Terms & Conditions
Updated January 24th, 2018
A. General Terms
Before using
the LATICCI.com website (the “Website”), please review
all of the terms included below, as the Terms and Conditions for the
use (“Use Terms”), the Terms and Conditions of Sale (“Sale Terms”), and
Additional Terms, together with the Privacy Policy, govern your
(“customer,” “you,” “your,” or similar terms) use of the website and any
purchases that you make or attempt to make.
If you do not agree to these terms please exit and do not use the Website.
By
continuing to use the Website after any update it is automatically
understood that you accept and agree in full to be bound by, and consent
to, the current terms including any changes.
The LATICCI.com
website is operated by LATICCI, Inc with registered address located at 251 Little Falls Drive, Wilmington, New Castle, DE 19808, United States of America, and SHANGHAI E.G. TRADING LIMITED with its principal
office located at F/7, 1359 ZHONGHUA ROAD, HUANGPU DISTRICT, SHANGHAI
20010, P.R. China (LATICCI).
B. Terms and Conditions for the use of the LATICCI.com website
(1) General.
All use of the LATICCI.com website is subject to these Use Terms.
(2) Data Security and Privacy
(a)
Privacy Policy. The LATICCI.COM Privacy Policy governs the use of any
personal information that you provide to LATICCI on this website or is
otherwise collected through your use of the Website.
(b) Not
intended for minors. The website is not intended for those under 18.
By using the website you guarantee that you are 18 years of age or
older. Furthermore, we do not knowingly collect or solicit personal
information from those under 18 (including those under the age of 13) or
knowingly allow such persons to register for an online account or to
post personal information on our websites.
(c) Records. Without
limiting the terms of the Privacy Policy, you acknowledge and agree that
LATICCI may preserve any transmittal or communication by you with
LATICCI through the Websites (or customer service), and may also
disclose such data if required to do so by law or LATICCI determines
that such preservation or disclosure is reasonably necessary to (1)
comply with legal process, (2) enforce these Use Terms, (3) respond to
claims that any such data violates the rights of others, or (4) protect
the rights, property or personal safety of LATICCI, its employees, users
of or visitors to the Website, and the public.
(3) Intellectual Property
(a)
Ownership. The LATICCI.com website and material on the LATICCI.com
website (including all intellectual property of any nature, whether
registered or unregistered, including drawings, designs, illustrations,
photographs, videos, sound tracks, written text, logos, trademarks) are
the exclusive property of SHANGHAI E.G. TRADING LIMITED and its
affiliates and subsidiaries. You may not reproduce by any means or
process (except as expressly provided herein), in whole or in part,
distribute, publish, transmit, create derivative works based on, modify
or sell any material contained on the LATICCI.com and LATICCI.cn
websites.
The “LATICCI” trademark and all other LATICCI related
marks and logos, whether registered or not registered, displayed on the
LATICCI websites, as well as the domain name "LATICCI.com," and
"LATICCI.cn" are and will remain the exclusive property of SHANGHAI E.G.
TRADING LIMITED. Any reproduction, distribution, transmission,
modification, or use of any LATICCI trademark for any purpose is
prohibited.
(b) Proprietary markings. You may not remove any
copyright, trademark or other proprietary notice contained on the
LATICCI website or any content contained therein.
(c) Feedback.
You agree that any and all feedback, reviews, suggestions, designs,
concepts, photographs, testimonials, and other items or materials
(except for your personal information) disclosed or submitted to LATICCI
through this Website or by other means ("Submissions") are neither
confidential nor proprietary to you and may be used by LATICCI without
restriction or compensation. By making a Submission to LATICCI, you
grant to LATICCI under all right, title and interest, including
copyrights, in the Submission a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
display and otherwise fully exploit such Submissions. LATICCI has no
obligation (i) to keep any Submission confidential; (ii) to pay you or
anyone any compensation for any Submission or for using a Submission; or
(iii) to respond to or acknowledge any Submission. You represent and
warrant that no Submission you make will violate any right of any third
party, including, but not limited to, copyright, trademark, patent,
trade secret, privacy or other personal or proprietary right. By making a
Submission, you agree that LATICCI has the right (but not the
obligation) to copy, publish, distribute or use such Submission for any
purpose, including, but not limited to, advertising, promotional,
product development or other commercial purposes, without compensation
to you or to any other person. You are and shall remain solely
responsible for the content of any Submission you make.
