Terms & Conditions
TERMS & CONDITIONS OF USE
©2019 Shop LC Global Inc. ALL RIGHTS RESERVED.
This website is operated by Shop LC Global Inc. dba Shop LC The website address for Shop LC is http://www.shoplc.com. The mailing address for Shop LC is, 100 Michael Angelo Way, Suite 300D, Austin 78728, via email at Customerservice@shoplc.com or by phone at 1-877-899-0078
By accessing the Web Site, by ordering products from Shop LC, and by engaging in other activities as set forth below, you accept Shop LC’s Terms and Conditions. Please review the Terms and Conditions carefully.
SHOP LC’s TERMS & CONDITIONS
1. Introduction, Overview and Applicability
Shop LC sells jewelry and other products to the general public through its Web Site, through “Apps” that customers may download, through broadcasts over cable channels or the internet, and through other means. Shop LC’s Terms and Conditions (referred to as “Terms and Conditions” or the “Agreement”) apply generally to (1) all purchases made by You from Shop LC and all sales made by Shop LC, (2) all services provided by Shop LC, (3) the Web Site, (4) our downloadable Apps (“Apps”), (5) our broadcasts, (6) all communications or interactions with Shop LC, whether written or oral, and (7) your account or other relationship with Shop LC. As examples, Your use of our Web Site, your purchase of goods from us, your use of our Apps, your viewing of or interaction with our broadcasts, your communications to or from us, and your account with us shall all be deemed to be governed by these Terms and Conditions. Our Web Site, Apps, invoices, emails and other communications may expressly refer to and incorporate these Terms and Conditions. However, the Terms and Conditions shall apply regardless of whether expressly referred to or not. Please review the Terms and Conditions carefully, since they govern your relationship with Shop LC.
Shop LC’s full name is Shop LC Global, Inc. d/b/a Shop LC, and in these Terms and Conditions we may for convenience sometimes refer to ourselves as “Shop LC,” “we” “us” or “our”. The Terms and Conditions apply to you and any authorized user of your account, whom for convenience we may refer to together as “You,” “you,” “Your,” or “your”. We refer to our website (www.shoplc.com) and any pages within the website simply as the ‘Site” or “Web Site.” Your communications or interactions with Shop LC, in any form, whether written or oral, whether telephonic, through the Web Site, email, or otherwise, and regardless of whether sent or initiated by you or us, shall be referred to simply as “communications.”
Your use of the Site or Apps, your product orders from us, and your communications with us, signify your agreement to be bound by these Terms and Conditions, as well as the Privacy Policy that is accessible through the Site. If you do not agree to be bound by both the Terms and Conditions (and Privacy Policy), please discontinue use of the Site and Apps, do not further access or otherwise use the Site or Apps, and do not order products from us.
You agree when establishing any account with us to provide accurate information requested in our account sign-up form or web pages. You agree to update the account information to ensure that it remains accurate at all times. You agree, when establishing an account with us, to receive special offers and exclusive discounts via the email address submitted by you.
Shop LC reserves the right, at its sole discretion, to change, modify, or add to or remove any portion of the Site, the Apps, the Terms and Conditions or the Privacy Policy, in whole or in part, at any time. Changes to the Terms and Conditions or Privacy Policy will be effective when posted on the Site. You agree to review the Terms and Conditions and Privacy Policy each time you use the Site or Apps, order product from us, or communicate with us. Your continued use of the Site, Apps, communications with us, or product orders, after any changes to the Terms and Conditions or Privacy Policy are posted will be considered acceptance of those changes and to the revised Terms and Conditions and Privacy Policy. You may only use the Site or Apps, order product from us, or communicate with us as set forth in and subject to these Terms and Conditions.
Separately designated terms and conditions (“Sale Terms and Conditions”) will apply to your purchase of any products from us, whether through the Site, our App, the broadcast, by telephone, or otherwise. You agree that if you purchase any products from us, such Sale Terms and Conditions, as they may be amended or updated by us from time to time, shall apply in addition to the Terms and Conditions. To the extent there is any conflict between the Terms and Conditions and the Sale Terms and Conditions, the latter shall apply.
Other separately designated terms and conditions (“Additional Terms and Conditions”), as they may be amended or updated by us from time to time, apply to various other programs offered by us, such as payment programs, or online sale auction programs. If Additional Terms and Conditions apply, they will be separately identified and set forth below, or will be separately provided or made available to you. In all cases, these Terms and Conditions shall apply in addition to any separately identified terms and conditions (that is, the Additional Terms and Conditions), except that if there is any conflict between the Terms and Conditions and the applicable Additional Terms and Conditions, the latter shall apply to the extent of any conflict. To the extent there is any conflict between the Sale Terms and Conditions and the Additional Terms and Conditions, the latter shall apply.
Shop LC reserves the right, at its sole discretion, to change, modify, or add to the Sale Terms and Conditions or Additional Terms and Conditions at any time. Changes will be effective when posted on the Site. You agree to review the applicable terms each time you use the Site or Apps, order product from us, or use the programs covered by the Additional Terms and Conditions. Your continued use of the Site, or purchase of products or used of programs covered by the Additional Terms and Conditions, after any changes are posted will be considered acceptance of those changes.
The provisions of these Terms and Conditions, as well as the Sale Terms and Conditions and Additional Terms and Conditions, are for the benefit of Shop LC and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site.
