Terms and Conditions
Terms and Conditions are our set of rules and guidelines that any person must agree to in order to use our London Psycho Apparel website or future mobile app. Our terms act as a legal contract between us (the company) who has the website or mobile app and you, the customer or user who accesses your website and mobile app. If you do not agree to our terms and conditions you should leave our website or app and not purchase our products.
The following terms and conditions constitute a legally binding contract (this “Agreement”) between you (“you” or “your”) and London Psycho Apparel., a United Kingdom business that governs all use by you of the www.londonpsycho.com website (the “Site”) and the services available on or at the Site (taken together with the use of the Site, the “Services”) and associated marketing sites such as Facebook and Instagram. We’ll refer to London Psycho Apparel and all of its subsidiaries and affiliated companies collectively as “LPA”, “we”, “our”, “us”, etc. LPA is a design company that utilizes the services of a print-on-demand company for customers around the world. LPA uses a supplier that white-label prints and dropships our products (“Products”) directly to you and all our customers (“Customers”).
Our products are designed for personal use. As you use our Services only for your personal use, you are considered a “customer”.
THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS, EXCEPT AS OTHERWISE PROVIDED BY SECTION 18. IF YOUR COUNTRY OF RESIDENCE IS IN THE EUROPEAN ECONOMIC AREA THIS APPLIES TO ANY ACTION YOU MAY WANT TO BRING AGAINST LONDON PSYCHO APPAREL IN THE UNITED KINGDOM.
1. Access and Membership
In order to enjoy all of LPS benefits, you may register your account and become a member (“Member”). Membership requires that you register on the Site (including by truthfully filling out all required personal information). You may never use another user’s LPA account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify LPA immediately of any breach of security or unauthorized use of your account. Although LPA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of LPA and others due to such unauthorized use.
LPA may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature or content, but without affecting orders for European Economic Area Users which LPA has already confirmed. LPA may also impose limits on certain features and Services or restrict the User’s access to parts or all of the Services without notice or liability. If you are an individual (rather than an organization or entity), then you certify to LPA that you are at least 18 years of age, however, if you are an individual residing in Japan, you certify to LPS that you are at least 20 years of age. If you are using the Services on behalf of an organization or entity then you certify that you are legally authorized and permitted to bind such organization or entity to this Agreement and use the Services. Notwithstanding the aforementioned, you agree to take full responsibility for your selection and use of the Services and purchase of our products as advertised. This Agreement is void where prohibited by law, and the right to access or use the Services is revoked in such jurisdictions.
Without affecting orders for European Economic Area Users which LPA has already confirmed LPA reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Products and Services, at any time. All such modifications will become effective immediately after LPA posts them on the Site. You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement. Use of the Site and other Services by you after LPA posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and you must send LPA a written notification, including via email (and your LPA account will be deleted), to close your account within 30 days of notice.
3. Trademarks and Intellectual Property
You acknowledge all registered copyright, trademarks and designs of LPA as protected and agree that you shall not attempt to copy or duplicate any Product accessed or purchased via our website and services. By purchasing any item you agree that the designs and copyright protection remains with LPA.
4. Use of Products and Services
Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of LPA Products and Services. This includes any local, state, federal, and international laws that may apply to you or LPA. For example, it’s your responsibility to not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against anyone including LPA, another LPA user, or a third party. You also agree that you are not the target of trade, financial, and economic sanctions, and that you do not appear on a sanctions-related list, including lists maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the U.S. Department of Commerce, the European Union, or Her Majesty’s Treasury of the United Kingdom. You also agree that you will not export, reexport, or otherwise transfer LPA’s Products to countries or territories that are the target of comprehensive embargoes or sanctions (including Cuba, Iran, Syria, North Korea, and the Crimea region) or parties on the sanctions-related lists referenced above. You agree not to use the LPA Products and Services: (i) to impersonate or attempt to impersonate LPA, any other LPA Party (as defined below), or any other person or entity; or (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. The following are collectively referred to as the “LPA Parties”: (a) LPA, (b) LPA’s subsidiaries, affiliated companies, and joint ventures, and (c) the officers, directors, members, managers, equity holders, agents, and employees of LPA and its subsidiaries, affiliated companies, and joint ventures.
5. System Protection
Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our customers may use to purchase our Products. You agree not to use the Services: (i) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with this Agreement; or (ii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm any LPA Party or expose any of them to liability. You agree that LPA reserves the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at the sole discretion of LPA.