(4) Linking
(a)
Links to third party sites. The LATICCI websites may contain links to
third party websites not under the operation or control of LATICCI. All
such links are provided as a convenience only and are not, and should
not be interpreted as, an express or implied endorsement of such third
party websites or any products or services that may be offered thereon.
LATICCI shall have no liability or responsibility for the content,
availability, or otherwise in connection with such third party
websites. Any questions or concerns about third party websites should
be directed to the owners or operators of such websites. Please review
the terms and conditions that may be imposed by such websites, as they
may be different from these Use Terms.
(b) Linking only with
authorization. You may only provide a link (including deep linking) to
the LATICCI websites if expressly authorized in writing by LATICCI.
(5) Use Restrictions
(a)
No scraping. You may not use any automatic device, program, or
methodology (including, without limitation, “page-scrape,” “robot,” or
“spider”), or any similar or equivalent manual process, to access,
acquire, copy, or monitor any portion of the Website, to obtain or
attempt to obtain any materials, documents or information through any
means not purposely made available through the Website. LATICCI
reserves the right to bar any such activity.
(b) No
circumvention. You may not attempt to gain unauthorized access to any
portion or feature of the Website, or any other systems or networks
connected to the Website by hacking, password “mining” or any other
illegitimate means.
In addition, you may not probe, scan or test
the vulnerability of the Website or any network connected to the
Website, nor breach the security or authentication measures on the
Website. You may not reverse look-up, trace or seek to trace any
information on any other user of or visitor to the Website, or any other
customer of LATICCI, or exploit the Website or any service or
information made available or offered by or through the Website, in any
way where the purpose is to reveal any information, including but not
limited to personal identification or information, other than your own
information, as provided for by the Website.
(c) No
interference. You agree not to use any device, software or routine to
interfere or attempt to interfere with the proper working of the Website
or any transaction being conducted on the Website, or with any other
person’s use of the Website.
(d) No unlawful use. You may not
use the Website for any purpose that is unlawful or prohibited by these
Use Terms, or to solicit the performance of any illegal activity or
other activity which infringes the rights of LATICCI or others
C. Terms and Conditions of Sale for the LATICCI websites
The purchase or attempted purchase by you of any products offered on LATICCI websites is subject to these Sale Terms.
For each order on LATICCI websites, your acceptance of the Sale Terms in force at the date of the order will be required.
(1) Purchase – general terms
(a)
Not for resale. Orders may only be placed on the LATICCI websites for
personal use and not for resale. Any resale or distribution of LATICCI
products purchased on LATICCI websites is strictly prohibited.
(b)
For regions included in the Delivery Information regions only. The
LATICCI websites may be used to order a selection of LATICCIproducts
directly online via the Internet from the countries listed in our
Delivery Informaiton zones only and for delivery only in these zones,
and no toher geographical regions.
(c) Phone orders. We do not accept orders placed by phone. All orders need to be made online.
(d)
Delivery. LATICCI products ordered via the websites may be delivered
only to the regions listed in our Delivery Information section. If you
have questions about our Delivery regions, you may contact us as
[email protected]
(e) Right to cancel. LATICCI reserves the right
to cancel any order placed by a customer in its sole discretion and
without liability, including, without limitation, an order from a
customer with whom it has a dispute concerning a prior purchase or if
LATICCI has reasonable cause to suspect that such customer has violated
these Sale Terms, is engaged in any fraudulent activity, or for any
other reason.
(f) Quantity restrictions. To ensure the best
quality service and product availability, you may not order on the
LATICCI websites more than 6 items of the same SKU number within a
period of thirty (30) calendar days. Additional restrictions may apply
to certain products or classes of products. If you attempt to order
more products than are permitted, customer service will contact you.
