Terms and Conditions
1. Products, Pricing, Orders
The Products and the features, contents, specifications, availability, and prices of the Products are subject to change at any time without notice. This Website may contain pricing, typographical or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without notice. We attempt to show the colors of the Products on the Website as accurately as possible; however, we cannot guarantee that the color you see matches the actual product color. Products included on this Website may be unavailable and/or may have different attributes than those described on this Website.
You agree to follow all applicable local, state, federal and international laws in regard to your use of this Website and your possession, use and sale of any Product. By placing an order, you represent that the Products ordered will be used only in a lawful manner. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We reserve the right, without prior notice, to limit the order quantity on any Product, to reject any order, and/or to cancel any order at any time. We may require verification of information prior to the acceptance and/or shipment of any order. Any payments you make to Lapine for orders that are cancelled by Lapine will be refunded.
When making a purchase through this Website, you represent and warrant that: (a) you are at least 18 years of age or the age of majority, where older under local law; (b) all information you provided during the ordering process is true and accurate; (c) you will not permit third parties to access your account 2 information; and (d) you are the cardholder of any credit or debit card you provide to us your use of this Website.
In order to access certain features of this Website, you may be required to create an account (an “Account”) by providing your full name and email address and choosing a password.
If you fail to keep your Account information current, complete and accurate, you acknowledge that we may not be able to contact you. You can update your information through the My Account page.
When an order is placed, it will be shipped to the address designated by you as long as that shipping address is compliant with any applicable shipping restrictions (note that orders can only be shipped to addresses in the United States). For all purchases made on or through this Website, risk of loss and title for items purchased on or through this Website pass from us to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
5. Sales / Use Taxes
We may be required to collect sales or use tax for certain purchases. A purchase is not exempt merely because it is made over the Internet or by other remote means. Whether sales or use tax will be collected on a given purchase and the amount of the tax charged depends on a number of factors including whether we are subject to a tax collection obligation in that state or region. You may be responsible for any taxes not collected by us. Certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of the applicable taxing authority. The amount of any sales, excise or other taxes, if any, applicable to the Products shall be added to the purchase price and shall be paid by you unless you provide us with an exemption certificate acceptable to the taxing authorities.
6. Returns and Cancellations
Once placed, orders may not be cancelled. All returns of Products are subject to the Lapine Returns Policy
All materials contained on this Website (including all photographs‚ images‚ text‚ graphics‚ audio clips, software‚ source code and other aspects thereof‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of this Website) are the copyrighted property of Lapine or our third-party licensors.
All trademarks, service marks and trade names, including, but not limited to, the Lapine marks, as well as the marks of our suppliers, Brand Partners and other customers, or other third parties, are proprietary to 3 Lapine or the applicable owner of the mark and are protected by state, federal and international trademark laws.
No materials from this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our prior express written permission. The content and information posted by us on this Website may be used by you only for informational, personal, or other purposes authorized by us. You may not reverse engineer, decompile, or disassemble this Website, or any other material or technology available in connection with this Website. You agree not to circumvent or attempt to circumvent any security measures associated with this Website; use any robot, spider, scraper or other automated means to access this Website; insert any code or product or manipulate the content of this Website in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with this Website, including any software viruses or any other computer code, files or programs.
We always appreciate your feedback or other suggestions about this Website, including, without limitation, ideas for additional Products, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
8. Warranty, Disclaimers
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (i) THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY; AND (ii) WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR AVAILABILITY OF THIS WEBSITE.
PRODUCTS OFFERED ON THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, IF ANY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PRODUCTS OFFERED OR SOLD ON THIS WEBSITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, PRODUCT ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, YOUR TYPOGRAPHICAL ERRORS IN CONNECTION WITH PERSONALIZATION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY. TO THE EXTENT ANY SUCH STATE LAW APPLIES TO YOU‚ THE LIMITATION DESCRIBED HEREIN MAY NOT APPLY TO YOU.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL WE (INCLUDING OUR RELATED PARTIES) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE OR ANY SITES LINKED FROM THIS WEBSITE, OR THE PRODUCTS AVAILABLE THROUGH THIS WEBSITE, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO RESPONSIBILITY IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, COMPUTER VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR DEVICE, DATA, OR OTHER PROPERTY DUE TO YOUR USE OF THIS WEBSITE OR DUE TO YOUR DOWNLOADING OF ANY CONTENT ON THIS WEBSITE OR ON ANY WEBSITE LINKED TO IT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS IN ACCORDANCE WITH OUR RETURN POLICY https://lapineinc.com/returns/.
IN ANY EVENT, ANY CLAIM AGAINST US SHALL BE LIMITED TO THE GREATER OF THE AMOUNTS YOU PAID TO US FOR THE PRODUCT(S) FROM WHICH YOUR CLAIM OF LIABILITY ARISES OR ONE HUNDRED UNITED STATES DOLLARS.
12. Law and Jurisdiction; Class Action and Jury Trial Waiver; Miscellaneous Legal Terms
Waiver of Right to Class Action and Jury Trial. We and you agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither we nor you will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No action, arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected actions, arbitrations or proceedings. We both also expressly waive the right to a trial by jury.
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