2. Warranties and Disclaimers
a. Viruses, Data Breach, Etc. You understand that Shop LC cannot and does not guarantee or warrant that the Site, the Apps or any files, content, software code or information on the Site or Apps or available for downloading through the Site or any Apps, will be free of infection or viruses, worms, Trojan horses or other code that have contaminating or destructive properties. Shop LC also does not warrant that the Site, Apps or broadcasts will be uninterrupted or error-free or that defects in the Site, Apps or broadcasts will be corrected. The Site, the Apps, any files, content, software code or information on the Site or Apps or available for downloading through the Site or Apps, and any Broadcasts are provided on an "as is, as available" basis. While we take certain precautions to attempt to secure any financial or personal data that you communicate or provide to us, we cannot and do not guarantee the adequacy of such precautions against intrusion by unauthorized third parties and the consequent misappropriation or loss of your data or information. You are responsible for implementing sufficient procedures and safeguards to satisfy your particular requirements for security and for accuracy of data input and output, for input of financial or personal information, and for maintaining a means external to the Site and Apps for the reconstruction of any lost data. You assume complete responsibility and risk for your use of the Site, Apps and the Internet, including any site to which you transfer or to which you are transferred from our Site. You also assume the risk of a breach of our computer systems and any consequent loss or misappropriation of your personal or financial information.
b. Errors. The documents and related graphics published on this Site may include technical inaccuracies or typographical errors. Changes are periodically made to the information on the Site. Shop LC and/or its respective suppliers may also make improvements and changes in the product(s) or the program(s) described herein at any time.
c. Third Party Sites. Some links, menu items, or other items you click on may cause or allow you to leave Shop LC's Site or Apps. The linked Sites are not under the control of Shop LC and Shop LC is not responsible for the contents of the linked Site, any linked Site contained in a link Site, or any changes or updates to such Sites. Shop LC provides links to you only as a convenience, or to facilitate payment or some aspect of a transaction or communication with Shop LC, and the inclusion of any link, menu item or other item that causes you to transfer from our Site or Apps does not imply endorsement by Shop LC of the Site. You understand that the Internet contains materials some of which are sexually explicit or may be offensive to you. You access such materials at your own risk. Shop LC has no control over and accepts no responsibility whatsoever for any such materials. IF YOU TRANSFER OR ARE TRANSFERRED FROM OUR SITE TO ANOTHER SITE, FOR EXAMPLE FOR PURPOSES OF MAKING ANY PAYMENTS, SHOP LC MAKES NO WARRANTIES OF ANY TYPE WITH RESPECT TO SUCH SITE, AND SHOP LC SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
d. Conflict-Free Diamonds. SHOP LC WARRANTS THAT TO THE BEST OF ITS KNOWLEDGE ALL DIAMONDS OFFERED BY SHOP LC FOR SALE HAVE BEEN PURCHASED FROM LEGITIMATE SOURCES WHO PURCHASE FROM CONFLICT-FREE AREAS AND IN COMPLIANCE WITH UNITED NATIONS RESOLUTIONS. SHOP LC EITHER HAS PERSONAL KNOWLEDGE THAT THE DIAMONDS ARE CONFLICT-FREE OR WRITTEN GUARANTEES PROVIDED BY ITS SUPPLIER.
e. DISCLAIMER OF WARRANTIES. SHOP LC HEREBY DISCLAIMS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, EXCEPT ANY EXPRESS WARRANTIES SET FORTH IN THE SALE TERMS AND CONDITIONS OR OTHER SEPARATELY IDENTIFIED TERMS AND CONDITIONS, IF APPLICABLE.
f. Customer’s Warranty of Account and Payment Information. You warrant that in establishing an account with us, the information you provide is complete and accurate, and that you will update your account information whenever the information changes. You also represent and warrant that whenever you make payment for a product purchased from us, you are authorized to use and have the legal right to use the method of payment.
g. All prices shown on the Website and Live TV Network are quoted in United States Dollars. In addition to the price for goods and services, Shop LC will add charges for shipping and handling and also sales tax (where required by law) to all orders. Please note, for international orders, customs, duties, and fees may be due upon delivery of your order, and you are responsible for payment of any such amounts. Shop LC reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Website and the Live TV Network without incurring any obligation to you.
h. Opinions, Including Estimated Retail Values. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, estimates (including estimated retail values and start prices as referred to on the Site, the Apps, broadcasts, communications or otherwise), advice, services, merchandise and other information provided through the Site, Apps, Broadcasts, communications or otherwise.