(g)
Availability. All offers of products as they are displayed on the
LATICCI websites are subject to availability. LATICCI reserves the
right to change the items proposed on the websites at any time and
without notice. We attempt to provide information about the
availability of products at the time of the ordering, but at times
errors may exist, including when simultaneous orders of the same product
are being placed by several customers. If a product is not available
without a material delay after your place your order, you will be
informed by email or by phone, and you will be allowed to order a
substitute item shown on the websites, to wait until the product is
available, or to cancel your order. If you choose to cancel your order,
any amounts already charged will be refunded. LATICCI shall not be
liable if products are not in stock or otherwise not available.
(h)
Age. You must be 18 years or older in order to make a purchase on the
LATICCI.com website, and by making a purchase you represent that you are
at least 18 years old. We do not sell products or services for
purchase by children, the website is not directed at, nor do we
knowingly collect personally identifiable information from children,
including those under the age of 13.
(i) Account. Certain
features or services offered on or through the Webite may require you to
open an account. You are entirely responsible for maintaining the
confidentiality of the information for your account, including your
password, and for any and all activity that occurs under your account as
a result of your failing to keep this information secure and
confidential. You agree to notify LATICCI immediately of any
unauthorized use of your account or password, or any other breach of
security. You may be held liable for losses incurred by LATICCI or any
other user of or visitor to the Website due to someone else using your
account as a result of your failing to keep your account information
secure and confidential. Access to your account may be terminated or
suspended in our sole discretion. See the Termination of Access section
for more information.
(2) Purchase – confirmation
(a)
Pre-order summary. For each product selected on the LATICCI websites, a
summary page will be displayed and may feature a photograph of the
item, its coloring and references, the unit price, the quantity ordered,
and the total amount owed for your order. Before placing your order by
clicking on the “Purchase” button, please confirm that this information
accurately reflects your selection. Once you have confirmed your order
it will be submitted for processing.
(b) Visual accuracy. While
we take steps to try to ensure that the coloring, design, and style of
the LATICCI products in the photographs or other representations
displayed on the LATICCI websites are representative of the original
products, variations may occur due to technical restrictions of color
reproduction on your computer equipment. Accordingly, LATICCI shall not
be liable for any error or inaccuracy in the photographs or other
representations of LATICCI products displayed on the LATICCI websites.
If you have any questions about the products, please contact customer
service.
(c) Submitted orders. Once your order is submitted for
processing it may not be amended or cancelled except pursuant to the
conditions provided for herein or pursuant to applicable law. Placing
an order confirms your acceptance of the Sale Terms. Once an order is
placed you will receive an order summary via email.
(d)
Records. The data collected by the LATICCI websites establishes the
terms of the transactions between LATICCI and its customers. In the
event of a dispute between LATICCI and its customers relating to a
transaction entered into using the LATICCI websites, and subject to
LATICCI’s right to cancel or not accept an order, the data collected by
LATICCI are the terms of the transaction.
(3) Purchase – pricing and payment
(a)
Listed price. The pricing for all LATICCI products on the LATICCI
websites are listed in US Dollars,
Euros, and Australian Dollars exclude taxes and shipping costs (see "Shipping and
Delivery"). LATICCI reserves the right to modify the prices of products
offered on the LATICCI websites at any time without prior notice. You
will be charged the prices displayed on the LATICCI websites at the time
your order was confirmed provided the goods ordered were available at
this time, however, LATICCI reserves the right not to accept or to
cancel your order in our sole discretion for any reason without
liability, including if the products are not available, are incorrectly
priced or are otherwise incorrectly described.
(b) Payment
methods. You are required to pay for any order placed on the LATICCI
websites immediately upon confirmation of your order. Your order will
only be processed for shipment once we have verified your payment method
and received authorization to process your payment. We only accept
payment by credit card, PayPal, and Bank Transfer (US customers only). All orders are
payable in USD, EUR, and AUD depending on the region from which you
are making the purchase and the region to which the order will be
shipped. We accept the following charge cards and credit cards:
MasterCard and Visa.
(c) Title. All products
ordered through the LATICCI websites remain the property of LATICCI
until full payment is tendered to LATICCI. In the event of a payment
dispute, you are required to return the products that are the subject of
dispute to LATICCI immediately upon request, and to assume the risks
(in particular the risks of loss, theft, and damage) relating to such
products.
