TERMS OF USE AND CONDITIONS OF SALE

LOEFFLER RANDALL, INC.

Thank you for visiting our website, loefflerrandall.com (“Website”). Loeffler Randall, Inc. (“LR”) provides content, services, and products on our Website subject to the following conditions.

Your Acceptance of These Terms. By creating an account, placing an order, or otherwise indicating your acceptance (for example, by clicking “I agree” or checking a box at account registration or checkout), you agree to these Terms of Use and Conditions of Sale. Where such an affirmative acceptance mechanism is presented to you, your acceptance is confirmed at that point. Your continued use of the Website also constitutes acceptance of these Terms. Please read them carefully. If you do not agree with our Terms of Use and Conditions of Sale, please do not use our Website.

I. GENERAL

This Website is owned and operated by Loeffler Randall, Inc., a New York company with an address at 588 Broadway, 12th Floor, New York, NY 10012.

II. OTHER SITE POLICIES REGARDING YOUR PRIVACY AND TERMS OF SALE

Please review our Privacy Policy and Customer Service Policies which are incorporated by reference into these Terms of Use and Conditions of Sale (together “Website Policies”). All of our Website Policies apply to your visits to our Website, as well as all purchases from our Website. If there is a conflict between these Terms and our Privacy Policy with respect to the collection, processing, or disclosure of your personal information, the Privacy Policy controls.

This Website is hosted on the Shopify platform. When you use this Website, Shopify processes and stores certain personal information in accordance with its own terms. For details on how we and Shopify handle your data, please see our Privacy Policy.

III. LICENSE AND SITE ACCESS

loefflerrandall.com grants visitors to our Website a limited, non-exclusive, and non-transferable license to access, visit, and make personal use of the contents of our Website, but not to download any portion of the Website. The limited license does not permit your resale or commercial use of our Website, nor does it permit you to collect or use our product listings, descriptions, or prices included therein, nor does it permit any derivative use of our Website. You may not use framing techniques, meta tags, or similar technologies with respect to the Website, our trademarks, or other proprietary information.

This limited license is terminated upon any unauthorized use of our Website. You are responsible for any damages or other harm arising out of your unauthorized use of our Website and its content. Loeffler Randall, Inc. will not be liable for any use of the Website and its content made by you which violates applicable laws and regulations, and our Website Policies.

IV. ESTABLISHING AN ACCOUNT

We do not sell products or services for purchase by children. If you are under 18, or under the age of majority in your state, you may only purchase products or services from our Website with the consent of a parent or guardian. You must establish an account with us in order to purchase products or services from our Website. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information. You agree to update your information when necessary to keep your account information current and accurate. You are responsible for strictly maintaining the confidentiality of your account information and password, and for restricting access to such information and to your computer. You agree to be responsible for all activities that occur under your account or password.

For information about how we collect, use, and disclose the personal information associated with your account, please review our Privacy Policy.

V. ACCEPTANCE OF YOUR ORDER

Upon your placement of an order through our Website, we will send you an email providing details of your purchase. Acceptance of an order is not complete until the order has been packed for shipment. A transaction contract is completed upon our dispatch of an order for shipment, at which time we will send you an email confirming shipment and provide tracking information. This transaction contract is completed in the State of New York.

VI. PAYMENT

loefflerrandall.com accepts payment made by Visa, MasterCard, American Express, and any other methods advertised on our Website. Payment will be charged at the time an order is placed. If an item is out of stock and is not expected to become available, customers will be notified by email and will not be charged. All payment transactions on this website are processed by a secure online payment agent that encrypts your credit card details in a secure hosted environment.

VII. ORDER TRACKING

Login to your account and view “Order History” to track the status of your order and shipping details.

VIII. RETURNS, EXCHANGES, GIFT RETURNS, REFUNDS, AND LATE RETURNS

Login to your account and view “Order History” to track the status of your order and shipping details. For detailed information about our return policies, please contact Customer Service at service@loefflerrandall.com.

IX. PERSONAL USE

Products offered for sale through our Website are only for personal use, and not for resale. By placing an order through our Website, you certify that you are purchasing our products for your personal use only and not for resale. We reserve the right to refuse orders which we reasonably believe are intended for resale.

X. PRICING

Prices listed on our Website do not include sales tax. We are required by law to charge sales tax in applicable jurisdictions. Any sales tax charged will be calculated and displayed for your approval prior to final confirmation of your order.

XI. FINAL SALE

All items marked final sale on our website are considered non-returnable under any circumstances and not eligible for refund, exchange, or store credit regardless of size. These items cannot be authorized for return under any circumstances. In the event that we receive a return marked “Final Sale,” the item will be returned to sender without refund. Gift Card purchases are also final sale and cannot be returned for a refund. Gift Cards are valid for 12 months from the date of issue.

XII. COPYRIGHT

All content on our Website, including but not limited to images, product descriptions, drawings, figures, logos, menus, webpages, graphics, colors, fonts, schemes, layouts, processes, functions, and software (collectively “Content”) is the property of Loeffler Randall and is protected by domestic and international copyright and other intellectual property laws. Publication, reproduction, distribution, or modification of our Content, in whole or in part, is forbidden without the express written consent of Loeffler Randall.

