General Terms & Conditions
1. APPLICABILITY. These Global Terms and Conditions of Sale (“Terms”) apply to the purchase of products and ancillary services (collectively the “Products”) by seller (“Lacantus Store”) and the buyer (“Buyer”), each of which is identified in the accompanying quotation, credit application, proposal, order acknowledgement, or invoice (the “Sales Confirmation”). These Terms and the Sales Confirmation comprise the entire agreement between the parties (collectively, the “Agreement”). Buyer accepts these Terms by signing and returning Lacantus Store’s quotation, by sending a purchase order in response to the quotation, or by Buyer’s instructions to Lacantus Store to ship the Product. No terms, conditions or warranties other than those identified in the quotation and no agreement or understanding, oral or written, in any way purporting to modify the terms and conditions whether contained in Buyer’s purchase order or shipping release forms, or elsewhere, shall be binding on Lacantus Store unless hereafter made in writing and signed by Lacantus Store’s authorized representative. Buyer is hereby notified of Lacantus Store’s express rejection of any terms inconsistent with this Agreement or to any other terms proposed by Buyer in accepting Lacantus Store’s quotation. Neither Lacantus Store’s subsequent lack of objection to any terms, nor the delivery of the products or services, shall constitute an agreement by Lacantus Store to any terms.
2. CANCELLATION. Cancellation or modifications of all or part of any order are subject to Lacantus Store’s prior written consent in each instance. If cancellation or modification is allowed, Buyer agrees to pay to Lacantus Store all expenses incurred and damage sustained by Lacantus Store on account of the cancellation or modification, plus a reasonable profit. Pricing for undelivered Products may be increased in the event of an increase in Lacantus Store’s cost, change in market conditions or any other causes beyond the Lacantus Store’s reasonable control.
3. PRICES. The prices of the Products are those prices specified on the front of the invoice. Prices in any Sales Confirmation from Lacantus Store are subject to change upon notice sent to Buyer at any time before the Sales Confirmation has been accepted. Prices for Products covered by this Agreement may be adjusted by Lacantus Store, upon notice to Buyer at any time prior to shipment, to reflect any increase in Lacantus Store’s cost of raw materials (e.g., by manufacturing, customizing or producing a sales order as requested by the customer) incurred by Lacantus Store after issuance of the applicable Sales Confirmation. All stated prices are exclusive of any taxes, fees, duties, and levies, however designated or imposed, including but not limited to value-added and withholding taxes that are levied or based upon the amounts paid under this Agreement (collectively, “Taxes”). Any Taxes related to the Products purchased pursuant to this Agreement are the responsibility of Buyer (excluding taxes based on Lacantus Store’s net income), unless Buyer presents an exemption certificate acceptable to Lacantus Store and the applicable taxing authorities. If possible, Lacantus Store will bill Taxes as a separate item on the invoice presented to Buyer. If any exemption certificate presented by Buyer is held to be invalid, then Buyer will pay Lacantus Store the amount of the Tax and any penalties and interest related thereto.
4. PAYMENT. Payment may be made by check, money order, credit card, PayPal or wire transfer (all fees are borne by the Buyer). Unless otherwise set forth in the Sales Confirmation, Buyer will pay all invoiced amounts within thirty (30) days following the date of Lacantus Store’s invoice. Without prejudice to Lacantus Store’s other rights, unpaid amounts will accrue interest at a rate equal to the lesser of one and one-half percent (1.5%) per month and the maximum rate permitted by applicable law, during the period of delay or from due date until paid, plus Lacantus Store’s reasonable costs of collection. Lacantus Store reserves all other rights granted to a Lacantus Store under the Uniform Commercial Code (“UCC”) for Buyer’s failure to pay for the Products or any other breach by Buyer of these Terms. If Buyer fails to make each payment when it is due, Lacantus Store reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which Lacantus Store has extended credit to Buyer. In addition to all other remedies available to Lacantus Store (which Lacantus Store does not waive by the exercise of any rights hereunder), Lacantus Store may suspend the delivery of any Products if Buyer fails to pay any amounts when due and the failure continues for five (5) days following Buyer’s receipt of notice thereof. Buyer may not withhold payment of any amounts due and payable as a set-off of any claim or dispute with Lacantus Store, regardless of whether relating to Lacantus Store’s breach, bankruptcy, or otherwise.
5. DELIVERY; SHIPPING. (a) Lacantus Store will deliver the Products within a reasonable time after receiving Buyer’s purchase order, subject to their availability. The delivery date provided by Lacantus Store for the Products is only an estimate and is based upon prompt receipt of all necessary information from Buyer. If Buyer causes Lacantus Store to delay shipment or completion of the Products, Lacantus Store will be entitled to any and all extra costs and expenses resulting from the delay. Lacantus Store will not be liable for any delays, loss, or damage in transit, and failure to deliver within the time estimated will not be a material breach of contract on Lacantus Store’s part.
(b) Unless otherwise agreed in writing by the parties, Lacantus Store will deliver the Products, DAT or DDP (Incoterms® 2018) at the location specified in the Sales Confirmation (the “Delivery Location”), using Lacantus Store’s standard methods for packaging and shipping same. Buyer will take delivery of the Products within three (3) days of Lacantus Store’s notice that the Products have been delivered to the Delivery Location. If Buyer fails to take delivery of the Products within this three (3) day period Buyer will pay Lacantus Store for the Products and all storage expenses incurred by Lacantus Store. Lacantus Store may, in its sole discretion, without liability or penalty, make partial shipments of Products to Buyer. Each shipment will constitute a separate sale, and Buyer will pay for the units shipped whether the shipment is in whole or partial fulfillment of Buyer’s purchase order. Buyer is responsible for obtaining any import licenses and other consents required for a Product shipment at its own expense, and will provide the licenses and consents to the Lacantus Store before shipment.
