has led to additional costs of the Seller associated with the delivery of the Goods to the wrong address or delivery of the Goods that do not belong to the User, all related losses and costs are borne by the User. The Seller has the right to deduct the number of such losses or expenses from the amounts paid by the User as payment for the Goods (to offset counterclaims).
DISCLAIMER
This site, and all materials contained on this site are distributed and transmitted on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose. We do not warrant that: (a) the contents of this site will be accurate, reliable, current or error-free, or that any errors in such contents will be corrected; or mistakes in pricing or other product details will be honored; (b) that this site is free of viruses or other harmful components; or (c) that your use of this site will be uninterrupted. Despite our best efforts, from time to time items on this site may be mispriced. If an item’s correct price is higher than the listed price, we reserve the right, in our sole discretion, to cancel your order and notify you of such cancellation. If a product offered on this site is not as described, your sole remedy is to return it in unused condition.
Limitation of liability
Under no circumstances and under no legal theory (including, but not limited to, negligence) shall we be liable to you or any other person for any damages, whether direct, indirect, special, incidental, consequential, punitive or otherwise that result from, arise out of, or are in connection with the use of or access to, or the inability to use or access, this site or its contents, or any of the services, even if we have been advised of the possibility of such damages.
Links
This site may provide, or third parties may provide, links to other world wide websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
PROMOTIONS
From time to time, we may post a contest, sweepstakes, or other similar promotion (“Promotion”) on our social media websites or the Website. Unless otherwise stated in the Official Rules for such Promotions, and, in addition to and as part of the Terms of Use and Privacy Policy, by participating in any such Promotion you acknowledge and agree to be bound by the following terms:
- 1. No purchase necessary to win;
- 2. Any applicable taxes are to be paid by Promotion winner;
- 3. Void where prohibited;
- 4. Eligibility limited to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older;
- 5. Employees of Lucia Sposa LLC, its parent, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win;
- 6. Our decisions and/or the decisions of judges with respect to any aspect of the Promotion are final;
- 7. Judges, if any, are qualified;
- 8. We are not responsible for lost, late, misdirected, incomplete, inaccurate, delayed, garbled, stolen or illegible entries or postage-due mail;
- 9. Entries in excess of the stated entry limitations will be void;
- 10. Mass entries or mechanical reproductions are void;
- 11. Prizes cannot be transferred, redeemed for cash or substituted, except by Lucia Sposa LLC who reserves the right to substitute a prize of comparable or greater value;
- 12. Prizes will not be awarded if we do not receive a sufficient number of eligible and qualified entries;
- 13. Entries must be original and become the property of Lucia Sposa LLC upon submission;
- 14. We reserve the right to verify eligibility qualifications of any potential winner and such potential winner agrees to cooperate in such verification when asked.
- 15. Unless otherwise stated, Promotions are in no way sponsored, endorsed or administered by, or associated with, Facebook or any other Social Media Host (as defined above). You understand that you are providing your information to us and not to Facebook or any other Social Media Host. The information you provide will only be used for the purposes outlined in our Privacy Policy.
- 16. A person who accepts a prize as a winner in any Promotion (as defined below), or posts Submitted Materials to any of our social media websites, except where legally prohibited, such person grants permission for us and our designees to use his/her name, address (city and state), photograph, voice and/or other likeness and, if applicable, prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
SOCIAL MEDIA SITES AND MOBILE SITES
See Privacy Policy for additional terms governing our Social Media Sites and Mobile Sites.
DISPUTES AND ARBITRATION AGREEMENT
Any dispute or claim relating in any way to the Services, including products or services sold or distributed through our websites and catalogs, any dealings with us and our customer service agents, any representations made by us, and/or your use of our websites (including without limitation claims relating to the Terms of Use, Privacy Policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual basis. This includes any dispute or claim you assert against our subsidiaries, affiliates and assigns. This also includes any dispute or claim that arose before you accepted these revised Terms of Use.
Unless you proceed with a small claims action, the Federal Arbitration Act and federal arbitration law will apply. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless we both agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described below. Without limiting the foregoing, if for any reason a claim proceeds in court rather than in arbitration, WE EACH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s (“AAA”) rules, except as provided in this section. If your total claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
If a dispute arises, we strongly encourage you to first contact our Customer Service Department before starting arbitration or filing a claim in small claims court. We value our relationships with our customers and will try to resolve your claims informally and quickly.
If your dispute is not resolved by Customer Service, before beginning arbitration, please send written notice describing the claim to the Office of the General Counsel at the following address:
Lucia Sposa LLC
1914 Main street (suit 100) Kansas City Missouri 64108
Email: contact@luciasposabridal.com
If the claim has not been resolved within 30 days of sending the notice, you may then commence an arbitration proceeding. The arbitration will be conducted by the AAA under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes.
NOTIFYING US OF CLAIMED COPYRIGHT INFRINGEMENT
If you wish to notify us of an alleged copyright infringement for material posted on the Site, to be effective, your notice must be a written communication to our designated agent that complies with Section 512(c)(3) of the U.S. Copyright Act. Please consult your legal advisor. Your notice must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. The best method is to provide a URL in the body of an email.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Lucia Sposa LLC
1914 Main street (suit 100) Kansas City Missouri 64108
Email: contact@luciasposabridal.com
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
COUNTER-NOTIFICATION
If you elect to send us a counter-notice, to be effective, your counter-notice must be a written communication to our designated agent that complies with Section 512(g)(3) of the U.S. Copyright Act. Please consult your legal advisor. Your counter-notice must include substantially the following:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber‘s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber‘s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Such written notice should be sent to our designated agent as follows:
Lucia Sposa LLC
1914 Main street (suit 100) Kansas City Missouri 64108
Email: contact@luciasposabridal.com
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
OTHER
If any of the Terms of Use are unlawful, void, or for any reason unenforceable, then that term shall be deemed severable from the other terms and shall not affect the validity and enforceability of any remaining terms. These Terms of Use constitute the entire agreement between us relating to the subject matter herein.