Terms and conditions
Recently updated: November 2020
By using, purchasing, accessing, registering to the Site and/or Services, you agree to be bound by these Terms as may be amended from time to time. Please read these Terms carefully and visit this page regularly for updates and changes in our website: www.llessurnyc.com If you do not agree to be bound by these Terms, you should cease and discontinue any and all use of the Site and/or Services immediately. As long as you do not cease using any of the Services, you will be conclusively deemed to have accepted these Terms.
1.1.In order to use the Service, and providing us with certain details, such as name, e-mail, contact details, etc. This is information you provide us voluntarily. You are entirely responsible for maintaining the confidentiality of your password and user name. You agree not to use the account, username, or password of another user at any time, or to disclose your password to any third party. You acknowledge and agree that you are solely responsible for any use of your account and all activities occurring in connection with the use of your account.
1.2.By registering to the Site you warrant and represent that any information provided by you at the time of registration (including as a guest user), including any billing information, is complete, truthful and accurate, and you agree to ensure that such information is kept up to date. LLESSUR LLC may terminate your account immediately and without prior notice if you do not comply with the Terms.
1.3.LLESSUR LLC reserves the right at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Services and/or the Site or any part thereof, or user's access thereto, subject to the provisions of this Agreement and the extent permitted by law. You will have no claim, complaint or demand against LLESSUR LLC for applying such changes or for failures incidental to such changes.
1.4.The Services are not available to persons under the age of 18. By using the Site and/or the Services you represent that you are at least 18 years of age or that you are at least at the age of majority in your state or province of residence, and are not otherwise prohibited or restricted from using the Site and/or Services.
1.5.Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. For further information you may also want to read Shopify’s Terms of Service available at: https://www.shopify.com/legal/terms and/or Privacy Statement available at: https://www.shopify.com/legal/privacy.
2.1.Content and information provided on and through the Site and/or Services, including, without limitation, LLESSUR LLC logo, trademark, graphics, designs, information, text, images, data, software, code, technology, algorithm, and any updates, upgrades, enhancements, derivatives, improvements, extensions, and modifications thereto, in any copies thereof and in any and all related documentation and other material displayed, available, used or present through the Site and/or Services ("LLESSUR LLC Content") are the sole and exclusive intellectual property of LLESSUR LLC and its affiliates, as applicable.
2.2.LLESSUR LLC retains all rights, including any intellectual property rights in the LLESSUR LLC Content. You hereby acknowledge that you have no right, title or interest in or to any LLESSUR LLC Content, and that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the LLESSUR LLC Content in any manner.
3.1.Except as otherwise stated elsewhere in this Agreement or on the Site, you acknowledge and agree that anything you submit or post to the Site and/or Services, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Feedback") is and will be treated as non-confidential and non-proprietary, and any such feedback shall be the exclusive property of LLESSUR LLC. You hereby irrevocably assign any such Feedback and any intellectual property therein to LLESSUR LLC.
3.3.You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Feedback that you post on the Site and/or Service and that use of your reviews, comments, or other Feedback by us will not infringe upon or violate the rights of any third party. You shall not misuse the Site and/or Service in connection with any Feedback, including, among others, posting illegal or infringing content, using a false e-mail address, or otherwise mislead us or third parties as to the origin of any Feedback. We may, but shall not be obligated to, remove or edit any Feedback (including comments or reviews) for any reason, at our sole discretion.
Restricted and Prohibited Uses
4.1.In connection with User's use of the Site and/or Services you agree not to, and not to permit others to do any of the following:
4.1.1.Use the Site or Services for any purposes other than those expressly set forth in this Terms;
4.1.2.Use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws);
4.1.3.Use, install, access, display, or run the Site and/or Services or any part thereof, as part of any illegal activity, or not in compliance with applicable law in the relevant jurisdictions, and including, without limitation copyright protection rules and regulations;
4.1.4.Use the Site and/or Services in connection with any content: (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, offensive, invasive of another's privacy, or otherwise objectionable, or (ii) that infringes any intellectual property right of any third party;
4.1.5.Modify, decompile, reverse-engineer, disassemble, translate or otherwise attempt, directly or indirectly, to obtain or create source code or know-how in or underlying the Site and/or Services or any portion thereof;
4.1.6.Interfere with, modify, disrupt or disable features or functionality of the Site and/or Services;
4.1.7.Sell, distribute, copy, duplicate, create derivative works of or otherwise reproduce all or any part of our Site and/or the Services and/or any LLESSUR LLC Content;
4.1.8.Allow any access to or use of the Site and/or Services to anyone other than authorized end-users.
4.1.9.Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of our Site and/or Services or any software thereto;
4.1.10.Create a database by systematically downloading and storing all or any content regarding the Site and/or Services;
4.1.11.Posting the same or similar message to one or more newsgroups through the Site and/or Services (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited; and
4.1.12.Use the Site and/or the Services in any way that infringes or violates these Terms or applicable law.
4.2.Complaints regarding suspected illegal use, system or network security issues should be sent to firstname.lastname@example.org
Products and Services
6.1.Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy available at: https://llessurnyc.com/pages/returns. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, you acknowledge and agree that we cannot guarantee that your computer monitor's display of any color will be accurate.