(c) The quantity of any installment of the Products, as recorded by Lacantus Store on the dispatch from Lacantus Store’s place of business, is conclusive evidence of the quantity received by Buyer upon delivery, unless Buyer provides conclusive evidence to the contrary. Lacantus Store will not be liable for any non-delivery of the Products to the Delivery Location, unless Buyer gives written notice to Lacantus Store of the non-delivery within five (5) days following the date that Buyer would, in the ordinary course of business, have received the Products. Lacantus Store’s liability for any non-delivery of the Products will be limited to replacing the Products within a reasonable time or adjusting the invoice for the Products to reflect the actual quantity delivered.
6. FORCE MAJEURE. Force Majeure of any kind, unforeseeable production, traffic or shipping disturbances, war, acts of terrorism, fire, floods, unforeseeable shortages of labor, utilities or raw materials and supplies, strikes, lockouts, acts of government, and any other hindrances beyond the control of the party obliged to perform which diminish, delay or prevent production, shipment, acceptance or use of the goods, or make it an unreasonable proposition, shall relieve the party from its obligation to supply or take delivery, as the case may be, as long as and to the extent that the hindrance prevails. If, as a result of the hindrance, supply and/or acceptance is delayed by more than eight weeks, either party shall have the right to cancel the contract. Should the Lacantus Store’s suppliers fail to supply him in whole or in part, the Lacantus Store shall not be under obligation to purchase from other sources. In such cases, the Lacantus Store shall have the right to distribute the available quantities among his customers while at the same time taking into account his captive requirements.
7. TITLE; RISK OF LOSS. (a) Risk of loss or damage passes to Buyer passes upon delivery to the carrier. If Buyer fails to accept delivery of any of the Products on the date set forth in Lacantus Store’s notice that Lacantus Store has delivered the Products to the Delivery Location, or if Lacantus Store is unable to deliver the Products to the Delivery Location on the date because Buyer has failed to provide appropriate instructions, documents, licenses, or authorizations, then: (i) risk of loss to the Products will pass to Buyer; (ii) the Products will be deemed to have been delivered to Buyer; and (iii) Lacantus Store, at its option, may store the Products until Buyer takes possession of them, at which time Buyer will be liable for all costs and expenses resulting from the failure (including but not limited to the cost of storage and insurance).
(b) Title passes to Buyer upon Buyer’s payment in full for the Products.
(c) Claims for shortfalls in quantity or for incorrect delivery shall be void if made more than five (5) days after receipt by the customer.
8. INSPECTION; REJECTION OF PRODUCTS. (a) Lacantus Store warrants (i) subject to the other provisions of the Contract, good title to and the unencumbered use of the Goods; (ii) that Goods manufactured by Lacantus Store and/or Lacantus Store’s Affiliates shall conform with Lacantus Store’s specifications therefore and be free of defects in materials and workmanship. Lacantus Store will make good by the supply of a replacement part or parts, any defects which, under proper use, care and maintenance, appear in Goods of Lacantus Store’s Affiliates’ manufacture and which are reported to Lacantus Store within one (1) year after their delivery (the “Warranty Period”) and which arise solely from faulty materials or workmanship: provided always that defective items are returned to Lacantus Store at Buyer’s cost carriage and insurance prepaid within the Warranty Period. Repaired or replacement items will be delivered by Lacantus Store at Lacantus Store’s cost to Buyer. Goods replaced in accordance with this Section 8 shall be subject to the foregoing warranty for the unexpired portion of the Warranty Period from the date of their return to Buyer (or completion of correction in the case of Services), whichever expires the later.
(b) Notwithstanding Section (a), Lacantus Store shall not be liable for any defects caused by: fair wear and tear; materials or workmanship made, furnished or specified by Buyer; non-compliance with Lacantus Store’s storage, installation, operation or environmental requirements; lack of proper maintenance; any modification or repair not previously authorized by Lacantus Store in writing. Lacantus Store’s costs incurred in investigating and rectifying such defects shall be paid by Buyer upon demand. Buyer shall at all times remain solely responsible for the adequacy and accuracy of all information supplied by it.
(c) Subject to Section 10, the foregoing constitutes Lacantus Store’s sole warranty and Buyer’s exclusive remedy for breach thereof. No representations, warranties or conditions of any kind, express or implied, shall apply as to satisfactory quality, merchantability, fitness for any particular purpose or any other matter with respect to any of the Goods.
9. RETURNS, REFUNDS & EXCHANGES (Applicable for Clothing, Apparel, Accessories in European Countries). Returns: Only products originally shipped from Lacantus Store or from an affiliate / authorized supplier will be considered for return to Lacantus Store. By a Customer requesting return of products to Lacantus Store, the Customer certifies that the products were purchased from Lacantus Store and there has been no substitution of the product from another supplier, distributor or other source of the product. The customer has 14 days to cancel the order after receiving it, and a further 14 days to send most goods back for a full refund (including delivery costs). Any return must be in the original packaging and in unused condition except if approved for failure analysis/warranty evaluation by a Lacantus Store sales representative via a Return Material Authorization (RMA).
Exchanges: Any item for exchange must be in new condition and in the original packaging. Exchanges must be requested within five (5) days of ship date. Defective item(s) may be exchanged / returned for the same item.
Items purchased from Lacantus Store that have been used or altered and any items that have been sold as NC / NR will not be accepted for exchange. Non-Cancelable and Non-Returnable Items: Products listed as NC/NR status (Non-cancelable and Non-Returnable) are identified on the Cart Page for web orders and via Order Acknowledgement for all other orders. Return Freight / Restocking Fee: Lacantus Store reserves the right to charge cancellation and restocking fees, at a minimum rate of 15% to be deducted from the Customer refund. Lacantus Store does not refund the original shipping and handling. Customer is responsible for all return freight charges. Refunds: Upon receipt and inspection of returned item(s), Lacantus Store will advise of the refund status. In the case of factory warranty or failure analysis, Lacantus Store will issue any applicable credit pending manufacturer confirmation of failure. Lacantus Store initiates credits via the original method of payment within 48 hours of approval. Refunds via credit card can take up to 10 business days to post to the account.
