Legal Notice & Return Policy
ONLINE ORDERING & RETURN POLICY
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
Applicability of Terms and Conditions: These terms and conditions (these "Terms") shall apply to your purchase of products and related services through www.us.lazartigue.com (the "Site"). These Terms are subject to change at any time without prior written notice by Lazartigue Americas, Inc. (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
ONLINE SECURE PAYMENT
For your security, payments on our Website are handled directly by First Data, a provider of electronic commerce and payment solutions. Your credit card information is not transferred to or stored by Lazartigue. When you place an order online, our personnel have no access to your credit card information.
SHIPPING & HANDLING
Your order is individually prepared by hand in our warehouse with the special care and attention that you deserve. Lazartigue gives detailed attention and care to the manufacturing and the packaging of its products. Nonetheless, if you notice any defect in our products, please contact us at email@example.com
The products that you order will be delivered to the address that you enter in the online shopping cart.
Your order will be sent to you in most instances by Fedex Smartpost. To monitor the status of your order, your tracking number and proof of delivery will be sent to you via email.
Lazartigue is not responsible for delay, loss or damage occurring during shipment. If your order is delayed or lost, please contact us at firstname.lastname@example.org. If your shipment arrives damaged, please contact us and save the package for inspection.
Orders will be shipped only to addresses within the 50 states of the United States of America, the District of Columbia and Puerto Rico. We strive to ship your order as quickly as possible. However, our shipping estimates are not guarantees or promises that a product will ship on a specific day or be received by you within a specific period. The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it leaves our warehouse facility.
Although our preferred shipping carrier is Fedex Smartpost, we reserve the right to use other shipping carriers.
Sorry, we are unable to ship to P.O. Boxes. All items must be shipped to a valid street address.
Standard Delivery “Ground”: (2-7 Business Days)
Standard shipping fees are $6.50. We are delighted to offer you “Standard Ground” shipping FREE, at no cost to purchaser for all orders in excess of USD $50 after deduction of all sales discounts, credits, etc. and before the addition of sales tax, as applicable. (Please note: our “free” delivery does not apply to deliveries to Alaska, Hawaii or Puerto Rico)
With Standard Ground shipping, orders are typically delivered within 2 – 7 business days after the date of your order. Actual delivery time may vary depending on shipping distance.
Delivery to some remote addresses may require longer time in transit.
Returns & Exchanges
Lazartigue wants to ensure your complete satisfaction so we will happily accept returns of unopened and unused products in its original packaging only in accordance with the following Return Policy:
All returns and exchanges must be pre-authorized by Customer Service. Contact us at email@example.com.
Customer service will provide you with a link to a return label, which you will be required to print and affix to the package.
You must have purchased the item from us at www.us.lazartigue.com within 30 days of the date upon which you contact us to request a return authorization.
- Defective, damaged or incorrect items:
If you received a damaged or defective item from us, or the wrong item was shipped to you, you will not be responsible for return shipping charges, and we will not charge you any restocking or other fee in connection with the return. You will receive a replacement / exchange product.
Damaged or defective items returned without their original packaging will not receive any exchange or refund.
To obtain a refund or exchange, the item must be returned to us, unopened and in its original packaging, with all accessories, within 30 days of the date upon which we provided the item to the carrier for shipment to you. You must also follow the Return Procedures specified below.
We cannot accept returns or exchanges of any item that has been opened or used even if it is defective, damaged or incorrect.
- Other returns:
For all returns other than damaged, defective or incorrectly shipped items (see above), you will be responsible for the shipping charges to return the item.
To obtain your exchange or refund, the item must be returned to us, unopened and in its original packaging, undamaged and in saleable condition, with all accessories, within 15 days of the date upon which we provided the item to the carrier for shipment to you. You must also follow the Return Procedures specified below.
Once we have received your returned product we will process your exchange or refund in the order in which it is received by us. We normally effect exchanges or issue refunds within 7 to 10 business days after our receipt of your returned item. It may take additional time for your refund to be posted to your credit card account. We will notify you by email once your return is processed.
PLEASE NOTE - We cannot accept returns or exchanges of any item that has been opened or used.