The Estimated Retail Value (ERV) represents our opinion regarding an Approximate price at which a comparable product of like grade or quality would be offered by another national retailer who was selling the product at full (not discounted) value. Our opinion is based on our experience regarding a customary product markup that might be Applied by another national retailer to a comparable product. Although the ERV does not necessarily represent an actual price for a comparable product offered by a different retailer, in many instances we have located a price for a comparable product offered for sale by a national retailer. We do not check all national retailers, and we exclude certain national retailers from our comparison process for any of various reasons. In cases where we have not located a comparable product sold by a different retailer, we rely on our industry experience, or if available, an appraisal from an independent, third party. In determining whether a product is comparable, in the case of jewelry and related items, we attempt to locate products having gems or metals of the same or similar quality and weight, using the description of the items as provided by the other national retailer. We do not independently verify the quality or other characteristics of the other retailer’s item. We make adjustments for weight or other differences as we deem appropriate, for purposes of determining comparability. OUR OPINION IS NOT A GUARANTEE OR REPRESENTATION, AND WE DISCLAIM AND DO NOT WARRANT THAT THE ERV IS ACCURATE, OR THAT ANOTHER NATIONAL RETAILER IS OFFERING OR HAS OFFERED THE PRODUCT AT OR NEAR THE ERV, OR HAS MADE SUBSTANTIAL SALES OF PRODUCTS AT OR NEAR THE PRICE OF THE ERV, OR THAT THE QUALITY OF AN OFFERING BY ANOTHER RETAILER IS THE SAME OR SUBSTANTIALLY THE SAME AS OUR PRODUCT, OR THAT THE ERV IS A GENERALLY PREVAILING PRICE. The Estimated Retail Value does not necessarily represent the actual retail price in your state or city, whether from a local retailer, a national or regional retailer, or an online retailer. It also is not based on a survey of prices, and is not intended to and may not represent a “generally prevailing” price, assuming there is such a price. If we locate a comparable product offered by one national retailer, we do not generally check other retailers to see if they are offering similar products. In addition, once the ERV is determined, we do not generally re-check the ERV even if our product continues to be sold for some time. An ERV is an indication of the price you might pay to purchase the item elsewhere as of the date the ERV is determined, generally within 90 days prior to the date an item is first offered for sale by us by any means, whether on our live broadcast or website or through our downloadable App. An ERV does not represent a former price at which the item was sold by LC and may not represent a former or current price of another retailer. An ERV does not represent the price for which you could sell the item.
Once an ERV has been determined, any discounts shown on our website for individual items are determined by reference to the ERV unless otherwise stated. A discount shown on our website is not an indication of a price reduction from a former price at which the item was or may have been sold by LC, unless otherwise stated.
If you have a question about how the ERV has been determined for a specific item you are interested in, please contact our customer service department via email at Customerservice@shoplc.com or by phone at 1-877-899-0078 for more information. You are also encouraged to perform your own online searches or otherwise check the pricing of other companies’ products to make your own determination of an estimated retail value. If you are not satisfied with our method of determining ERVs, or if you believe our ERV is incorrect, we advise you in making your purchase decision not to rely upon our ERV. If you purchase a product and are not satisfied with the product for any reason, including the ERV, you may return it within 30 days under our return policy, which allows an item to be returned for any reason within 30 days, subject to any conditions or restrictions set forth in the Sale Terms and Conditions.
We do not generally use the term Estimated Retail Value on our live television broadcasts, though on occasion we do so. In those cases where the term Estimated Retail Value is used on our live broadcasts, it is determined in the same matter as described above.
The Start Price for auctions on our live television broadcasts is also set in the same manner as the ERV, though we generally do not call it an “Estimated Retail Value” or state that it represents a price at which we would expect another national retailer to offer a comparable product. Customers may bid for the item being sold at the Start Price, or may bid at lower prices when and if the price is dropped over time, as it typically is. Any discounts shown on our live television broadcasts are from the Start Price unless otherwise stated.
3. Limitation Of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SHOP LC BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE APP, OUR LIVE BROADCASTS, ANY COMMUNICATIONS, OR ANY CONTENT THEREOF, EVEN IF SHOP LC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATION DOES NOT APPLY TO THE EXTENT THAT APPLICABLE LAW PROVIDES OTHERWISE. IN NO EVENT SHALL SHOP LC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY T
O YOU. IF THE LAW IN SUCH STATES IS DEEMED TO APPLY, SHOP LC'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Shop LC shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
4. Indemnification
You agree to indemnify and hold harmless Shop LC, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Site, Apps and live broadcasts from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
5. Termination
If you breach any of the Terms and Conditions, your right to use the Site and Apps will terminate automatically, and Shop LC may terminate any account you have with Shop LC.
You understand and agree that Shop LC may, in its sole discretion and at any time, terminate its business relationship with you, your password, your account, or your use of the Site or Apps, and discard and remove any content posted or submitted by you to any forum, for any reason. Shop LC may also, in its sole discretion and at any time, discontinue any forum or limit or restrict any users access thereto, for any reason. You understand and agree that Shop LC may take any one or more of these actions without prior notice to you. Should Shop LC take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your account information and submitted content. You understand and agree that Shop LC shall not have any liability to you or any other person or business entity for any termination of your access to the Site or Apps, any forum and/or the removal of information concerning your account.
Upon termination of your account or your business relationship with Shop LC, among other things you will no longer be authorized to access or use the Web Site or the Apps, or to order products from Shop LC. Nevertheless, these Terms and Conditions, including but not limited to the disclaimer of warranties, limitation of liability, and dispute resolution provisions of this Agreement, shall continue to apply except that you will no longer be able to view and download material displayed on the Site or Apps as provided in Section 9.
