Terms & Conditions
I. TERMS AND CONDITIONS
Please read carefully the Terms and Conditions (‘Terms and Conditions”). By entering and using this website you agree to be bound by the Terms and Conditions hereby described. If you, in any form or shape, directly or indirectly, totally or in part, do not agree with this website’s Terms and Conditions, please do not use it or make any purchase from it. By continuing to use this website and making any purchase from it, you understand and accept the fact that the Terms and Conditions herein are a bounding contract between you and M-Brace Ltd (“GL”,“We” or “Us” or “Our”). If you do not agree to these Terms and Conditions, you are not authorized to use Our Site.
GL reserves the right to modify, change and replace any or all of the conditions contained within the Terms and Conditions herein, at its sole discretion, no prior or explicit announcement being needed, except for the local publication on the www.lucocharles.com website.
Who www.lucocharles.com and M-Brace Limited are www.lucocharles.com
is a website owned and operated by M-Brace Limited, a company formed and operating in the United Kingdom, and having its registered office located at 24 Payton Street, Stratford Upon Avon, CV37 6UA, Company Registration Number 09633246.
Accessing www.lucocharles.com website
Access to Our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on our site (the “Services”) without notice. We will not be liable if for any reason our site is unavailable at any time or for any period, as we will not be liable if you cannot access or use any of the services provided on our website.
We have the right to restrict access to some parts of Our Site, or Our entire Site, to users who have registered with Us, or to limit the access and usage of users on a “limit per use” of our services, or for any other reason, without any notice.
When signing in on Our Site, you may be asked to choose, or you are going to be provided with, a user identification code, a password or any other piece of information as part of Our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by Us, at any time, if in Our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
We cannot be liable in any way for any possible financial loss you may encounter as a result of your mishandling of such security code or any confidential information needed to log in onto Our Site.
You are responsible to make sure that all persons who access Our Site from your internet connection or using your internet connection means (laptop, computer, tablet, web-enabled phone or any similar software or hardware) are aware of these Terms and Conditions, and that they comply with them.
By accessing our website you understand and agree that any possible claim, litigation or, for that matter, any situation regarding a legal representation shall be carried and interpreted under British law. You also understand and agree that the British Courts hold sole jurisdiction over such matters and any by accessing our site you waive out your right to claim and invoke any other jurisdiction, and for that matter you also waive out your right to seek a legal cure, settlement or action in relation with Us or with Our Site, in any other jurisdiction.
When accessing Our Site please be aware of the fact that we aim to update Our Site regularly, and may change the Content at any time. If the need arises, we may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time, and We are under no obligation to update such material, even if this material is may be advertised as “up to date” in third party interviews, written or online media as well as TV or radio broadcasts.
Intellectual property rights and usage
We hold ownership rights or valid license for usage of all intellectual property in Our Site, and the whole material published on it including all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on Our Site (“Content”), as well as the general design and feel of the Site. All those works, including but not limited to the general look, videos and live feeds that may be displayed on Our Site are protected by local or international copyright laws and treaties and all such rights are reserved.
Subject to the present Terms and Conditions, you may print off one copy and may download extracts of any page(s) from Our Site, provided that such is intended for personal use and is not going to be modified and/or re-used for publishing or display without Our written consent.
However, you must not use any part of the Content and/or materials on Our Site for commercial purposes without obtaining a license to do so from Us or our Licensors.
However, you must not use any part of the Content and/or materials on Our Site for commercial purposes without obtaining a license to do so from Us or our Licensors.
All content displayed on Our Site is provided by Us on an “as is” bases, without any guarantees, endorsement or warranties about its accuracy to the extent permitted by the law.
By accessing and using Our Site, you acknowledge, understand and agree that We as well as any company, individual or entity affiliated with Us, or any third party connected with Us, are expressly excluded from any liability for any direct or indirect loss, damage or harm incurred by any user in connection with Our Site or in connection with the use, limited use, inability to use Our Site, any links, materials or services posted or provided on it. The Liability exclusion shall include but not be limited to: any loss of income, business, revenue, predicted or expected savings, data, goodwill, profits, contacts, personal or business connections as well as any social status or consideration;
Our Site, including, without any limitation, all content, materials, services and information it is offered strictly on “as is” and/or on “as available” bases, and without any warranty. Therefore, even if we try to keep all our representations and statements as accurate and updated as possible we don’t warrant that the content, functions and services on our website will be always uninterrupted, timely, secure or error free or that any possible down time or errors can be corrected in any specific amount of time. We make no representations that Our Site will meet or fulfill all users’ requirements or expectations and no material obtained by you through Our Site shall create any warranty or be bounding except as specifically expressed herein. By accessing Our Site you understand and agree that in case of dissatisfaction with Our Site your sole legal remedy is to discontinue using Our Site.
