Last Updated April 24, 2017
Welcome to Olive Lucy! These terms and conditions (these “Terms”) apply to the purchase and sale of Olive Lucy Gourmet Foods, LLC (“Olive Lucy,” “us”, “we”, or “our”) products and services through our website www.olive-lucy.com (the “Site”). We may change the Terms from time to time. We will post these changes to the Site and they will be effective as of the “Last Updated Date” referenced on the Site. Please review these Terms prior to purchasing any product or services that are available through this Site as your continued use of this Site constitutes your acceptance of and agreement to the Terms and any changes. Please do not use this Site if you are not of legal age to enter a binding agreement or do not agree with our Terms.
1. Prices and Payment Terms.
(a) The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes, if applicable, or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer promotions on the Site from time to time that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. All special offers are only valid as stated and for the duration of the time allotted. Offers and coupons will not be honored past their expiration date.
(c) We accept all major credit cards for purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
2. Shipments; Delivery; Title and Risk of Loss.
(a) For deliveries within the Continental United States, your items will ship out within three (3) business days of credit card authorization. We currently ship through United Parcel Service (UPS) and the U.S. Postal Service (USPS). Please allow five to seven (5-7) business days for shipping and be aware that shipping and delivery dates are estimates only and cannot be guaranteed. We are sorry that we cannot ship to P.O. boxes or international addresses at this time.
(b) Please call the store at 267-722-8251 [Tuesday – Friday 10 am – 6 pm; Saturday 11 am – 4 pm] or email firstname.lastname@example.org prior to placing your order if you require alternative shipping arrangements or if you need to change or cancel your order. Since we process orders promptly upon receipt, we cannot guarantee cancellations or changes but we will do our best to accommodate you.
3. Returns and Refunds.
(a) Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the product for a refund of your purchase price with valid proof of purchase, less the original shipping and handling costs, provided such return is made within thirty (30) days of the confirmed delivery date by our shipping carriers and provided such products are returned unopened in their original condition.
(b) All refunds will be provided as a credit to the credit card used at the time of purchase within five (5) business days of the cancelled order or upon receipt of the returned, unopened merchandise to the store. All merchandise may be exchanged, provided the merchandise is unopened and returned in its original packaged state.
(c) You are responsible for all shipping and handling charges on items returned or exchanged by mail; unless the return or exchange is due to a defect in the product or to an error by Olive Lucy in the fulfillment of your order in which case we will cover the cost of reshipping the proper item.
(d) When returning an item by mail, you bear the risk of loss during shipment, therefore we strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can trace your shipment.
(e) If you receive a defective product, please contact us as soon as possible and we will make a determination to replace, exchange or refund the product.
We stand behind our products. If you are not satisfied for any reason, we will accept an item for return, provided we receive it within 10 days of purchase.
5. Limitation of Liability.
WE HAVE BEEN GIVEN ASSURANCES OF PRODUCT SALABILITY, MERCHANTIBILITY AND COMPLIANCE FROM THE MANUFACTURERS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall apply to the extent permitted by law.
7. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
8. Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms and purchases made through this Site are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania.
9. Dispute Resolution and Binding Arbitration.
(a) You and Olive Lucy agree to relinquish any rights to litigate claims in a court or before a jury. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and Olive Lucy arising from or relating in any way to your purchase of products or services through the site, will be resolved exclusively and finally by binding arbitration.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section 9.
(c) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
We would love to hear from you. Please feel free to contact us by calling the store at 267-722-8251 or by emailing us at email@example.com.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
12. Entire Agreement.