Terms of Service
Last updated on: August 4, 2023
Please read these Terms and Conditions carefully. By accessing, browsing, (the “Site”)”luckypandabrand.com,” you acknowledge what you have read, understood and agree to be bound by the Terms and Conditions. If you do not agree to be bound by the Terms and Conditions, you should discontinue your use or access to this Site.
The Terms shall apply to all Orders to be made by us for the sale and supply of our product” Garlic chili oil”. These Terms and Conditions constitute the entire agreement between Jayahn and you and serve to supersede any or all-preceding and contemporaneous agreements between us. You further acknowledge that, in entering into this Contract, you have not relied on any representation, undertaking or promise given by the us or implied anything said or written between you and us prior to the Terms and Conditions, except as expressly stated in these Terms and Conditions.
ELIGIBILITY
You must be over eighteen (18) years of age. If you are below the stipulated age, you must obtain the consent of your parent or legal guardian to use the Site and agree to the Terms. Use of our site is void where prohibited by the law.
We reserve the right to revoke your ability to access the products and services offered on the Site for any reason at any time, including, but not limited to, as a result of a violation of the Terms.
ACCOUNTS
In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity.
Any access codes and/or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and/or passwords, and will henceforth be solely liable for any use or unauthorised use of the Site with your access codes and/or passwords.
SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only . We have made every effort to display as accurately as possible the colours and images of our products that appear at the brand. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Each pre-order you submit for a product creates an order to purchase that product. Pre-orders are completed when you provide your shipping address to us and payment is approved. Pre-orders are subject to our acceptance and may be rejected for any reason at any time at our discretion. If we reject your offer, we will refund you the amount paid for shipping and product. Pre-order product content, description, and pricing are subject to change at anytime without notice, at the sole discretion of us; the product delivered may differ from the product represented at time of purchase.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SHIPPING AND DELIVERY
We currently offer shipping within California and USA only. Unfortunately, we cannot ship to international locations at this time.
Note that shipping times are estimates and are subject to change based on unforeseen circumstances, including but not limited to, extreme weather conditions, logistical delays, or any events beyond our control. We always strive to keep you informed about any delays and work diligently to minimize them.
Shipping Charges
Shipping charges are calculated based on the total weight of the order, the shipping destination, and the chosen shipping method. The applicable shipping charges will be displayed at the checkout before you complete your purchase.
Order Tracking and Delivery
For your convenience, we provide order tracking information whenever available. Once your order is shipped, you will receive a shipping confirmation email containing the tracking details. You can use this information to track your order's status and estimated delivery date.
The delivery times vary depending on the shipping address. Please note that some remote areas may experience longer delivery times.
In the event that a package is undeliverable due to an incorrect or incomplete shipping address provided by the customer, refusal of the package, or other reasons beyond our control, the package may be returned to us. If this occurs, we will attempt to contact you to verify the shipping details. Additional shipping fees may apply to reship the package.
Order Modifications
Once an order is placed, it is processed promptly to ensure timely delivery. Therefore, we cannot guarantee modifications or changes to orders after they have been placed. If you have any concerns or need assistance with your order, please contact our customer support team as soon as possible at info@luckypandabrand.com
In the rare event that a package is lost or significantly delayed during transit, please contact our customer support team at info@luckypandabrand.com. We will work with the shipping carrier to resolve the issue and ensure you receive your order.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation :
(1) To maintain any comments in confidence;
(2) To pay compensation for any comments;
(3) To respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Jayahn and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (6) to submit false or misleading information; (7) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (8) to collect or track the personal information of others; (9) to spam, phish, pharm, pretext, spider, crawl, or scrape; (10) for any obscene or immoral purpose; or (11) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Lucky panda brand, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
GOVERNING LAW
These Terms and Conditions, including all disputes arising from or relating to the purchase or use of our products, shall be governed by and construed in accordance with the laws of both California and the United States of America. Any legal action or proceeding arising out of or relating to these Terms and Conditions shall be brought exclusively in the federal or state courts located in the province of ________________________ for both California and American customers.
By using our website and purchasing our product ”Garlic chili Oil”, you hereby consent to the exclusive jurisdiction of such courts and waive any objections to the exercise of such jurisdiction.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
CONTACT INFORMATION
Questions or concerns about the Terms and Conditions should be sent to us at info@luckypandabrand.com