TERMS AND CONDITIONS
The terms and conditions shall apply to all contracts for the purchase of goods by you from us the seller to the exclusion of all other terms and conditions which you may purport to apply under any sales offer or purchase order. These terms and conditions supersede all previous agreements and understandings between the parties. Any amendment to the terms and conditions will only be effective if signed by a director of Luta Gear Inc.
Luta Gear Inc are committed to providing you with terms and conditions of sale which are easy to understand and which are fair to you. Your statutory rights are not affected by anything contained in these terms and conditions.
“We/us” means Luta Gear Inc, the seller of the goods.
“You” means the customer acting as a consumer.
“Courier” means any such fulfillment courier as we may choose to use.
“Delivery date” means the date specified by us, the seller, when the goods are to be delivered, however time is not of the essence of this contract.
“Goods” means the items which you agree to buy from us, the seller.
For all apparel, we offer Standard Shipping for all US delivery for $6.95.
For GRIPP TāP™ products excluding bundles, we offer Standard Shipping for all US delivery for $3.00.
Deliveries arrive between 9am and 5pm Monday to Friday. Expect to receive your order within 3-5 working days. Working days do not include weekends or public holidays.
A signature is not required for delivery as UPS may leave your parcel in a safe place. Please contact the Customer Experience team if you wish to opt out of the ‘leave safe option’.
For all apparel, we offer International Shipping to the following countries for $26.50
For GRIPP TāP™ products excluding bundles, we offer Standard Shipping for $15.00.
Albania, Algeria, American Samoa, Angola, Anguilla, Antigua and Barbuda, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, British Virgin Islands, Brunei, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Cayman Islands, Central African Republic, Chad, Chile, China, Colombia, Comoros, Democratic Republic of Congo, Cook Islands, Costa Rica, Cote D’Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Faroe Islands, Fiji, Finland, France, French Guyana, French Polynesia, Gabon, Gambia, Georgia, Germany, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guam, Guernsey, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Jersey, Kazakhstan, Kosovo, Kenya, Kiribati, Kuwait, Kyrgyzstan, Laos, Latvia, Libya, Liechtenstein, Lithuania, Luxembourg, Macau, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Martinique, Mauritania, Mauritius, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Namibia, Nepal, Netherlands, Netherlands Antilles, New Caledonia, New Zealand, Nicaragua, Niger, Nigeria, Norfolk Island, Northern Mariana Islands, Norway, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Puerto Rico, Qatar, Reunion, Romania, Russia, Rwanda, Samoa, San Marino, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Sri Lanka, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, Swaziland, Sweden, Switzerland, Taiwan, Timor-Leste, Tajikistan, Tanzania, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, U.S. Virgin Islands, Uganda, Ukraine, United Arab Emirates, Uruguay, Uzbekistan, Vanuatu, Vatican City, Venezuela, Vietnam, Wallis and Futuna Islands, Yemen, Zambia, Zimbabwe.
USPS carries all our deliveries and you’ll receive a tracking number once your order leaves our distribution center for use on the USPS website.
Deliveries arrive between 9am and 5pm Monday to Friday. Expect to receive your order within 5 working days. Working days do not include weekends or public holidays. Outlying areas may take longer.
If you are not available, we will leave you a card telling you how to rearrange your delivery or where you can pick up your items. We may also leave your order with an immediate neighbor, but we cannot leave it in a safe place for your own security.
Exclusions for International delivery:
- Store sourced Items will be delivered separately within 7 working days, including Amazon and Amazon Prime orders. You will be advised if an Item is coming from a store during the checkout process. Please allow an additional 2 working days for international delivery
- To protect our customers we regularly perform random security checks on online orders. If your order has been selected for review, you will be required to provide a bank authorization code and/or utility bill so we can verify your details. This security policy is in place for your protection.
2.1 SIGNING FOR YOUR ORDER
Please note that all orders are sealed at our Distribution Center and packages should under NO CIRCUMSTANCES be accepted for if the seals are broken or the packaging is damaged upon arrival, if this does occur please email our Customer Services team at Lutagear@gmail.com.
If for any reason you feel that there is a discrepancy with your order upon arrival, please contact our Customer Experience Team at Lutagear@gmail.com within 24 hours and ensure you retain all original packaging.
2.2 EUROPEAN DELIVERY
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine.
Exclusions for European delivery:
- Store sourced Items will be delivered separately within 7 working days, including Amazon and Amazon Prime orders. You will be advised if an Item is coming from a store during the checkout process. Please allow an additional 2 working days for international and European delivery
2.3 CANCELLING AN ORDER
You may cancel an order at any time up until the point of when the goods are being dispatched, after which you will need to return the to us, in order to receive a refund. Please refer to 4.0 Refunds and Exchanges for further details. To cancel an order please email our Customer Experience Team at email@example.com.
