Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to LuckyDuck Universe! The terms "we", "us" and "our" refer to LuckyDuck Universe. LuckyDuck Universe operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). LuckyDuck Universe is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 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 the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. LuckyDuck Universe reserves the right to accept or decline your order for any reason at its discretion.

Your order is not accepted until LuckyDuck Universe confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as LuckyDuck Universe may be unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for unauthorized commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online store may be different from prices offered through other stores, marketplaces or third-party sales channels.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

  1. The payment information you provide is true, correct and complete.
  2. You are authorized to use the payment method provided for the purchase.
  3. Charges incurred by you will be honored by your payment provider.
  4. You will pay charges incurred by you at the posted prices, including shipping, handling charges and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

All shipping and delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, weather conditions, fulfillment partners or events outside our reasonable control.

Shipping times and methods may vary depending on the product, destination and fulfillment provider.

Please review our Shipping Policy for additional information regarding shipping and delivery.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio, games, artwork, logos and the design, selection and arrangement thereof, are owned by LuckyDuck Universe, its affiliates or licensors and are protected by applicable U.S. and international intellectual property laws.

These Terms permit you to use the Services 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 material from the Services without our prior written consent, except as permitted by applicable law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of LuckyDuck Universe, Shopify or any third party.

Unauthorized use of the Services may violate federal, state or international intellectual property laws. All rights not expressly granted herein are reserved by LuckyDuck Universe.

LuckyDuck Universe's names, logos, product and service names, designs and slogans are trademarks or intellectual property of LuckyDuck Universe or its affiliates or licensors.

You must not use such trademarks or materials without prior written permission from LuckyDuck Universe.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify.

All other names, logos, product and service names, designs and slogans appearing through the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS AND FEATURES

You may be provided with access to customer tools, integrations, games, applications or other functionality offered by third parties as part of the Services over which we may have limited or no control.

You acknowledge and agree that access to third-party tools may be provided "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement.

To the fullest extent permitted by law, we shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party provider.

We may also offer new features, games, rewards, tools or resources through the Services in the future. Such features will be considered part of the Services and will be subject to these Terms of Service unless otherwise stated.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access of third-party websites or your purchase or use of products, services, resources or content available through third-party websites.

Please carefully review third-party policies and practices before engaging in a transaction.

Complaints, claims, concerns or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

LuckyDuck Universe is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our Store are made directly with LuckyDuck Universe.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and LuckyDuck Universe, including any injury, damage or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with LuckyDuck Universe to the fullest extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information related to your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transmitted to and shared with Shopify and other service providers or partners, including providers that may be located in countries other than where you reside, as necessary to provide the Services.

Please review our Privacy Policy for additional information about how we and our service providers collect, use and protect personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for purposes including operating, evaluating, improving and promoting the Services.

You represent and warrant that:

  1. You own or have the necessary rights to all Feedback you provide.
  2. You have disclosed any compensation or incentives received in connection with your submission of Feedback.
  3. Your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback unless otherwise required by law.

We may monitor, edit or remove Feedback that we determine violates these Terms or applicable law.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights.

You further agree that your Feedback will not contain unlawful, abusive, defamatory, obscene or malicious content or computer viruses or other malware that could affect the operation of the Services.

You may not use a false email address, impersonate another person or otherwise mislead us or third parties regarding the origin of Feedback.

You are solely responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, product availability or other information.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate at any time, including after you have submitted an order, subject to applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

  1. For any unlawful or malicious purpose.
  2. To violate any international, federal, state, provincial or local law, regulation or ordinance.
  3. To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  4. To harass, abuse, threaten, defame, intimidate or harm another person.
  5. To transmit false or misleading information.
  6. To upload, transmit or distribute material that does not comply with these Terms.
  7. To transmit or facilitate unsolicited advertising, junk mail, spam, chain letters or similar solicitation.
  8. To impersonate or attempt to impersonate another person or entity.
  9. To engage in conduct that restricts or inhibits another person's use or enjoyment of the Services or that may harm LuckyDuck Universe, Shopify or users of the Services.

In addition, you agree not to:

  1. Upload or transmit viruses or malicious code that may affect the functionality or operation of the Services.
  2. Reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services except as expressly authorized.
  3. Collect or track personal information of others without authorization.
  4. Spam, phish, pharm or engage in similar deceptive activities.
  5. Use automated tools to improperly scrape, extract or access the Services contrary to our instructions or applicable law.
  6. Interfere with, bypass or circumvent security, authorization, robot-exclusion or other measures used to control access to the Services.

We reserve the right to suspend, disable or terminate access if we determine that these Terms have been violated.

SECTION 14 - AUTOMATED AGENTS

This section applies if you use, allow, enable or cause the deployment of an automated or semi-automated software agent ("Agent") to access, use or interact with the Services.

An Agent may not access or interact with the Services in violation of our technical restrictions, security measures, instructions or applicable law.

We may use technical measures to limit whether and how automated systems access, use or interact with the Services.

Automated systems must not intentionally conceal their automated nature, circumvent CAPTCHAs, bypass security controls or evade measures intended to regulate automated access.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, in our discretion where permitted by law.

You will remain liable for amounts properly due up to and including the date of termination.

Provisions that by their nature should survive termination will continue to apply, including provisions regarding intellectual property, feedback, disclaimers, limitation of liability, indemnification, severability, governing law and other continuing obligations.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes.

We do not warrant the accuracy, completeness or usefulness of information except where expressly stated.

Any reliance you place on such information is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED BY LUCKYDUCK UNIVERSE, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THIS MAY INCLUDE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT TO THE EXTENT SUCH WARRANTIES MAY LEGALLY BE DISCLAIMED.

WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Some jurisdictions limit or do not allow certain warranty disclaimers, so portions of the above disclaimer may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LUCKYDUCK UNIVERSE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA OR SIMILAR DAMAGES, EXCEPT WHERE SUCH LIABILITY CANNOT LEGALLY BE EXCLUDED OR LIMITED.

Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, our liability will be limited to the maximum extent permitted by law.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless LuckyDuck Universe, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to a third party arising out of:

  1. Your breach of these Terms of Service or documents incorporated by reference.
  2. Your violation of applicable law or the rights of a third party.
  3. Your misuse of the Services.

We will provide reasonable notice of an indemnifiable claim. Failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of a claim where permitted by law, and you agree to reasonably cooperate in the defense of such claims.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by law.

Any unenforceable portion will be deemed severed from these Terms, and that determination will not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site regarding the Services constitute the entire agreement and understanding between you and us regarding your use of the Services, superseding prior or contemporaneous agreements, communications and proposals relating to the Services.

Any ambiguities in the interpretation of these Terms shall not automatically be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign these Terms or your rights or obligations under them without our prior written consent where such restriction is permitted by law.

We may transfer, assign or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws applicable in the jurisdiction where LuckyDuck Universe is headquartered, without limiting any consumer protection rights that cannot legally be waived.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our discretion and subject to applicable law, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

Where legally required, we will provide notice of material changes.

Your continued use of or access to the Services following the effective date of revised Terms constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

LuckyDuck Universe
Email: luckyduckuniverse@gmail.com
Website: www.luckyduckuniverse.com