COMPANY’S LIMITED WARRANTY
We represent and warrant to you that any goods purchased by you on the Site, when used specifically as authorized by us and without modification thereto, will conform in all material respects to: (i) the specifications set forth on the Site, and (ii) any instructions that we provide you with upon delivery of the merchandise. We further represent and warrant to you that any goods or services purchased by you on the Site will be safe for their intended use and free from defects in material, functionality, and workmanship. Notwithstanding the foregoing, this warranty shall not apply when the goods are subject to: negligence, misconduct, misuse, abuse, accident, improper installation or handling, unusual environmental conditions, or other extreme stress, alteration, repair by anyone other than us (or one of our authorized representatives), use with any third-party product or service (other than as specifically authorized in advance by us), or use in violation of any provided-for instructions. Notwithstanding the foregoing, any products manufactured by a third party and incorporated in any goods provided hereunder are not covered by this limited warranty. We further warrant to you that we will perform any services purchased through the Site using personnel of all required skill, experience and qualifications and in a professional manner in accordance with generally recognized industry standards for similar services in order to meet our obligations hereunder. Notwithstanding anything set forth herein to the contrary, your sole remedy with respect to a breach by us of our warranties to you shall be to inform us, in writing, of your desire to exercise this limited warranty, along with a sufficiently detailed explanation of your reason(s), so that we may either: (i) repair or replace the goods in question; or (ii) credit or refund your purchase price, both in accordance with these Terms as set forth herein. We reserve the right to verify any such claim. This warranty period is not extended if we have to repair or replace a warranted product or re-perform a warranted service. This limited warranty extends only to you as the original purchaser of our products and services from our Site (i.e., and not to any subsequent owner or beneficiary of any goods or services received hereunder). In order to obtain warranty service, please contact us at firstname.lastname@example.org. For further details on how to exercise your rights hereunder, please review the information set forth. If for any reason you believe in good faith that we have not fulfilled our obligations hereunder, you are entitled to follow the dispute resolution procedures set forth in Section below (ARBITRATION). THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
(c) LIMITATION ON WARRANTIES: Subject to applicable law, and without limitation on the foregoing, we limit the duration and applicability of any and all implied warranties (including without limitation the warranties of merchantability, fitness for a particular purpose, title, or warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise) to the duration of the limited warranty set forth in prior section above. PLEASE NOTE THAT SOME STATES DO NOT ALLOW FOR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES AND THEREFORE, THIS LIMITATION MAY NOT APPLY TO YOU.
SOLE AND EXCLUSIVE REMEDIES/LIABILITY CAP
SUBJECT TO APPLICABLE LAW, THE REMEDIES SET FORTH HEREIN ARE YOUR SOLE AND EXCLUSIVE REMEDIES, AND OUR ENTIRE OBLIGATION AND LIABILITY, FOR ANY BREACH OF OUR LIMITED WARRANTY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
All retail prices for our products are indicated in USD before sales tax, if applicable. Customers located in Texas State and Florida State are subject to sales tax. Customers located in other states are not presently subject to any sales tax.
Lazartigue reserves, at all times, the right to modify retail prices and determine applicability of state and local sales taxes. We will at all times honor prices as they are posted on our website for your online orders.
Out of Stock Products
In the rare event that our warehouse determines that one or more products in your order is in an “Out-of-Stock” situation, a Customer Service representative will contact you to inform you.
If you are interested in purchasing a product that is listed on our website as “out-of-stock” please contact us at email@example.com to inquire as to the approximate date on which such product will again become available.
Completing Online The Order Form
Please complete the order form in its entirety. If we are missing any information requested, your order will not go through and we will not be able to process it for you. If you encounter a problem entering your information, please contact us at firstname.lastname@example.org.
TERMS AND CONDITIONS OF USE
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and all other materials that appear on this site (collectively the “Site Contents”) and our Website as a whole are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Lazartigue and/or our affiliates and are protected by the laws of the United States and other countries.
Limited License to Site
The Site Contents and our Website as a whole, are intended solely for your personal, non-commercial use. Your may download or copy the contents and other downloadable materials displayed on the Website for your personal use only, provided you keep intact all copyright and other proprietary notices and references to the Lazartigue name.
No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not make any use of the Website or Site Contents for other than your personal use; you may not reproduce (except as noted above), publish, transmit, display, modify our Website or Site Contents, nor may you create any derivative work based upon either our site or Site Contents.
Third Party Website Links
A third party Website which links to our site may link to, but not copy, our Website and/or Site Contents, and may not link to any page of our site other than our site’s home page. A Website’s link to our site does not mean that we endorse or approve of that site or its content. We are not responsible for the content of any third party Website linked to our site.
We do not warrant or represent in any way the content, goods and/or services and/or other offering of a third party’s linked Website. We are not responsible for any consequences whatsoever, such as software viruses, spam, consumer mailings, etc. which you may experience as a result of your having moved to or from our Website by means of a third party link.
