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making darling moments

making darling moments

Wholesale Policies

PAYMENT POLICY

 

All payments must be processed prior to order shipment unless otherwise arranged. For questions regarding the payment process, please contact us directly at customerserivce@lucydarling.com or (623) 201-3539. 

 

DAMAGE POLICY


Please reach out to customerservice@lucydarling.com if your items arrive damaged from transit. We would be more than happy to assist you in resolving your problem.
 

PRIVACY POLICY


SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 - CONSENT

How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at customerservice@lucydarlingshop.com or mailing us at:

Lucy Darling
4848 E Cactus Road
STE 505-822
Scottsdale, AZ 85254

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.  
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.  
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Google analytics:
Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 - COOKIES

 Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
 _session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
 _shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
 _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
 _secure_session_id, unique token, sessional
 storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
PREF, persistent for a very short period, Set by Google and tracks who visits the store and from where.

SECTION 8 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 9 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at wholesale@lucydarling.com or by mail at

Lucy Darling
[Re: Privacy Compliance Officer]  
4848 E Cactus Road

Suite 505-822

Scottsdale, AZ 85254
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Lucy Darling Terms and Conditions

Lucy Darling, LLC is registered in the United States with registered office at 4848 E Cactus Road, Suite505-822, Scottsdale, AZ 85254.

Pricing

Orders are subject to Lucy Darling, LLC prices in effect at the time of shipment. Prices do not include freight, insurance, applicable surcharges, taxes, duties, or other governmental charges unless specified, all of which are BUYER’s responsibility.

Payment

Unless otherwise agreed, payment shall be made in advance of shipment by credit card, company check or any other form of payment acceptable to Lucy Darling, LLC. In the case of payment by credit card, Lucy Darling, LLC will process the charges not more than five business days in advance of shipping. In the case of payment by check, Lucy Darling, LLC may hold shipment of products until Lucy Darling receives notice from its bank that BUYER’s check has been honored. Should BUYER’s payment not be honored for any reason, Lucy Darling, LLC may cancel this contract, if BUYER shall remain liable for damages.

Credit:

Lucy Darling, LLC is under no obligation to extend credit to BUYER. If credit is extended, Lucy Darling, LLC reserves the right to limit or revoke such credit at any time and for any reason in Lucy Darling, LLC sole discretion.

Deliveries

Release by Lucy Darling, LLC of products to a carrier constitutes delivery to BUYER, and risk of loss shall thereupon pass to BUYER. Any delivery date provided by Lucy Darling, LLC is only an estimate. Time shall not be of the essence for the purpose of delivery. Property in the products will only pass when payment for the products, in full and in cleared funds, is received by Lucy Darling, LLC. Products held by Lucy Darling, LLC for BUYER for any reason shall be at BUYER’s risk. Although Lucy Darling, LLC will make every reasonable effort to avoid partial shipments, Lucy Darling, LLC has the right to make partial shipments. Payments for partial shipments will be charged consistent with the payment terms set forth above. Should delivery of all or any part of the products be delayed by events beyond Lucy Darling, LLC control (such as strikes, disasters, government regulations or Lucy Darling, LLC inability to obtain labor, materials, or services), Lucy Darling, LLC time for performance shall be extended by the period of delay, or Lucy Darling, LLC may, at its option, cancel this contract without liability, BUYER remaining liable to pay for shipments already made. Lucy Darling, LLC obligations hereunder are subject to the condition that at time of shipment all legal and regulatory requirements owed by the BUYER shall have been complied with.

Internet and COOP Sales

BUYER shall not, without Lucy Darling, LLC prior written authorization, sell (or otherwise dispose of) Lucy Darling, LLC products on the internet. A Lucy Darling, LLC is under no obligation to permit BUYER to offer the products via the internet. However, if Lucy Darling, LLC authorizes use of this distribution channel, BUYER may only offer Lucy Darling, LLC products via a website registered to and maintained by BUYER and approved by Lucy Darling, LLC. BUYER shall not market Lucy Darling, LLC products through Amazon, Walmart, E-Bay, Etsy or any other internet auction site, or through any coop or group sale, including, but not limited to, all social media channels such as Facebook, Instagram or Pinterest pages or groups. BUYER shall not resell (or otherwise dispose of) Lucy Darling, LLC products to other retailers. Lucy Darling, LLC shall have the right to suspend deliveries and may terminate this and all other contracts with BUYER in the event of any unauthorized sales by BUYER.

Use of Lucy Darling, LLC Intellectual Property

BUYER may not use Lucy Darling, LLC copyrights, logos, patents, trademarks, trade dress, trade names (collectively “IP”) or images of Lucy Darling, LLC products without prior written approval. In the event that Lucy Darling, LLC does grant a limited license to the BUYER, allowing use of Lucy Darling, LLC IP or images of Lucy Darling, LLC products, such use must be tasteful and appropriate (as determined solely by Lucy Darling, LLC). Lucy Darling, LLC reserves the right to revoke any such license to use its IP at any time and for any reason.

