Terms & Conditions
Last updated: 14/09/2021
These terms and conditions (“Terms”) contain the terms governing your use of the websites owned by Limonada´s Group, which include Limonada ("we," "us," or "our") including https://limonadashop.com/
If these Terms change, we will post the updated Terms on our website. You can tell if these Terms have changed by checking the “updated” date that appears above. If you do not agree to the new Terms, you should stop using the websites. Otherwise, the new Terms will apply. Each time you make a purchase on the Site or via any mobile application we offer, you will be required to agree to then existing version of these Terms to proceed with your purchase. The Terms operative at the time of any purchase will apply to that purchase.
If you have any questions about these Terms, please contact us here.
Notice regarding dispute resolution: These terms contain provisions that govern how claims you and Limonada have against each other are resolved (see "arbitration agreement and waiver of certain rights - legal disputes" section below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to summit claims you have against us to binding arbitration.
Limonada owns the Site. Limonada owns or has rights to all the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Site (the “Content”), and all HTML, CGI and other code and scripts in any format used to implement the Site (the “Code”). The Content and Code of the Site are protected by copyright. Except as set forth in these Terms, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of Limonada. You may not use the Content or Code from the Site for any purpose other than those set forth above. Limonada owns or has the right to use all names, logos and trademarks which appear on the Site. You may not use any of these for any purpose without the prior express written permission of Limonada. Your failure to comply with in these Terms will constitute breach of contract and will violate Limonada or a third party’s copyright, trademark, and other proprietary and industrial property rights.
PRODUCT AVAILABILITY AND DESCRIPTIONS
All orders placed through the Site are subject to our acceptance. We cannot guarantee that all items listed as "in stock" will ship right away, as inventory changes significantly from day-to-day. We do try to keep our inventory levels up to date, however, sometimes an error may occur and ordered product could be out of stock. In such cases, we notify you via email/phone call, cancel your order and refund fully. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
While we try to provide accurate pricing information, we cannot insure against pricing errors or changes. Therefore, we reserve the right, in our sole discretion, to cancel or not process any order placed on the Site if the price was incorrectly provided because of an error. In such instances, we will notify you by email and correct the price on the Site.
We attempt to provide accurate descriptions of the products and services available on our Site. However, we do not warrant that the descriptions are accurate, complete, reliable, current, or error-free.
SHIPPING AND RETURNS
It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments. Title and risk of loss pass to you upon delivery.
For information on return policies, review our Returns & Exchanges, which may change from time to time.
The Site is available only for your personal, non-commercial use, which shall be limited to viewing the Site, providing information to the Site, ordering products, and downloading product information for your personal review. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright, or other proprietary or industrial right of Limonada.
USER CONTENT AND REVIEWS
Your comments, suggestions and information are important to us. Certain features of the Site allow you to post or submit comments, reviews, endorsements, testimonials, pictures, videos and other content ("User Content"). User Content does not include your account registration data; providing User Content is voluntary.
As between Limonada and you, you retain ownership over your User Content. By providing User Content, you grant (and promise that you have the right to grant) to Limonada a perpetual, irrevocable, worldwide, royalty-free, transferable, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, commercialize, and sublicense your User Content, in any media for any legal purpose, without any additional consideration due to you.
To the extent that your User Content includes names, biographical information, or other identifying features ("Likeness") of you or your family members (including children), you hereby consent to Limonada publishing and using your Likeness: (i) in the context of your User Content and (ii) for any other lawful purpose, including marketing Limonada´s products and services.
By submitting User Content to Limonada, you promise that:
- you are the sole author and owner of the intellectual property rights to the User Content;
- you are waiving all "moral rights" that you may have in User Content;
- all User Content is accurate; and
- you are at least 18 years old.
You further promise that you will not submit any User Content:
- that violates the Site Restrictions described above;
- that is false, inaccurate or misleading;
- that contains confidential information;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites or personal information.
USER AND ACCOUNTS
While you may purchase products from our Site without creating an account, certain features (such as our registry) require you to create an account. You promise to provide current and accurate information when registering for an account. You are responsible for any actions that take place while using your account. Keep your username and password secure and do not allow anyone else to use your username or password to access the Site. We are not responsible for any loss that results from the unauthorized use of your username or password, with or without your knowledge.
