By using this website and/or ordering merchandise, or services online or offline you (hereinafter referred to as “You” or the “Client”) agree to the Terms & Conditions as set forth:
REPRESENTATIONS, WARRANTIES, AND COVENANTS OF CLIENT: The Client hereby represents, warrants to the Company and covenants that:
i. The Client is validly existing and in good standing in the state of the organization.
ii. The Client has full corporate power and authority to execute, deliver and perform this Agreement. This Agreement has been duly executed and delivered by the Client and constitutes the legal, valid, and binding agreements of the Client, enforceable against the Client in accordance with its terms
iii. The Client shall not purchase any Lucia & Co. merchandise for resale.
iv. The Client shall not appoint and shall have no authority to appoint any distributors or third parties to sell or otherwise distribute Lucia & Co. merchandise.
v. The Client shall not deliver or sell Lucia & Co. merchandise to the Company’s suppliers.
vi. The Client shall not engage in transshipping of Lucia & Co. merchandise.
vii. The Client is 18 years or older and the age of majority in your place of residence to use, subscribe or register as a member of (or 21 years or older in the event that you place a request for transmission of an order for a product containing alcohol) our Services.
Copyright and Trademark Notice: Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of Lucia & Co., ALL RIGHTS RESERVED. You, The Client, may use the content of this site only for the purpose of reading the information or signing up for products or services on this site and for no other purpose. No materials from this site can be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Links: This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Lucia & Co., or any of its representatives are not responsible for the operation of or content located on or through any such site.
Multiple Product Orders: For a multiple product order, we will make every attempt to email you all products contained in the order at the same time. Products that are unavailable at the time of purchase will be shipped or delivered to you as they become available unless you inform us otherwise. You will only be charged for products contained in a given delivery and for any back ordered items you would like to reserve. You will only be charged for shipping at the rate quoted to you on your purchase receipt, or for the current shipping rate as quoted to us by the carrier of our choice. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
Order Acceptance Policy: Your receipt of an electronic or another form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Lucia & Co. reserves the right at any time after receipt of your order to accept or decline your order or you as a client for any reason.
Out-of-Stock Products: We will ship your product as it becomes available. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment.
Substitutions: Although a great deal of care has gone into the design of the gift and packaging, Lucia & Co. reserves the right to substitutions. In the event that a substitution is to be made, it will either be comparable or an upgrade to the original item at no extra charge.
Promotions: Merchandise not listed in the Exclusions set forth herein may be subject to promotions. Promotions and discounts will not be applied retroactively. Lucia & Co. reserves the right, at its sole discretion to change, limit, or eliminate any offered promotion at any time.
Typographical Errors: In the event, that a product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, Lucia & Co. has the right to refuse or cancel any orders placed for a product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your credit card account in the amount of the incorrect price.
Taxes: Because Lucia & Co. operates out of California, all orders will be charged the current tax rate which will be disclosed in the shopping cart at checkout. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.
Shipping Policy: Shipping Time-Most orders received before 9:00 AMwill ship the next business day, provided the product ordered is in stock. Most orders received after 9:00 AMwill ship the following business day. Larger orders ($100 or more) may take 2-3 days longer to ship, depending on quantities ordered, production and product availability. Orders are not processed or shipped on Saturday or Sunday, except by prior arrangement. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by Lucia & Co. or other parties as only an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.
Credit Cards: We accept the following credit cards: Visa, MasterCard, and Discover. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order and can result in a decline for your payment method. Your credit card will be billed upon receipt of your order. Charges are not refundable once made. We do not accept cashier’s checks or personal checks as methods of payment.
*Payment Authorization: The Client hereby authorizes Lucia & Co. to charge the Client’s credit card or debit card as payment for the Program and/or merchandise selected. Lucia & Co. is hereby authorized to make all charges on or around the time they are due, including separate third party fees (including without limitation, shipping fees); no separate authorization by the Client shall be required. Client shall not change any of the credit card information provided to Lucia & Co. without notifying Lucia & Co. in advance. Lucia & Co. may enter into a payment plan with the Client and allow the Client to submit periodic payments. The Client is, however, responsible for payment of the entire amount agreed upon. Three (3) month minimum commitment with any payment plan. Early termination of entire contract amount may result in repayment of discounts and bonuses extended, and/or prepaid credits forfeited.
NO CHARGEBACKS: The Client acknowledges and agrees that in no event shall the Client make any chargebacks to Lucia & Co.’s account or cancel the credit card that is provided as security without the Company’s prior written consent. The Client shall be responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith.
DISCLAIMERS. ALL GOODS AND SERVICES ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW WITHOUT THE POSSIBILITY OF CONTRACTUAL WAIVER, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE CLIENT IS SOLELY RESPONSIBLE FOR THE SUITABILITY OF THE SERVICES CHOSEN, AND FOR DETERMINING WHETHER THEY MEET THE CLIENT’S NEEDS.
