The following Terms and Conditions shall apply exclusively to the business relationship between Clarios Corporation, its internet platform www.LuckyChic.com ("Lucky Chic") and our users. By using Lucky Chic, the user accepts the following Terms and Conditions, as well as the manner in which Lucky Chic and its "Bid Concierge" operate as described on the website www.LuckyChic.com. Variations or alterations in the following Terms and Conditions shall only be binding upon Clarios Corp. if agreed to in writing.
By placing a bid on Lucky Chic, the user declares that they are legally capable of entering into binding contracts and that they are at least 18 years old. Lucky Chic's products and services are offered exclusively to private users and not to commercial or partly-commercial resellers. Lucky Chic reserves the right to exclude commercial resellers from the participation in the auctions and to close their user accounts at any time. Each user may register only once using their email address. Additionally, only one user registration per person is permitted.
During the registration process, the user must choose a nickname. The nickname must not be offensive, be selected to deceive or mis-inform other users, may not offend common decency or infringe upon the rights of third parties. If Lucky Chic receives information of a nickname which is illegal or in breach of these Terms, this nickname can be amended by Lucky Chic without prior notice. The corresponding user password is to be kept secret by the user. User accounts created during registration are non-transferable. The user account may be used only by the user and not by anyone else. Any abuse of the user account, be it to the detriment of third parties or to the detriment of Lucky Chic, shall result in the disqualification of the user and the reporting of a crime. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.
Lucky Chic reserves the right to temporarily or permanently disqualify a user, or disable their account at any time, and at its sole discretion. Users will be disqualified when in the reasonable opinion of Lucky Chic, a member has violated any laws or the rights of third parties. A user will be disqualified if such action will protect the rights of other users, or to prevent unauthorized manipulation or use of Lucky Chic. Examples of such unauthorized usage include (but are not limited to) non-payment of bids, use of unauthorized third-party bidding software or set up of multiple user accounts by the same individual. In case of a breach of these Terms, Lucky Chic reserves the right to withhold deliveries or refunds for bids.
Lucky Chic reserves the right to limit the number of auctions a user may participate in or the number of her successfully finished auctions at its sole discretion ("Win Limits Policy"). In particular, 1) "Thirty Item Win Limit": each user or "Household" (defined as a group of users that reside at the same location or have the same mailing address) shall be limited to win at most thirty (30) auctions in any thirty-day period. 2) "Premium Item Win Limit": each user or Household shall be limited to win at most two (2) auctions of a "Premium Item" (an item with an Original Price of $150 or greater) in a three (3) month period. Brand extensions (e.g. Kindle and Kindle DX; Sony Bravia HDTV 26" and 42") are counted towards the Premium Item Win Limit for that item. For example, a user is permitted to win only two Sony Bravia HDTV's (regardless of size) in a three month period. Lucky Chic reserves the right to temporarily or permanently disqualify a user, or disable their account at any time, and at its sole discretion.
Bidding rights ("bids") must be purchased and paid for by users prior to online bidding. Bids can be purchased in packs ("Lucky Chips") at the currently applicable prices, which can be viewed in "My Home" under "Buy Lucky Chips". Payment can be made by credit/debit card or via payment agents such as PayPal.
Should a payment not be honored by a user, a returned payment fee will be charged. The user will be responsible for these fees. Lucky Chic reserves the right to block access to the user's account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full.
Lucky Chips and Free Lucky Chips are valid for six (6) months after they have been credited to a user's account.
Promotional Lucky Chips are only valid for the time stated in the promotion, in general only 7 days. Upon expiration, Promotional Lucky Chips become void and can no longer be placed. Once a Lucky Chip is placed in an auction, it is deducted from the user's account and can no longer be refunded. Refunds will not be issued for Lucky Chips placed in an auction, expired Lucky Chips, Free Lucky Chips, and Promotional Lucky Chips.
Users can bid in two ways online. Bids can be placed by clicking on the relevant bid buttons, or can be placed automatically by a Bid Concierge. The Bid Concierge assists bidders in being able to bid on an auction even if they are not online at that time. The Bid Concierge automatically submits bids according to the specifications set in advance by the user. The user can read about how the Bid Concierge operates in the "Help" section. The user is prohibited from using bidding software not authorized by Lucky Chic, and doing so will result in immediate disqualification from use.