RESPONSIBLE USE OF THE SITE
You may use the Site for lawful purposes and in accordance with these Terms. No other use is permitted. Without limiting the foregoing, you may not use the Site: (a) for any purpose that is unlawful or prohibited by these Terms; (b) to cause harm or damage to any person or entity; (c) to interfere with the proper operation of the Site; or (d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Limonada in its sole discretion). To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Limonada and its parents, affiliates, officers, directors, employees, franchisees, agents, licensors, business associates, and suppliers from and against any actual or threatened claims, actions or demands, liabilities and settlements (including, without limitation, reasonable legal and accounting fees) resulting (or alleged to result) from your use of the site in any manner that violates or is alleged to violate applicable law or these terms.
Limonada respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, then please contact us here and provide the following information:
- A description of the copyrighted work that you believe has been infringed;
- A description of what the allegedly infringing work is;
- A description of the location where the allegedly infringing work is located on the Website;
- An address and telephone number where you can be contacted, including an email address if possible;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
- A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
PROVISION OR SUSPENSION / WITHDRAWAL OF THE SITE
You understand and agree that: (a) the Site may change from time to time without notice to you and that any new feature that augments, enhances, or modifies the current Site is subject to these Terms ; (b) we may decline to provide access to the Site or stop (permanently or temporarily) providing the Site (or any feature, program or content within the Site) to you or other users at our sole discretion, without notice or liability to you; and (c) if we disable access to your account, you may be prevented from accessing the Site, your account details, or any files or other content which are contained in your account.
If you use a mobile device to access the Site, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site or any related services; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be always available in all areas and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional provisions may apply to your use of our mobile applications based on the type of mobile device that you use. By accessing or using any services via a mobile device, you agree to these Terms, and to any applicable terms of a mobile app you may use.
Limonada publishes information on the Site as a convenience to its visitors. Limonada´s product information is provided for informational purposes only. While Limonada attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Limonada´s products described in the Site may not be available in your region. Limonada does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in the Site will be available for purchase in all jurisdictions.
Visitors assume all responsibility and risk with respect to their use of the Site. To the fullest extent permitted by applicable law, Limonada disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including but not limited to all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. Limonada does not warrant that the Site is free of computer viruses, bugs or other harmful components. Limonada does not warrant that the functions contained in the material will be interrupted or error-free or that errors will be detected or corrected. Limonada does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. Limonada does not have any duty to update the Site or modify its Content or Code, and Limonada shall not be liable for its failure to update such information. It is your responsibility to verify any information contained in the Site before relying upon it. In no events shall Limonada be liable for any direct, special, indirect or consequential damages, or any other damages of whatever kind resulting from whatever cause, including but not limited to loss of use, loss of profits, loss of data or any other type of damage, tangible or intangible in nature, whether in an action under theories of contract, tort or otherwise, arising out of or in any way relating to the use or performance of the information on, or accessed through, the site.
Limonada reserves the right to withdraw access to the Site and revise the services and products described in the Site at any time without notice.
ENTIRE AGREEMENT / WAIVER
These Terms constitute the entire agreement between you and Limonada with respect to the use of this Site. The failure of Limonada to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
TEXT MARKETING & NOTIFICATIONS
By subscribing to text marketing notifications you agree to receive recurring automated marketing messages and shopping cart reminder messages at the phone number provided.
We determine cart abandoned by using a cookie and check whether the existing user has already opted in for text marketing.
Consent is not a condition of purchases. Reply STOP to unsubscribe. HELP for help. Msg & Data rates may apply.
If you do not wish to be part of our service you can unsubscribe at any time by testing STOP, CANCEL, QUIT, END, or UNSUBSCRIBE to any mobile message received from us. You may get another text message confirming your unsubscribing from our service. You also agree that by sending an email, calling in, or sending any other means of opt out unsubscribe request or using words different than the ones presented above will not be reasonable means to unsubscribe you.
When you opt in for our service you may expect to get occasional texts concerning latest Text Alerts, Surveys, Welcome messages, Customer win-backs, Text Campaigns, Giveaways, Flash Sales, Upsells.
If your device does not support MMS we will deliver a SMS instead and strip the image. The opt out will also be delivered as a standard text message (SMS).
Carriers (AT&T, T-mobile, Verizon, T-Mobile, Sprint, Rogers, MetroPCS, etc) are not responsible or liable for undelivered or delayed messages.
ARBITRATION AGREEMENT- LEGAL DISPUTES
Initial Dispute Resolution. We are available by email to address any concerns you may have regarding the Rewarding Moments program. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. Please see “How do I contact you?” below for more information on how to reach out to us.
Binding Arbitration Agreement. You and we agree that, except as set forth below, we will resolve any disputes between us (including any disputes between you and a third-party agent ours) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies or as specifically permitted by state law.
The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with us.
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms or relied. Other rights that you or we would have in court also may not be available in arbitration.
HOW DO I CONTACT YOU?