Terms and Conditions

 

IMPORTANT NOTICE:

Please read these Terms and Conditions (these "T&Cs") carefully before you start to use luceandarmelle.com (“our website”).  By using our website, you accept and agree to be bound and abide by these T&Cs, our Privacy Policy, and any other agreements between you and us regarding your use of our website.  If you do not agree to these T&Cs, our Privacy Policy, or any other agreement between you and us regarding your use of our website, then you must not access or use our website.  These T&Cs should be read in conjunction with our Privacy Policy.

 

Welcome to luceandarmelle.com, thank you for visiting us.

Legal Information

Parikko, LLC, d.b.a. Luce and Armelle (“the Company”) provides luceandarmelle.com (‘our website”) as a service to its users.  Please review the following basic rules that govern your use of our website.  As the Company may revise these T&Cs at any time, you should visit this page periodically to review the terms of your use of our website.  Should you have any questions concerning any of our policies, please contact us at contact@luceandarmelle.com.

Our website is expressly owned and controlled by the Company.  The mailing address for the Company is 12 Surrey Road, Newton, MA 02458.  Unless otherwise noted, all design and content featured on our website (including, but not limited to, navigational buttons and images, artwork, graphics, photography, text, and the like) are copyrights, trademarks, trade dress, or intellectual property that are owned, controlled, or licensed by the Company or their business partners.  Our website in its entirety is protected by copyright and applicable trade dress.  All worldwide rights, titles, and interests are reserved.  The contents of our website and our website as a whole are intended solely for your personal, noncommercial use.  Any use of our website and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of the Company.  Do not reproduce, publish, display, modify, sell, or distribute any of the materials from our website or otherwise of the Company.  You may, however, download or electronically copy and print any of the page contents displayed on the site, but please remember that these are available for your personal, noncommercial use only.  Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.

All content that forms a part of our website, including, but not limited to, all text, design, graphics, drawings, photographs, e-mails, photographs, pictures, video, code and software, and all organization and presentation of such content (collectively, the "Content"), could be subject to all proprietary rights provided under intellectual property law including without restriction patent, copyright, trademark, and trade secret laws.

You acknowledge and agree that the ownership right and title to such rights will continue and remain with the Company or its licensors, as the case may be.  You are permitted to view and download a single copy of the Content and print hard copies of pages from our website for your own non-commercial and lawful use; provided, that such copies clearly display the copyright and any other proprietary notices of the Company.  No other copying of our website, in whole or in part, is permitted without the express written consent of the Company.

Certain trade-marks, trade names, words, logos, slogans, and images depicted on our website are the property of their respective owners.  Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of such property.

You agree that you will not distribute the Content for any purpose, including, but not limited to (a) compiling an internal database, (b) redistributing or reproducing the Content by the press or media or through any commercial network, cable, or satellite system, or (c) creating derivative works of, reverse engineering, adapting, translating, transmitting, arranging, modifying, copying, publishing, or making available to any person or otherwise using, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever.  You shall not permit, allow, or do anything that would infringe or otherwise prejudice the intellectual property rights of the Company or its licensors or allow any third-party to access the Content.  These restrictions set forth in these T&Cs shall not apply to the limited extent that they are prohibited by applicable law.

You understand that, except for advertising programs offered by the Company, our website is available for your personal, non-commercial use only.  By submitting any content to the Company or through our website, you represent and warrant that:
• you are the sole author and owner of the intellectual property rights thereto;
• all "moral rights" that you may have in such content have been voluntarily waived by you;
• all content that you post is accurate;
• you are at least thirteen (13) years old; and
• use of the content you supply does not violate our Privacy Policy, these T&Cs, or any other agreement between you and us regarding your use of our website and will not cause injury to any person or entity.


You further agree and warrant that you shall not submit any content:
• that is known by you to be false, inaccurate, or misleading;

• that infringes or could reasonably infringe any third party intellectual property rights, including copyright, patent, trademark, trade dress, trade secret, or other proprietary rights or rights of publicity or privacy;
• that violates any any applicable local or foreign law, statute, ordinance, regulation, rule, code, constitution, treaty, common law, governmental request, court order, or other requirement or rule of law of any governmental authority (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, and false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, obscene, discriminatory, or offensive in any way, or unlawfully threatening or unlawfully harassing to any individual or entity;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites, physical addresses, email addresses, contact information, phone numbers, or any personally identifiable information;
• that contains any computer viruses, worms, or other potentially damaging computer programs, files, or technology; or
• that contains any advertisements, "spam" content, or references to other products, services, offers, or websites.

 

Third Party Websites


If you choose to post or share any ratings, reviews, comments, or communication on a third party website, including any social networking and social booking marking websites, you do so at your own risk.  Such third party websites are independent from the Company, and the Company has no control over and expressly disclaims any liability that may ensue from posting or sharing any content on such third party websites.