6. Brand Protection
Follow Brand Guidelines. The name “London Psycho Apparel, our iconography, phrases, logos, and designs that we use in connection with the Products or Services we provide are copyright, trademarks, service marks, or trade dress of LPA in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion. Except as expressly provided in this Agreement, LPA does not grant you any rights to use its trademarks, service marks, or trade dress for your own purposes. You may state in connection with the Services or Products provided by LPA that LPA provided such Services or Products. If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks: (i) in or as the whole or part of your own trademarks; (ii) in connection with activities, Products or Services which are not ours; (iii) in a manner which may be confusing, misleading or deceptive; or (iv) in a manner that disparages us or our information, Products or Services (including the Site). LPA reserves the right to request you to immediately remove any such misused iconography, phrases, logos, and designs at our sole discretion.
7. Shared Ideas
Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Products and Services. Any unsolicited ideas or other materials you submit to LPA via feedback or social media are considered non-confidential and non-proprietary to you. By submitting those ideas and materials to us, you grant us a non-exclusive, worldwide, royalty-free, non-revocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.
8. Digital Items
Digital Items. Digital items (like mock-ups, templates, images and other design assets) and texts created in connection with the LPA Products and/or Services we offer and their intellectual property rights belong exclusively to LPA. Digital items and any results may only be used in connection with the advertising, promoting, offering and sale of LPA’s Products and may not be used for other purposes or in conjunction with products from other manufacturers.
9. Communication Methods
Communication Methods. LPA will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods which describe how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment).
10. Limited Warranty on Products
Does not apply to Users residing in the European Economic Area.
- Limited Warranty. We warrant that, at the time of delivery of a Product to a Customer, the Product will not be materially defective or damaged (the “Limited Warranty”).
- Who May Use This Warranty? LPA extends the Limited Warranty only to Customers. All Limited Warranty coverage terminates if the Customer sells or otherwise transfers a Product.
- What Does This Warranty Not Cover? This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling , use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse.
Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.
- What Is The Period Of Coverage? This limited warranty starts on the date of the delivery of the Product to the Customer and lasts for thirty (30) days (the “Warranty Period”). For the avoidance of doubt, LPA acknowledges that according to some jurisdictions the User may be entitled to a longer Warranty Period.
- What Are Your Remedies Under This Warranty? With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by Customer along with the shipping fees corresponding to the defective or damaged Products.
- How Do You Obtain Warranty Service? Promptly following delivery of a Product, you will inspect the Product. If a Product is materially defective (including any error by our printers in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Returns Policy advertised elsewhere on the LPA site. The Customer should contact us regarding any defective or damaged LPA Product and with respect to any delivery of the wrong Product.
- LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED IN THIS SECTION 6 ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. EC Rights
If you are a Customer residing in the European Economic Area, the legal guarantees established by Directive 1999/44/EC on consumer sales and guarantees below apply to the sale of our products. Consequently, you have the right, free of charge, to get the products repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the products, or the contract cancelled. Delivery costs for returning the product to be repaired or replaced under this clause shall be borne by LPA and/or our manufacturers, as well as any costs related to the delivery to you of the repaired or replaced product.
12. Responsibility of Site Members and Visitors
Violation of this Agreement or any other rules will result in the termination of your LPA account.
LPA and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Products and Services. Without limiting the foregoing, LPA and its designees shall have the right to remove, block, and disable any Content. You agree that you must evaluate and to the extent permitted by law bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by LPA or submitted to LPA, including without limitation information in LPA collaborations, posts and in all other parts of the LPA Services.
Without limiting other remedies, we may limit, suspend or terminate our Products and Services and your account, prohibit access to our Site, delay, remove, block, or disable hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, causing possible legal liabilities, breaching this Agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing LPA with accurate and truthful information (including but not limited to your name and surname if you are a Customer). If you have provided LPA with inaccurate or false information, (a) you shall be liable to LPA for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information, (b) you shall reimburse such damages and losses (including but not limited to taxes) to LPA, and (c) LPA shall have the right to charge you for such damages and losses (including but not limited to taxes) and otherwise limit or suspend your access to the Products and Services.
13. Payments and Fees
You may choose to save your billing information to use it for all future orders and charges associated with LPA Products and/or Services. In such case, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers.
When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time (for example, when we have holiday sales, offer you a discount of base product prices, etc.). We may choose to temporarily change the fees for our Products and Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. You may then receive an email from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse LPA for damages resulting from such unauthorized use.
With regard to payment methods, you represent to LPA that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider.
If you make any return which does not comply with our return policies (which are described here), you will reimburse LPA for its losses, which consist of fulfillment costs and charge-back handling fees (up to £15 GBP per charge-back).
We may refuse to process a transaction for any reason or refuse to provide Products and Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
LPA at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events LPA may use or participate in.
Elsewhere on the LPA website you will find our Shipping Policy.
Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis.
The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case LPA will not make any refunds and will not resend the Product. For Users in the European Economic Area the risk of loss of, damage to and title for Products will pass to you when you or a third party indicated by you has acquired the physical possession of the Products.