(4) Shipping and Delivery
(a)
Restrictions. Products purchased through the LATICCI websites may only
be delivered within the regions listed in our Delivery Information
section. LATICCI will not process any order for which a post office box
or APO/FPO address, or a hotel or motel address, is provided. Any such
delivery address will be refused during the ordering procedure. Goods
will be shipped to the accepted delivery address specified during the
ordering procedure. Not all products can be shipped to all locations.
If state or other regulations prohibit shipping of products to the
address you specify customer service will contact you.
(b)
Signature required. A signature of an adult aged 18 years or older may
be required for delivery. Customer assumes all responsibility once a
signature is obtained at the delivery address.
(c) Shipping
costs. You will be asked to select the shipment method you would prefer
as part of the order procedure. Delivery costs depend on the delivery
service you select. We will inform you of the shipping costs for the
shipment method you select in the order summary displayed on the LATICCI
websites before you confirm your order. This amount will be payable by
you in addition to the price, including taxes, of the goods ordered.
LATICCI reserves the right to divide your order into partial shipments.
In this case, your method of payment will be debited for the goods
shipped and for a single shipment.
(d)
Delivery timing. During the ordering procedure, we will inform you of
the time required for delivery and the various forms of delivery
available for the goods purchased. If your order, or a part of your
order, is not able to ship without material delay, customer service will
contact you to provide more detail and an estimated shipping date. All delivery schedules indicated are for reference only. While most orders are delivered successfully within these time-frames, from time to time there are exception caused by delays during Customs or shipping carries processing times. Such delays are beyond our control, and LATICCI shall not be held responsible for order delays due to any such circumstances.
(e)
Taxes. Our listed product charges include taxes for China, Hong Kong,
and Macau. Based on your location, your local Customs may impose other taxes and duties on your order. Any questions and concerns regarding taxation matters should be directed to your local Customs.
(f)
Delivery problems. Any delivery failure or late delivery that exceeds
ten (30) business days should be reported to our customer service as
soon as possible. In order for your claim of delivery failure or late
delivery to be accepted, you must notify us within thirty (30) calendar
days from the date of confirmation of your order.
(g) If the delivery is rejected at the destination address provided by you, LATICCI will not be held responsible for the delivery failure. In the event that a delivery is rejected at the destination for reasons beyond our control, and the package is returned to us, you will be responsible for all charges that LATICCI incurs as a result for the rejected delivery and additional shipping charges. In that event once the package is returned successfully back to our warehouse we will subtract all fees from your original payment amount and refund you only the remaining balance. Note that rejected packages are marked as "Last Priority" by shipping companies and it may take up to 10 months for such packages to be returned to us. Your refund will be processed only once the original package is returned. Additionally, LATICCI reserves the right to charge a restocking fee of up to 20% of the purchased item(s) price, on top of the shipping charges.
(h) You must check
that your shipment is correct on delivery. If there are any
discrepancies in your order, for example damaged or missing goods, when
you receive your order, you should note the nature of the problem by
hand, if possible, on the delivery notice, and sign. You must contact
us as soon as possible but no later than ten (10) days after receiving
the delivery.
(5) Returns and exchanges
(a)
Returns and exchanges of purchased items. You may return any product
ordered on the LATICCI websites for exchange or refund within fourteen
(14) calendar days from the delivery date. Returned products must be in
their original condition, unused, unwashed, unaltered, and in the same
condition in which it was received with all tags attached, and in the
original packaging (including, if possible, the original delivery box).
The original invoice must be provided with any return. LATICCI will
determine in its sole discretion whether the products are in original
condition when returned. If LATICCI determines that the products are
not in original condition they will be returned to you. Please allow up
to ten (10) days for the processing of your return. Original shipping costs will not be refunded. For items advertised as "Free Shipping" the actual shipping costs will be subtracted from the payment amount before refunding. If your item arrives back to us more than 30 days after you submit the return request, your return request will not be processed.
For returns please contact customer service by responding to the e-mail confirmation of your order. Please read return instruction here. We are working on making return processing more cost-efficient for you in the near future. Please contact us if you have any questions or suggestions. LATICCI does not take title to
any returned products until they are received by us.
