PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled, you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
We accept VISA, MasterCard, American Express, and Discover credit cards for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. In the event any of items (i) – (iii) above are incorrect, you shall be solely responsible for any and all fees incurred by us as a result of your conduct, including, but not limited to, attorneys’ fees.
Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.
Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
Changes in Products and Pricing
We are constantly updating and revising our offerings of products, and we may discontinue and/or sell out of products at any time without notice. To the extent that we provide information on availability of products, you should not rely on such information, and we will not be liable for any lack of availability of products that you may order through our site.
All pricing for the products available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, price changes, errors in advertisements and other extenuating circumstances.
We offer a variety of shipping options to meet your shipping needs. We use only premium carriers (UPS, FedEx, DHL) with various delivery options available for many items. Please check the final checkout page for specific delivery options. Deliveries are not insured nor guaranteed against loss, theft and damage. Please refer to our policies regarding Route Shipping Protection for loss, theft, and damage. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted.
Please note the shipping time may vary from item to item and is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
There may be occasional delays beyond the posted order processing time. If the delay is more than seven business days, please contact us regarding this delay. If the delay will be less than seven business days, we will ship the product as soon as it is received.
These shipping terms are accepted by you by placing an order with us.
Advertising Disclaimer and Trademarks
We are not responsible for the accuracy of the description of products that are posted on our site, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled by us, we will immediately issue a credit to your credit card account in the amount of the charge.
All trademarks and registered trademarks relating to products available through our site are the sole property of their respective owners. Photographs are property of Lively Ghosts, LLC, a California limited liability company and any unauthorized use is strictly prohibited.
Disclaimer and Limitation of Liability
Our responsibility for defects relating to the products available on our site is limited to the procedures described in our return policy set forth below.
ALL PRODUCTS AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS THAT ARE DAMAGED DURING SHIPPING. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR DAMAGE TO PROPERTY OR PERSON, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. 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 YOU HAVE ORDERED THROUGH OUR SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS.
We warrant that our products will be free from defects in materials and workmanship for ten days from the date of shipment or invoice. In the event a product is broken prior to shipment, we, in our sole and absolute discretion, will either: (1) provide replacement parts necessary to repair the product; (2) replace the product with a comparable product; or (3) refund the amount you paid for the product in store credit, LESS DEPRECIATION, upon its return. You must assist us in diagnosing issues with your product and follow our warranty processes. You are responsible for properly packaging your product, paying all shipping costs, loss or damage to the product during shipping, and any other taxes, fees or charges associated with transporting the product back to us. If you live in the United States, we will pay the costs of returning the product to you after repair.
THIS LIMITED WARRANTY DOES NOT COVER MISUSE OR MINOR IMPERFECTIONS WITHIN DESIGN SPECIFICATIONS OR WHICH DO NOT MATERIALLY ALTER FUNCTIONALITY. WE DO NOT WARRANT AND ARE NOT RESPONSIBLE FOR DAMAGES CAUSED BY SHIPPING, MISUSE, ABUSE, ACCIDENTS, OR THE COMBINATION OF LIVELY GHOSTS BRANDED PRODUCTS WITH OTHER PRODUCTS. THIS LIMITED WARRANTY DOES NOT COVER NON-LIVELY GHOSTS BRANDED PRODUCTS. ANY WARRANTY APPLICABLE TO NON-LIVELY GHOSTS BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURER.
Our policy lasts 30 days. If 30 days have gone by since your package arrived (based on the tracking), unfortunately we cannot offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging (backing card in good condition for pins). We cannot offer a refund or exchange once the product has been used unless the product is faulty or defective. Customer must contact our customer support before sending any returns. We are not responsible for any loss or damage during shipment. Shipping charges for all returns must be prepaid and insured (if you choose to insure the item) by you. If your return is eligible for a refund, the refund will not include any shipping and handling charges that may be shown on the packaging slip or invoice. When we receive the returned product, we will examine it and notify you via e-mail, within a reasonable period of time, whether you are entitled to a refund or a replacement as a result of the defect. If you are entitled to a replacement or refund, we will replace the product or refund the purchase price in the form of a shop credit. Shipping and handling charges you already paid are not refundable, and any amounts refunded will not include the cost of shipping.
The following items cannot be exchanged or returned: beauty products (including makeup and fragrances), tea and other consumable products, and gift cards. ALL SALES OF THE ABOVE REFERENCED PRODUCTS ARE FINAL.
Questions regarding our return policy should be addressed via e-mail to email@example.com. These policies set forth your sole and exclusive rights with respect to return of products that you may purchase through our site.
Safe Shopping Guarantee
Your browser and our secure server encrypt confidential information during transmission, ensuring that transactions stay private and protected. We guarantee the safety of your credit card information in the following manner: if any unauthorized use of your credit card occurs as a result of your credit card purchase on our site, simply notify your credit card provider in accordance with its reporting rules and procedures. If, through no fault of your own, your credit card company finds credit card fraud but does not waive your entire liability for unauthorized charges, we will reimburse you for the remaining liability up to a maximum of $50. This guarantee applies to purchases made using our secure server (https: protocol).
When you visit our site or send e-mails to us, you are communicating with us electronically and therefore consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Privacy and Customer Information
At any time you may update your customer account information by following the instructions posted elsewhere on this site. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information.
Site Content Copyrighted
The contents of our site, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by Lively Ghosts, LLC, a California limited liability company and contain Lively Ghost’s name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring Lively Ghosts’ products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use Lively Ghosts’ icons, site address, or other means to hyperlink other Internet sites with any page in our site, and Lively Ghosts assumes no responsibility for any other party’s site hyperlinked to our or in which any part of Lively Ghosts’ site has been hyperlinked.
All text, graphics, button icons, images, audio clips, and software on the site (collectively, “Content”), belongs exclusively to Lively Ghosts. The collection, arrangement, and assembly of all Content on this site (the “Compilation”) belongs exclusively to Lively Ghosts. All software used on this Site (the “Software”) is the property of Lively Ghosts, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. Lively Ghosts and its logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Lively Ghosts, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Entire Agreement and Other Documents
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
Governing Law and Statute of Limitations
This site (excluding any linked sites) is controlled by Lively Ghosts from our offices within the State of California. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Central District of California with respect to such matters.
Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
We make no representation that the products available through our site are appropriate or available for use in locations outside of the United States and accessing them from territories where such products are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.