10. LIMITED WARRANTY. (a) Lacantus Store warrants to Buyer that the Products will be free from defects in material and workmanship for a period of one (1) year following the date of delivery to the Delivery Location (the “Warranty Period”). Notwithstanding the foregoing, the Warranty Period for consumable Products will in no event exceed recommended replacement intervals set forth in the published specifications and instructions provided by Lacantus Store or its suppliers or subcontractors Instructions (“Instructions”). If, prior to the expiration of the Warranty Period, Buyer informs Lacantus Store in writing of any breach of this limited warranty, then Lacantus Store may repair or replace the Products that gave rise to the breach or, in Lacantus Store’s sole and exclusive discretion, refund the amounts that Buyer paid for the Products.
(b) The foregoing limited warranties do not apply to (i) any defect in Products not manufactured by Lacantus Store; and (ii) any Products manufactured according to Buyer’s specifications.
(c) Buyer will bear the costs of access, de-installation, re-installation and transportation of the Products to Lacantus Store and back to Buyer. Any repair or replacement pursuant to this limited warranty will not extend the Warranty Period. Lacantus Store does not warrant the Products, or any repaired or replacement parts, against normal wear and tear or corrosion. This limited warranty and remedy are expressly conditioned upon: (i) Buyer’s payment of the purchase price in full, (ii) Buyer giving written notice of the defect, reasonably described, to Lacantus Store within five (5) days of the time when Buyer discovers or ought to have discovered the defect, (iii) the storage, installation, operation, use, and maintenance of the Products in compliance with the Instructions, (iv) the existence of proper records of Buyer’s operation and maintenance of the Products during the Warranty Period, (v) Buyer providing Lacantus Store with a reasonable opportunity to examine the Products and the aforementioned records, and (vi) the absence of any unauthorized modification or repair of the Products, including without limitation the removal or alternation of any serial numbers or warranty date decals.
(d) THE REMEDIES SET FORTH IN THIS SECTION 10 ARE BUYER’S SOLE AND EXCLUSIVE REMEDIES FOR ANY FAILURE OF LACANTUS STORE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS SECTION 10. LACANTUS STORE MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OF ANY KIND, AND LACANTUS STORE DISCLAIMS ALL OTHER WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
11. INDEMNIFICATION. (a) Buyer will defend, indemnify, and hold harmless Lacantus Store and its parent company or organization, their respective subsidiaries, affiliates, successors, and assigns and their respective directors, officers, shareholders, and employees from and against any loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost, fees (including import and export customs fees), or expense (including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers) (“Claims”) arising out of or occurring in connection with the negligence or willful misconduct of Buyer or its employees or agents, including but not limited to: (i) any misuse or modification of the Products by Buyer or its employees or agents, (ii) any act (or failure to act) by Buyer or its employees or agents in contravention of any safety procedures or instructions that Lacantus Store provides to Buyer or its employees or agents, or (iii) the failure to store, install, operate, or maintain the Products in accordance with the Instructions.
(b) Lacantus Store will defend, indemnify, and hold harmless Buyer and its subsidiaries, affiliates, successors, and assigns and their respective directors, officers, shareholders, and employees from and against any Claims arising out of or occurring in connection with the negligence or willful misconduct of Lacantus Store or its employees or agents.
12. LIMITATIONS OF LIABILITY. (a) IN NO EVENT WILL LACANTUS STORE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE OR UNDER- UTILIZATION OF LABOR OR FACILITIES, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST DATA, AND COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF LACANTUS STORE HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES.
(b) EXCEPT FOR DEATH OR BODILY INJURY RESULTING FROM LACANTUS STORE’S NEGLIGENCE OR WILLFUL MISCONDUCT, LACANTUS STORE’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF, OR RELATING TO, THE GOODS WILL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL PURCHASE PRICE FOR THE GOODS GIVING RISE TO THE CLAIM.
13. CHANGES. Lacantus Store reserves the right to alter, modify, or redesign its products without any obligation to replace previous shipments to Buyer.
14. AGAINST FRAUD OR FINANCIAL SCAM. Lacantus Store reserves the right of admission against any person or entity that attempts to abuse or defraud Lacantus Store, harming or damaging the proper functioning, commercial image or reputation, or loss of economic benefits. Lacantus Store will take as preventive measure, the deletion of accounts, blocking IPs, credit cards, etc.
15. NO LICENSE. The sale of the Products will not confer upon Buyer any license, express or implied, under any patents, trademarks, trade names, or other proprietary rights owned or controlled by Lacantus Store, its subsidiaries, affiliates, or suppliers; it being specifically understood and agreed that all the rights are reserved to Lacantus Store, its subsidiaries, affiliates, or suppliers. Without limiting the foregoing, Buyer will not, without Lacantus Store’s prior written consent, use any trademark or trade name of Lacantus Store in connection with any the Products, other than with respect to the resale of the Products pre-marked or packaged by or on behalf of Lacantus Store.
16. TERMINATION. In addition to any other remedies that Lacantus Store may have, Lacantus Store may terminate this Agreement with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due under this Agreement and the failure continues for five (5) days after Buyer’s receipt of written notice of nonpayment; (ii) has not otherwise performed or complied with any of these Terms, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
17. CONFIDENTIALITY. All non-public, confidential, or proprietary information of Lacantus Store, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, that Lacantus Store discloses to Buyer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and regardless of whether marked, designated, or otherwise identified as “confidential,” in connection with the Agreement is confidential, solely for the use of performing the Agreement, and may not be disclosed or copied unless authorized in advance by Lacantus Store in writing. Upon Lacantus Store’s request, Buyer will promptly return all documents and other materials received from Lacantus Store. Lacantus Store will be entitled to injunctive relief for any violation of this Section 17, without having to post bond or establish the insufficiency of a remedy at law. This Section 17 does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by Lacantus Store on a non-confidential basis from a third party.