3.0 CUSTOMS & DUTY
DELIVERIES OUTSIDE NORTH AMERICA (Including Mexico, excluding Australia):
We operate on a Delivered Duty Unpaid basis. This means that any outstanding import duties, clearance fees, brokerage fees or any other additional charges are the responsibility of our customer and have to be paid on delivery of your order.
These charges are set by the customs authorities of the destination country and you may also need to provide additional information to clear your order. Please contact your local customs authority for more information.
DELIVERIES TO AUSTRALIA
From 1 July 2018, Australian Goods and Services Tax will be included in the product price for all transactions where you pay AUD $1,000 or less for your basket.
For deliveries to Australia over the value of AUD $1,000, we operate on a DDU (Delivered Duty Unpaid) basis. This means that:
- Product prices for such destinations are exclusive of all taxes and duties, including UK VAT;
- You will be responsible for payment of any customs clearance expenses, import duties, sales taxes, brokerage fees and any other similar charges or fees imposed by the customs authorities of the destination country. Payment of these will be necessary in order to release your Items from customs on arrival. Please note that we have no control over these charges and cannot predict their amount or offer a refund in the event that you are unable or unwilling to pay these charges;
- You are responsible for providing any information required by the customs authorities of the destination country to ensure the Goods are cleared. We recommend you contact the customs authorities of the destination country to determine a landed cost price for the Items prior to placing an order and what information will be required to obtain release of the Items from customs.
3.1 TAX POLICY
All tax charges are based on whether the delivery address is in California or not. All tax charges will be displayed on the checkout page and is not included within the product cost. If you return an item for a refund, you will also receive a refund for the taxes that were applied to that item. Where required, tax will also be applied to shipping and handling costs, please note you will not receive a refund for taxes against shipping costs once the order has been shipped.
If you are purchasing goods for a tax-exempt organisation or an individual that qualifies for exemption then please contact our Customer Services team prior to placing your order to ensure compliance is made with state and local tax laws.
4.0 REFUNDS, EXCHANGES AND RETURNS
(a) If you want to return an Item for a refund you can do so by returning the Item to our distribution centre
within 14 days of receipt. If you are a US customer you can use our free US returns service. For returns outside of the US, you are able to return your order, however the cost of is the customer’s responsibility.
(b) Where an Item which you wish to return is received or returned to us after this 14 day period but before 28 days from receipt by you of the Item, we will issue you with a gift card for the appropriate amount. Any Items received or returned to us after this 28 day period will not be refunded and will be returned to you.
(c) Our department store concessions and outlet stores are unable to accept returns of Items purchase online.
(d) We will refund you on the original method of payment. If you used a gift card to pay for the Goods we will refund you by way of a gift card. If you made the payment using part giftcard and part credit/debit card or paypal, the giftcard element will be refunded first.
(e) To exercise your cancellation rights, you must notify us within 7 working days from the day after you received your order. However, please note that orders already shipped must be received back at our Distribution Centre before a refund can be issued. Website Returns Address:
(f) Please see the returns section below and our Returns page for further details on how you can return an Item for a refund.
(a) If you want to exchange an Item for a different size or color you can do so by returning the Item:
(i) to our distribution center; or
(ii) to any stand alone Luta Gear store that trades in the same currency
within 28 days of receipt. Any items received after this 28 day period will not be accepted for an exchange. If you are a US customer you can use our free US returns service. For returns outside of the US, you are able to return your order, however the cost of is the customer’s responsibility.
(b) If a different Item item is required for the exchange a separate order will have to be made.
(c) Online orders exchanged in store will then fall under the store return policy.
(d) Our department store concessions and outlet stores are unable to exchange Items purchase online.
(e) Please see the returns section below and our Returns page for further details on how you can return an Item for an exchange.
(a) Luta Gear cannot accept responsibility for Goods not received and a proof of signature is required to confirm receipt. We recommend you keep your tracking number until your refund or exchange has been processed.
(b) Please note that unless you are a US customer using our free US returns service, all return postage costs are your responsibility.
Your delivery costs will be refunded in the following circumstances:
- If you cancel your order before dispatch.
- If you return a faulty item.
- If we cancel your order due to stock availability or because the product is faulty on dispatch.
- To exercise your cancellation rights, you must notify us within 7 working days from the day after you received your order. However, please note that orders already shipped must be received back at our Distribution Centre before a refund can be issued.
- US Orders: Your delivery costs will not be refunded if you cancel your order post dispatch and use our free US returns service as the free returns service is provided in place of reimbursement of the original delivery charges.
- International Orders: Your delivery costs will be refunded if you cancel post dispatch as we do not offer a free returns service for international orders.
4.4 HANDLING AND CONDITIONS OF RETURNED GOODS
(a) Please take reasonable care when opening original packaging and, where possible, ensure it is returned along with the Goods.
(b) All Goods should be inspected and tried on with reasonable care being exercised.
(c) Items should be returned unused and in a resalable condition, with all garment tags and care labels still attached. If returned Items are damaged or soiled we may not accept them and may send them back to you and/or refuse a refund.
