www.lucysgift.org is a site operated by Lucy’s Gift LLC. We are registered in New Jersey. Our email address is: [email protected]. We currently accept orders from individuals in the United States (restrictions can be found below).
1. Important Legal Notice
2. Your Status and Use License
Permission is granted to temporarily download one copy of the information on the Lucy’s Gift website for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on the Lucy’s Gift website;
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
You may not bypass any measures used by Lucy’s Gift to prevent or restrict access to the site. Any unauthorized use by you shall immediately terminate the permission or license granted to you by Lucy’s Gift.
3. How the Contract is Formed Between You and Lucy’s Gift
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to availability and acceptance by us. We will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the “Dispatch Confirmation”), at which point the contract between us (“Contract”) will be formed.
We will not process your order until payment has been received in full. If you make a mistake with your order, you may be able to correct any mistakes made by email prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the products to us in accordance with our Returns Policy. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation. We are entitled to refuse any order made by you for any reason.
When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorized user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
The materials on Lucy’s Gift’s website are provided “as is.” Lucy’s Gift makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Lucy’s Gift does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Lucy’s Gift or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Lucy’s Gift’s Internet site, even if Lucy’s Gift or a Lucy’s Gift authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Revisions and Errata
Despite our greatest efforts, the materials appearing on Lucy’s Gift’s website could include technical, typographical, or photographic errors. Lucy’s Gift does not warrant that any of the materials on its website are accurate, complete, or current. Lucy’s Gift may make changes to the materials contained on its website at any time without notice. Lucy’s Gift does not, however, make any commitment to update the materials.
Lucy’s Gift has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Lucy’s Gift of the site. Use of any such linked website is at the user’s own risk.
8. Shipping Policy and Terms
We’re proud supporters of the United States Postal Service (USPS) and ship to the continental United States and Puerto Rico via USPS Priority mail. You can ship to the address you specify when placing your order (your own or another address) or to one of our physical stores, but not to a Post Office box or to another country other than that you place the order in. If picking up in store you can request your package from anyone at the Florham Park store by just presenting a copy of your email order confirmation and ID.
We currently offer flat rate, standard shipping anywhere in the continental United States, as well as the ability to pick up in our store located in Florham Park, New Jersey. While we do not provide Express Delivery options online, you may contact us at [email protected] and we will do whatever we can to meet your request.
|DELIVERY CHARGES & SCHEDULE|
|Delivery Charges||Delivery Schedule|
|USPS Priority Mail||Total order under $25; $4.99
Total order over $25; $7.99
Total order over $75; FREE
|Between 3-5 business days from order confirmation (for shipments to Alaska, Hawaii and Puerto Rico please allow 7-9 business days)|
|Express||Currently unavailable online; please contact us at [email protected] to inquire.|
|In Store Delivery||$2.00||Available next day after order confirmation|
To ensure that your package is properly delivered and you receive shipment promptly, please ensure you enter your address correctly; we do not take responsibility for any incorrect information submitted on your part. If your package is returned to us as “non-deliverable” we will issue you a refund for the net price of your item(s) minus the shipping charges both ways — shipping fees are non-refundable.
If, after placing an order, you refuse the shipment upon delivery, you will be held responsible for the original shipping charges and the cost of returning the package to us. This amount will be deducted from your merchandise refund.
If tracking information indicates that your package was delivered and you have not received it, you must address this with the United States Postal Service. Lucy’s Gift does not hold responsibility for packages that track as being delivered, nor do we issue refunds for such packages. For questions regarding shipping, please contact us at [email protected].
If you’re dissatisfied at any time during the first 15 days after purchase, simply return all unused, unworn products we shipped to you (in original condition, with all tags attached) and you will receive a full refund. Note: If you return your order to us in accordance with our Returns Policy you will receive a full refund of the price paid for the products within 14 days (“the Refund Period”). The Refund Period starts from the day after we receive the products back from you, or (if earlier) the day on which you provide us with evidence you have returned the products. Original shipping fees are non-refundable. Return shipping costs are the customer’s responsibility. A restocking fee will be assessed on orders that are refused by the customer at the time of delivery or returned due to an “un-deliverable” address.
Please follow the process below for returning your parcel to us:
- Contact [email protected] and detail the reason for the return. You’ll receive an RMA form containing our return address and return instructions. Returned items without a corresponding RMA form will not be accepted. Note: We recommend you obtain a tracking number when you ship your package back to us, because lost packages without proof of receipt cannot be given refunds.
