PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY. WHEN YOU USE OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND POLICIES.
TERMS OF SERVICE
Welcome to lucchese.com. Lucchese, Inc. and/or its affiliates ("Lucchese") provide website features and other products and services to you when you visit or shop at www.lucchese.com ("Our Website" or "lucchese.com"), use Lucchese products or services, or use software provided by Lucchese in connection with any of the foregoing (collectively, "Lucchese Digital Services"). Lucchese provides the Lucchese Digital Services subject to the following conditions ("Terms of Service").
Illegal or Abusive Usage is Strictly Prohibited: You must not abuse, harass, threaten, impersonate or intimidate other users of Our Website. You may not use the Lucchese Digital Services for any illegal or unauthorized purpose. Users from jurisdictions other than the United States and its Territories additionally agree to comply with all local laws regarding online conduct and acceptable content. Should you be found to have engaged in illegal or abusive usage of Our Website, Lucchese will suspend any account you may have with Lucchese Digital Services or usage of Our Website as applicable.
Electronic Communication: When you visit Our Website or send e-mails to Lucchese, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on Our Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Intellectual Property Rights: All content included on Our Website, such as text, graphics, layouts, logos, button icons, images, audio materials, videos, digital downloads, and content compilations ("Creative Content") is the property of Lucchese and protected by United States and international copyright laws. All software used, provided or available on Our Website ("the Software") is the property of Lucchese or its software suppliers and it is protected by United States and international copyright laws, and other laws designed to protect intellectual property, such as laws for the protection of inventions.
www.lucchese.com and other Lucchese graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Lucchese, Inc. in the U.S. and/or other jurisdictions ("Lucchese Trademarks"). You shall not use the Lucchese Trademarks in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lucchese, or tarnishes or dilutes the Lucchese Trademarks. All trademarks not owned by Lucchese that appear on Our Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lucchese.
You may not frame or utilize framing techniques to enclose any Lucchese Trademarks, Creative Content, or the Software on other websites without prior express written consent. You may not use any meta tags or any other "hidden text" utilizing Lucchese Trademarks without prior express written consent.
Except as expressly permitted by applicable law, these Terms of Service, or as authorized by Lucchese in the form of prior express written consent, or the applicable licensor, you agree not to modify, reproduce, rent, lease, loan, sell, distribute, publicly display, transmit, broadcast, or publicly perform any of the Creative Content, the Lucchese Trademarks or the Software, or create derivative works based on the Creative Content, the Software, or the Lucchese Digital Services, in whole or in part.
License to Access Our Website: Lucchese grants you a limited license to access and make personal use of Our Website unless otherwise provided in these Terms of Service. You shall not download, other than page caching, or modify Our Website or any content included on Our Website, or any portion of it, except with Lucchese’s prior express written consent, and except you may download order confirmations and other documents generated in connection with your shopping from Our Website. In particular, this license does not include any right for resale, lease, rent, or other commercial use of Our Website or its contents other than for the purpose of your permitted shopping and your related activities on Our Website. You shall not collect and/or assemble any product listings, descriptions, product images, or prices through data mining, robots, or similar data gathering and extraction tools. You are granted a limited, revocable, and nonexclusive license to create a hyperlink to the home page of lucchese.com so long as the link or the website where such link is displayed or otherwise is available does not portray Lucchese or its products or services in a false, misleading, derogatory, or otherwise offensive light. You may not use the Lucchese Trademarks or Creative Content as part of the link without Lucchese’s prior express written permission. Any unauthorized use terminates the permission or licenses granted.
Your Account: If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you are under the age of 18, you may use Lucchese Digital Services only with the involvement of a parent or guardian. Lucchese reserves the right to refuse service, terminate accounts, remove, add or edit content, or cancel orders in its sole discretion.
Reviews, Comments, and other User Content: If at any time, Lucchese offers features as part of lucchese.com and/or Lucchese Digital Services that allow visitors and/or users to post reviews, comments, photos, and other content, and/or to submit suggestions, ideas, questions, or other information ("User Content"), said visitors/users may do so as long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or mislead as to the origin of the User Content. Lucchese reserves the right to monitor, remove, add to or modify User Content and user activity, but does not and is not obligated to regularly review or monitor User Content and user activity.