Without limitation to the other sections of the present Terms and Conditions, and apart from any product warranty offered by us as otherwise set forth in a Sale Agreement separately concluded in writing between You and Us, we hereby disclaim all express or implied warranties or representations regarding any products or services offered, ordered or provided by this Site, and hereby wave all warranties and representations made in any product or services literature, FAQ section, in correspondence with Us or with our agents, hotline operators, either in-house or third parties servicing for Us, or otherwise on this website. All Our products and services are offered “as is”.
This foregoing does not affect our liability for personal injury or death arising from Our negligence, nor our liability for fraudulent misrepresentation or misrepresentation to a fundamental matter, not any other liability that cannot be excluded or limited under the applicable law.
Under no circumstances, the total aggregate liability of us or our agents, affiliates officers or employees, can exceed the amount paid (if any) by you to us for the use of Our Site and/or purchase products or services through Our Site.
All www.lucocharles.com products are guaranteed against defects for 30 days from the date of the invoice.
If any mistake on a product or price representation is made on Our Site, We reserve the right to correct it and to cancel the orders placed for products listed with such an incorrect price. No order placed by you on Our Site is considered accepted and legally binding to Us until the said product has been shipped by Us.
Transactions concluded through Our Site
All products or services presented and offered through Our Site are offered solely for personal, non-commercial use only and they are not destined to re-sale. Any and all warranties made by Us to You when you purchase any of Our services or products are solely destined to You and shall not be transferable or assignable to any third-party. Any commercial use of Our products and services by You will immediately and irrevocably void any and all guarantees presented by Us, and the usage of Our services or products in any commercially related way does not have our endorsement or acceptance, any and all representations You make to your customers being solely on your liability.
In order to be able to order products or services from Our Site you must be at least 18 years old and posses the legal right in your own country to purchase and/or detain such products and services. We are not liable in any way for You breeching any local laws or rules by purchasing Our services or products and if such purchase is counter veining any rule, law or customs in your own country you shall not attempt to make such purchase.
Certain products that you purchase on this Site may be subject to additional terms and conditions presented to you at the time of such purchase.
Disclosure, personal information, etc
www.lucocharles.com return policy
We hope that you will be pleased with your purchase from Our Site. If for any reason you, however, decide that you do not want to keep the purchase you made online from Us, We will accept back the products you bought from us, if they are in their original condition and packaging and when accompanied by all (if any) promotional or gifted materials, together with the original slip of sale. We shall issue the refund only in the same form as was utilized for payment. You shall have the merchandise you want to return shipped to us within 30 days from the date of delivery, any additional shipping costs being on your charge. We strongly suggest that you use a courier or a form of insured parcel service that provides you with a tracking number and a compensation in the event that the return packages are lost, stolen, destroyed or mishandled. We cannot accept returns that have been worn, used, altered, scratched or damaged in any way. We reserve the right to refuse return for any products that does not match the return policy hereby prescribed, to Our sole discretion.
Payments for goods and services on www.lucocharles.com
By making a payment through www.lucocharles.com website you accept the terms and conditions hereby presented and these terms and conditions apply to all payments made (whether online, by telephone, or in any other manner) to www.lucocharles.com;
“Credit Cards” includes both credit and debit cards;
By entering your credit card information:
- a. You are stating that you are an authorized user of the credit card and that the associated information entered (account holder name, account number, billing address, etc.) is accurate;
- b. You authorize Us to charge the amount you have requested to your credit card;
- c. If you set up an account with Us with a quick checkout system, then you authorize Us to charge the amount due for the invoice related with the order being paid to the credit card;
- d. You also authorize Us to return to your credit card any funds due to you by Us resulting from use of this Site, such as reimbursement for product returns;
- e. For each transaction, in addition to the charge you have authorized, your credit card issuer and network may assess their customary transaction or handling charge, if any;
- f. If a charge is declined or reversed by the credit card issuer or network, you agree to pay us a service charge and to reimburse us for all reasonable costs of collection. Your credit card issuer may also assess its customary charge for such transactions;
- g. If your credit card issuer or network does not honor an online payment transaction, we may terminate any or all your orders, and we may cancel your right to participate in the online payment program;
- h. Due to the way transactions are processed by the external banking sites, there may be delays of 1-3 days in updating your payment in Our Site's records;
- i. www.lucocharles.com will confirm your payment details via email. If successful, We will confirm that your payment was completed. If unsuccessful, We will advise that your payment has failed. www.lucocharles.com will not be advised why a payment has failed, therefore, you should contact your credit card provider for any further details. We cannot, via our customer care service, answer any questions related to a declined payment;
- j. www.lucocharles.com Terms and Conditions for online credit card payments are subject to change at any time. Each transaction shall be subject to the specific Terms and Conditions that were in place at the time of the transaction;
- k. All information you provide on the credit card payment facility forms will be handled in accordance with Our present privacy statement;
Shipping and handling
At www.lucocharles.com we always care for your satisfaction. The price you pay on Our website for products or services is calculated by our billing system according with a third party provider’s quote. We are not liable for any change on their delivery or price policy and any order is considered accepted only after pick-up by our provider..
