Terms and Conditions - Lava® Lamp

TERMS AND CONDITIONS

Please read these terms and conditions before using this Website.

Lifespan Brands LLC (“Lifespan Brands”) makes information, products, and services available on this Website, subject to the following terms and conditions. By accessing this Website, you agree to these terms and conditions. Lifespan Brands reserves the right to change these terms and conditions, and the products, services, prices, and programs mentioned in this Website at any time, at its sole discretion, without notice. Lifespan Brands reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.

The following provisions apply in connection with your use of this Website, the Lifespan Brands software and certain copyrighted materials, such as images, box shots, screen shots, and text; and for the use of certain trademarked materials. These materials are owned by Lifespan Brands and provided under license. To use such materials, you must first agree to the Legal Terms & Conditions below.

1. Trademarks

Trademarks must be guarded in order to be kept. A word, a phrase, a design, a configuration; anything which distinguishes that particular product from any other one in the market and puts ownership to it, can be trademarked.

Lifespan Brands LLC (“Lifespan Brands”) is the proud owner of many registered trademarks, some of which are LAVA, LAVA LITE, LAVA BRAND, THE WAVE, THE SHAPE OF COOL, and the configuration of the Lava lamp, its base and globe. If someone uses one of our trademarks without our permission, then it is called infringement. Below are some of the guidelines that have been created to avoid mass confusion. Please help us to protect the LAVA brand we love.

The trademarks LAVA, LAVA LITE and the iconic shape of the LAVA lamps are used to designate genuine motion lamps coming from Lifespan Brands. Imitations or “knock offs” often use our trademarks to try and pass off inferior products that are not authorized by Lifespan Brands. If you become aware of others using our trademarks on products or on that person’s web site, we request that you contact us at: infomaster@lavalite.com.

2. Copyright

We have spent a lot of time developing this web site and we know that the temptation to copy or download off of our site may arise. All the information, material, images and text contained in this Website is protected under the copyright laws of the United States and other countries. Any unauthorized reproduction, derivative work, distribution, in whole or in part and by any means, electronic or otherwise, of such material is strictly prohibited and may subject the offender to civil liability and severe criminal penalties (Title 17, United States Code, Sections 501 and 506).

If you have any further questions, then please email us at infomaster@lavalite.com.

3. Privacy Statement

We have no desire to sell your information or to sell any lists. What you tell us stays right here in our own database. No third party will ever get their paws on our guest list. The information which you provide is collected to improve our website and to ensure your enjoyment. If you do not want to be contacted about “what’s new” in the land of Lifespan Brands, then just indicate it at infomaster@lavalite.com.

To read our full privacy policy,

click here

4. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND LIFESPAN BRANDS, ALL INFORMATION AND SOFTWARE ON THIS WEBSITE (“WEBSITE CONTENT”) ARE PROVIDED “AS IS” AND THAT USE OF ANY WEBSITE CONTENT IS AT YOUR SOLE AND ENTIRE RISK. YOU ASSUME ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE WEBSITE CONTENT AND AGREE NOT TO USE THE WEBSITE CONTENT IN ANY SITUATION WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY, OR BUSINESS COULD OCCUR.

5. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LIFESPAN BRANDS, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF, IN CONNECTION WITH THE PERFORMANCE OF, OR RELATING TO THE WEBSITE CONTENT OR YOUR USE, YOUR RELIANCE ON THE WEBSITE CONTENT, MODIFICATION, PRODUCTION, DELIVERY, MISUSE OR INABILITY TO USE THE WEBSITE CONTENT OR RELATED DOCUMENTATION, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY OR DUTY, TORT (INCLUDING NEGLIGENCE OF ANY PERSON (GROSS, SOLE, CONCURRENT, ACTIVE, OR PASSIVE)), PRE-EXISTING CONDITION, PRODUCTS LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, OR ANY OTHER CAUSE, OR OTHERWISE, EVEN IF LIFESPAN BRANDS OR LIFESPAN BRANDS’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

6. Merchandise Pricing

All prices displayed on this site are quoted in U.S. Dollars and are valid and effective only in the United States and are subject to change without notice.

7. Merchandise Availability

All items are subject to availability and prior purchase.

8. General Provisions

These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Cook County in the State of Illinois and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and the Company 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 you or the Company 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.

9. Purchase And Return Policy

Thank you for shopping at Lifespan Brands. The following information is provided to you so that you may understand the terms and conditions of our online purchase and return policy.