6. ARBITRATION, OTHER LEGAL PROCEEDINGS, AND JURY AND CLASS ACTION WAIVER
a. ARBITRATION NOTICE: EXCEPT FOR SMALL CLAIMS COURT CASES TO THE EXTENT EXPRESSLY SET FORTH IN THIS SECTION 6, YOU AND SHOP LC AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND SHOP LC (INCLUDING ANY DISPUTES WITH OFFICERS, DIRECTORS OR EMPLOYEES OF SHOP LC IN THEIR CAPACITY AS SUCH) WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. ARBITRATION IS A PROCEEDING TO RESOLVE A DISPUTE THAT IS CONDUCTED BY A PRIVATELY APPOINTED PERSON RATHER THAN BY A COURT. IT IS USUALLY LESS EXPENSIVE AND INVOLVES LESS DISCOVERY AND BURDEN THAN A COURT PROCEEDING. ARBITRATION ALLOWS ONLY LIMITED APPELLATE REVIEW. YOU AND SHOP LC EACH UNDERSTAND AND AGREE THAT AN ARBITRATOR, NOT A COURT, WILL DECIDE ANY DISPUTE, AND THAT YOU HEREBY WAIVE ANY RIGHT TO BRING AN ACTION IN COURT, EXCEPT FOR SMALL CLAIMS COURT CASES TO THE EXTENT EXPRESSLY SET FORTH IN THIS SECTION 6. You agree that the Federal Arbitration Act and federal law regarding arbitration apply to the arbitration provisions of these Terms and Conditions.
b. CLASS ACTION WAIVER: YOU ALSO WAIVE ANY RIGHT TO FILE OR SEEK A CLASS ACTION, OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CONSOLIDATED, OR REPRESENTATIVE, ACTION, EITHER IN COURT OR IN ARBITRATION. YOU AND SHOP LC EACH AGREE THAT ANY PROCEEDINGS, WHETHER AN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS OR REPRESENTATIVE ACTION. YOU AND SHOP LC EACH MAY SEEK RELIEF ONLY ON BEHALF OF YOURSELF OR OURSELF AND ONLY TO THE EXTENT NECESSARY TO REMEDY OUR RESPECTIVE INDIVIDUAL CLAIMS. THIS CLASS ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION PROVISION.
c. JURY WAIVER: YOU ALSO HEREBY WAIVE ANY RIGHT TO A JURY TRIAL, FOR ANY AND ALL PROCEEDINGS, WHETHER IN ARBITRATION OR COURT. IF FOR ANY REASON A DISPUTE BETWEEN YOU AND SHOP LC PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU HAVE WAIVED ANY RIGHT TO A JURY TRIAL.
d. Disputes Covered: For purposes of the Terms and Conditions, including this Section 6, the term "Dispute" shall be interpreted broadly and shall include without limitation, and by way of example only, any claim or controversy arising from or relating to (1) these Terms and Conditions, (2) your purchase or use of any products or services, (3) your communications from or to Shop LC, (4) your use of the Site or Apps, (5) any content of or information displayed on or through the Site or Apps, including any statements or displays concerning products we sell (6) any content in our broadcasts, and (7) any defect in or injury caused by our products, our communications or any of the above. The term Dispute further includes, for example, any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise; (2) claims that arose before this agreement; and (3) claims that arise after the termination of our business relationship or cancellation or expiration of this agreement. "Dispute" also includes any issues relating to the existence, scope, or validity of this arbitration provision.
e. Exception for Small Claims Court Proceedings; Time Limit for Filing Proceedings. Notwithstanding anything in this Section 6 to the contrary, and subject to the provisions of these Terms and Conditions concerning governing law and venue, either You or Shop LC may bring an individual action in small claims court in the following types of cases: (1) cases in which the sole claim made by you is for a refund based on your purchase of a defective product that is outside of our Return Policy (as described below in the Sale Terms and Conditions), which case must be filed within 6 months after your purchase of the product, or else the claim is waived; and (2) cases in which we seek recovery for your failure to make payment for an item you purchased. In all cases filed in small claims court, monetary recovery must be the sole type of relief sought, and the amount at issue must be within the jurisdictional limit of the court. Even if a case may be filed in small claims court pursuant to this paragraph, You or Shop LC may choose instead to file an arbitration proceeding in lieu of a small claims court case. f. Additional Exception. As a further exception to the arbitration requirement, we each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue through any lawful means, including in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law.
g. Notice of Claim and Initial Attempt to Resolve. For all claims you may have, prior to filing any arbitration or small claims court proceeding, you must first give us an opportunity to resolve your claim by sending a written description of your claim to Shop LC at 100 Michael Angelo Way, Suite 300D, Austin 78728. You agree to the immediate dismissal without prejudice of your claim if filed either in arbitration or small claims court without first having given us an opportunity to resolve your claim as set forth above. You and Shop LC each agree to negotiate your claim in good faith. If you and Shop LC are unable to resolve the claim within 60 days after we receive your written description, you may pursue your claim in arbitration (or in small claims court, if applicable).
h. Conduct of Arbitration Proceedings. For Disputes that are subject to arbitration, either you or we may initiate the arbitration proceeding. All Disputes must be brought within six months after they arose, and not later than six months after the purchase of a product from us if the Dispute relates to that product. All arbitrations will be conducted under the auspices of the American Arbitration Association, using its Commercial Rules, available at https://www.adr.org/sites/default/files/Commercial%20Rules.pdf, in Austin, Texas. The Dispute will be arbitrated by a single, neutral arbitrator mutually agreeable to both of us. If we cannot agree on the selection of an arbitrator within 30 days, the American Arbitration Association will be authorized to select the arbitrator. Discovery, if permitted by the arbitrator at all, shall be limited to 5 narrowly-tailored document requests approved by the arbitrator.
The arbitrator may award relief only on an individual basis, which relief may include injunctive relief (on an individual basis), declaratory relief and (if provided for by agreement or applicable law) attorneys' fees. In addition, for claims under $75,000 as to which you have provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of your reasonable travel costs, if any, in connection with the arbitration, regardless of whether they would have been available in a court. Otherwise, each party will bear its own costs and fees, including any attorney’s fees, in connection with the arbitration.