With each bid placed the price of the item on which the user is bidding increases by the amount specified. A bid submitted by the user constitutes willingness of a user to enter into a binding contract with Lucky Chic and in the event of a successful finishing of an auction, the claim to receive a purchase offer for the item of the auction under the conditions set out in the related auction. Lucky Chic reserves the right to cancel auctions, schedule and re-schedule auctions at its sole discretion. A contract to purchase the item does not come into effect until the auction is finished and the last bidder has followed all the steps as set forth in section number 6.
Each new bid resets the "remaining time" for an auction up to, but not above, the displayed countdown reset value (usually, from 10 to 20 seconds). The one exception to this rule is when two Bid Concierges bid against one another. For more information, please consult the ‘Help' section. The auction ends when the remaining time reaches zero. The user who was the last to bid then wins the auction. All other bids placed on the item expire and will not be credited back to the user's account or be eligible for a refund. The last bidder is determined based on the records in Lucky Chic's database and Lucky Chic's decision regarding who is the last bidder shall be final (save in the case of manifest error).
Refunds will not be issued for Bids placed in an auction and shipping costs.
After an auction has ended, the last bidder ("winner") must go to "My Home". Here, information such as total price (including shipping costs) and payment options will be displayed. The user must actively confirm and pay the total price (end price plus shipping costs) for the win by following the steps indicated on that page or elsewhere on the website. Once the winner has clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within fourteen days of the auction end date, Lucky Chic reserves the right to withdraw the offer to conclude a contract and the winner's right to pay for and receive delivery of an item will be permanently revoked. All bids placed in that auction expire and are non-refundable. The user must pay the total price when confirming the win. After confirming the win and paying the amount due, the winner will receive a confirmation e-mail.
The item will not be sent to the user until the total price has been paid to Lucky Chic. A similar requirement for delivery is that all bids purchased and used by the user have been properly paid for. Should bids that have already been purchased and used not have been paid for, payments received shall be viewed as payment toward the bids not yet paid for, and we reserve the right to retain the item purchased at auction until all bids and the total price have been paid for in full. Lucky Chic reserves the right to charge the winner reasonable storage charges for items not paid for.
An invoice containing the auction price and shipping costs will be sent to the user by Lucky Chic once delivery has been arranged.
Lucky Chic grants winners the right to cancel an order. This right begins from the moment the contract is concluded. If a user cancels a contract to which the cancellation provisions apply they are entitled to a refund of the auction end price they have paid in relation to the contract even if the goods are not defective in any way. Bids placed on the auction are not eligible for a refund. These cancellation rights end fourteen days after the day on which a winner received the goods or a notification that the goods are ready for collection. An exception to the right to cancel is audio or video recordings or computer software that the customer has unsealed. These items are not eligible for return or refund.
If a user wishes to cancel the contract, they must inform Lucky Chic in writing (by letter or email), that they want to cancel within the time period noted above. Cancellations by phone will not be accepted.
The following contact details must be used:
Lucky Chic / Clarios Corp.In order to complete a valid return, a user must return the received product or products in good condition, such as might be expected from typical testing in a retail store. Costs of postage for returns will be paid by the user. Opened items can be returned for a refund within 14 days of the shipment date, if the item is in a new condition. A restocking fee of 15% will be deducted from the purchase price for opened items that were not received in a faulty condition. In order to be eligible for a refund, the item will need to be accompanied by the original invoice (included with shipment) and a Return Merchandise Authorization ("RMA") number. The RMA number can be obtained by contacting support@LuckyChic.com. If an item is deemed to be damaged through use or neglect by the user, it will be considered a damaged item and cannot be returned.
Should Lucky Chic incur additional costs for insufficient postage on the return or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, these costs will be deducted from any payment whatsoever remitted by the customer. Sets/boxes can only be returned in their entirety.
Unless otherwise stated, delivery will be made directly from our warehouse or our suppliers to the address provided by the user. We deliver to the United States as well as internationally. Some restrictions or higher shipping costs may apply if the delivery address is outside of the contiguous 48 states - this will be clearly noted on the auction details screen. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Lucky Chic shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to Lucky Chic upon taking delivery.
Should Lucky Chic not be able to deliver the item ordered, Lucky Chic shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund of the auction end price to the user based upon the user's preference.
The user shall only have the right to offset if his or her counterclaims are not disputed by Lucky Chic.
The user is not entitled by reason of any alleged minor defect to withhold more than a proportionate amount of the sum due.
