THIS CONTRACT CONTAINS A WAIVER OF CLASS ACTIONS.
THIS CONTRACT CONTAINS A MANDATORY ARBITRATION AGREEMENT.
TERMS AND CONDITIONS
THIS “TERMS AND CONDITIONS” DOCUMENT IS A BINDING CONTRACT THAT GOVERNS YOUR USE OF THIS SITE, US.LADERACH.COM AND RELATED SITES, TO INTERACT WITH LADERACH E-COMMERCE (USA) LLC (hereafter “Laderach (USA)” or “the Company”).
DO NOT USE THIS SITE WITHOUT CAREFULLY READING THESE TERMS AND CONDITIONS.
2. USE OF THIS SITE:
(a) Limitations on Use of this Site: This Site is intended for, and the use of this Site is limited to, consumer retail buyers in the United States of America.
(b) Accuracy of Information You Provide: By using this Site, you represent the following to the Company:
- – that you are of the age of legal majority in the state where you reside;
- – that you have authority to use any login information and any password that you use to obtain access to this site, to make purchases on this Site, or to interact with Laderach (USA) through this or related sites;
- – that you have authority to use the payment method you use to purchase goods on this Site;
- – that you are a consumer buying for yourself or for another consumer;
- – that your legal residence is located in the United States of America.
(c) Current Information: You agree to provide accurate and current contact and shipping information to Laderach (USA) and to keep your information current. Laderach (USA) disclaims responsibility for any loss or damage resulting from incorrect contact or shipping information provided by you.
(d) Your Conduct on This Site: You agree (i) not to violate any law, rule, or regulation of the United States or of any State, applicable to your Use of this Site; (ii) not to use this Site for illegal purposes; (iii) not to interfere or disrupt this Site or networks connected to this Site, in any manner, including by interfering with or disrupting the Site or networks by introducing viruses or other technologically harmful materials; (iv) not to use this Site to infringe any third party’s copyright, patent, trademark, trade secret, or other intellectual property rights or rights of publicity or privacy; (v) not to download, extract or redistribute any portion of the code making up any portion of the software of this Site, (vi) not to transmit, through the use of this Site, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature to any person; (vii) not to interfere with another user’s use and enjoyment of this Site or otherwise interfere with the proper functioning of this Site; (viii) not to attempt to gain unauthorized access to other computer systems through this Site, or by attempting to override any security feature of the use of this Site.
(e) Suspension or Termination: Laderach (USA) reserves the right to terminate or suspend your account in Laderach (USA)’s sole discretion with or without cause and with or without prior notice to you. If you wish to terminate this Agreement, or should you object to any of the terms of this Agreement or to any future modification to this Agreement, you may give notice as specified in 10(b) below, or you may simply stop using this Site.
(f) Abuse of This Site: You are prohibited from violating or attempting to violate the security of this Site, or otherwise abusing this Site, including, without limitation: (i) using the Site for any illegal purpose; (ii) accessing data not intended for your use or logging onto a server or an account that you are not authorized to access; (iii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authority; (iv) attempting to download, extract or distribute any portion of the computer code making up any portion of this Site; (v) attempting to interfere with service to any user, host or network, including, without limitation, by introducing a virus to this Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (vi) sending unsolicited email, including promotions and/or advertising of products or services via this Site, or using any information about other users obtained from this Site in order to do so; (vii) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (viii) using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site or to bypass any measures used to restrict access to this Site; (ix) using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site, other than the search engine and search agents made available by the Laderach (USA) on this Site or generally available third party web browsers; (x) transmitting unlawful, harassing, libelous, abusive or otherwise objectionable material of any kind to any person; (xi) collecting information about other users without their consent; or (xii) interfering with another’s use of this Site or with the proper functioning of this Site.
3. ORDERING AND RECEIPT OF PRODUCTS:
(a) In order for Laderach (USA) to fulfill your order, you must maintain accurate and current contact information and mailing address with Laderach (USA).
