Table of Contents:
Price, Payment, and Taxes
Cancellations and Returns
Arbitration of Disputes
Class Action Waiver
NOTE: Arbitration Provision
These Terms of Sale include a binding arbitration agreement, which provides that certain disputes between you and LURA will be resolved through binding individual arbitration and will not be decided by a jury or judge.
We reserve the right to reject any orders at our sole discretion.
PRICE, PAYMENT AND TAXES.
The essential characteristics and the price of each product are displayed on the Website. The information displayed on the Website does not represent a binding offer by LURA. An order is not accepted until confirmed by LURA. The contract between you and LURA for the purchase of products from LURA Eyewear LLC is executed upon receipt by you of an order confirmation sent to you via the email at the address provided to you by LURA at checkout. By submitting your order via the Website, you agree to pay the purchase price for the product(s) you selected plus shipping and handling costs if you select expedited shipping, and applicable duties and/or taxes, if any. Your debit or credit card will be charged in this amount at the time you submit your order.
We will deliver the product(s) you purchased to a common carrier at our warehouse in Santa Ana, California USA for shipment to the destination you provided at checkout. You receive title and you bear all risks of loss and damage to the products from the time we deliver the products to the carrier at our warehouse in Santa Ana. We have selected a carrier with an excellent shipping record which we believe provides a high level of protection.
CANCELLATIONS AND RETURNS.
We do not accept any cancellations or returns, except as specified in our Return Policy or required by applicable law. You bear all risks of loss and damage to the returned product(s) from the time you ship the product(s) until we receive the product(s) at our offices in Los Angeles.
You must bring warranty claims within one 90 days of purchase under our limited warranty statement.
The laws of the State of California govern these Terms, as well as any dispute, claim, or controversy that may arise between you and LURA, without regard to conflict of law principles and excluding the UN Convention on Contracts for the International Sale of Goods (CISG); except that all of the arbitration provisions in these Terms shall be governed exclusively by the United States Federal Arbitration Act.
ARBITRATION OF DISPUTES
ANY CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU, ON ONE HAND, AND LURA Eyewear LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND ITS AFFILIATES’ OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS , ON THE OTHER HAND, ARISING OUT OF OR RELATING TO THESE TERMS OF SALE OR THE BREACH, TERMINATION, OR VALIDITY THEREOF, AND/OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS OF SALE, WILL BE SETTLED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION UNDER THE RULES AND AUSPICES OF JAMS OR ITS SUCCESSOR. Judgment on the award of the arbitrators may be entered by any court having jurisdiction to do so. No joinder of other claimants’ claims or class claims in arbitration shall be permitted. Any controversy about whether a dispute is subject to arbitration shall also be determined solely by arbitration as specified above. Any legal proceeding permitted to be filed in a court by these Terms of Sale shall be brought and heard only in a state or federal court located in Orange County, California; all parties waive any right to have any such court proceeding brought or heard in or transferred to any other location; and you hereby consent to personal jurisdiction in such courts. Further information about JAMS and the arbitration rules can be found on the JAMS website here.
CLASS ACTION WAIVER
You and LURA agree that each may bring a dispute against the other only in an individual capacity and not on behalf of any class of people. You and LURA agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims. You and LURA agree not to combine a claim subject to arbitration under these Terms of Sale with a claim that is not eligible for arbitration.
Changes. We may change the content on our Website and these Terms at any time, at our sole discretion, by publishing changes on the Website. If you continue using the Website, you accept the new Terms. However, You will not be bound by any changes to the arbitration provisions in these Terms without your affirmative consent
Severability. If any provision of these Terms of Sale is determined to be invalid, illegal or unenforceable, such provision shall be upheld to the fullest extent legally permissible and the remaining provisions of these Terms of Sale shall remain in full force and effect. Nothing herein is intended to override mandatory laws to the extent they cannot be contractually altered or modified.
Contact Information. This Website is operated by LURA Eyewear LLC , Address: 530 E. 8th St. Unit 401, Los Angeles, CA 90014 (“LURA”); Phone: +1 (530) 320-1018 Email: email@example.com.
Last updated July 21st, 2016.