The item delivered shall remain Lucky Chic's property until payment is received in full of the total price, including for the bids used in the auction. Until such time as payment has been made in full the user undertakes to store the item separately from their other possessions and to insure it.
USER EXPRESSLY AGREES THAT USE OF LUCKY CHIC IS AT USER'S SOLE RISK. NEITHER LUCKY CHIC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT LUCKY CHIC WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF LUCKY CHIC, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH LUCKY CHIC.
LUCKY CHIC IS PROVIDED ON AN "AS IS" BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUCKY CHIC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, LUCKY CHIC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT LUCKY CHIC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL LUCKY CHIC, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A LUCKY CHIC AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE LUCKY CHIC. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON LUCKY CHIC.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, LUCKY CHIC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED LUCKY CHIC, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, LUCKY CHIC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
All new products are sold with the manufacturer's limited warranty only. Lucky Chic warrants solely that the products sold to user under these terms shall have the characteristics specified in Lucky Chic's specifications for such Products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to Lucky Chic. Warranty is excluded for the delivery of any used Products.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE LUCKY CHIC MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY LUCKY CHIC OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
LUCKY CHIC SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY LUCKY CHIC. IN NO EVENT SHALL LUCKY CHIC BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and 10 minutes will be added to the remaining times for the auctions. Temporarily halted auctions are clearly indicated. Bids placed on a temporarily halted auction shall not be credited back on a user's account and are not eligible for a refund for bids used or other costs incurred.
With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as "technical faults"). Lucky Chic, therefore, provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition, but not subject to, the provisions of section number 10, Lucky Chic shall not be liable for any damage whatsoever incurred by auction users or third parties from using Lucky Chic's services. In particular, Lucky Chic shall not be liable for damage that occurs due to bids submitted by auction users not being received by Lucky Chic or not being received promptly or not being considered, as a consequence of technical faults.
Lucky Chic's logos are trademarks and/or registered trademarks of Clarios Corp. and any of its subsidiaries. All rights reserved. All other trademarks appearing on Lucky Chic are the property of their respective owners.
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
This Terms of Use Agreement and your use of the website shall be governed by the laws of the United States of America and the State of New York without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York.
The UN Convention on the International Sale of Goods shall not apply.
The protection of your data is very important to us.
For more information on the collection, processing, and use of personal data, please read our Privacy Policy.
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the Lucky Chic website. We cannot take any responsibility for the content of the data protection and privacy guidelines of third-party websites.
The Lucky Chic website is protected by the copyright laws of the United States. We voluntarily observe and comply with the United States' Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our designated copyright agent with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
You may send your notice of claimed infringement to:
Attn: Copyright Agent / Lucky Chic / Clarios Corp.Upon receipt of you notice, we will comply with all the relevant takedown procedures outlined in the United State Copyright Act and, specifically, with the terms of 17 U.S.C. §512 of the Digital Millennium Copyright Act.
Any special promotions run by Lucky Chic shall only be valid if they are announced on Lucky Chic's website or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, and details of any such timings will be announced on the website or in a newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished. Any bidding advice or other written materials (for instance, ‘Help' articles) posted on Lucky Chic are provided solely as suggestions and are not intended to be relied upon. Lucky Chic is not liable or responsible for any actions taken due to a user or other person having read or been told about such advice or other written materials.
The contract between Lucky Chic and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms and Conditions or any of their rights or obligations without Lucky Chic's prior written consent.
Lucky Chic has the right to revise and amend these General Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting Lucky Chic's business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Lucky Chic's system capabilities. All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the Lucky Chic website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or Lucky Chic notifies its users of the changes to such policies or General Terms and Conditions before Lucky Chic sends information relating to dispatch (in which case Lucky Chic has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary with 7 working days by the user of the items).
Lucky Chic is the owner or licensee of all intellectual property rights on the Lucky Chic website and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. Users may print one copy and may download extracts of pages for personal reference only. Users may not modify any paper or digital copies of any materials printed or downloaded. Users must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Users must not use any part of the materials on the Lucky Chic website for commercial purposes.
This Agreement and any operating rules for Lucky Chic established by Lucky Chic constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Please note: Bidding at Lucky Chic is not a guarantee that you will win. We advise all users to monitor their bidding practices. Placing bids online at Lucky Chic frequently or repeatedly can incur high costs. Users should therefore pay attention to their bidding practices and check their charges regularly.