Terms of Sale
Effective Date of Current Policy: October 13, 2016
This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. By placing an order for products or services from this website, you accept and are bound by these terms and conditions. Please read them carefully.
You may not order or obtain products or services from this website if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Brazen Goods LLC d/b/a Lorals, or (c) are prohibited from accessing or using this website or any of this website's contents, goods or services by applicable law.
This document contains an arbitration agreement, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. Under the arbitration agreement, (1) you will only be permitted to pursue claims against the company on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through MyLorals.com (the "Site"). These Terms are subject to change by Brazen Goods LLC d/b/a Lorals (referred to as “Lorals”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between you and Lorals you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by contacting our Customer Service Department at support@MyLorals.com.
Certain products may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
PRICES AND PAYMENT TERMS
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express, and Discover, as detailed on the applicable payment screen. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
GIFT AND OFFER CODES
From time to time, Lorals may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on www.MyLorals.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Lorals in its sole discretion. Only valid offer codes provided or promoted by Lorals will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Lorals (including any unauthorized third party websites) will not be considered valid. Each offer code promoted by Lorals is non-transferable and valid for single use on an item (or items) of merchandise as determined by Lorals. Offer codes may not be combined and customers are limited to the use of a single offer code per order. Offer codes cannot be used towards purchase of non-branded merchandise, packaging, or applicable taxes. For online purchases, the code must be entered in the ‘offer code’ field at checkout. Lorals is not responsible for lost, stolen, or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored. From time to time, Lorals may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third party source, such as a television or radio show host, please note that such individuals may have been compensated by Lorals for their statements.
SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments or for any goods damaged or lost during shipment.
Returns. Due to the nature of the Products, Lorals does not accept returns or exchanges. All sales are final.
Exchanges. We do not accept any Product exchanges.
Damaged Products. If the Product arrives damaged ("Damaged Product"), Lorals will accept returns for a full refund only in accordance with the Return Procedures below. Once Lorals confirms that you received a Damaged Product that was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your credit card or PayPal account in the amount charged for the Damaged Product (if your credit card or PayPal account has already been charged for the Product) or (b) we will not charge your credit card or PayPal account for the Damaged Product. The refunded amount will include the applicable Delivery Fee.
Return Procedures. All returns must be made within 14 days after the Product shipment date. All returned Products must be unused and unopened and returned in accordance with the instructions received from contacting customer service at support@MyLorals.com. Unauthorized returns will not be refunded or credited to your account, and we may handle or dispose of those products as we see fit in our sole discretion.
GOODS NOT FOR RESALE OR EXPORT
You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
GOVERNING LAW AND JURISDICTION
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
DISPUTE RESOLUTION AND BINDING ARBITRATION
You and Lorals are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through the Site, will be resolved exclusively and finally by binding arbitration.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, neither you nor Lorals will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Lorals.
NO THIRD PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by e-mail to support@MyLorals.com; or (ii) by personal delivery, overnight courier or registered or certified mail to Brazen Goods LLC, 106 1/2 Judge John Aiso St #305, Los Angeles, CA 90012. Notices provided by personal delivery will be effective immediately. Notices provided by e-mail transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.