You and we agree that the arbitration will be confidential, and not disclosed publicly, except solely to the extent necessary to compel arbitration or to enforce an arbitration award.
i. Ancillary Proceedings: Solely to the extent necessary, either party may file a case in Court solely to compel arbitration or to enforce an arbitration award. In the case of enforcement of an arbitration award, the parties shall first have attempted to reach an agreement on satisfaction of the arbitration award. If such attempts do not succeed, then 60 days after the award is entered, a party seek to enforce the award through Court proceedings or procedures. Such case shall be filed in Austin, Texas in the case of an award against Shop LC, and either in Austin, Texas or any other court having jurisdiction, in Shop LC’s sole discretion, in the case of an award against You.
7. Governing Law
The law governing all Disputes as set forth in Section 6, including without limitation all claims arising from or related to these Terms and Conditions, and all tort claims or statutory claims, shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law or the United Nations Convention on Contracts for the International Sale of Goods.
8. Venue/Jurisdiction
You and Shop LC agree that any arbitration or small claims court case that is filed concerning a Dispute shall be filed and heard only in Austin, Texas. Any other actions filed in Court shall be filed only in state or federal court in Austin, Texas, unless expressly authorized by this Agreement to be filed in a different court. You hereby consent and submit to the personal jurisdiction of the arbitration agency and the above courts for the purposes of any proceedings involving Disputes. In no event shall you be entitled to injunctive or other equitable relief, except to the extent the law does not allow such prohibition, and in that case any injunctive or other equitable relief sought shall be sought only through an arbitration proceeding and in the manner authorized in this Agreement.
9. Copyright And Trademark Information
The Web Site, Apps and live broadcasts are the exclusive property of Shop LC Global, Inc (d/b/a Shop LC). All rights reserved. Registered, unregistered, and/or pending trademarks of Shop LC in the United States and foreign countries are used throughout the Site, Apps and live broadcasts. All third-party trademarks are the property of their respective owners. Any questions concerning Shop LC’s Trademarks should be referred to Shop LC, c/o President, at 100 Michael Angelo Way, Suite 300D, Austin 78728.
The entire contents of Shop LC’s Site, Apps and live broadcasts are copyrighted by Shop LC under common law and international copyright laws.
Shop LC maintains the Site, the Apps, and their contents (including without limitation images, graphics, code, text, software and other content), and makes its live broadcasts and their contents (including without limitation images, graphics, code, text, software and other content) for your personal information, entertainment, education, and sales of Shop LC products and services. You may view and download material displayed on the Site or Apps, and may view but not download live broadcasts over cable or other communications carriers, solely for your personal, non-commercial use , provided that you retain all copyright, trademark and other proprietary notices contained within the materials. You may not distribute, retransmit, republish, reuse, repost, or use the contents of the Site, Apps or broadcasts, or use our trademarks, for public or commercial purposes, without Shop LC's prior written permission. You may not alter or interfere with the content or functioning of the Site, App or broadcasts, or "mirror" or “frame” any content contained on the Site, Apps or broadcasts on any other server. You may not use the Site, Apps or broadcasts to make any collection or other gathering of product listings, descriptions, images or videos. You may not use any logo or other proprietary information (including images, text, page layout, or form) on the Site, Apps or broadcasts without first obtaining Shop LC’s express prior written consent. You may not use any data mining, robots or similar data gathering and extraction tools or techniques in connection with our Site, Apps or broadcasts. You may not reverse engineer our Apps. Any unauthorized use of our Site, Apps or broadcasts, or unauthorized use of our trademarks, may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes, and other rules, law or statutes, and may subject you to legal claims, including criminal prosecution.
10. Compliance with Laws; Limitations on Use By Minors
You agree to comply with all applicable laws in your use of the Website or Apps, and in your purchase and use of products sold by Shop LC. You agree not to use products sold by Shop LC for anything other than their normal, intended purpose. By opening an account with us or ordering product from Shop LC, you represent that you are at least 18 years old. Persons under the age of 18 are not allowed to open accounts with us or to order products under any circumstances.
11. Unsolicited Suggestions/Feedback And Product Ideas
All unsolicited suggestions, feedback, and product ideas are submitted to Shop LC on a non-confidential basis, and become the property of Shop LC upon submission, unless otherwise expressly agreed.
12. Eligibility
In order to be eligible to use our Site or Apps, or to purchase products from Shop LC, you must be 18 years of age or older and a legal resident of United States of America or Canada. The Site is not intended for use by those outside those two countries.
13. Interpretation
Headings in these Terms and Conditions are for convenience only, and are not to be used in determining the meaning or construction of any of the terms.
14. Severance
If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. For any such provision, the provision shall be reformed to represent, to the extent possible under applicable law, the intent of the parties.
15. Non-Waiver of Breach
No waiver by Shop LC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
16. Entire Agreement
These Terms and Conditions (and the links contained herein, including the Privacy Policy) state the entire agreement between the parties relating to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter except that the Sale Terms and Conditions and/or Additional Terms and Conditions also apply to any matters covered therein. These Terms and Conditions, as well as the Sale Terms and Conditions and Additional Terms and Conditions may not be amended except by us as provided above.