18. COMPLIANCE. Buyer agrees that all applicable import, export control and sanctions laws, regulations, orders and requirements, as they may be amended from time to time, including without limitation those of the United States, the European Union and the jurisdictions in which Lacantus Store and Buyer are established or from which items may be supplied, and the requirements of any licenses, authorizations, general licenses or license exceptions relating thereto will apply to its receipt and use of goods. In no event shall Buyer use, transfer, release, export or re -export any such goods in violation of such applicable laws, regulations, orders or requirements or the requirements of any licenses, authorizations or license exceptions relating thereto. Buyer agrees furthermore that it shall not engage in any activity that would expose the Lacantus Store to a risk of penalties under laws and regulations of any relevant jurisdiction prohibiting improper payments, including but not limited to bribes, to officials of any government or of any agency, instrumentality or political subdivision thereof, to political parties or political party officials or candidates for public office, or to any employee of any customer or supplier. Buyer agrees to comply with all appropriate legal, ethical and compliance requirements.
19. GOVERNING LAW; VENUE; DISPUTE RESOLUTION. Buyer may not assign this Agreement without the prior written consent of Lacantus Store. Lacantus Store or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successor and assigns, (c) Products, or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.
20. CHOICE OF LANGUAGE. It is by the express intention of the parties hereto that the present Agreement and all its related documents be drafted in English. Il est de l’intention expresse des parties à la présente Convention (connaissement, bon de commande, bon de conditionnement ou facture) et tout document s’y rattachant soient écrit en langue anglaise.
21. SURVIVAL. In addition to any other term whose context may so require, the terms contained in Sections 1, 4, 7, 8, 9, 10, 11, 12, 14, 17, 19, 20, 21 and 22 will survive any cancellation of the purchase order.
22. DISCLAIMER; LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (I) LACANTUS STORE AND ITS PARENT, SUBSIDIARIES, AFFILIATES AND ITS AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES HEREBY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, AS TO NON-INFRINGEMENT, TITLE, MERCHANTABILITY, SECURITY OR FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM INTERRUPTIONS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREEDOM FROM ERRORS), WITH RESPECT TO THIS WEB SITE, ITS CONTENT, AND THE INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH IT, ALL OF WHICH ARE PROVIDED “AS IS,” AND (II) LACANTUS STORE AND ITS PARENT, SUBSIDIARIES, AFFILIATES AND ITS AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA, LOST OPPORTUNITIES, LOST INFORMATION, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE WEB SITE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE THE BASIS OF THE BARGAIN BETWEEN YOU AND LACANTUS STORE, AND THE PRODUCTS, INFORMATION AND SERVICES AVAILABLE AND OFFERED ON THE WEB SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
23. MISCELLANEOUS. Buyer acknowledges that is has not been induced to purchase any the Products from Lacantus Store by any representation or warranty not expressly set forth in this Agreement. These Terms and the Sales Confirmation constitute the entire agreement of the parties and supersede all existing agreements and all other oral or written communications between them concerning its subject matter. None of the Terms may be added to, modified, superseded, or otherwise altered, except by a written document signed by an authorized representative of Lacantus Store that specifically references these Terms and states that it modifies them. If there is a conflict between the provisions of the Sales Confirmation and these Terms, then the terms of the Sales Confirmation will govern. No waiver by Lacantus Store of any of the provisions of these Terms is effective unless explicitly set forth in writing that specifically references these Terms and is signed by Lacantus Store. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The Section headings contained in these Terms are for convenience only and will not affect the interpretation of any provision. If any provision of this Agreement is held to be prohibited or unenforceable, the provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Buyer will not assign any quotation or accepted order for the Products, in whole or in part, without Lacantus Store’s prior written consent.
24. USING LACANTUS. In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:
- breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
- fail to pay for items purchased by you, unless you have a valid reason as set out in an LACANTUS policy, for example, where the seller has materially changed the item’s description after you bid;
- fail to deliver items sold by you, unless you have a valid reason as set out in an LACANTUS policy;
- manipulate the price of any item or interfere with any other user’s listings;
- take any action that may undermine the feedback or ratings systems;
- transfer your LACANTUS account (including feedback) and user ID to another party without our consent;
- share your log in credentials with any third parties. If you require that authorized third parties (employees, agents, etc.) have access to your account you should contact LACANTUS for that purpose.
- create listings, post, or upload content in inappropriate categories or areas on our sites;
- post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm LACANTUS or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of LACANTUS;
- circumvent any technical measures used to provide our Services.
- interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any LACANTUS application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to LACANTUS. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to LACANTUS or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
- commercialize any LACANTUS application or any information, data, or software associated with such application, except with the prior express permission of LACANTUS; or
- harvest or otherwise collect or use information about users without their consent.
25 CONTENT. When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against LACANTUS, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of our Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this General Terms and Conditions. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this General Terms and Conditions, does not and will not infringe any Intellectual Property Rights of any third party. LACANTUS takes no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including LACANTUS users). You may use that content solely in your LACANTUS listings. LACANTUS may modify or revoke such permission at any time in our sole discretion. The product data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product / item data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product / item data, but we cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that LACANTUS is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.
The name “LACANTUS” and other LACANTUS marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of LACANTUS in the U.S. and other countries. They may not be used without the express written prior permission of LACANTUS.
International Shipping Policies for Jewelry
Lacantus Store offers shipping to most international countries worldwide. Please review our international order and shipping policies below as shipping rates and other fees may vary depending on the destination address outside the USA.
For any questions or queries regarding our products or services, please contact our international customer care team.
International orders are all shipped International Priority with our carrier and includes insurance for the full value of the merchandise.
Estimated shipped time is within 10-15 business days, however this might be extended depending on the customs process and may vary depending on the destination country.
Customs, Duties, Taxes and Other Charges
Orders shipped to addresses outside the USA may be subject to additional charges, taxes or fees which are determined by the local customs office of the destination country. Any import duties, custom fees, taxes or other charges that may be collected for international orders are the responsibility of the customer.