You grant to Lucchese a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, display, publish, distribute, translate, and create derivative works from the User Content throughout the world in any media now known or conceived in the future. You grant Lucchese and sub-licensees the right to use the name that you submit in connection with the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content, or that you are otherwise authorized to grant the rights set forth in this paragraph; that the User Content is accurate; and that use of the User Content does not violate these Terms of Service or third party rights.
Indemnification; Claims against other Users: You agree that in the event you have any right, claim or action against users of Our Website arising out of that user's use of Our Website, including such User's User Content, then you will pursue such right, claim or action independently, and without recourse to us. Lucchese takes no responsibility and assumes no liability for any content posted by you or any third party. You agree to indemnify and hold harmless LUCCHESE against any claims, actions, and damages arising out of your unlawful behavior in relation to Our Website or your breach of these Terms of Service.
Links to Third Party Websites: Our Website may contain links to websites which are owned or controlled by third parties ("Third Party Sites"). Lucchese does not control and shall not be responsible for the Third Party Websites and content on such Third Party Websites, or for products and services offered on such Third Party Websites. Further, the content of Third Party Websites may be governed by separate terms of service or policies, the contents of which Lucchese recommends you to review.
Product Descriptions: Lucchese attempts to be as accurate as possible. However, Lucchese does not warrant that product descriptions or other content is accurate, complete, reliable, current or error-free, or that products are available. If a product offered by Lucchese itself is not as described, your sole remedy is to return it in unused condition.
Pricing: Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Lucchese is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Returns: Please see our Returns Policy HERE
Risk of Loss: All items purchased from Lucchese are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Disclaimer of Warranties and Limitation of Liability
LUCCHESE.COM AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH LUCCHESE.COM ARE PROVIDED BY LUCCHESE, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LUCCHESE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AS TO THE OPERATION OF LUCCHESE.COM AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LUCCHESE, INC. DOES NOT WARRANT THAT LUCCHESE.COM, AND INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH LUCCHESE.COM, SERVERS, OR E-MAIL SENT FROM LUCCHESE, INC. ARE ACCURATE, COMPLETE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUCCHESE, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF LUCCHESE.COM OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH LUCCHESE.COM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LIQUIDATED, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
BY USING LUCCHESE.COM, YOU WAIVE THE RIGHT TO REVCOVER ANY ATTORNEYS FEES, COSTS OF SUIT, OR TAXED COSTS. IN NO EVENT SHALL LUCCHESE's AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO, OR ARISING OUT OF, USE OF LUCCHESE.COM OR PRODUCTS RECEIVED FROM LUCCHESE EXCEED THE LESSER OF THE PRICE YOU PAID FOR THE APPLICABLE PRODUCT OR U.S. $250.00.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
Applicable Law: By visiting Our Website, you agree that the laws of the State of Texas, United States of America, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Lucchese.
Disputes: Any dispute relating to or arising out of your visit to Our Website or to products or services sold or distributed by lucchese.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in the County of El Paso in the State of Texas, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Modifications and Amendments: Lucchese reserves the right to amend these Terms of Service by notifying you of such amendments reasonably in advance. Lucchese delivers the amended Terms of Service to you via Our Website or some other suitable means at its discretion. Your continued use of Our Website after receiving the notification regarding such amendments shall be deemed as your acceptance of the amended Terms of Service. In the event you do not accept the amended Terms of Service your right to use Our Website shall terminate on the effective date the amended Terms of Service enter into force.
Lucchese may also at its discretion make the amended Terms of Service available without prior notice upon the next time you access Our Website and make use of Our Website conditional upon your acceptance of the amended Terms of Service (for example by clicking "Accept"). However, should you choose not to accept the amended Terms of Service made available to you in accordance with this paragraph, your right to use Our Website terminates immediately.
Severability: If, at any time, any provision hereof is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall in no way be affected or impaired thereby. The invalid provision shall be replaced by a valid one which achieves the original purpose and commercial goal of the invalid provision to the extent possible.