TERMS AND CONDITIONS
1. INTRODUCTION AND ACCEPTANCE OF TERMS
Welcome to lazycharms.com. These Terms and Conditions (hereinafter referred to as “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your,” or “User”), and the owner and operator of lazycharms.com (“we,” “us,” or “our”), concerning your access to and use of the lazycharms.com website, including any associated media channels, mobile applications, or online services connected thereto (collectively, the “Site”).
By accessing, browsing, or using this Site, and/or by placing an order through the Site, you acknowledge that you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with any part of these Terms, you must refrain from using our Site and services immediately .
We reserve the right, in our sole discretion, to update, change, modify, or replace any part of these Terms at any time without prior notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
2. ELIGIBILITY AND USER REPRESENTATIONS
By using the Site, you represent and warrant that: (a) you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this Site; (b) you have the legal capacity to agree to these Terms; (c) you will not use the Site for any illegal or unauthorized purpose; and (d) your use of the Site will not violate any applicable laws or regulations in your jurisdiction .
If you register for an account on our Site, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password . We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
3. INTELLECTUAL PROPERTY RIGHTS
All content, features, and functionality available on the Site—including but not limited to text, graphics, logos, images, button icons, audio clips, data compilations, software, and the compilation thereof (collectively, the “Content”)—is our property or the property of our licensors and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws .
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content for personal, non-commercial shopping purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as incidental to normal web browsing or as necessary to make a purchase. You must not use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws .
4. PRODUCT INFORMATION AND AVAILABILITY
We strive to display the colors, images, and descriptions of our products as accurately as possible on the Site. However, we cannot guarantee that your computer monitor’s display of any color, texture, or detail will be accurate. We do not warrant that the descriptions of products or other Content on the Site are accurate, complete, reliable, current, or error-free .
All products are subject to availability. We reserve the right to discontinue any product at any time. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion .
In the event that we make a change to or cancel an order, we will attempt to notify you using the contact information provided at the time the order was made. We reserve the right to refuse or cancel any order containing any error, inaccuracy, or omission, whether or not the order has been confirmed and your payment method charged .
5. PLACING ORDERS AND CONTRACT FORMATION
The information displayed on our Site regarding products constitutes an “invitation to treat.” Your order submitted through the Site constitutes an offer by you to purchase the products specified in your order. No contract exists between you and us for the sale of any products until we have received your order and sent you an email confirming that your order has been accepted and is being processed (the “Order Confirmation”) .
We reserve the right to refuse or accept any order for any reason at any time. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
6. PRICING AND PAYMENT
All prices posted on our Site are quoted in the applicable currency and are subject to change without notice. While we strive to ensure all prices are accurate, errors may occur. If we discover an error in the price of a product you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be treated as canceled .
We accept various forms of payment as indicated on the Site. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge the full amount of the order (including any applicable taxes and shipping charges) to such payment method. All payments are subject to validation and authorization by the payment provider.
7. SHIPPING, DELIVERY, AND TITLE
Our shipping and handling charges are indicated on the Site during the checkout process. Risk of loss and title for products purchased from us pass to you upon our delivery to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
Any delivery dates or times provided are estimates only. We are not liable for any delays in shipments. We do not generally deliver to all geographic locations and reserve the right to determine feasible delivery locations.
8. RETURNS, REFUNDS, AND CANCELLATION
Please review our separate Return and Refund Policy, which is incorporated by reference into these Terms. The Return and Refund Policy governs the return of products purchased through the Site.
In accordance with applicable consumer protection laws, you may have a statutory right to withdraw from a contract within a certain number of days. Our Return Policy provides details on how to exercise these rights . We reserve the right to deny refunds or returns if products are returned in unsalable condition or after the stipulated period. If the marked price of a product is significantly lower than the market price due to an error, we reserve the right to cancel the sale and demand the return of the goods .
9. ACCEPTABLE USE AND PROHIBITED ACTIVITIES
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
- To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity.
- To engage in any other conduct that materially limits the functionality of the Site.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation .
- To upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use of the Site .
10. THIRD-PARTY LINKS AND RESOURCES
The Site may contain links to other websites or resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them . If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
11. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED . TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT .
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS .
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE OR ANY PRODUCTS PURCHASED THROUGH THE SITE .
IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE USE OF THE SITE OR ANY PRODUCTS PURCHASED THROUGH THE SITE EXCEED THE AMOUNT PAID BY YOU TO US FOR THE PRODUCTS PURCHASED THROUGH THE SITE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us, our affiliates, and our respective officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Site; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your actions caused damage to a third party .
14. TERMINATION
We reserve the right to terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including, without limitation, a breach of the Terms .
If you wish to terminate your account, you may simply discontinue using the Site or follow the instructions on the Site to delete your account. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability .
15. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the jurisdiction in which we operate, without regard to its conflict of law provisions.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the applicable courts located within our jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
17. WAIVER
No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
18. ENTIRE AGREEMENT
These Terms and any policies or operating rules posted by us on the Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
19. CONTACT INFORMATION
For questions or concerns regarding these Terms, you may wish to contact us through the appropriate channels provided on our Site.