If carrier tracking indicates that a Product was lost in transit, you may make a written claim for replacement of (or credit to the Member’s account for) the lost Product in compliance with LPA’s Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to LPA investigation and sole discretion.
15. Description of Products
While many component parts of our Products are standard, all Products available for purchase are described on their specific product page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Sometimes during the manufacturing process Products can be damaged. Obviously we won’t knowingly ship damaged items to you (our Customers).
In almost all circumstances your product is produced for you, the customer on demand. However if a Product you have ordered goes entirely out of stock, the Product might be substituted at LPA’s own discretion and without any express notification with the most appropriate Product alternative (e.g a different version of t-shirt – but not design) in the order to avoid fulfillment delays, unless we can’t find a comparable replacement, in which case the customer still need to wait for the original Product to be restocked. LPA will advise the customer if this situation ever occurs.
16. Purchase of Products
Your order is the purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order which we have not accepted do not form part of that contract. We may choose not to accept any orders in our sole discretion.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. LPA will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact LPA directly with the email address published on the site.
We deliver to most places in the world. We shall cover delivery costs. Delivery prices may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will only pass to you the Customer after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier.
To the fullest extent permitted by law you release us and all other LPA Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses incurred or suffered by any LPA Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by LPA (or for which LPA provides no guarantees) under this Agreement, or (b) for which LPA is otherwise indemnified or released by you under this Agreement.
To the fullest extent permitted by law you will defend, indemnify, and hold LPA and the other LPA Parties harmless from any claim or demand made by any third party (including, but not limited to, you the Customer), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the LPA Parties, relating to or arising out of (a) your breach of this Agreement, (b) your use (or misuse) of our Services, (c) your Content, (d) the infringement by our Content or your account of someone else’s intellectual property or other rights, (d) your violation of any law or the rights of a third party, or (e) any claims related to products or items sold by us through our Services, including claims for misrepresentations by us to our Customers and claims for physical injury or property damage by any of our products. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
20. Governing Law
This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of the United Kingdom, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located but if you are a customer/user living in the European Economic Area or Switzerland the laws of the United Kingdom will apply to any dispute arising out of or relating to this Agreement. Notwithstanding the aforementioned, nothing in this Agreement, including the aforementioned choice of law provision, affects your rights as an User living in the European Economic Area or Switzerland to rely on any mandatory provisions of the law of the country in which you are resident.
For Users in the European Union: Alternatively, you can contact the consumer center in your country or you can decide to access the platform for alternative extra-judicial resolution of disputes provided by the European Commission.
21. Arbitration and Jury Trial Waiver
“Disputes” means all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, excluding only claims under the Limited Warranty and claims brought by Users living in the European Economic Area or Switzerland against LPA in European Economic Area. All Disputes shall be finally settled by final and binding arbitration, using the English language, administered by the United Kingdom under its Commercial Arbitration Rules (“Commercial Rules”) in effect at that time. The Rules are deemed to be incorporated by reference into this Agreement. Unless LPA and you agree otherwise, any arbitration hearings will take place in the United Kingdom, except that, for customers, any arbitration hearings will take place in the county of your residence. Judgment on any arbitration award may be entered and enforced by any court that has jurisdiction to do so. Any arbitration will take place on an individual basis and neither the arbitrator nor UK national arbitration services are empowered to conduct a class arbitration, class action or to resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties consent. You and LPA acknowledge that the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution may be more appropriate in certain cases. You and LPA agree to abide by the decision of arbitration as to the applicable rules in cases where a party may assert that the Commercial Rules are not appropriate.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND LPA KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES (AS DEFINED ABOVE). THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU AND LPA WOULD PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED BY THIS SECTION 18. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND LPA KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES.
Notwithstanding the foregoing, you may instead assert your claim in any Dispute in “small claims” court if you provide us with written notice of your intention to do so before any claim is submitted to arbitration and provided that (a) your claim qualifies, (b) your claim remains in such court, and (c) your claim remains on an individual, non-representative, and non-class basis.
Also, notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
You and LPA shall each bear 50% of all fees and expenses of the UK arbitration and the arbitrator except as otherwise provided by the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution). The arbitrator may award such fees and expenses of the UK arbitration and the arbitrator as well as other expenses and reasonable attorneys’ fees to a prevailing party consistent with the provisions of the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution).
22. Privacy & GDPR
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.
LPA will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in LPA’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.
You represent that you have all necessary permits to grant us with you the Customer’s personal data to fulfill this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
LPA, at its own discretion reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third party manufacturing services to perform any Services. If you are a customer in the European Economic Area and such transfer or assignment may reduce your guarantees under this Agreement, then LPA will ask for you permission beforehand.
If you have any questions about this Agreement, please email us at email@example.com.