10. Purchases

For all purchases, payment must be made at the time of purchase by using PayPal^® or PayPal^® approved payment options. By using a credit card for your purchase, you assert and represent that you are the authorized cardholder of the card, bound by the terms and conditions of the card issuer, with full authority to create a binding contract for the sale. The PayPal’s Secure Server uses SSL (secure socket layer) technology for the purpose of encrypting your credit card number, name and address. User assumes full responsibility for all information entered.

11. Exchanges and Returns

If you’re not satisfied with your purchase, Lifespan Brands will accept returns and exchanges in their original condition within 30 days from the date of purchase. You must include proof of purchase and postage is to be paid by the returning party. ALL Delivery charges are nonrefundable.

Sales Tax-Illinois residents will be charged sales tax based on ship to address. Customers purchasing products for delivery outside of Illinois are required to claim appropriate sales tax & use taxes in their jurisdiction.

12. Limited 90 Day Warranty

This unit is warranted by Lifespan Brands against defects in workmanship or materials for 90 days from the date of purchase. The duration of any express or implied warranties, including implied warranties of merchantability or fitness for a particular purpose, are limited to 90 days from the date of purchase. Lifespan Brands liability under this limited warranty and your sole remedy is limited to either (a) replacement of the defective product, or (b) at Lifespan Brands’ option, refund the purchase price. This warranty shall be void if the lamp has been subject to abuse (including but not limited to popping the top off of the globe), negligent handling, disregard of operating instructions, or attempted repair by anyone other than the manufacturer. Lifespan Brands shall in no event be responsible for incidental or consequential damage of any nature or amount. NOTE: Some states do not allow limitations on how long an implied warranty lasts or do not allow the exclusion or limitation of consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights and you (as a purchaser) may also have other rights which vary from state to state.

Individuals & Organizations Exempt from Paying Sales Tax

We currently do not offer tax-exempt purchases through our Internet site.

If you would like to make a tax-exempt purchase, please visit one of our retailer’s locations.

13. Shipping and Handling Information

Parcel Shipping and Handling

Most items will be shipped out of our facility in 3-5 business days of receipt of the order and will be delivered via parcel post or carrier of the Company’s choice to your home. The Company is not responsible for delays caused by the parcel post or carrier. We regret that we cannot ship to US PO boxes or foreign countries. Some locations may require additional surcharges (such as Alaska and Hawaii, customer service will contact you in these instances). Shipping and Handling rates are based on the total merchandise value per delivery address and may change without notice. The rates will appear once you have placed your order so you will know the rate in advance of ordering product.

14. Updates to this Policy

We may, from time to time, update this policy. Notice of material changes to our privacy practices will be posted at this site. We strongly encourage you to periodically review these terms and conditions in order to keep apprised of our current terms and conditions. Big ups to the people who read all the way through this!

Lava Insider™ Terms And Conditions

I. MEMBERSHIP

1. Free Membership.

No purchase is necessary to obtain membership in the Lava Insiders™ program.

2. Eligibility.

You must be age 18 years or older and a resident of the United States of America or Canada. By submitting an application for Lava Insiders™, you agree to be bound by these terms and conditions. To enroll in the Program, you must provide your first name, last name, mailing address and phone number. The Program is void where prohibited by law. Members are entitled to only one Member Account.

3 Opening an Account.

Visit www.lavalamp.com to join the club.

4. Online Account Maintenance.

Once you are a registered user of the Website, you may view a summary of your Account on the Website. After logging onto the Website, simply click on the “My Account” link in the header of the Website homepage and change any information on your account.

5. Member Cancellation.

You may cancel your Lava Insider™ membership at any time. Upon cancellation, any unused points accrued in your account will be forfeited and cannot be redeemed.

II. EARNING BLOBS

1. General.

Members can earn Lava Insider™ blobs on the purchase of qualifying products on www.lavalamp.com. You must be signed into this account to receive any credit.

2. Earning Rate.

Members earn one (1) blob for every one dollar ($1) spent when they purchase qualifying products if the Member is logged into the Website and has joined the Lava Insiders™ program. Points are rounded down. For example, if you spend $19.99, you will receive 19 points. Calculation is as follows: $19.99 x 1 point per dollar = 19.99 points, which is rounded down to 19 points.

