TERMS OF USE, SERVICE, AND CONDITIONS OF SALE
Last Modified November 29, 2023
IMPORTANT: YOU ARE RESPONSIBLE FOR READING THESE TERMS OF USE, SERVICE, AND CONDITIONS OF SALE (INCLUDING THE SALES AND REFUND POLICIES BELOW) BEFORE ACCESSING, USING, OR MAKING A PURCHASE OF PRODUCTS FROM LANUA.COM.
A. ACCEPTANCE OF THE TERMS OF SERVICE & ACCESS TO LANUA.COM
lanua.com is a service and subsidiary of La Nua LLC (“La Nua”). Any references throughout these Terms and/or website to “La Nua” “Company” “we” “us” or “our”, are therefore to La Nua LLC.
These terms of use, service, and conditions of sale are entered into by and between You and LA NUA LLC. The following terms and conditions, together with any documents they expressly incorporate by reference, (collectively, these “Terms of Use”), govern your access to and use of lanua.com, including any content, functionality and services and products offered on or through lanua.com (the “Website”), whether as a guest, registered user, or purchaser.
Please read the Terms of Use carefully before you start to use the Website.
BY USING THE WEBSITE, AND/OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE, AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.
If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
This Website is offered and available only to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Your access to this website may be suspended or terminated at any time.
These Terms of Service govern all interaction you have with Company and lanua.com, including any customer account and purchases.
B. CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. YOU ARE EXPECTED TO CHECK THIS PAGE FROM TIME TO TIME SO THAT YOU ARE AWARE OF ANY CHANGES, AS THEY ARE BINDING ON YOU.
C. LANUA.COM COOKIE AND EMAIL POLICY
This policy is part of our Privacy Policy, which is incorporated herein by reference.
We Use Cookies
La Nua uses cookies and other automated means to collect certain information about visits to our website (or “site”).
A cookie is a small file written by a website and stored locally within the web browser or file system on your computer or mobile device. We use them to remember your language and currency settings, and to save your shopping cart items each time you visit lanua.com in order to provide a more enjoyable shopping experience. We collect this information through various means, such as cookies, web beacons, and other similar technologies. When we refer to “cookies”, we mean all of these:
What Cookies Do We Use?
We use the following types of cookies on our site:
Strictly Necessary Cookies – These cookies are essential in order to carry out a transaction or request initiated by you. Examples include remembering information provided by you as you move through the site to and managing your logged-in status during the session. You cannot opt out of these cookies as the website cannot function properly without them.
Functional Cookies – These cookies allow the site to remember choices you have made in order to provide functionality for your benefit. For example, functional cookies allow the site to remember settings specific to you, such as your country selection and persistent logged-in state if selected by you, and other customized features.
Analytic Cookies – These cookies allow us to collect data relating to your use of our site, including the content on which you click while browsing on our sites, in order to measure the effectiveness and consumer interaction with the site and improve our site over time. These cookies may be provided by our third-party analytic tool provider but are only used for purposes related to our site.
Targeting Cookies – These cookies remember information regarding your use of our site and other sites so that we can serve promotional and other targeted information to you on our site.
Re-Targeting Cookies – These cookies remember information regarding your use of our site so that we can serve promotional and other targeted information to you on other sites.
Social Media Cookies – These cookies provide access to social networks and may collect personal information in relation to your use of these networks. We have no control or how the social networks may collect and use your personal information and their use is subject to the social network’s privacy policy,
To learn more about cookies, visit http://www.allaboutcookies.org.
How to Disable or Remove Cookies
Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that if you block the use of cookies by our site, the site may not function correctly and you may not be able to take full advantage of all our site features.
For more information on how to manage cookies on your browser, please access the appropriate link below:
– Internet Explorer
– Firefox
– Chrome
– Safari
1. AGREEMENT TO RECEIVE EMAIL FROM US
By registering for a LA NUA account, you hereby agree to receive e-mail content from LA NUA. Your email will never be shared with a third party and the ability to opt-out/unsubscribe is always available.
These restrictions do not apply to downloadable media or PR materials provided for use in the manner specified.
D. LINKS TO / FROM OTHER WEBSITES
La Nua does not, by providing links to other websites, or by referring to any third-party information, practices or products of other parties, endorse those websites or products.
Any dealings or transactions arising from links found on this website are between you and the operator of the linked website. LA NUA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF ANY DEALINGS OR TRANSACTIONS THAT MAY OCCUR FROM USE OF THIRD PARTY WEBSITES NOT CONTROLLED BY LA NUA.
No linking to this website is permitted without prior written authorization from La Nua.
E. PRODUCTS
The products offered through this website are representative of the LA NUA collection. LA NUA products are protected by trademarks, service marks, patent(s) and/or copyright and other intellectual property protections and laws. La Nua reserves the right to change, add to, or remove products for sale at any time in its sole discretion, and may change any design, color, or aspect of the products at any time, at our sole discretion.