Warranties

Lucy Darling, LLC warrants that the products delivered hereunder shall conform with the description on website vendor portal. Products which do not conform to the description or are defective in material or workmanship will be replaced or, at Lucy Darling, LLC option, credit for the original purchase price will be allowed if BUYER notifies us in writing of such defect within one (1) year of delivery and BUYER returns such products in accordance with Lucy Darling, LLC instructions. No products may be returned by BUYER without prior written authorization. All returns shall be subject to verification on arrival at the location specified for the return of the products in such written authorization. The foregoing constitutes BUYER’s sole and exclusive remedy and Lucy Darling, LLC’s sole obligation with respect to products furnished hereunder. Lucy Darling, LLC makes no other warranty or representation with respect to the products, either express or implied, including without limitation, that of satisfactory quality or fitness for a particular use. Failure to make any claim: (i) in writing; and (ii) within such period, shall constitute an irrevocable acceptance of the products and an admission by the BUYER that the products fully comply with all terms, conditions and specifications of this contract.

Limitation of Liability

Lucy Darling, LLC’s total liability for losses suffered because of it breaching these terms is strictly limited to the purchase price of the products purchased under the relevant contract. This limitation of liability does not include or limit in any way Lucy Darling, LLC’ liability for: death or personal injury caused by Lucy Darling, LLC negligence; under section 2(3) of the Consumer Protection Act 1987; for fraud or fraudulent misrepresentation; or for any other matter for which it would be illegal for Lucy Darling, LLC’ to exclude, or attempt to exclude, its liability. Lucy Darling, LLC shall not be responsible for in-direct, incidental, special or consequential damages under any circumstances, including, but not limited to, damage or loss resulting from inability to use the products, lost profits, increased operating costs, loss of sales, or any other damages. Lucy Darling, LLC shall not be liable for normal manufacturing defects, for customary variations from specifications, or for any imperfections inherent in the materials or processes used. Lucy Darling, LLC does not guarantee exact matching of color or shade, resistance to light or water, or suitability for further processing.

Design and Protection

Rights in the design of Lucy Darling, LLC products, or designs incorporated in such products, delivered hereunder shall pass to BUYER except as an integral part of the products. BUYER agrees not to copy or reproduce, or cause to be copied or reproduced, either directly or indirectly, Lucy Darling, LLC products, product designs, designs incorporated in such products, or product packaging.

Construction

This contract contains the entire agreement between the parties and supersedes any prior or contemporaneous oral or written agreements and/or communications between them relating to the subject matter hereof. This contract shall be governed by the laws of the United States and except, however, if local law requires its own applicability to render enforceable all provisions of this contract, then such local law shall apply. Waiver by Lucy Darling, LLC of any provision of this contract, or of any breach by BUYER, shall not constitute a continuing waiver and Lucy Darling, LLC shall retain the right to insist upon the operation of all provisions hereof and to enforce its rights with respect to any subsequent breach. Should any provision of this contract be held void, voidable or unenforceable for any reason, all remaining provisions of this contract shall remain in full force and effect.

Notices

BUYER accepts that communication with Lucy Darling, LLC will be mainly electronic. For contractual purposes, BUYER agrees to this electronic means of communication and acknowledges that all contracts, notices, information, and other communications that Lucy Darling, LLC provide electronically comply with any legal requirement that such communications be in writing. Lucy Darling, LLC may give notice to BUYER via its website or at either the e-mail or postal address provided when placing an order. Notice will be deemed received and properly served immediately when posted on Lucy Darling, LLC website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Variation and Future Transactions

Lucy Darling, LLC have the right to revise and amend these terms and conditions from time to time. Except to the extent that a future transaction is governed by a signed contract between the parties, the terms and conditions of this contract shall apply to all future transactions. By submitting an order through the Lucy Darling, LLC website you agree to be bound by the above terms and conditions.

Miscellaneous

BUYER may not transfer, assign, charge or otherwise dispose of a contract, or any rights or obligations arising under it, without Lucy Darling, LLC prior written consent. Contracts for the purchase of products from Lucy Darling, LLC and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by United States law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of the United States.

This sale, made by Lucy Darling, LLC, is subject to all of the terms and conditions set forth below, all of which are accepted by you (“BUYER”), supersede BUYER’s order form, if any, and constitute the terms and conditions of sale between the parties. By submitting your order through the Lucy Darling, LLC website you, BUYER, agree to be bound by these terms and conditions.

Questions about the Terms of Service should be sent to us at wholesale@lucydarling.com.


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