17. SPECIAL TERMS AND CONDITIONS FOR CONTESTS, SWEEPSTAKES AND OTHER INTERACTIVE TRANSACTIONS
Shop LC may offer, from time to time, opportunities to vote on certain matters and also to enter contests and sweepstakes through its Site or Apps. By casting a vote or entering contests or sweepstakes, you signify your agreement to all of the terms set forth on the Site or Apps applicable to the balloting, contest or sweepstakes, as well as to the terms set forth in the Terms and Conditions and our Shop LC Privacy Policy.
18. SALE TERMS AND CONDITIONS
a. Applicability. These "Sale Terms and Conditions" set forth additional terms and conditions that apply to the sale of jewelry and other products ("Products") sold to you by Shop LC. These Sale Terms and Conditions are in addition to our Terms and Conditions set forth above or on our Website (at www.shoplc.com) and any other applicable terms and conditions for special programs or otherwise.
b. Prices - Broadcast. For Products purchased via the Shop LC live broadcast, the final Price is set for each Product at the conclusion of the broadcast for that item, and each person who has entered a Successful Bid purchases the Product at that price. The Price for the applicable Product is only effective for customers who have Successful Bids. A "Successful Bid" requires a confirmation by us of a sale to you of a specific item at a specific price and for a specific quantity, and accepted by you. Each sale process for an item being sold may be referred to as an Auction, and the hosts and Shop LC staff supporting the broadcasts who state or set the prices for our products may be referred to as Auctioneers. There is no guarantee that you will have a Successful Bid.
c. Prices – Web Site. For Products purchased directly through the Shop LC Web Site, the amount advertised is the Price for such Products, except that for Products sold under our Online Auctions program, the final price is set based upon the highest bid submitted by actual or potential customers within the time frame the auction is conducted.
d. Price Guarantee. If you purchase a product from Shop LC, and find the same product advertised as new for direct sale to consumers online by a U.S.-based online national retailer on its website for a lower price within 30 calendar days from the date you place the order, we will pay you the difference plus an additional 20% of the difference. This price guarantee excludes sales made through online marketplaces offering products from multiple sellers. This offer shall expire upon the 31st calendar day after the order date (that is, the date you place your order with Shop LC) and is limited to one product per person or entity. To take advantage of this offer, during the thirty calendar day period after your order date you must provide Shop LC (at the email listed below) with a copy of the online advertisement, including the url, for the product at a lower price valid within 30 calendar days of your order date. Our price guarantee excludes products sold by Shop LC, shoplc.com, any affiliated companies, including, but not limited to, any company affiliated with our parent company, VGL. Please send the information by email (customerservice@shoplc.com), or contact us at (877) 899-0078 for other instructions on other ways to submit your information. The guarantee is not valid on misprints, and does not include shipping or handling.
e. Payment. Payment is required prior to shipment. Shop LC only accepts major credit and debit cards. Customers will have their applicable credit or debit card charged for payment (i) in the amount of the final price for a product purchased through a Successful Bid (if purchasing via the Shop LC live broadcast) or (ii) in the amount advertised on the Web Site (for those Customers purchasing fixed priced items via the Shop LC Web Site) or in the amount of your successful bid (if purchasing through the Online Auction). Any applicable taxes and shipping and handling fees will also be charged. Shop LC, at its sole option, may accept other methods of payment from time to time.
f. Limited Warranty, Disclaimer, and Limitation of Liability. SHOP LC WARRANTS THAT THE PRODUCT SOLD TO YOU, AT THE TIME OF DELIVERY AND FOR 30 DAYS THEREAFTER, IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USE WITHIN THIS LIMITED WARRANTY PERIOD. OTHER THAN THE LIMITED WARRANTY STATED ABOVE, SHOP LC DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ANY AGREEMENTS, REPRESENTATIONS, AFFIRMATIONS OR WARRANTIES, WHETHER ORAL OR WRITTEN, MADE BY ANY AGENT, EMPLOYEE, REPRESENTATIVE, OR AFFILIATE OF SHOP LC OR AS SET FORTH IN ANY PURCHASE ORDER OF CUSTOMER. THE TOTAL LIABILITY OF SHOP LC ON ANY CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THE MANUFACTURE, ASSEMBLY, DELIVERY, SALE, USE, REPAIR, MAINTENANCE, REPLACEMENT OR OPERATION OF ANY PRODUCT SOLD HEREUNDER WILL NOT EXCEED THE PRICE ALLOCABLE TO THE PRODUCT WHICH GIVES RISE TO THE CLAIM. EVERY CAUSE OF ACTION BASED ON THE PRODUCTS SOLD HEREUNDER SHALL BE BROUGHT, PURSUANT TO THE ARBITRATION PROVISIONS OF THE TERMS AND CONDITIONS, NOT LATER SIX MONTHS AFTER THE SALE OF THE PRODUCT. IF THE CUSTOMER HAS ASSETS OF AT LEAST $5 MILLION, THE CUSTOMER WAIVES ALL PROVISIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES CONSUMER PROTECTION ACT TO THE EXTENT WHICH SUCH WAIVER IS EFFECTIVE PURSUANT TO SECTION 17.42 OF THE TEXAS BUSINESS AND COMMERCE CODE. UNDER NO CIRCUMSTANCES WILL SHOP LC, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. SHOP LC SHALL NOT BE RESPONSIBLE FOR DAMAGES CAUSED BY NORMAL WEAR AND TEAR OF THE PRODUCT DURING THE LIMITED WARRANTY PERIOD, DAMAGE DUE TO MISUSE, ABUSE, NEGLECT, AND EXPOSURE TO DETERGENTS OR BLEACHES, CHEMICALS. FOR DETAILED TERMS AND CONDITIONS.