If you believe that your work has been infringed by use or depiction on our Website, please contact our copyright agent by email at info@loefflerrandall.com. So that we can properly evaluate your claim, please include the following:

(i)        A description of the work that you claim has been infringed;

(ii)      A description of the allegedly infringing material on our Website;

(iii)   A statement that you are either the copyright owner or authorized to act on behalf of the copyright owner; and

(iv)    Your name, address, telephone number, and email address.

XIII. TRADEMARK

Loeffler Randall and loefflerrandall.com (collectively “Marks”) are registered trademarks, trademarks, or trade dress of Loeffler Randall in the United States and/or other countries. Except with prior written approval, Loeffler Randall does not give permission to use the Marks in connection with any product or service. The Marks may not be copied, imitated, or used, in whole or in part, without Loeffler Randall, Inc.’s prior written consent. All other trademarks not owned by Loeffler Randall, Inc. that appear on this site are the property of their respective owners and are used with permission.

XIV. DISCLAIMERS

Loeffler Randall makes no representation or warranty of any kind, including the warranty of merchantability, fitness for a particular purpose, reliability, accuracy, non-infringement and the like, in connection with the use of our Website. The Website is provided by Loeffler Randall on an “As Is” and “As Available” basis. We make no warranty or representation that our Website will be continuous, uninterrupted, timely, secure, or error-free. From time to time, our Website may be unavailable due to maintenance or other reasons. Loeffler Randall makes no representations that our Website or sites that may be linked to it or from it are free from error. You agree that we shall not be responsible for any defect, delay in transmission, deletion, error, or interruption of transactions or communications. You expressly agree that your use of our Website is at your sole risk. Loeffler Randall will not be responsible for any technical malfunctions or other problems with any computer system, servers, or communication provider, software, or failures resulting from technical problems or Internet traffic congestion, including injury or damage to your computer, or other hardware or software related to or resulting from using or visiting our Website. Loeffler Randall cannot guarantee that the use of our Website, our servers, or e-mail sent from our Website will be free of viruses or other harmful components.

XV. LIMITATIONS ON LIABILITY

Loeffler Randall will not be liable for any direct, indirect, consequential, incidental, special, or punitive damages arising out of or relating to: (i) your use of our Website; (ii) your use of any site linked to or from our Website; (iii) information made available to you on or through our Website; (iv) or in connection with the purchase or use of any other products or services. YOU EXPRESSLY AGREE THAT LOEFFLER RANDALL (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOEFFLER RANDALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, INCLUDING WITHOUT LIMITATION, ITS TERMINATION OR SUSPENSION, YOUR ACCOUNT, OR THIS AGREEMENT. IN NO EVENT WILL LOEFFLER RANDALL, INC.’S TOTAL CUMULATIVE DAMAGES EXCEED ONE HUNDRED DOLLARS ($100.00). If any problems arise with our Website or its Content, you agree that your only remedy is to stop using our Website. If you have any problems with products or services purchased through our Website, then you agree that your only remedy is an exchange or refund of your purchase price in accordance with our Return Policy.

XVI. INDEMNIFICATION

By purchasing products or services from our Website, you agree to indemnify and otherwise hold harmless Loeffler Randall, its officers, directors, shareholders, employees and agents from any direct, indirect, incidental, special, consequential or exemplary damages arising out of or relating to your use of our Website, including, but not limited to your breach of our Website Policies.

XVII. LINKING TO THIS SITE

Except with our prior written consent, you may not create or maintain a link from another website to our Website. If we do permit a link, you agree to comply with all applicable laws and regulations. Please contact us at info@loefflerrandall.com if you are interested in linking to our Website.

XVII. GOVERNING LAW; JURISDICTION; STATUTE OF LIMITATIONS

This agreement will be governed by and interpreted in accordance with the laws of the State of New York, without regard to conflict of laws principles. Any legal action arising out of or relating to Website Policies must be commenced within one year from the date the cause of action accrued, and will be subject to the exclusive jurisdiction of the state or federal courts located in New York County, State of New York, and you hereby consent to the personal jurisdiction of these courts.

XIV. SEVERABILITY

If any provision of our Website Policies is found to be unenforceable, all other provisions will remain in full force.

XX. ADA COMPLIANCE

Loeffler Randall is committed to ensuring all individuals with disabilities can access all products and services offered on www.loefflerrandall.com. If you are having trouble accessing www.loefflerrandall.com, please contact Customer Service at service@loefflerrandall.com for assistance with the website. Thank you for your support while we work to become ADA compliant.

XXI. YOUR PRIVACY RIGHTS

For information about your privacy rights, the personal information we collect, how we use it, and your choices regarding that information, please review our Privacy Policy. To exercise your privacy rights, including opting out of the sale or sharing of your personal information, you may use the “Your Privacy Choices” / “Do Not Sell or Share My Personal Information” link in our website footer, or contact us at ecom@loefflerrandall.com.

XXII. CONTACT INFORMATION

We strive to provide an enjoyable shopping experience through our Website. Should you ever have questions about our Website Policies, please send an email to info@loefflerrandall.com. If you need assistance regarding order status, shipping, returns, or refunds, please login to your account and select “Order Status,” which should provide all current information. If you still have questions or concerns, please contact us at service@loefflerrandall.com.