6.2.We reserve the right, but are not obligated, to limit the sales of our products or Services 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 or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of LLESSUR LLC. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
6.3.We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6.4.We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Third Party Tools
7.1.We may provide you with access to third-party tools over which we have no control nor do we monitor. You acknowledge and agree that we provide access to such tools ”as is”, "with all faults" and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party tools.
7.2.Any use by you of such optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
7.3.We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Risk of Loss; Other Terms of Sale
8.1.You hereby agree that any risk of loss and title for products purchased by you shall pass to you upon our delivery of the items to the courier pursuant to our standard terms of sale as presented on the Site. We do not take title of returned items until the item arrives at our facilities. At our sole and absolute discretion, a refund may be issued without requiring a return. In this situation, we do not take title of the refunded item.
8.2.All purchases made via the Site and/or Services shall be governed by our refund policy, available at https://llessurnyc.com/pages/returns ("Refund Policy"). By using the Site and/or Service you agree to the terms and conditions of our Refund Policy. We reserve the right to amend or replace the Refund Policy at any time without notice to you, at our sole discretion. Please read the Refund Policy prior to placing an order.
9.1.This Site and/or Service may be accessed from countries other than the United States. This Site and/or Services may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site and/or Service outside the United States you are solely responsible for complying with your local laws and regulations.
10.1.You hereby acknowledge and agree that in the event a product is listed at an incorrect price or with incorrect information due to technical error, typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, at our sole discretion. 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 shall immediately issue a credit to your credit card account in the amount of the charge.
Intellectual Property Complaints
11.1.If you believe that your work or intellectual property has been improperly copied and posted on the Site and/or Service, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the intellectual property that you claim has been infringed; (3) a description of where on the Site and/or Services the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf. These requirements must be followed to give LLESSUR LLC legally sufficient notice to LLESSUR LLC of infringement. Send copyright infringement complaints to: email@example.com
11.2.User agrees to indemnify and hold LLESSUR LLC and its directors, officers, employees, advisors, subsidiaries, affiliates and agents, harmless from and against all losses, damages, expenses, claims, demands and liabilities incurred or suffered by LLESSUR LLC arising out of (a) User's breach of any term or condition of this Agreement or any documents it incorporates by reference, and/or User's breach of any representation made herein or incorporated herein by reference; or (b) User's failure to comply with all applicable laws, regulations, ordinances and treaty requirements, relating, among others, to data protection, privacy rights, and copyrights.
12.1.User agrees and acknowledges that: (a) the Site and/or Services may not work entirely or properly with all operating systems or software languages; (b) the content presented on the Site and/or Services is for informational purposes only, and that LLESSUR LLC does not guarantee its accuracy, quality or truthfulness; and (c) the performance of the Site and/or Services may be affected or interfered with by numerous factors outside of LLESSUR LLC's control, such as maintenance performance, failures in internet connectivity, malfunctions in the system and/or failures in the provision of third party services.
12.2.LLESSUR LLC reserves the right to alter, remove, change, suspend or disable access to the Site and/or Services at any time without notice. In no event will LLESSUR LLC be liable for the removal of or disabling of access to the Site and/or Services.
12.3.LLESSUR LLC does not warrant that the use of the Site and/or Services will be uninterrupted, error-free or completely secure.
12.4.USER ACKNOWLEDGES AND AGREES THAT THE SERVICES AND THE SITE AND ANY OF THIER CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS”, ARE USED ONLY AT USER'S SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. LLESSUR LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES AND/OR THE SITE (AND ALL CONTENT, INFORMATION, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability
13.1.LLESSUR LLC'S ENTIRE LIABILITY AND USER'S EXCLUSIVE REMEDY IN CONNECTION TO USE OF THE SITE OR THE SERVICES IS TO DISCONTINUE SUCH USE. LLESSUR LLC AND ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM USE OF THE SERVICES AND/OR THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE SITE OR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF LLESSUR LLC HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, LLESSUR LLC'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER HEREBY ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, LLESSUR LLC WOULD NOT BE ABLE TO OFFER THE SERVICES.
13.2.LLESSUR LLC SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SECUIRTY HACKS OR BREACHES, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET OR ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS NOT CONTROLLED BY LLESSUR LLC.
14.1.The obligations and liabilities of the parties to this Agreement incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
14.2.These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
14.3.If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site and/or Services (or any part thereof).
15.1.LLESSUR LLC may assign the Agreement (or any part thereof) without prior notice of consent of the User to a third party assuming LLESSUR LLC's obligations hereunder. User may not assign any of such User’s rights and/or obligations under these Terms.
15.2.If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, such provision shall be modified or limited to the minimum extent necessary so that the Terms shall otherwise remain in effect.
15.3.These Terms comprise the entire agreement between you and LLESSUR LLC relating to the Site and Services.
15.4.LLESSUR LLC does not guarantee continuous, uninterrupted access to the Site and/or Services, and operation of the Site or Services may be interfered with by numerous factors outside LLESSUR LLC's control.
15.5.No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms between you and LLESSUR LLC.
15.6.The Site, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of New York. You agree that all such disputes shall be brought exclusively in the appropriate courts of New York, State.
15.7.Users may give notices to LLESSUR LLC by e-mail to the following e-mail address firstname.lastname@example.org .