(b) Laderach (USA) disclaims any responsibility for its inability to deliver goods if you have not provided complete, accurate and up-to-date delivery information.
(c) Laderach (USA) disclaims any responsibility for its inability to deliver goods in a timely manner, or undamaged, or fresh, if you have not provided complete, accurate and up-to-date delivery information.
(d) Laderach (USA) disclaims any responsibility for goods that are lost, stolen, spoiled or become undeliverable because of natural disasters, war, riot or any other catastrophic event. Should one of these conditions occur, Laderach (USA) will consider your request for a refund.
4. INTELLECTUAL PROPERTY:
(a) In General: All content on this Site constitutes Laderach (USA)’s copyright, trademark, service mark, trade dress and/or other intellectual property owned, controlled or licensed by Laderach (USA) or by third parties who have licensed their materials to Laderach (USA) and are protected by U.S. and international intellectual property laws.
(b) Copyright and Trademark: Your use of the Site does not give you the right to use, reproduce, collect, arrange or assemble any content from this Site, which is the exclusive property of Laderach (USA). You may not use any of Laderach (USA)’s copyrighted material, trademarks, service marks, or other proprietary rights or material, or to use any of Laderach (USA)’s patents, except as expressly permitted in writing by Laderach (USA). No trademark license or service mark license is granted to you in connection with the materials on this Site. Access to this Site does not authorize you or anyone to use any name, logo or mark in any manner. You may not use meta-tags or other hidden text utilizing Laderach (USA)’s name or trademarks without the express prior written consent of Laderach (USA).
(c) Use of Site Content: All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Content”) are intended solely for personal, non-commercial use by consumers in the United States of America in connection with the products provided on this Site.
(d) No Interest Transferred: No right, title or interest in any materials or software is transferred to you as a result of this Agreement or your use of this Site. You may not download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the content of this Site or any related software, nor may you employ any bots or other means to “screen scrape” or otherwise extract or obtain the benefit of data regarding transactions other than your own from this Site. All software used on this Site is the property of Laderach (USA) or its licensors and suppliers and protected by U.S. and international copyright laws. The content and software on this Site may be used only for the purpose of consumers purchasing Laderach (USA)’s products. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Site is strictly prohibited.
(e) Comments and Submissions by Users: All submissions by Users (hereafter “submissions” and including reviews, comments, photographs, video, feedback, postcards, suggestions, ideas and the like) that are submitted or offered to Laderach (USA) by you on or through this Site or otherwise disclosed, submitted or offered by you in connection with your use of this Site, shall be the property of Laderach (USA). Your transmission of submissions to Laderach (USA), constitutes an assignment to Laderach (USA) of all worldwide rights, title and interests in and to all copyrights and other intellectual property contained in your submission. As a result, Laderach (USA) shall own exclusively all such rights, title and interest in those submissions. Laderach (USA)’s use, commercial or otherwise, of any submission, shall not limited in any way.
(f) Notice of Infringement of Copyrights: Laderach (USA) responds to notices of alleged infringement of copyright property rights under the United States Digital Millennium Copyright Act. We work to ensure that items and content on this Site do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. Laderach (USA) will terminate the accounts of repeat copyright infringers.
If you believe that your intellectual property rights have been infringed, you may notify Laderach (USA) as per ADDENDUM to this document (please scroll down).
5. DISCLAIMERS OF WARRANTIES:
(a) Products sold on this Site and this Site are provided on an “as is” and “as available” basis with no warranties of any kind.
(b) Laderach (USA) expressly disclaims all warranties of any kind relating to this Site, whether express or implied. Laderach (USA)’s disclaimer of warranties includes but is not limited to, the disclaimer of any warranties of merchantability, fitness for a particular purpose, or non‐infringement.