Returns, Refunds & Claims: Lucia & Co. merchandise, shipping, and handling are not returnable or refundable at any time. The term refundable also refers to ‘in-store' credit. Any claims regarding satisfaction of merchandise must be made within twenty-four (24) hours of delivery unless designated a final sale at the time of purchase. If a credit is to be issued, it will only be ‘in-store' credit, which may be used towards a new purchase and will not include any third-party shipping or delivery fees. Any merchandise tampered with, opened, and/or altered by anyone other than the intended recipient is not guaranteed or refundable in any way under any circumstance. Custom-designed merchandise bearing the Client’s logo or name is not refundable unless it does not conform to agreed specifications. Any additional alterations including custom flavoring or coloring of pieces are non-refundable. Excess or habitual claims may subject you to the closure of your personal and/or business account. Third-party products are not refundable and should always be considered a final sale.
Privacy: We keep your information private and secure. We value you and will never sell, rent, or disclose your information. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and password. We use this information to process your orders, keep you updated on your orders, and personalize your shopping experience. Our secure servers protect your information using advanced encryption techniques and firewall technology. To keep you informed about our latest offers, we may notify you of current promotions, specials, and new additions to the company website. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us. When you enter a contest or drawing you are also included in our newsletter list to receive notice of promotions, specials, and new additions to the website. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.
We use “cookies” to keep track of your current shopping session to personalize your experience so that you may retrieve your shopping cart at any time. Please note that unsubscribing from one mailing type may remove you from all mailings unless you specify on your request.
ALL GOODS AND SERVICES ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW WITHOUT THE POSSIBILITY OF CONTRACTUAL WAIVER, LUCIA & CO. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
LIMITATION OF LIABILITY: Except as expressly required by applicable law without the possibility of contractual waiver, (a) neither Lucia & Co. nor any of its employees, consultants, agents, representatives, suppliers, licensors or affiliates shall be liable for any punitive, indirect, special, incidental, or consequential loss or damage of any kind, or for any lost profits, lost business, lost revenue, lost opportunities, damage to goodwill, even if the party has been advised or should be aware of the possibility of such damages, and regardless of whether the claims are based in contract, tort, strict liability, infringement, or any other legal or equitable theory; and (b) the maximum aggregate liability of Lucia & Co. and its employees, consultants, agents and representatives, suppliers, licensors and affiliates to the Client and the Client’s affiliates under any theory of liability, whether in contract, tort, strict liability, infringement or otherwise, will not exceed the total amount you actually paid to Lucia & Co. for goods or services.
INDEMNIFICATION: The Client agrees to indemnify and hold harmless the Company and the Company’s affiliates, and each of their respective officers, directors, agents, representatives, employees, and consultants from and against any and all claims, requests for injunctive relief, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) arising out of or related to any of the following: (i) a breach by the Client of this Agreement, (ii) the negligence or willful misconduct of the Client, and (iii) claims by the Client’s affiliates, including without limitation, the Client’s customers, agents, representatives, officers, directors, employees, and consultants. The Company will provide the Client with written notice of the existence of any basis for indemnification. The Company will have the right to select counsel with respect to any indemnified matter. Amounts due under this Section 15 shall be paid as incurred and may be offset against other amounts due under this Agreement.
FORCE MAJEURE: The Company shall not be held liable for failure or delay of performance under this Agreement if such failure or delay is due to any event beyond that party's control, including the act of God, acts of nature, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, and any other unforeseeable circumstances beyond the control of the Company.
MEDIATION: If any claim, dispute, or controversy arises out of this Agreement, the Parties shall first attempt to resolve such claim, dispute, or controversy through direct discussions between executives of the parties. If it is determined that the claim, dispute, or controversy cannot be resolved on terms satisfactory to the parties, the parties shall submit the claim, dispute, or controversy to non-binding mediation. The request to mediate may be made by either party consistent with the mediation rules of the American Arbitration Association (“AAA”). The mediation shall be held within sixty (60) days of notice of the request on the other party and the AAA.
BINDING ARBITRATION: Any claim, dispute, or controversy arising out of this Agreement that has not been resolved through mediation set forth above, shall be decided by arbitration in accordance with the arbitration rules of the AAA then in effect unless the parties mutually agree otherwise. The award of the arbitrator(s) shall be final and binding upon the parties without the right of appeal to the court. Judgment may be entered upon it in accordance with applicable law by any court having jurisdiction thereof. The venue for any such mediation or arbitration shall be in Orange County, California. The prevailing Party in any arbitration shall be entitled to recover from the other party reasonable attorneys’ fees and expenses incurred, including expert fees, by the prevailing party.
SEVERABILITY: Should any part, term, or provision of this Agreement be held void, illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining parts or provisions of this Agreement shall remain in full force and effect.
GOVERNING LAW: These Terms & Conditions shall be enforced and interpreted under the laws of the State of California without regard to its conflicts of laws principles.
Other Conditions: These conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether Lucia & Co. signs them or not. We reserve the right to make changes to this site and these Conditions at any time without notice.
*Applicable to any subscription plans, offline order accounts, Soft Accounts, and Direct Purchase accounts.