Not all products shown on this website are available through all LA NUA retailers, and La Nua LLC bears no responsibility for how retailers conduct their business in selling LA NUA products.
You may not distribute, resell or stock any LA NUA products, unless specifically authorized under contract by LA NUA to do so.
F. ONLINE CONTRACT INFORMATION
The European Union Directive 2000/31/CE on the subject of electronic commerce states that:
“Placing an order online implies that the client accepts to be engaged in a contract, and that the client unconditionally accepts the prices and descriptions of the items offered for sale, as well as all of the general sales conditions.”
Goods purchased from this website are supplied by La Nua LLC (under the trade name LA NUA), a company registered in the State of California, USA, with with offices at 11668 Tuxford Street, Sun Valley, CA 91352.
Your placing of an order online represents an offer to purchase goods as indicated by you, but is not binding on us until you have been notified by email that an order is accepted. This means that if goods shown on this website are unavailable, incorrectly priced or otherwise incorrectly described, LA NUA shall not be obliged to sell you those goods. A contract shall be deemed entered by both parties when you receive notification that LA NUA has confirmed and accepted your order.
In addition to offering our products for sale via this website, our products are sold through select retailers worldwide. Prices on the website will generally reflect the prices offered through our retailers. However, prices on the website may differ to those of a retailer, due to: (i) special offers on the website or from retailers, (ii) individual retailer price strategies, (iii) currency fluctuation. As such, prices cannot be guaranteed and may be changed at our discretion.
Prices do not include, and LA NUA shall not be responsible for, the cost of freight, insurance, or any required federal, state or local sales or other taxes, duties, export or custom charges, VAT charges, brokerage or other fees.
G. INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
– Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
– You may store files that are automatically cached by your Web browser for display enhancement purposes.
– You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
– If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
– Modify copies of any materials from this site.
– Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
– Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any products or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
1. COPYRIGHT NOTICE
All content on this website, including text, images, graphics, designs, products and source code are copyright © La Nua LLC (LA NUA). All rights reserved.
2. TRADEMARKS
The Company name, the La Nua logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
H. LIMITATION OF LIABILITY ON PRODUCTS SOLD
No claim by the buyer/owner of any kind, including claims for indemnification, shall be greater in amount than the purchase price of the Products in respect to which damages are claimed. IN NO EVENT SHALL COMPANY BE LIABLE TO BUYER/OWNER IN TORT, CONTRACT OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, STATUTORY, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, LOSS OF REVENUES, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN, IN CONNECTION WITH, ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS SOLD HEREUNDER, OR FOR ANY LIABILITY OF BUYER TO ANY THIRD PARTY WITH RESPECT THERETO.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify LA NUA, its affiliates, directors, employees and shareholders from any and all claims, damages, losses and expenses that may arise from your use of the information or products on this website and/or the website itself unless otherwise prohibited by law.
Contact Information: Any question concerning this Limited Product Warranty should be addressed to La Nua LLC at info@lanua.com.
I. DISCLAIMER OF WARRANTIES AS TO WEBSITE
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND SERVICES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
1. Limitation on Liability as to Website
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify LA NUA, its affiliates, directors, employees and shareholders from any and all claims, damages, losses and expenses that may arise from your use of the information or products on this website and / or the website itself unless otherwise prohibited by law.
J. GOVERNING LAW AND JURISDICTION
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). You agree that the sole venue for any dispute or claim shall be in Los Angeles County, California.
K. CLAIMS AND DISPUTES, WAIVER OF JURY TRIAL, AND CLASS ACTIONS
THE FOLLOWING IS IMPORTANT. YOU ARE WAIVING CERTAIN RIGHTS. PLEASE READ CAREFULLY.
1. Generally
YOU ARE AGREEING TO WAIVE YOUR RIGHTS TO A JURY TRIAL.
YOU ARE ALSO AGREEING TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THIS WEBSITE, CONTENT OBTAINED FROM THIS WEBSITE, OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE.
NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal or state courts of Los Angeles County, California, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your county, state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
2. Arbitration
At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use, and any incorporated provisions, or use of the Website or purchase of our products, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Consumer Rules of Arbitration of the American Arbitration Association applying California law.
Notwithstanding the foregoing, you expressly agree that a court of law in Los Angeles County, California will determine who has jurisdiction to determine the arbitrability of any claim or dispute. In other words, the arbitrator is not vested with the power to determine his or her jurisdiction to decide the arbitrability of disputes arising out of these Terms of Service or use of the Website.
3. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
L. WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
M. ENTIRE AGREEMENT
The Terms of Use, Privacy Policy, and any other incorporated provisions constitute the sole and entire agreement between you and La Nua with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
N. CONTACT INFORMATION
This website is operated by La Nua LLC, 11668 Tuxford Street, Sun Valley, CA 91352.
All notices of copyright infringement claims should be sent to the attention of the Legal Department at the address above.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@lanua.com.