(c) To the fullest extent permitted by applicable law, Laderach (USA) makes no representation or warranty that: (i) the services provided by the website will be uninterrupted, timely, reliable, accurate, or error‐free; (ii) defects will be corrected; (iii) the services provided or the servers that make the services available are free of viruses or other technologically harmful components; or (iv) the services provided will otherwise meet your needs, requirements, or expectations.
(d) You understand and agree that use of this Site is at your own risk, and that you will be solely and exclusively responsible for any damage to your computer system or loss of data that results from or is caused by viruses or other technologically harmful material that may infect your computer equipment, mobile device, data, or other proprietary material due to your use, access, or downloading content from this Site. Laderach (USA) does not warrant that this Site or its functions will be timely, secure, uninterrupted or error free, or that defects will be corrected.
(e) Laderach (USA) disclaims any liability arising from someone other than you using your password or accessing your User account.
(f) Laderach (USA) disclaims any liability for any damages to any person resulting from your use of the Services in a manner violating these Terms and Conditions or the licenses, Terms and Conditions, or User Agreements of any third party’s programs, services, or products. Laderach (USA) expressly disclaims any responsibility for any misrepresentations or breaches committed by any user of the Site.
6. LIMITATIONS OF LIABILITY:
Laderach (USA) is not liable for, and you shall not recover, in any proceeding, the following: punitive damages; treble, consequential, indirect, or special damages; costs; or attorney’s fees. In no event shall Laderach (USA) be liable for any cost, delay, lost profits, or any incidental, damages. You agree not to make any claim for damages other than direct compensatory damages as limited in this Agreement, and you waive them to the fullest extent allowed by law. Regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, your exclusive remedy and the total liability of Laderach (USA) arising in any way in connection with this Agreement, from any cause whatsoever, shall be limited to payment by Laderach (USA) to you of a sum equal to your purchase price as liquidated damages.
7. MANDATORY ARBITRATION:
THE PARTIES TO THIS AGREEMENT AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO USE BINDING ARBITRATION TO RESOLVE ANY DISPUTES ARISING OUT OF THIS AGREEMENT OR ANY USE OF THE WEBSITE. BINDING ARBITRATION SHALL BE CONDUCTED UNDER THE RULES FOR ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION AND SHALL BE CONDUCTED UNDER THE AUSPICES OF THE AMERICAN ARBITRATION ASSOCIATION. NEW YORK CITY, NEW YORK, USA SHALL BE THE SITE FOR ANY ARBITRATION. THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU UNDERSTAND THAT YOU ARE AGREEING TO THIS ARBITRATION PROVISION AND FURTHER, THAT AGREEING TO THIS ARBITRATION PROVISION ENTAILS GIVING UP THE RIGHT TO A TRIAL BY JURY.
IF FOR ANY REASON THIS ARBITRATION PROVISION IS HELD INAPPLICABLE OR VOID OR HELD NOT TO APPLY, OR IF A CLAIM SOMEHOW PROCEEDS IN COURT, THE COMPANY AND YOU EACH WAIVE TRIAL BY JURY.
BY AGREEING TO THE “TERMS AND CONDITIONS” YOU AGREE TO BE BOUND BY THIS ARBITARATION PROVISION.
8. WAIVER OF CLASS ACTIONS:
SHOULD MANDATORY ARBITRATION NOT BE AVAILABLE, EACH OF US MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS. WE BOTH HEREBY WAIVE ANY RIGHT TO BRING CLAIMS AS PART OF A CLASS OR REPRESENTATIVE ACTION OR PROCEEDING UNLESS BOTH YOU AND THE COMPANY AGREE TO THE CONTRARY. WE BOTH AGREE THAT MORE THAN ONE PARTY’S CLAIMS MAY NOT BE CONSOLIDATED OR JOINED BY THE APPLICABLE COURT, AND ANY RELIEF AWARDED TO THE USER CANNOT AFFECT OTHER USERS, AND VICE VERSA.