3. Birthday Gift.

In addition to earning blobs on their qualifying product purchases online, all members receive a birthday gift each year. Members with a valid email and their birthday entered in their Account profile will receive a free gift during their birthday month. The birthday coupon is valid for 30 days from receipt. One coupon per member. Lifespan Brands reserves the right to change the birthday gift product at any time.

4. Gift Cards.

When a Member makes a qualifying purchase online using a gift card, the Member will earn points on the amount of the purchase. HOWEVER, members cannot use blobs towards the purchase of gift cards.

5. Timing of the Addition of Points to Accounts.

Lava Insider™ blobs earned on the online purchase of qualifying products will be credited within 72 hours after shipping. The timing for issuing points is subject to change.

6. Exclusions.

Lava Insiders™ may earn blobs only on the purchase price of: (i) qualifying products online if they are logged onto the Website and joined the Lava Insider™ program. Calculation of blobs excludes payment by the Member for shipping charges and all taxes, including without limitation, federal, state and local taxes or use taxes. Blobs will not be earned on any discounts or other credits offered in connection with a product. For example, if a product that is normally $100 is on sale for $75, a Member will only earn points on the purchase price of $75. Purchases of gift cards, redemption of merchandise vouchers and any type of price adjustments, including merchandise returns, are not eligible for points. All purchases made: (i) by Lava Insiders™ prior to such member joining the Program, or (ii) Online without a Member being logged onto the Website are not eligible for Program credit.

7. Returns.

Blobs earned for a purchase that is then the subject of a return, refund, returned check due to non-sufficient funds, or other credit will be deducted from the Member’s account in an amount equal to the blobs earned for the original transaction, including bonus points.

III. REDEEMING BLOBS

1. General.

Blobs earned by a Member may be redeemed for products or discounts off products at www.lavalamp.com, provided a Member is using a minimum of 100 points.

2. Points: Members can use their points based on the following scale:

Level	Blob Value
Classic	100	$6.00 off next purchase
Premier	250	$20.00 off next purchase
Royale	500	$50.00 off next purchase

3. Gift cards.

Blobs cannot be used towards the purchase of gift cards.

4. Redemption Online.

Members may redeem their blobs on any purchase made Online. To redeem blobs towards a purchase Online, a Member must be a registered user of the Website and must be a Lava Insiders™ member. Blobs may be redeemed on the purchase price of qualifying products only and cannot be used towards the payment of sales tax or shipping and handling charges or for the purchase of gift cards.

5. Exclusions.

Blobs accumulated on different Accounts of different Members may not be combined or aggregated to make purchases of products or for any other reason. Blobs earned in a transaction cannot be redeemed in the same transaction.

6. Blobs Expiration. Points will expire one year from when they were earned.

IV. PRIVACY POLICY

Our privacy policy can be found at https://lavalamp.com/privacy/.

V. GENERAL

By joining the Lava Insiders™ Program, you agree to be bound by the terms and conditions set forth in these Program rules. Lifespan Brands reserves the right to cancel, modify, or restrict Lava Insiders™ or any aspect of the Program, including, without limitation, the point conversion ratio and the point expiration policy at any time. Any changes can be made without advance notice. Lifespan Brands may make these changes even though such changes may affect the Member’s ability to use points already accumulated. You are responsible for remaining knowledgeable about the Program Terms and Conditions. A Member’s blobs balance, as reflected in Lava Insiders™ records, shall be deemed correct. Lifespan Brands reserves the right to determine the amount of points in any Member’s account based on Lifespan Brands’s internal records related to such Member’s account. In the event of an inconsistency between the amounts accrued in a Member’s account vs. Lifespan Brands internal records, Lifespan Brands internal records will control. Lifespan Brands assumes no responsibility for errors caused by incorrect Member information. Your right to transfer blobs earned or granted under the Program is strictly limited. The sale of blobs is prohibited and may result in the confiscation or cancellation of your blobs as well as suspension or termination of your membership, which in each case shall be final and conclusive. Lifespan Brands may revoke any Member’s membership in Lava Insiders™ at any time if such Member engages in abuse of the Program or fails to follow the terms and conditions of the Program. Fraud or abuse relating to the accrual of blobs or redemption of rewards may result in revocation of membership in the Program. Lava Insiders™ blobs are nontransferable and cannot be redeemed for cash. The interpretation and application of the Program’s Terms and Conditions are at the sole discretion and determination of Lifespan Brands.