(b) Restrictions.
(i)
Personalized or altered products. A product ordered on the LATICCI
websites that has been personalized, or a product that has been altered
or tailored in any way, or washed or cleaned, cannot be returned for
exchange or refund.
(ii) Sale and other non-refundable Products.
All products sold as part of a sale or using a discount code are final and not returnable. You
may request a price adjustment if a purchased product is marked down
within seven (7) calendar days of the delivery of your order. LATICCI
reserves the right to designate other products as non-returnable. Any
such designation will be noted on the product detail page.
(c)
Return or exchange of gift items. If you received an item as a gift
from the LATICCI websites, you may exchange it for another item of equal
or greater value within fourteen (14) days of delivery. You, the gift
recipient, must pay the difference in price. Please contact Customer
Service to receive a pre-paid label by email.
You may exchange
the gift item either (i) for a different item of equal or greater value,
or (ii) multiple items that together are equal to or greater in value
than the purchased products. Shipping costs are excluded from the value
of an exchange.
If you request a refund, the original shipping costs
will be refunded only if the products are returned because they were not
as ordered or were damaged.
You
are responsible for insuring your package for the full retail value of
the item. You agree to bear the risks of the shipping method you have
chosen, and LATICCI will not be responsible or liable if any item you
return to the LATICCI websites is lost, misplaced, or delivered late.
Neither the original shipping costs nor the costs you pay to ship your
return will be refunded to you.
(d) Refund. If you request a
refund for returned products, LATICCI will use commercially reasonable
efforts to ensure that any refund will be made within ten (10) business
days of receipt of the goods. All refunds shall be made to the original
form of payment. Under no circumstances will LATICCI grant you an
electronic credit usable on the LATICCI websites.
D. Additional Terms
For
the avoidance of doubt, the following additional terms (“Additional
Terms”) apply to your use of the LATICCI websites and any purchase or
attempted purchase you make.
(1) Termination of access
(a)
Termination. You agree that LATICCI may, in its sole discretion and
without prior notice, terminate your access to the Website and/or block
your future access to the Website if we determine that you have violated
any of our terms, including the Use Terms, the Sale Terms, the
Additional Terms, and the Privacy Policy. You also agree that any
violation by you of any of our terms, will constitute an unlawful and
unfair business practice, and will cause irreparable harm to LATICCI,
for which monetary damages would be inadequate, and you consent to
LATICCI obtaining any injunctive or equitable relief that LATICCI deems
necessary or appropriate in such circumstances without the posting of
any bond. These remedies are in addition to any other remedies LATICCI
may have at law or in equity.
You agree that LATICCI may, in its
sole discretion and without prior notice, terminate your access to the
Website, for cause, which includes (but is not limited to) (1) requests
by law enforcement or other government agencies, (2) a request by you
(self-initiated account deletions), (3) discontinuance or material
modification of the Website or any service offered on or through the
Website, or (4) unexpected technical issues or problems.
(b)
Recovery of costs. If LATICCI does take any legal action against you as
a result of your violation of these Use Terms, LATICCI will be entitled
to recover from you, and you agree to pay, all reasonable attorneys’
fees and costs of such action, in addition to any other relief granted
to LATICCI. You agree that LATICCI will not be liable to you or to any
third party for termination of your access to the Website as a result of
any violation of our terms, including the Use Terms, the Sale Terms,
the Additional Terms, and the Privacy Policy.
(2) Disclaimer of Representations and Warranties
The
LATICCI website and its contents are provided on an "as is" and "as
available" basis. LATICCI makes no warranties of any kind.
Without limiting the generality of the foregoing, LATICCI does not represent, warrant, or guarantee that:
(a) the Website is free from viruses, worms, trojan horses or other destructive material or malicious code;
(b) the information contained on the LATICCI website is accurate, complete or up to date; or
(c) the LATICCI website is free of defects or that any inaccuracies or defects will be corrected.
By
using the LATICCI websites, you agree that your use of the websites is
at your sole risk, that you assume full responsibility for all loss of
use, loss of data and costs associated with all necessary servicing or
repairs of any equipment and/or software that you use in connection with
this site, and that LATICCI shall not be responsible or liable for any
damages of any kind whatsoever arising out of, caused by or related to
your use of the Website. Your sole remedy against LATICCI for
dissatisfaction with the websites is to stop using the websites.