You shall be aware that our services and products are always intended to be delivered directly to your door, with no additional action required on your end. However, based on your geographical location and your local and national rules and/or laws, for some products you may be required to take a certain form of action, give a statement, fill in customs or tax release forms or documents. We cannot be liable for any such requirements provided by your local authorities or in any change of such.
In the very unlikely event of a change in such local regulations or laws, change that may come in place after you placed your order and before you received it, we are ready to reimburse your payment and get the product returned to us, if the delivery would be impossible or would require you to face more bureaucratic issues as was initially provided by the previous regulations.
We always try to keep our systems up to date with local and national import requirements, customs duties, VAT and/or any additional tax or assay information that may be applicable in your own country, however, we cannot guarantee the validity of such information, since we are also obtaining it from third party sources. In the unlikely event of inconsistency of facts or numbers we provide for your order, you are entitled to ask for a refund and return the product(s) if you are encountering higher expenses then initially calculated by our system while importing the product(s) in your country. All such returns and refunds are subject to the terms and conditions applicable for Our Site.
Jurisdiction and applicable law
The present Terms and Conditions, all and any legal relation(s) that may occur from your use of Our Site are governed by the laws of Britain without regard to their conflict of law provisions. You agree that any cause of action that may arise under the present Terms and Conditions will be brought in the appropriate court in UK and you agree to submit to the personal and exclusive jurisdiction of the courts located in UK. By using Our Site you waive out your right to go for any cause of action in any other jurisdiction except for UK and, in case or any conflict of law provisions that may grant you such a right regardless of the provisions displayed herein, you waive out your right to enforce or domesticate in UK any and all foreign judgement(s) you may get by applying to any foreign court.
The present Terms and Conditions contains the entire agreement between Us and You related to the subject matter hereof and supersedes any and all prior versions. Any modification by Us of the present Terms and Conditions shall be valid and enforceable immediately after its publication on Our Site.
The invalidity or un-enforceability of any provision(s) herein published shall not affect the validity or enforceability of any other provision of the present Terms and Conditions. In place of the invalid or unenforceable provision, a valid provision is presumed to be agreed upon which is economically closest to the provision actually agreed upon. This shall also apply in case of an omission.
No officer, employee or representative of Us has any authority to make any representation, warranty or agreement not contained or in conflict with the provisions of the present Terms and Conditions , and you agree that you don’t access and use Our Site in reliance upon any representation, warranty or agreement not expressly set forth in here.
It is understood that you have read and understand the present Terms and Conditions and have had the opportunity to consult with counsel and/or personal representatives with respect hereto.
We will not be liable for any nonperformance or delay in performance caused by any act beyond Our reasonable control, including but not limited to 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.
The headings and captions in the present Terms and Conditions are intended for convenience only and shall in no way affect the interpretation of the said terms and conditions in any manner.
II. ACCEPTABLE USE POLICY AND GENERAL ACCEPTED NOTIONS
The Acceptable Use Policy sets out terms between and Us under which you may access and use Our Site.
Colours on your monitor - color on a computer, phone, tablet or TV screen vary from device to device, based on resolution, color profile settings, monitor or display technology, etc. By accessing and using Our Site you understand and agree that the colors you may see on your display may vary from the actual physical color of the gems or metals used on any product you may purchase from Our Site. It is also understood that, in spite of Our best efforts to match the actual colors there is always a chance that the color of a real, physical object would vary from the color of a display representation. You hereby agree to the fact that your purchases shall not be based solely on such display color interpretation.
Illegal or prohibited use:
You may use Our Site only for lawful purposes. You may not use Our Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with Our Content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Termination of Use
We will determine, in Our discretion, whether there has been a breach of this Acceptable Use Policy through your use of Our Site. When a breach of this policy has occurred, We may take such action as We deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms and Conditions (please see Part I above) upon which you are permitted to use Our Site, and may result in Our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use Our Site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to Our Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as We reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and We may take any other action We reasonably deem appropriate.
Changes on the terms and conditions
We may revise this acceptable use policy at any time by amending this page and such change(s) shall be effective upon posting on Our Site. You are expected to check this page from time to time to take notice of any changes