- Upon receiving the product back in like-new condition, we will issue a refund within 14 days. Note: Merchandise must be unworn/unused, unwashed, and still have all tags attached. We can deduct from your refund for damage or wear and tear where you have used (or excessively handled) the products and this results in the value of the products being diminished. For hygienic reasons, stockings, socks, earrings, headbands and other hair ornaments (forks, bands, scrunchies etc.) cannot be returned or exchanged unless in 100% new and unused condition.
Since Lucy’s Gift products are in high demand, we cannot do “exchanges.” If you send back the item you want to exchange, there’s no guarantee we’ll have what you want at that time. So you must return your package by following the normal return procedure described above, and we’ll issue you a refund once we’ve received your return.
10. Returns of products Received in Error or Defective
In the event you have received the wrong item from us:
- Contact [email protected] and provide a clear explanation of what you ordered, your order number, the SKU (product) number and a description of what you received instead.
- We will study the case and provide a solution, as follows:
- If we sent you the wrong item we will process your order again and refund you in accordance with our refund policy upon receipt of the returned item. In addition, we will pay for the shipping costs of the returned item.
- If you ordered the wrong item we will process your order again and refund you in accordance with our refund policy upon receipt of the returned item. You will be responsible for the shipping costs of the returned item.
For information on returns please see our Returns Policy.
If you return your order to us in accordance with our Returns Policy you will receive a full refund of the price paid for the products within 14 days (“the Refund Period”), less shipping charges.
The Refund Period starts from the day after we receive the products back from you, or (if earlier) the day on which you provide us with evidence you have returned the products. Please note we can deduct from your refund for damage or wear and tear where you have used (or excessively handled) the products and this results in the value of the products being diminished. We refer you to our Returns Policy for more information on returns and refunds.
12. Availability and Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation email or, if no delivery date is specified, then without undue delay. In any event, delivery will take place no more than 30 calendar days after the day on which a Contract is entered into.
13. Price and Payment
Payment for all products must be by credit or debit card. We also accept payments via PAYPAL. All prices advertised are subject to changes. Only one promotion code can be used per order.
The price payable for the products shall be as shown on the website. Payment shall be made by you by the means specified on the website and shall not be deemed to be made until we have received cleared funds in respect of the full amount stated in the order. Prices are subject to change without notice.
Lucy’s Gift attempts to be as accurate as possible with product descriptions and prices. However, Lucy’s Gift does not warrant that product descriptions or prices are accurate. Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. In the event that a product is listed at an incorrect price or with incorrect information Lucy’s Gift has the right to refuse or cancel any such order whether or not the order has been confirmed and your credit or debit card has been charged.
14. Gift Card Redemption
Gifts cards cannot be redeemed for cash – they can only be used as store credit.
15. Our Liability
If we do not deliver, if the products that are delivered are not what you ordered, if they are damaged or defective, or if the delivery is of an incorrect quantity, our only obligation will be (at our option to): make good any incorrect or non-delivery; replace or repair any damaged or defective products ; or issue a refund. Our liability does not extend to you for any consequential, special or indirect losses. These may include, but are not limited to: loss of revenue, profits, contracts, business or anticipated savings, damage to or loss of goodwill, reputation or data. In any case, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the products. Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which we are not permitted to exclude or limit as a matter of law. Nothing in this contract shall exclude or limit your statutory rights.
16. Intellectual Property Rights
All and any Intellectual Property Rights in connection with this site shall be owned by us absolutely. All information and content available on or through the site is protected by copyright and is the property of Lucy’s Gift.
You agree to indemnify, defend and hold harmless Lucy’s Gift LLC, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these Terms and Conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: Strikes, lock-outs or other industrial action. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Impossibility of the use of public or private telecommunications networks. The acts, decrees, legislation, regulations or restrictions of any government. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18. Written Communications
Applicable laws may require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
20. Transfer of Rights and Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
23. Entire Agreement
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
24. Our Right to Update these Terms and Conditions
We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason in our sole discretion which we may decide. You will be subject to the policies and Terms and Conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
25. After-sales Service
Questions, comments or requests regarding these Terms and Conditions or our products should be addressed to [email protected].
26. Governing Law
Any claim relating to Lucy’s Gift’s website shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. If any of these Terms and Conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.