Limitation of Liability

Given the unpredictability of technology and the online environment, the Company does not warrant that the function or operation of our website will be uninterrupted or error-free, that defects will be corrected, or that our website or the server that makes it available will be free of viruses or other harmful elements.  As a visitor to, and user of, our website, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our website.  As a visitor to, and a user of, our website, you, in effect, agree that your access will be subject to the terms and conditions set forth in these T&Cs, our Privacy Policy, and any other agreement between you and us regarding your use of our website and that access to our website is undertaken at your own risk.  The Company shall not be liable for damages of any kind related to your use of or inability to access our website.  In no event shall the Company or any of its affiliates or any of their respective directors, officers, members, stockholders, employees, agents, or representatives and their respective successors and assigns be liable for any losses or damages whatsoever in any way arising out of, or related to, access to, or use of, our website or any other website linked to our website or the Content, regardless of whether such losses or damages are based on warranty, contract, tort (including negligence), strict liability, products liability, or any other theory of liability, including, but not limited to,  direct, indirect, special, punitive, incidental, or consequential damages.

The Company assumes no responsibility and shall not be liable for any damages to, or any viruses or other similar technology affecting, your computer equipment or technology or other property on account of your access to, or use of, our website or your downloading of any materials, data, text, images, video, audio, or any other item of technology from our website.

Inaccuracies

The Company endeavors to present the most recent, most accurate, and most reliable information on our website at all times.  There may, however, be occasions when some of the information featured on our website may contain incomplete data, typographical errors, or inaccuracies.  Any errors are wholly unintentional, and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order.  Please be aware that we present our website and its content “as is” and make no claims to their accuracy, either expressed or implied.  We reserve the right to amend errors or to update product or other website information at any time without prior notice.  If a product or other offering is listed at an incorrect price (or should not have been listed at all) due to a photographical error, typographical error, error in pricing information from our suppliers, or other error, then the Company shall have the right to refuse or cancel any orders placed for product listed at the incorrect price (or products that should not have been listed at all).  The Company 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 cancelled, then the Company shall issue a credit to your credit card account in the amount that was incorrectly charged.

Availability

Please understand that our items are offered in limited edition quantities and, because of their limited availability, stock will not and cannot be refreshed.  As a consequence, once an item that was previously for sale on our website is removed from our website or marked as unavailable on our website, such item may be never be sold again through our website.  When an item featured on our website is no longer in stock, we make every attempt to remove that item from our website in a timely manner.  Should you have any questions concerning the availability of a particular item, please contact us at contact@luceandarmelle.com.  If any item listed or shown for purchase through our website is no longer available in our inventory, then our website will display an "Out of Stock," "Unavailable," or similar message to alert our website users and customers.  Out of stock products will be removed for purchase from our website within a reasonable time of the appearance of such warning message.

 

The Company reserves the right to (a) limit the quantities, of items that can be purchased, (b) reject, correct, cancel, or refuse orders, and (c) close accounts in its discretion including, but not limited to, if the Company believes that customer conduct contravenes applicable law or is directly or indirectly harmful in any way to the interests of the Company or its representatives, agents, contractors, suppliers, or licensees.

 

The Company will strive to deliver items as quickly as possible; however, the Company will not be responsible for any delays in delivery that are beyond its control.  Where delivery is delayed, the Company will notify you as soon as possible.



Pricing and Products Information

The prices displayed on our website are quoted in U.S. dollars.  As a customer, you are responsible for paying any duties or taxes, or additional transport fees that may be added to the displayed purchase price.  All prices listed on our website are subject to confirmation.  The Company will notify you by email as promptly as practicable if the confirmed price of an item you have selected differs from the price listed on our website or on your purchase order. If you receive such notification, the sale will be automatically terminated unless you reply by email with confirmation of your intention to purchase the item at the confirmed price.

We have made every effort to display as accurately as possible the colors and features of our products that appear on our website.  However, due to monitor and other discrepancies, we cannot guarantee that your display of color or features will be accurate.

If you wish to share feedback with us about product selection, pricing, ordering, delivery, or other customer service matters, please do not submit this feedback through a product review.  Instead, please contact us through the "Contact" form available on our website.

 

General Use of our Website

 

• You may only purchase or order items from our website for non-commercial and lawful purposes, and any other use is not permitted.
• You must be eighteen (18) years of age or older to purchase from our website.
•  To protect you and the Company from fraudulent transactions, the Company may provide your transaction-related information to a reputable third party organization to perform an address verification.  Such address verification is intended to ensure that the "bill to" address that you provide matches your credit card address.  The Company also reserves the right, at its sole discretion, not to ship items ordered or purchased on our website to certain addresses.  If the Company chooses not to ship an item, you will be notified by email and any amount charged to your credit card will be refunded. 

 

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, members, stockholders, employees, agents, representatives, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from (a) any violation of these T&Cs, our Privacy Policy, or any other agreements between you and us regarding your use of our website or (b) any activity related to your account (including negligent or wrongful conduct) by you or any other individual or entity accessing our website using your account.

