Ownership of Content -- Copyrights, Trademarks and Restrictions on Use
This site and all of the content made available on it, including all merchandise, designs, illustrations, photographs, graphics, articles, text, video and audio, all other copyrightable material, all trademarks, trade names, service marks, logos and domain names, and all other forms of intellectual property (“Content”), are owned by Lost City Products, Inc. or third parties, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and international treaties. Lost City Products, Inc. grants to you a non-exclusive, limited purpose license to access and view this site, and to print selected pages that appear on this site for your own personal reference and non-commercial use, but not to otherwise use the Content in any manner not expressly authorized in these Terms and Conditions. Nothing contained in these Terms and Conditions may be interpreted to grant to you any other license or right to access or use any of the Content without the prior written consent of Lost City Products, Inc. or any third party owner of the Content. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING, OR ANY OTHER MISUSE, OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. As a user of this site, you agree not to use the Content for any unlawful purpose, and not to violate Lost City Products, Inc.'s rights, or any third party owner’s rights, in and to the Content.
LostCity® and Lost City Products® are registered trademarks of Lost City Products, Inc.
Establishment and Use of Your Account
Once you have completed the registration process and established an account with us, you will be responsible for maintaining the confidentiality of your account and your account password, as well as for restricting access to your computer. You agree to accept responsibility for all activity conducted through your account and with your password.
Your Representations and Warranties
By using this site, establishing your account and placing orders for merchandise featured on this site, you are representing and warranting that you are over 18 years of age, that all information that you provide to us is true, accurate and complete, and that you have the authority to provide that information and to place those orders.
Restriction of Use or Termination of Your Account
We reserve the right to restrict use of your account, to suspend or terminate your account, to refuse you service and/or to cancel orders that you submit in our sole discretion.
Shipping Policies and Procedures
Taxes and Duties or Customs Charges
Lost City Products, Inc. will collect sales tax on all purchases of merchandise if applicable. Users are responsible for all sales taxes and other taxes, if any, applicable to merchandise shipped to locations outside New York State. The rate of sales tax applicable to all merchandise shipped to locations within New York State will be the rate applicable in New York, New York at the time of purchase. You and/or the recipient will be solely responsible for any duties or customs charges imposed on all purchases of merchandise shipped to locations outside the United States.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOU ARE USING THIS SITE AT YOUR OWN RISK, AND THAT THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. LOST CITY PRODUCTS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT, MERCHANDISE OR SERVICES FEATURED ON THIS SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, LOST CITY PRODUCTS, INC. DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS SITE, THE CONTENT, MERCHANDISE OR SERVICES FEATURED, OFFERED AND/OR SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOST CITY PRODUCTS, INC. DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT, FEATURED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE, INDICATION OF AVAILABILITY, OR OTHER INFORMATION FEATURED ON THIS SITE.
LOST CITY PRODUCTS, INC. DOES NOT WARRANT THAT THIS SITE, THE SERVERS ON WHICH IT RESIDES OR E-MAIL SENT FROM THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LOST CITY PRODUCTS, INC. WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE STATE LAWS.
Links to Other Sites
We may provide links on this site to sites operated by other parties for your convenience. Because we have no control over these sites, we cannot take responsibility for their operation or for the content or merchandise featured on or made available through them. You should carefully review the terms and conditions of use and privacy policies associated with these sites before making any use of them, particularly because these sites may make use of your personally identifiable information in ways inconsistent with these Terms and Conditions.
You agree to indemnify and hold harmless Lost City Products, Inc., and its directors, officers, employees, contractors and suppliers (“Indemnified Parties”), from and against any and all claims, demands, actions, proceedings and damages, including without limitation reasonable attorneys’ fees and costs, that may be incurred by any of the Indemnified Parties and that arises from or relates to your use of this site.
Governing Law and Disputes
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of laws. Any dispute arising between us shall be brought before any court located within the State, City and County of New York having jurisdiction over such a dispute. By using this site you irrevocably submit to the jurisdiction of the above-mentioned New York courts for purposes of resolving any such dispute, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction.
Information Collection and Use
Cookies are small bits of data cached in a user’s browser. Lostcityproducts.com utilizes cookies to determine whether or not you have visited the home page in the past. However, no other user information is gathered.
Use of Log Files
We may use IP addresses to analyze trends, administer this site, track movement and to gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Although we offer for sale on this site merchandise that may be suitable for use by children, this site does not otherwise cater to children in any way. These Terms and Conditions do not permit the use of this site by, or the sale of merchandise or services to, persons under 18 years of age, nor do these Terms and Conditions contemplate the collection of information from, or relating to, persons under 18 years of age.
We have incorporated into this site certain features designed to safeguard information that we obtain from you. For example, when you are asked to enter certain sensitive information (such as a credit card number), that information is protected with encryption software.
We send to all new registrants an e-mail to verify password and username information. Once you have established an account with us, you will occasionally receive information relating to our new merchandise and service offerings, activities at our stores, and other information that may be of interest to you.
Corrections and Updates
If you wish to modify or update any information Lost City Products, Inc. has received, please contact firstname.lastname@example.org
Changes to Site and Terms and Conditions
We reserve the right to change or modify all or any portion of this site, including any and all Content, merchandise or services featured on this site, at any time in our sole discretion. Sales prices for merchandise and services are subject to change without notice, and if merchandise or services are listed at an incorrect sales price, we reserve the right to refuse, cancel or limit any orders placed for such merchandise or services at the incorrect price.
We also reserve the right to change or modify all or any portion of these Terms and Conditions at any time in our sole discretion. At times such changes may be necessary to address the addition or discontinuance of merchandise or services offered on this site, technological changes made to this site, changes made to our business procedures or practices, or other factors. More importantly, we will not be obligated to notify you of these changes as and when they are made. Accordingly, it is important that you review these Terms and Conditions regularly. If you disagree with any change that we may make to these Terms and Conditions, your sole recourse is to discontinue your use of this site.
Delivery and Handling Charges
Shipping costs will be calculated based upon standard FEDEX ground service rates. Rates are calculated based on weight, dimensions, and final destination of the package. To ensure a wrinkle-free delivery, our upholstery fabrics are shipped on bolts. Due to the size of the bolts, FEDEX charges an additional $10.00 handling fee plus a $4 packing fee for each shipment. Your final shipping cost will reflect these charges.
We work hard at Lost City Products to ensure that you receive stellar products. If for any reason you receive an item with a defect or is otherwise misrepresented on the site we will replace that item with an exact replacement or store credit towards a future purchase.
Please contact us at email@example.com for return instructions, and we apologize that we cannot refund shipping costs. This refund policy does not apply to cut fabric, special/custom orders, goods which have been worn or used, damaged after delivery, or if any attempt has been made to alter the product or if they have been mishandled. All products must be returned in their original condition. Please do not hesitate to contact us at firstname.lastname@example.org; with any questions you may have, as we would love to hear from you. Please note all our products are handcrafted and minor irregularities, if any, are an inherent part of the product and should in no manner be considered a defect. No guarantee against dye lot variation, fading, wear, shrinkage. We are not responsible for any processes applied to our products once they have been shipped.
FORMS OF PAYMENT
We accept Visa, Mastercard, American Express.