International purchasers should contact their customs office for accurate duty and tax information. You may also find helpful information for estimating taxes and duties on the U.S. Customs Website.
Where available, the websites of local customs offices are also provided here.
Lacantus Store extends the same 15 day return policy on orders shipped outside of the USA. The customer is responsible for all shipping costs, duties, VAT and taxes that may be incurred in returning the item(s) back to Lacantus Store or our Jewelry Partner. We do not accept C.O.D returns.
If any duties, VAT or taxes were paid to the shipping carrier on receipt of the order, it is the customer’s responsibility to contact them to request any refunds.
In the event a package is refused at customs by the customer, or if a customer is unavailable to accept the package from the shipping carrier and Lacantus Store is charged any return shipping charges, duties, VAT or taxes, the customer will be responsible for all expenses related to the outbound shipment and return of the package. This amount will be deducted from the original sales amount when the refund is applied.
Lacantus Store will refund the same amount in USD to international customers per the initial purchase. In the event a refund is issued and the exchange rate has fluctuated from when the initial international purchase was made, Lacantus Store will not be responsible for any possible decrease in the foreign currency refund amount and/or any fees that may be imposed by the receiving international bank.
Please follow the steps on the return policy page to process a return. The return carrier to use is at the sole discretion of the customer, however the recommended shipping carriers are UPS and Federal Express.
Crowdfunding Terms & Conditions
Welcome to Lacantus Store Crowdfunding for Events!
We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using Lacantus Store after a change, that means you accept the new terms.
Lacantus Store is for your personal, non-commercial use.
About Creating an Account
To sign up for a Lacantus Store account, you need to be 18 or over. You’re responsible for your account and all the activity on it.
You can browse Lacantus Store without registering for an account. But to use some of Lacantus Store’s functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to email@example.com.
To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.
Things You Definitely Shouldn’t Do
This section is a list of things you probably already know you shouldn’t do — lie, break laws, abuse people, steal data, hack other people’s computers, and so on. Please behave yourself. Don’t do this stuff.
A lot of people use Lacantus Store. We expect all of them to behave responsibly and help keep this a nice place. Don’t do any of these things on the Site:
- Don’t break the law.Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
- Don’t lie to people.Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
- Don’t offer prohibited items.Don’t offer any rewards that are illegal, violate any of Lacantus Store’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
- Don’t victimize anyone.Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
- Don’t spam.Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
- Don’t harm anyone’s computer.Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Lacantus Store or another party).
- Don’t abuse other users’ personal information.When you use Lacantus Store — and especially if you create a successful project — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a Lacantus Store project: don’t use it for other purposes, and don’t abuse it.
We also need to make sure that the Site is secure and our systems function properly. So don’t do any of these things — most of which boil down to “don’t mess with our system.”
- Don’t try to interfere with the proper workings of the Services.
- Don’t bypass any measures we’ve put in place to secure the Services.
- Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Lacantus Store or another party.
- Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
- Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
- Don’t take apart or reverse engineer any aspect of Lacantus Store in an effort to access things like source code, underlying ideas, or algorithms.
How Projects Work
Lacantus Store provides a funding platform for creative projects of events. When a creator posts a project on Lacantus Store, they’re inviting other people to form a contract with them. Anyone who backs a project is accepting the creator’s offer, and forming that contract.
Lacantus Store is not a part of this contract — the contract is a direct legal agreement between creators and their backers. Here are the terms that govern that agreement:
When a project is successfully funded, the creator must complete the project and fulfill each reward. Once a creator has done so, they’ve satisfied their obligation to their backers.
Throughout the process, creators owe their backers a high standard of effort, honest communication, and a dedication to bringing the project to life. At the same time, backers must understand that when they back a project, they’re helping to create something new — not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents the creator from being able to finish the project as promised.
If a creator is unable to complete their project and fulfill rewards, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for backers. A creator in this position has only remedied the situation and met their obligations to backers if:
- they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned;
- they work diligently and in good faith to bring the project to the best possible conclusion in a timeframe that’s communicated to backers;
- they’re able to demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the project as promised;
- they’ve been honest, and have made no material misrepresentations in their communication to backers; and
- they offer to return any remaining funds to backers who have not received their reward (in proportion to the amounts pledged), or else explain how those funds will be used to complete the project in some alternate form.
The creator is solely responsible for fulfilling the promises made in their project. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by backers.
How Funding Works
This section goes over the details of backing and creating projects — things like how money gets collected, whether pledges can be changed or canceled, and how creators can contact backers to provide rewards.
These are the terms that apply when you’re backing a project:
- You’ll be charged, even if the project does not reach its fundraising goal.You’ll provide your payment information when you pledge, and you’ll be charged. Your payment will be collected like a purchase, between 24 or 48 hours your “order” will be completed. The exact amount you pledged is the amount Lacantus Store will collect. If the campaign has reached or hasn’t reached its fundraising goal, you’ll be charged as well, funds will be collected, and money will change hands.
- You can change your pledge at any time before the project’s funding deadline (with one exception).You can increase your pledge at any time during the campaign, with one exception, you can’t cancel your pledge (“order”). After the last 24 hours of the campaign, you can’t increase your pledge without contacting customer support first — if that action would drop the project below its funding goal. Once the project has been funded, you can only change your pledge by making special arrangements directly with the creator.
- The Estimated Delivery Date is the creator’s The date listed on each reward is the creator’s estimate of when they will provide the reward — not a guarantee to fulfill by that date. The schedule may change as the creator works on the project. We ask creators to think carefully, set a date they feel confident they can work toward, and communicate with backers about any changes.
- The creator may need to send you questions about your reward. To deliver rewards, the creator might need information from you, like your mailing address or t-shirt size. They’ll request that information after the campaign has succeeded. To receive the reward, you’ll need to provide the information in a reasonable amount of time. Creators should not ask for personal information that is not necessary to provide your reward, and should never request sensitive personal information such as your Social Security number or payment information. Contact us at firstname.lastname@example.org if you receive a request for information that seems inappropriate or excessive.