g. Restocking Fee. PACKAGES THAT ARE REFUSED BY THE CUSTOMER OR UNDELIVERABLE (OTHER THAN THOSE RESULTING FROM SHOP LC ERROR) AND RETURNED TO US WILL BE ASSESSED A 25% RESTOCKING FEE ONCE THE PACKAGE IS RECEIVED. IF THE ITEM WAS UNDELIVERABLE AND THE ADDRESS ON THE LABEL IS CORRECT YOU MUST PAY A SHIPPING FEE IN THE AMOUNT OF $15.00 TO HAVE THE ITEM RE-SHIPPED BACK TO YOU.
h. Return Policy. Shop LC offers a 30-day easy money back guarantee (minus shipping and handling) from the date you received the item. All Sales Are Final on items purchased on the Online Auction or Clearance sections of the WebSite and during any Clearance Event, except that defective items or items damaged prior to or during delivery may be returned for a full refund, save for shipping costs. You may elect to receive the refund back to the original card used for the purchase, or you may elect to receive credit that can be used for future purchases. Canadian customers will be responsible for any fees or duties imposed by Canada Post or Government Agencies related to original shipment and Shop LC will not be able to refund such charges on return of products. This Return Policy applies only to those products that have not been subjected to undue stress, neglect, misuse, abuse, altered or resized, in any way. Upon receipt Shop LC will inspect each return and Shop LC reserves the right to reject items that have been subject to any of the above circumstances. Returned Items must be complete, including all items Shop LC sent with the order, including the jewelry box, tag, and any and all certification(s) if applicable. A returned item must be packaged for shipment to arrive in the same condition as it was received. We strongly recommend that you use Shop LC supplied return label to return the product. A Return Label Fee of $6.49 (up to 5.0lbs), $8.49 (5.01lbs- 10lbs) or $10.49 (10lb+) will be deducted from your refund credit amount. Otherwise, we recommend that you insure your package and ship it via carrier with a tracking method. Shop LC will not be able to issue a refund for items that are damaged or lost in the return shipping process.
i. Title/Risk of Loss. Title and risk of loss for all Products purchased by you from us passes to you upon our delivery to a carrier of the item purchased by you.
j. Force Majeure. Shop LC shall not be liable nor have breached any obligation to you if following acceptance of your order, it is unable to ship Products to you or to do so without significant delay, to the extent such inability is caused by acts or circumstances beyond its reasonable control, including acts of God, flood, fire, earthquake, war, hostilities, civil unrest, epidemic or labor disputes. Your sole remedy in such case shall be the refund of amounts paid.
19. BUDGETPAY TERMS & CONDITIONS
a. Applicability. BudgetPay is an installment payment program offered by Shop LC. By making a BudgetPay purchase, you agree to be bound by these BudgetPay Terms and Conditions as well as the general Terms and Conditions and Sale Terms and Conditions set forth above. By purchasing an item through BudgetPay, you agree to the then-current BudgetPay Terms and Conditions. By making a BudgetPay purchase, you agree to be contacted by Shop LC by email and phone.
b. What is BudgetPay? BudgetPay provides you the ability to purchase items through an installment plan of multiple payments. The exact number of payments (2 to 5) will be communicated to you at the time of purchase. The item price will be evenly divided among the number of installments (final installment may be a few cents less due to rounding). First installment would include Shipping and Handling. Your product will be shipped when the order is placed.
i.BudgetPay must be selected at the time of placing the order.
ii.We cannot apply BudgetPay to an order after it has been placed.
c. Eligibility for BudgetPay? In order to be eligible to use BudgetPay, you must be 18 years of age or older and a legal resident of United States of America or Canada. Shop LC reserves the right, in its sole discretion, to deny eligibility to any customer, with or without cause.
When you’re shopping from live TV auctions, the presenters will indicate which items are eligible for BudgetPay.
When shopping online, the BudgetPay logo will be shown next to the image or price of the eligible items.
When ordering through the automated phone system, you will be given the BudgetPay option on all eligible items.
If you have any past due monthly installments, BudgetPay will not be available as a method of payment; however, you will be able to continue shopping with other methods of payment in full including credit or debit cards.
d. Payments. BudgetPay installments must be paid with a credit or debit card (card must be valid through the final installment). The initial payment will include the first installment, applicable taxes and shipping charges. The remaining payments will be charged to the original method of payment at thirty (30) day intervals after purchase. If the credit/debit card used to place order is lost, stolen or cancelled, you must contact Customer Service at 1-877-899-0078 so that we can update your BudgetPay account with the new card information.
i.You may pay the full balance or your BudgetPay orders at any time by contacting Customer Service.
ii.You may request a written record of your orders or payments at any time.