Correspondence

Although we will make every effort to respond quickly to applicable email messages, the Company is under no obligation to respond to all pieces of correspondence received through our website, to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions.  While we welcome your comments and feedback regarding our website, our merchandise, and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via our website or any email connection.  Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to the Company through our website shall become and remain the property of the Company.  Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and intellectual rights regarding your submission. We will, however, not use your name in connection with any such materials, information, suggestions, ideas, or comments unless we first obtain your permission or otherwise are required to do so by applicable local or foreign law, statute, ordinance, regulation, rule, code, constitution, treaty, common law, governmental request, court order, or other requirement or rule of law of any governmental authority.

Termination


We reserve the right not to provide our website to any user.  We also reserve the right to terminate any user's right to access our website at any time, in our sole discretion.  If you violate any of these T&Cs, our Privacy Policy, any other agreements between you and us regarding your use of our website, your permission to use our website automatically terminates.

Jurisdiction


These T&Cs are governed by and shall be construed in accordance with the laws of the State of Delaware, without regard to any conflict of law provisions.  Any action or proceeding arising out of, or related to, these T&Cs, our Privacy Policy, any other agreements between you and us regarding your use of our website, or your use of our website must be brought exclusively in the state or federal courts located in the State of Delaware, and you consent to the exclusive jurisdiction of such courts.  In addition, you and the Company hereby waive, to the fullest extent permitted by applicable law, any objection that you or the Company may now or hereafter have to the venue of any such action or proceeding in any such courts or any judgment entered by any such courts and hereby further irrevocably waive any claim that any such action or proceeding brought in such courts has been brought in an inconvenient forum.

Dispute Resolution Procedure and Arbitration Agreement

Mindful of the high cost of legal disputes, not only in capital but also in time and energy, both you and the Company agree that any controversy, claim, action, or dispute in any way related to your use of our website, any purchase from the Company, or to any products or services sold or distributed by the Company (a “Dispute”) will be resolved by this dispute resolution procedure and arbitration agreement (the “Arbitration Agreement”).

Informal Dispute Resolution.

Either party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute, in reasonable detail, and allowing the receiving party thirty (30) days from the date of receipt of such written notice in which to respond to or settle the Dispute.  Such written notice shall be sent

(1) to the Company at:

LUCE AND ARMELLE

12 SURREY ROAD

NEWTON, MA 02458

 

or:

(2) to you at your last-used billing address or the billing and/or shipping address in your online profile.

Both you and the Company agree that this informal dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Scope of Arbitration Agreement.

To the extent any Dispute cannot be resolved through the informal dispute resolution procedure described above, the Dispute shall be resolved through final and binding individual arbitration.  Should a Dispute be submitted to arbitration, you and the Company agree to give up the right to go to court to assert or defend rights under this Arbitration Agreement and with respect to any Dispute (except small claims, as described below).  The arbitration will be heard and determined by a single arbitrator whose decision will be final and binding.  You and the Company expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this Arbitration Agreement.  You and the Company agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, but not limited to, any pleadings, briefs, or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

Exception to Arbitration: Right to Bring Small Claims in Court and to Request Provisional Relief.

Notwithstanding anything to the contrary provided in these T&Cs, instead of arbitration, either you or the Company may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

In addition and notwithstanding anything to the contrary provided in these T&Cs, you and the Company retain the right to apply to a court of competent jurisdiction (as set forth In these T&Cs) for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these T&Cs, nor a waiver of the right to have disputes submitted to arbitration as provided in these T&Cs.

How Arbitration Works.

Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (the “AAA”) pursuant to its Consumer Arbitration Rules (the “AAA Rules”), as modified by this Arbitration Agreement.  The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879.  If the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider.  Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules.  The Company will reimburse those fees in an amount up to five hundred U.S. dollars ($500).  The Company also waives its own right to seek attorneys’ fees and costs in arbitration.  You may choose to have the arbitration conducted by telephone, based on written submissions, or in a mutually agreed location.

 

Waiver of Right to Bring Class Actions and Representative Claims.

All arbitrations shall proceed on an individual basis.  Each arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer.  You and the Company agree that each may bring claims against the other in arbitration only in your or its respective individual capacities and in so doing you and the Company hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), or to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.  If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

Other Terms.

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of Delaware, without regard to any conflict of law provisions.

The terms of the Arbitration Agreement provisions shall survive after your relationship with The Company and/or use of our website or other services and products.

Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

No waiver of any provision of this Arbitration Agreement will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement.  Such a waiver shall not waive or affect any other portion of this Arbitration Agreement, these T&Cs, our Privacy Policy, or any other agreements between you and us regarding your use of our website.

THIS ARBITRATION AGREEMENT LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE ACTION LAWSUIT OR ARBITRATION, THE RIGHT TO PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR ARBITRATION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

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Miscellaneous

Under no circumstances will the Company be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

The failure of the Company to enforce any right or provision of these T&Cs will not prevent the Company from enforcing such right or provision in the future.

The Company  may at any time assign or delegate itsrights and obligations under these T&Cs in its sole discretion, including in connection with a merger, acquisition, consolidation, sale of all or substantially all of its assets or by operation of law.

These T&Cs were last updated as of March 21st, 2018.