- Lacantus Store doesn’t offer refunds. Responsibility for finishing a project lies entirely with the project creator. Lacantus Store doesn’t hold funds on creators’ behalf, cannot guarantee creators’ work, and does not offer refunds.
These are the terms that apply when you’re creating a project:
- You cannot refund individual pledges. After your project has been funded, you cannot cancel and refund a backer’s pledge. It means that you have further obligation to that specific backer, and the agreement still exists between you.
- We’ll charge our fees before putting funds in your account. Lacantus Store and its payment partners will subtract fees before transmitting the proceeds of a campaign.
- Some pledges can’t be collected, which might reduce the amount of funding you get.Because some payments can’t be collected — for instance, when a backer’s credit card expires before funding ends, and they don’t provide updated information — we can’t guarantee that the amount of funding you receive will be exactly equal to the full amount pledged minus fees.
- We’ll help resolve payment-card disputes.If a backer of your project disputes the charge with their card issuer, we’ll handle re-presenting the charge to settle the dispute with the card issuer. You’ll be notified that a dispute has been filed, and you’ll be able to provide evidence to help us resolve it in your favor. If the cardholder’s dispute is found valid, you authorize us to charge the credit card number you provided when you started your project for the amount of the chargeback.
- Don’t count your chickens before they hatch.Don’t assume you’ll be able to launch your project when you want; there could be a reason we’re not able to accept it, or a problem that takes time to resolve. Don’t assume you’ll be able to immediately collect your funding; there may be a delay between the end of a successful campaign and your access to the funds. And don’t take any actions in reliance on collecting any of the money pledged until you actually have the ability to withdraw it from your account and spend it.
Stuff We Don’t Do and Aren’t Responsible For
We don’t oversee projects’ performance, and we don’t mediate disputes between users.
Lacantus Store isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the Site. When you use the Services, you release Lacantus Store from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
Fees are charged on successfully and unsuccessfully funded projects. We charge 7%, in addition to any fees from our payments partners.
Creating an account on Lacantus Store is free. If you create a project that is successfully or unsuccessfully funded, we (and our payment partners) collect fees. Our partners’ fees may vary slightly based on your location. Fees:
If your project is successfully or unsuccessfully funded, the following fees will be collected from your funding total:
Lacantus Store fee (from successfully and unsuccessfully funded projects)
7% of total funds raised
Payment processing fees
3% (or 4%) + $0.20 per pledge
We will always collect our fees from the global amount collected from successfully or unsuccessfully projects. If our fees ever change, we’ll announce that on our Site. Some funds pledged by backers are collected by payment providers. Each payment provider is its own company, and Lacantus Store isn’t responsible for its performance.
You’re responsible for paying any additional fees or taxes associated with your use of Lacantus Store.
If you follow a link to another website, what happens there is between you and them — not us.
Lacantus Store may contain links to other websites. (For instance, project pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
Lacantus Store partners with other companies (such as Paypal) for payment processing. When you back or create a project, you’re also agreeing to the payment processor’s terms of service.
Your Intellectual Property
We don’t own the stuff you post on Lacantus Store. But when you post it, you’re giving us permission to use or copy it however we need in order to run the site, or show people what’s happening on it. (We generally just use this to promote projects and showcase our community on the website.) You’re responsible for the content you post, and you’re vouching to us that it’s all okay to use.
Lacantus Store doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a project for review, or launch a project, you agree to these terms:
- We can use the content you’ve submitted.You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
- When we use the content, we can make changes, like editing or translating it.You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
- You won’t submit stuff you don’t hold the copyright for (unless you have permission).Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Lacantus Store all the license rights outlined here).
- Any royalties or licensing on your Content are your responsibility.You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Lacantus Store’s hosting of that Content.
- You promise that if we use your Content, we’re not violating anyone’s rights or copyrights.If Lacantus Store or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- You’re responsible for the stuff you post.All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
- We’re not responsible for mistakes in your content. Lacantus Store will not be liable for any errors or omissions in any content.
Lacantus Store’s Intellectual Property
The content on Lacantus Store is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.
Lacantus Store’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
Lacantus Store grants you a license to reproduce content from the Services for personal use only. This license covers both Lacantus Store’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Lacantus Store or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
How We Deal with Copyright Issues
We comply with the Digital Millennium Copyright Act. To learn more about how we deal with claims of copyright infringement, send us an email to email@example.com Titled: Copyright Dispute. The disputes could take weeks, months, and could not take effect to any Crowdfunding Project.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Lacantus Store complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.).
Deleting Your Account
You can delete your account at any time, by sending an email to firstname.lastname@example.org. Deleting your account won’t automatically make some content you’ve already posted go away.
We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a project, deleting your account will not automatically remove the project from the Site.) You can contact us at email@example.com for additional information or to request project page deletion (this is not available in all circumstances).
To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t take these powers lightly, and we only use them when we absolutely have to.
Lacantus Store reserves these rights:
- We can make changes to the Lacantus Store Site and Services without notice or liability.
- We have the right to decide who’s eligible to use Lacantus Store. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Lacantus Store in that jurisdiction.
- We have the right to cancel any pledge to any project, at any time and for any reason.
- We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.
Lacantus Store is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. This site is presented as-is, without warranties.
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
LACANTUS STORE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM LACANTUS STORE SHALL CREATE ANY WARRANTY.
If you do something on Lacantus Store that winds up getting us sued, you have to help defend us.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Lacantus Store. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
Limitation of Liability
If something bad happens as a result of your using Lacantus Store, we’re not liable (beyond a small amount).
To the fullest extent permitted by law, in no event will Lacantus Store, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Lacantus Store’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
Dispute Resolution and Governing Law
We at Lacantus Store encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Lacantus Store and its Services are deemed a passive website that does not give rise to jurisdiction over Lacantus Store or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders. You agree that any action at law or in equity arising out of or relating to these Terms, you hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
These are our official terms and our rules for how things work. (So if you ever see confusing or conflicting information about any of this stuff, just check these terms — they’re the last word.) Thanks so much for reading them, and for using Lacantus Store!