Changing the credit/debit card for BudgetPay installments. If the credit/debit card used to place order is no longer valid, or you simply wish to change the card to be used, you must contact Customer Service at 1-877-899-0078 so that we can update your BudgetPay account with the new card information.
e. Missed Payments. We understand that mistakes sometimes happen. If we attempt to take a payment and your bank declines it, we will re-attempt in a couple of days. If an automatic payment cannot be charged to the recorded credit or debit card provided to Shop LC by the 6th day after payment is due, Shop LC shall have the following rights:
i.to recover installment for that particular month and all subsequent months for which installments are due from an alternative credit/debit card listed or associated with your account.
ii.to refer your account to Shop LC's collection process. If by the 30th day after payment is due, the debt owed to Shop LC for such purchase has not been resolved, Shop LC will refer your account to a 3rd party collection agency. If your account is referred to a 3rd party collection agency, the entire balance (past due amount + future installments) will be immediately due.
f. Limited Liability and Indemnification. Under no circumstances, including, but not limited to, negligence, shall Shop LC be liable for any indirect, special, exemplary, or consequential damages that result from the use of, or the inability to use, BudgetPay even if Shop LC has been advised of the possibility of such damages. In no event shall Shop LC's total liability to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to, negligence, or otherwise) exceed the amount paid by you. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If the law in such states is deemed to apply for any reason, Shop LC's liability is limited to the greatest extent permitted by law.
You agree to indemnify and hold harmless Shop LC, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the BudgetPay Terms and Conditions. The provisions of these BudgetPay Terms and Conditions are for the benefit of Shop LC and its officers, directors, employees, representatives, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
g. Severable Terms. If any provision of these BudgetPay Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. For any such void term, the term shall be reformed to represent, to the extent possible under applicable law, the intent of the parties.
20. ONLINE AUTOPAY TERMS & CONDITIONS
a. Program Rules : Generally Online AutoPay is an expedited payment program offered by Shop LC specifically for Online Auction items accessed through the “Online Auctions” tab on our Web Site. By making an Online AutoPay purchase, you agree to be bound by the Online AutoPay Terms and Conditions, as well as the Sale Terms and Conditions and general Terms and Conditions. Online AutoPay provides you the ability to purchase items through an expedited payment plan for Online Auction items. In order to utilize Online AutoPay you are required to enter your billing and shipping information. You agree that all future Online AutoPay payments will be charged to the default method of payment at Midnight, 5 AM, 10 AM, 1 PM, 3:45 PM, 6 PM, and 9 PM CST. Processing orders throughout the day allows us to get your winnings to you quicker!
When you sign-up for Online AutoPay you must opt-in for this feature to be activated on your account. You may manage your Online AutoPay billing and shipping information, or turn off this feature, at any time by logging into your account. If you turn off the Online AutoPay feature, it will take a few minutes to process. You may also turn this feature back on at any time by logging into your account.
b. Restrictions: Only Online Auction items may be purchased using Online AutoPay. Online Auction AutoPay does not accept PayPal or store credit as a payment method. The only valid payment forms for Online AutoPay are credit or debit cards. Auto Pay will work for US shipping address only. If any customer makes manual checkout before auto pay time, customer will miss auto pay benefits/Promotions. For more information, please contact our Customer Service Department via email at Customerservice@shoplc.com or by phone at 1-877-899-0078.
c. Limited Liability Under no circumstances, including, but not limited to, negligence, shall Shop LC be liable for any indirect, special, exemplary, or consequential damages that result from the use of, or the inability to use, Online Auto-Pay even if Shop LC has been advised of the possibility of such damages. In no event shall Shop LC's total liability to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to, negligence, or otherwise) exceed the amount paid by you. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Shop LC's liability is limited to the greatest extent permitted by law.
d. Eligibility Shop LC reserves the right, in its sole discretion, to deny eligibility to any customer, with or without cause.
21. FASTBUY TERMS & CONDITIONS
a. Applicability. FastBuy is an expedited purchase program offered by Shop LC. By making a FastBuy purchase, you agree to be bound by these FastBuy Terms and Conditions. By purchasing an item with FastBuy, you agree to the FastBuy Terms and Conditions, in addition to the Sale Terms and Conditions.
b. Program Description. FastBuy provides you the ability to purchase items through an expedited billing and shipping program. In order to utilize the FastBuy purchase program you must enter your billing and shipping information. Future purchases will automatically be charged to the default billing information and shipped to the default shipping address. You may manage your FastBuy billing and shipping information at any time by logging into your account. c. Restrictions. Online Auction items may not be purchased using FastBuy. The FastBuy purchase program does not accept PayPal or store credit as payment methods. The only payment methods that can be used with FastBuy are credit or debit cards. For more information, please contact our Customer Service Department via email at Customerservice@shoplc.com or by phone at 1-877-899-0078.
d. Limited Liability. Under no circumstances, including, but not limited to, negligence, shall Shop LC be liable for any indirect, special, exemplary, or consequential damages that result from the use of, or the inability to use, FastBuy even if Shop LC has been advised of the possibility of such damages. In no event shall Shop LC's total liability to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to, negligence, or otherwise) exceed the amount paid by you. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If the law in such states is deemed to apply for any reason,, Shop LC's liability is limited to the greatest extent permitted by law.
e. Eligibility. In order to be eligible to use FastBuy and purchase products from Shop LC, you must be 18 years of age or older and a legal resident of United States of America or Canada. Shop LC reserves the right, in its sole discretion, to deny eligibility to any customer, with or without cause.
22. Mobile Terms and Conditions
Effective Date: 2/2/2023
Shop LC AlertsReceive promotional and personalized marketing text messages (ex. cart reminders) from Shop LC through your mobile device Opt-in by Web https://www.shoplc.com/ to 32649. Message frequency Varies.
Message and data rates may apply.By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.By signing up, you are confirming you are over the age of 13.
STOP InformationText STOP to 32649 to stop receiving Shop LC Alerts messages from Shop LC (you will receive a confirmation text)
HELP InformationFor additional information, text HELP to 32649 or contact 1-877-899-0078
Supported carriers are:AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.
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