BY AGREEING TO THIS “TERMS AND CONDITIONS” DOCUMENT YOU AGREE TO BE BOUND BY THIS “WAIVER OF CLASS ACTIONS” PROVISION.
9. ELECTRONIC COMMUNICATION:
By agreeing to these Terms and Conditions you agree, subject to the “opt out” provisions of subparagraph (e) below, to the following:
(a) You agree to receive from Laderach (USA) e-mails, text messages, phone calls or other electronic communications consisting of commercial messages, transactional messages or relationship messages, as defined by the U.S. Telephone Consumer Protection Act, CAN-SPAM, and other applicable laws and regulations.
(b) You authorize Laderach (USA) to send these messages to your mobile device, land line phone, e-mail, Short Message Service or Multimedia Message Service.
(c) You authorize Laderach (USA) to transmit these messages to you: by live voice; by e-mail; or automated technology, including artificial or pre-recorded voice, auto-dialer, predictive dialer, or another automated technology. You may opt out of any of these communications by following the provisions of subparagraph (e) below.
(d) You acknowledge that you may be charged by your wireless service provider in connection with receiving electronic communications from Laderach (USA).
(e) You may revoke your authorization (“opt out”) for receiving these messages from Laderach (USA) at any time, by following the unsubscribe instructions contained in the electronic communication from Laderach (USA), by changing your communications choices in your Laderach (USA) User account, or by giving notice that you wish to revoke authorization to receive electronic communications as provided in the 10 (b) “Notice” provisions of this Agreement below.
(f) Please note that even if you “opt out,” if it becomes necessary for Laderach (USA) to contact you regarding your purchase on this website or about your User account, you may still receive some electronic communications from Laderach (USA) for those limited purposes.
10. MISCELLANOUS PROVISIONS:(a) Governing Law: This agreement and all matters arising out of it shall be governed by the law of the State of New York in all respects, including interpretation of this Terms and Conditions Agreement and choice of law provisions. Both you and Laderach (USA) agree to submit to personal jurisdiction in New York, and further agree that any arbitration or any cause of action relating to these Terms and Conditions shall be brought in New York City, New York County, State of New York; or in the Federal District Court for the Southern District of New York. (b) Notice: Notices to Laderach (USA) should be directed to: User Agreement to these Terms and Conditions: You agree that by checking the box that indicates User’s agreement to these Terms and Conditions, by creating an account on this Site, or by submitting an order to Laderach (USA), you are agreeing to the Terms and Conditions in place at that time.
SUBMIT A CLAIM FOR COPYRIGHT INFRINGEMENT
If you believe that an item or content infringes on your copyright property rights, you can report the claimed infringement by submitting to Laderach (USA) a Notice of Claimed Infringement. Once your report has been processed, we’ll provide you with information on how to submit additional reports, if necessary.
You may submit a Notice of Claimed Infringement using the form found here.
You may also file a Notice of Claimed Infringement by submitting a letter to Laderach (USA) addressed as follows:
To: Christina Wu
LADERACH (USA) INC.
750 Lexington Ave
Floor 9, Suite 08-117
New York, NY 10022
By e-mail: Christina.Wu@laderach.com
In your Notice of Claimed Infringement, you must provide all of the following information:
- The full identifying information for the maker of the Notice of Claimed Infringement, including all relevant names, addresses, phone numbers, e-mail addresses of both individuals and companies who are making complaint.
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
- Identification or description of the copyrighted work that you claim has been infringed.
- Identification or description of where the material that you claim is infringing that is located on the Laderach (USA) site, with enough detail that we may find it on the Laderach (USA) website.
- Your address, telephone number, and email address.
- A statement by you that you have a good-faith belief that the use of the allegedly infringing material isn’t authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You, the Complainant, must also include information reasonably sufficient to permit Laderach (USA) to contact you, such as your address, telephone number, and an electronic mail address at which you may be contacted.