Submissions / User Comments / Feedback
All comments, suggestions, ideas, feedback, inquiries and all other information which you submit or offer to us on or by this Website; or which are otherwise disclosed, submitted or offered to Lazartigue in connection with your use of this Website (collectively “Submissions”) will be treated by us as non-proprietary and non-confidential on your part and shall thereafter be and remain the property of Lazartigue.
In choosing to make any Submission to us, you acknowledge that your Submission may not be returned to you and that we may use your Submission, and any ideas, concepts and know how therein contained, for any purpose including, by way of example and not limitation, research, development, manufacturing, distribution, licensing, marketing and sale of current and future products. You further agree that no Submissions made by you will be, or contain, libelous or otherwise unlawful, abusive, discriminatory or obscene material.
If you make a Submission to us you are (i) acknowledging and agreeing that you are and shall remain solely responsible for the content of such Submission, (ii) warranting and representing that such Submission does not contain software viruses, commercial messages or solicitations, spam of any form, “Spyware” or “Adware”. (“Spyware” or “Adware” is any software which has been downloaded to and/or installed on an Internet user’s computer, without the user’s actual consent, which facilitates the distribution of a commercial message to the user).
If you make a Submission to us, you agree that you will not use a false or third party e-mail address, impersonate any person or entity or otherwise act in any way designed to mislead us as to the source, origin or author of any Submission.
If you make any Submission to us, you agree to indemnify us for all claims, losses and damages arising from or in connection with the claim of any person or entity with regard to any rights in and/or to, or deriving from, your Submission.
This Website and all materials, informations, software, products and services contained and/or included in or available through this website (the "content") are provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non infringement.
We do not warranty or represent that this site or the content is free of viruses or other harmful, contaminating or destructive properties. You are responsible for implementing sufficiently adequate procedures and checkpoints to satisfy your own particular requirements as to protection of your data, software and equipment. Your us of this site is safely at your risk.
LIMITATION OF LIABILITY
By your use of this site and its content you acknowledge and agree, to the fullest extent permitted by applicable law, that we will not be responsible or liable under any circumstances whatsoever for any (I) interruption of business, (II) access delay or access interruptions for the site, (III) data non delivery, misdelivery, corruption, destruction or other modification, (IV) loss or damage for any sort incurred as a result of dealing with, or the presence of, off website links to this site, (V) computer viruses, system, failures or malfunctions which may occur in connection with your use of this site and/or its content including during any linkage to or from third party websites, (VI) any inaccuracies or omissions in content or, events beyond our reasonable control.
Under no circumstances will we be responsible or liable whether in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, punitive, incidental, special or consequential damages that result from your use, or availability to use, this site and/or its content, even if we have been advises of the possibility of such damages.
By your use of our site, you specifically agree that in no event, shall our maximum aggregate liability to you ever exceed one hundred dollars ($100). You agree that you assume full responsibility for all losses and expenses associated with servicing or repairing any equipment which you use in connection with your use of our website and its content.
Upon request by us, you agree to defend, indemnify and hold harmless Lazartigue, its parent, subsidiaries, affiliate companies and their employees, contractors, officers and directors, from all claims, actions, suits, liabilities, costs and expenses including reasonable attorneys’ fees, arising from your use or misuse of this site and its content.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you hereunder, in which event you will cooperate with us in asserting any available defenses.
Governing Law/Binding Arbitration:
(a) Governing Law; Venue: These Terms shall be governed by the laws of the State of Florida without regard to its conflict of laws principles. The venue for all claims made hereunder shall be exclusively held in Miami-Dade County, Florida, USA. Both parties hereby submit to the exclusive jurisdiction and venue of any such court.
(b) Binding Arbitration: Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by binding arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of three arbitrators sitting in Miami-Dade County, Florida, USA. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Florida. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear its own costs, as well as outside attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that the prevailing party shall be entitled to reimbursement for all costs and reasonable attorneys fees expended in the arbitration. WITH RESPECT TO ANY LITIGATION OR ARBITRATION HEREUNDER, AS STATED ABOVE, YOU HEREBY EXPRESSLY WAIVE ANY RIGHT TO CONSOLIDATE ANY CLAIM AND/OR PARTICIPATE IN ANY CLASS-ACTION CLAIM OF ANY KIND OR NATURE. This Section provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms and use of the Site. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION, DIRECTLY OR INDIRECTLY, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT.
(c) Small-Claims Option: Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 90 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit or consolidated claim in small-claims court with respect to these Terms.
SEVERABILITY AND INTEGRATION
Third Party Beneficiaries: These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
Force Majeure: Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, pandemics, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
Assignment: Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
Partial Invalidity: In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
No Waivers: Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
Notices: We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time at email@example.com.
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