These Terms and the other material referenced in them are the entire agreement between you and Lacantus Store with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Lacantus Store with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Lacantus Store to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Lacantus Store’s prior written consent. Lacantus Store has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Lacantus Store will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
See Also – Related Articles:
- Community Guidelines for Crowdfunding for Events Owners.
- Crowdfunding for Events – RULES
- ID Verification to Receive Funds.
- Lacantus Store – Trademark Usage Guidelines.
- Receiving Money Help Center.
- Understanding Crowdfunding Chargebacks.
- Best way to choose my funding goal.
- Fees & Pricing for LACANTUS’s Campaigners.
- Lacantus Store Terms & Conditions.
Lacantus.com Online Auction Bidder Terms and Conditions.
Bidder (Buyer) and Auctioneer (Lacantus.com) agree that the terms listed below shall govern each online auction sale.
All registration information the Bidder provides to Auctioneer shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale.
- Access and use of any online auction product of Lacantus.com (collectively the “Site”) is subject to any and all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement (collectively “Site User Agreement”) and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. Legal action will be taken against anyone violating the terms and conditions of the Site User Agreement or any other applicable law or regulation. Auctioneer reserves the right to periodically change the terms and conditions of the User Site Agreement and it is the Bidders’ responsibility to periodically review any and all changes made to these terms and conditions prior to each use of this Site. By using this Site, you agree in advance to accept any such changes.
- Before you can bid via Lacantus.com, you must register to bid online. The registration page can be accessed by clicking here. Once you have registered you should keep your account details strictly confidential and you must not permit any third party to use or access your account on your behalf or otherwise. You will be liable for any and all bids made via your account.
- Once you have successfully registered for Online Bidding in a Sale, you will be eligible to bid online at that Sale. During a Sale, you can bid for a lot by clicking the Bid button. Each bid shall be final and binding as soon as you click the Bid button.
- Please note that Lacantus.com reserves the right to reject a registration to bid online, withdraw its permission for you to use online bidding, or terminate an online bidding account, for any reason at any time prior to, during or after a Sale.
- You will be suspended or permanently banned from the Site if you provide false information when registering, such as a false name or fraudulent contact information. You will be permanently banned from this Site if you are the successful Bidder and you do not honor your auction bid. Lacantus.com (hereinafter “Auctioneer”) use of e-mail addresses is strictly limited to contact Buyers and Owner/Sellers; any use of this private information by you is strictly prohibited.
- Invoices will be emailed to successful bidders within 8 hours of the close of the auction. Full payment of the purchase price is sent to you by e-mail notification that you are the successful bidder. The successful bidder receive by e-mail a link to complete the payment process.
- Merchandise return/refunds: All items bid on and awarded to you as high bidder are your property upon the final payment of your invoice which will be charged to the Payment System you place on file at registration. By my registration I agree to accept all charges place on the Payment System that I used at registration, and that I waive any and all rights concerning charge backs or refund for any items charged off to me.
- Settlement for payment for purchases must be made by PayPal or credit card on file unless otherwise noted in a specific auction’s terms and conditions. Buyer must acknowledge and agree not to retract the purchase offer. Buyer shall be responsible for making arrangements for merchandise removal.
- The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Auctioneer concerning any item/lot shall be construed as a warranty either express or implied. ITEM/LOTS ARE SOLD AS IS – WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all item/lots were available for inspection prior to the auction and, by these terms, Auctioneer and Owner/Seller strongly encouraged Bidder to carefully inspect each item/lot in which Bidder had any interest to determine the item/lot’s nature, quality, condition, quantity and size. Bidder relied solely on personal inspection and not on information listed on the Site or otherwise provided by Auctioneer or Owner/Seller. Bidder’s failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute ground for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against Auctioneer or Owner/Seller. Condition Reports: Lacantus Store (Lacantus.com), and its employees are pleased to provide you with the condition of lots offered for auction. However, since we are not professional conservators or restorers, we urge you to inspect each lot yourself or have your agent do so on your behalf. Prospective buyers should satisfy themselves as to condition and must understand that any statement made by Lacantus.com, or its employees is merely a subjective qualified opinion, NOT WITHSTANDING WRITTEN REPORTS OR ANY DISCUSSION CONCERNING CONDITION IN THIS CATALOGUE.
- The Site User Agreement constitutes the final expression of the parties’ agreement and a complete and exclusive statement of the terms of the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. Auctioneer does not have control over the item/lots that are posted in the Site, and cannot guarantee the authenticity and quality of said product. Auctioneer is not responsible for the actions the Owner/Sellers and Buyers take before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Use of this site is at your own risk.
- Despite efforts to avoid the withdrawal of item/lots from the sale after they are listed it may sometimes be necessary. Auctioneer and the Owner/Seller reserve the right to do so at any time before or during the sale. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids in their sole discretion.
- Merchandise becomes the full responsibility of Buyer at time of PAYMENT, and Buyer assumes all risk of loss and damage to property until removed from sale premises. Owner/Seller and Auctioneer agree that merchandise may remain on the sale premises for a period of time following the sale.
- Auctioneer reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale.
- Auctioneer reserves the right to resell any property not paid for in full within four days of the online auction item/lot’s closing date. Failure to pay for item/lots won on this online auction will result in forfeiture of your deposit for expenses of resale, collection and damages resulting from the resale. The Owner/Sellers of property sold through this web site reserve the right to reject any and all bids, if they so choose.
- The final highest purchaser shall be designated at the end of each auction sale. If a dispute arises between two or more Bidders, Auctioneer reserves the right to reopen bidding. Auctioneers designation of the Buyer shall be final. Bid increments: Bidding generally opens at half the low estimate if provided and advance in preset increments which are determine for each auction event.
- Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Auctioneer and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees and expenses) related to, arising from or associated with Buyer’s, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item/lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.
- Auctioneer is providing services as an independent contractor for the Owner/Seller only and is not responsible for statements made by other parties.
- This Site User Agreement constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer, which Auctioneer may do at any time, without notice, in Auctioneer’s sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder’s only recourse is to immediately discontinue use of the auction Site. Auctioneer reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder’s access to, or use of, part or the entire Site without notice or penalty.
- Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final.
- Auctioneer gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Auctioneer does not sell or rent this information.
- Auctioneer uses email mailing lists to notify its customers about online auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to Auctioneer to have your name promptly removed from our list.
- As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this Site, and winning, then not paying for the product is illegal in most countries, and prosecution can result. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, in their sole discretion. Lacantus.com undertakes the execution of online bidding as a convenience for clients and is not responsible for any inadvertent failure to execute bids, or for any error in the execution of bids. IN THE EVENT OF A TIE BID, FLOOR BIDDERS ALWAYS TAKE PRECEDENCE.
- As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your number. If at any time you feel that your Bidder number and password have been compromised due to lack of security on your part you must notify Lacantus.com immediately.
- You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site Lacantus.com or the content contained herein without our prior, express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Auctioneer (Lacantus Store). THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights.
- No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
- The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of South Carolina applicable to contracts entered into and to be performed entirely within the State of South Carolina. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Auctioneer’s failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
- If a successful buyer fails to make a timely deposit, the Auctioneer and the seller may resell the item in question without notice. In addition, unless otherwise provided for in the Additional Info, the successful buyer shall pay the full purchase price of the lot (including in addition Buyer’s Premium and any value added tax or the equivalent or similar sales taxes) to the Auctioneer on behalf of the seller (in cleared funds) on or before the Payment Date. The buyer agrees that invoices may be issued in electronic form by email.
- Limitation of Liability. IN ADDITION TO THE EXCLUSION OF DAMAGES SET OUT IN THE USER AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSBILE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS OR OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT OR CONSQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM OUR SITE, OUR SERVICES, THE FAILURE OF ANY BID OR PRICING INFORMATION TO BE TRANSMITTED OR RECEIVED BY YOU OR THE AH IN A TIMELY MANNER, THE INTERRUPTION OF ANY DATA TRANSMISSION, AUDIO OR VIDEO BROADCAST, OR THESE TERMS AND CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE).
- These Lacantus.com Online Auction Bidder Terms and Conditions shall be governed by, and construed in accordance with, the laws that govern the general Bid Conditions in respect of the applicable Sale as specified therein, and by the other terms and conditions as are set forth in such Bid Conditions.
Gift Card Terms & Conditions
Lacantus Store reserves the right to update and change the terms and conditions of our Lacantus Store Gift Cards at any time. This does not affect your legal rights. Use of your Lacantus Store Gift Card constitutes acceptance of our Terms and Conditions and we therefore recommend you read them carefully. Lacantus Store Gift Cards remain the property of Lacantus Store who maintains the right to cancel the card in situations where it is deemed necessary to do so. The Lacantus Store Gift Cards are Digital and not Physical Cards.
The value of your Lacantus Store Gift Card can be redeemed in Lacantus Store online (from around the world) at www.lacantus.com. The gift card balance cannot be exchanged for cash or redeemed against the purchase of another card. Please note that Lacantus Store Gift Cards cannot be used in any other online or physical shop than Lacantus Store at www.lacantus.com.
The maximum amount that an individual Lacantus Store Gift Card can hold is £/€/$10,000; this limit cannot be exceeded by performing balance transfers (For amount greater than $10,000, please Contact Us).
Your Lacantus Store Gift Card is valid for a period of 12 months from the date of activation, after which any remaining balance will be removed and the card will become invalid and no longer available for use.
Lost/ Stolen/ Damaged
In cases where your Lacantus Store Gift Card is lost or stolen, Lacantus Store is unable to replace or reimburse the remaining balance on a card. Lacantus Store cannot be held responsible for the any balance lost on a Lacantus Store Gift Card as a result of theft or fraud. All Lacantus Store Gift Cards have a unique PIN number (Digital Code) hidden which is required for online purchases. Lacantus Store cannot be held responsible for any unauthorised use where the card number and/ or PIN have become known to another party.
Using a Lacantus Store Gift Card
Customers may use their Lacantus Store Gift Card via our website (www.lacantus.com) regardless of the country in which the card was purchased. Should you choose to use your Lacantus Store Gift Card outside of the country it was purchased in, foreign exchange rates applicable on the date of the transaction will apply to any transactions performed. Please note any redemptions, balance enquiries, top-ups and balance transfers will be reflected in the currency applicable to the country you are using it in.
Crediting a Lacantus Store Gift Card
Should you return product(s) purchased using a Lacantus Store Gift Card for an exchange of a lesser value, any refund amount due will be credited to the original method of payment. In the event that you may have discarded your Lacantus Store Gift Card, a new Card will be issued to you with the refund amount applied.
If a partial refund is made for any purchase using a Lacantus Store Gift Card and another method of payment, then any refund amount owing will be credited to the Lacantus Store Gift Card in the first instance.
If the total to be refunded is more than originally paid by Lacantus Store Gift Card, then any remaining refund balance will be refunded to the other method of payment used (debit/credit card or cash). But note that transaction rates will be applied by the payment method.
Governing Law and jurisdiction
These conditions are governed by and construed in accordance with the laws of England. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
See Also – Related Articles:
- Community Guidelines for Crowdfunding for Events Owners.
- Crowdfunding for Events – RULES.
- Crowdfunding Terms & Conditions.
- ID Verification to Receive Funds.
- Receiving Money Help Center.
- Understanding Crowdfunding Chargebacks.
- Best way to choose my funding goal.
- Fees & Pricing for LACANTUS’s Campaigners.
- Lacantus Store – Trademark Usage Guidelines
- Lacantus Store General Terms & Conditions.