Where
applicable law does not allow the exclusion of implied warranties, some
or all of the foregoing disclaimers of warranty may not apply to you.
(2) Limitation of Liabilities; Indemnity.
LATICCI
shall not be liable to you or any third party for any DAMAGES OF ANY
KIND, INCLUDING, WITHOUT LImitation, actual, direct, indirect,
incidental, special, punitive, exemplary or consequential damages,
whether arising under contract, tort, or any other theory, including,
without limitation, loss of profits or other intangible losses, arising
out of or in connection with your use or inability to use, performance
of, or information provided through the LATICCI websites, even if
LATICCI has been advised of the possibility of such damages. Without
limiting the foregoing, LATICCI shall have no liability for any delay or
failure to deliver products or otherwise perform any obligation as
specified hereunder if the same is wholly or partly caused by
circumstances beyond our reasonable control.
If, notwithstanding
the other provisions of these Use Terms, LATICCI is found to be liable
to you for any damage or loss which arises out of or is in any way
connected with your use of the Website, LATICCI’s liability shall in no
event exceed US$50.00.
Certain state laws do not allow
limitations on the exclusion or limitation of certain damages. If these
laws apply to you, some or all of the above disclaimers, exclusions, or
limitations may not apply to you, and you might have additional rights.
You
agree to defend, indemnify and hold harmless LATICCI, its affiliates
and their officers, directors, employees and shareholders from and
against any and all claims, damages, losses, costs and expenses,
including, but not limited to, reasonable attorneys' fees and court
costs, arising from or related to your use of the Websites.
(3) Law and Disputes
Our
terms, including the Use Terms, the Sale Terms, and the Additional
Terms shall be governed by and construed in accordance with the laws of
the state of Delaware of the United States of America, without regard to its principles of
conflicts of laws, and shall govern all matters arising our of or
relating to the Use Terms or Sale Terms, including, without limitation,
their validity, interpretation, construction, performance, and
enforcement. In the event of a dispute, the courts located in the city of Wilmington, DE, USA, shall have exclusive
jurisdiction and you hereby agree to submit to the exclusive
jurisdiction of such court and you irrevocably and unconditionally waive
and agree not to plead or claim in any such court that any such action,
suit or proceeding brought in any such court has been brought in an
inconvenient forum. LATICCI shall be entitled to seek and obtain
injunctive or other equitable relief to protect its rights hereunder
without the need to post any bond or surety.
(4) Miscellaneous
(a)
Severability. If any provision of the Use Terms, Sale Terms, or
Additional Terms is determined to be invalid, illegal or unenforceable,
the remaining provisions of shall remain in full force to the extent
permitted by law.
(b) Waiver. No failure, forbearance, neglect
or delay of any kind or to any extent on the part of LATICCI in
connection with the enforcement or exercise of any rights under the Use
Terms, the Sale Terms, the Additional Terms shall affect or diminish
LATICCI’s ability to enforce such rights or any other rights under the
Use Terms, the Sale Terms, the Additional Terms.
(c) Construction
and interpretation. References to Articles, Sections and Exhibits are
to be construed as references to the Articles or Sections of the
relevant portions of the Use Terms, Sale Terms, or Additional Terms,
unless otherwise indicated, and terms such as “hereof,” “herein,”
“hereunder” and other similar compounds of the word “here” shall mean
and refer to this entire set of terms rather than any particular part of
the same. The paragraph headings and captions are included merely for
convenience of reference. They are not to be considered part of, or to
be used in interpreting, the terms and in no way limit or affect any of
the contents of the terms or its provisions. Whenever used, except as
otherwise expressly provided or unless the context otherwise requires,
any noun or pronoun shall be deemed to include the plural as well as the
singular and to cover all genders. The words "includes" and
"including" when used herein shall be deemed to be followed by the
phrase "without limitation" unless such phrase otherwise appears. Any
reference to products, goods, or merchandise shall refer to the items
offered for sale on the Website.
END