(d) Where protective casings, protective boxes, dust bags and leather tags are provided with the Goods, these must be returned along with the Goods. For example, all footwear must be returned in it’s original shoe box, all sunglasses in their original sunglasses cases, all ties in their original tie boxes and all jewelry in their original jewelry pouches or boxes.
(e) In the interests of hygiene we will not be able to accept returns of underwear and swimwear unless the hygiene seals are intact. These Goods should not be tried on and must be inspected in their packaging.
(f) For handbag returns: when examining your handbag please be mindful not to scratch or mark the product. For returns please wrap your handbag carefully in the original dust bag to prevent any damage during shipping.
4.5 FRAGRANCE RETURNS
For health and hygiene reasons we are unable to exchange or refund fragrances once the original packaging and cellophane wrap has been opened or the product has been used.
Unfortunately, we cannot advise you in advance of a reduced priced product or reimburse you the difference after you have placed an order.
5.1 We may from time to time run special promotions or issue promotional codes. Unless otherwise expressly stated on the specific promotion, promotional codes cannot be used in conjunction with any other offer or promotion, cannot be used to purchase gift cards and can only be used against full price items. We reserve the right to change or terminate any promotion without notice at any time.
6.0 GIFT CARDS
6.1 Luta Gear standalone stores issue gift cards in US dollars (USD), Canadian Dollars (CAD), Great British Pounds (GBP) and Euros (EUR), dependent upon which country the gift card is purchased and the local currency of that country. Gift card values cannot be transferred into different currencies and purchases in standalone stores in a currency different from the currency of the gift card are not possible.
6.2 Available in any amount from $20 up to $2000*, our Gift Cards can be redeemed online and in our stores and outlets that trade in the same currency as your Gift Card. This excludes department store concessions.
6.3 Gift cards are non-refundable, non-exchangeable and not redeemable for cash unless otherwise required by applicable law. Please note we can only accept one gift card per transaction
6.4 Gift cards cannot be purchased at a discounted price during sales and promotions. They cannot be used to purchase other gift vouchers.
6.5 Only gift cards where the currency is U.S. Dollars (USD) can be used on our U.S. website.
6.6 You may check your gift card balance on this page.
6.7 Luta Gear reserves the right to refuse to accept a gift card which they deem to have been tampered with, duplicated, damaged, resold or which is otherwise suspected to be fraudulently reproduced.
6.8 We’ll post the Gift Card, presented in a gift box, to your chosen address with secure shipping under any of our delivery options.
6.9 Use of the gift card constitutes acceptance of these Terms. If you have any questions about gift cards please contact our Customer Experience Team.
* In line with the US Patriot Act we have updated our Gift Card policy to limit the maximum value of $2000 for an individual Gift Card load. If you would like to purchase a Gift Card exceeding $2000, you are able to purchase multiple gift cards up to the value of $10,000 in a 24 hour period.
In the unlikely event that there is a dispute in relation to the goods supplied, any dispute or claim shall be governed and construed according to United States Law and shall be subject to the exclusive jurisdiction of the US Courts. If any provision of these Terms & Conditions is held by any Court or other authority to be invalid or unenforceable in whole or in part, then the validity of the rest of these Terms & Conditions and the remainder of the provision in question shall not be effected thereby.
8.0 PRODUCT AUTHENTICITY
Luta Gear does not trade via eBay or any other auction website. We are not able to verify the authenticity or quality of any item sold on such a site under the Luta Gear brand name.
9.0 DATA PROTECTION AND PRIVACY
We use the information that we collect about you to:
a) Process your order expeditiously and efficiently.
b) In order to enable the goods to be delivered to you we have to pass on your address to our third party couriers. If it is in our possession we will also pass on details of your telephone number in order to allow our couriers to contact you directly in the event of a query regarding delivery.
c) Contact you regarding forthcoming offers by email only.
We will not telephone you unless the telephone call relates to a particular order that you have made. Credit card and debit card details are checked and verified by a third party and goods are only dispatched once authorization has been obtained.
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protections Act 1998.
We may use information concerning you for payment recovery or to investigate any possible fraud in the event that credit or debit card payments have been used in a fraudulent manner. Please note that we may be required to disclose information concerning you if requested to do so by the police.
We may at any time terminate this agreement without notice to you.
All card data you choose to save within your account for future purchases with us here at Luta Gear Inc is stored securely and within level 1 PCI compliant data centres.
9.1 CHILDRENS DATA PROTECTION
As per the Children’s data protection act, if you are under the age of 13, you are not permitted to submit any information to Luta Gear Inc. Lutagear.com is intended for users who are 13 years of age and older.
9.2 CALIFORNIA PRIVACY RIGHTS
Under the California Civil Code sections 1798.89 – 1798.84. California residents are entitled to ask for a full notice describing our disclosure of personal information to third parties for their direct marketing purposes. To request a copy of this notice please submit a written request to the following address:
10.0 EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 10.2.
10.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, adverse weather conditions, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
10.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.