TERMS OF USE
The SELLER, LITTLE BIG FAMILY, LLC registered under CALIFORNIA, USA, reg. num (EIN) 92-2367967, sells PRODUCTS via WEBSITE where these TERMS OF USE are found (https:// shop.littlebig.band) under the following rules and terms.
These TERMS OF USE are a public offer to conclude an agreement under the Russian Law in accordance with its regulations.
Any natural person wishing to buy or buying PRODUCTS using WEBSITE shall accept the TERMS OF USE and shall be known as BUYER under the TERMS OF USE. SELLER and BUYER together or separately shall be known as PARTIES to an agreement as well.
Any order placed by BUYER using WEBSITE constitutes full and known agreement to the TERMS OF USE and its full acceptance.
DEFINITIONS
SELLER shall mean LITTLE BIG FAMILY, LLC registered under CALIFORNIA, USA, reg. num (EIN) 92-2367967
BUYER shall mean any natural person who is a payer and|or receiver of the PRODUCTS sold via WEBSITE for family, personal or home purposes or other non-commercial purposes. Only natural persons can use WEBSITE to purchase PRODUCTS.
PRODUCTS shall mean all the products available for purchase via WEBSITE
WEBSITE shall mean the web-site with the URL https://shop.littlebig.band that is hosted on a web-server located in Los Angeles, USA. It lists the PRODUCTS available for purchase, terms of the purchase, terms of payment and delivery, the TERMS OF USE.
ORDER shall mean the proper request by the BUYER to purchase a PRODUCT listed on the WEBSITE and has it delivered to a specified address.
The TERMS OF USE are in compliance with the American legislation and the GENERAL DATA PROTECTION REGULATION of the European Union (GDPR) if applicable.
1. General provisions
1.1. The TERMS OF USE is a public offer to conclude an agreement and embodies all the necessary terms of a buyer-seller agreement concluded via distance sales (using the Internet). The TERMS OF USE regulate responsibilities of a BUYER and SELLER.
1.2. A SELLER has the right to change the TERMS OF USE without notice and unilaterally at any moment making changes to the TERMS OF USE published on the WEBSITE.
1.3. The WEBSITE is used for distance selling of PRODUCTS.
1.4. SELLER has the right to discontinue his public offer at any time, but it doesn’t allow SELLER to refuse execution of any agreement that is concluded by the time the offer is discontinued. SELLER shall put his discontinue notice on the WEBSITE with the exact timestamp (UTC-8, LA) when the offer is discontinued.
2. BUYER Status
2.1. A BUYER is a natural person with a full legal capacity under the applicable law (personal law of the BUYER) that has placed an ORDER for PRODUCTS using the WEBSITE.
2.2. A BUYER is responsible for providing the information that is truthful and full. The delivery is not guaranteed if information provided is false, misleading or in any way not full.
2.3. By placing the ORDER BUYER agrees to the TERMS OF USE and agrees to pay the price for the PRODUCTS and delivery indicated on the WEBSITE and all perform all the other obligations set in the TERMS OF USE. At the same time the SELLER agrees to provide the PRODUCTS (including via delivery) to the BUYER
3. BUYER personal data
3.1. All the data provided by a BUYER is confidential.
3.2. The SELLER takes all the necessary measures for protection of BUYER’s personal data.
3.3. As part of an ORDER a BUYER provides the following data and gives the consent to use and process it to the BUYER and all the processors (sub-processors) who may be given access as part of SELLER’s performance of obligations. The consent is not limited in time and may be withdrawn by a BUYER (or his|her legal representative) at any time via a request in writing sent to California, 90036, Los Angeles, 6260 W 3rd Street, Apt 433 or [email protected]. The data may be provided to postal or courier services, to owners and workers of self-pickup points (as described on the WEBSITE), other entities as performance of obligations requires.
3.4. The data provided by a BUYER is as follows:
3.4.1. Name (including personal name, family name and patronal name where appropriate).
3.4.2. E-mail address.
3.4.3. Telephone number.
3.4.4. Delivery address.
3.5. Any disclosure of the data made in accordance with the applicable law shall not constitute a breach in an agreement.
3.6. The data are provided for the purpose of executing an agreement and providing and managing PRODUCTS and delivery of PRODUCTS.
3.7. When accessing the WEBSITE IP-address and other additional information is gathered as described in part 12 of the TERMS OF USE. The SELLER shall not use this information to ascertain the identity of the BUYER.
3.8. The SELLER is not responsible if a BUYER uses the WEBSITE in any way or form to disclose any information about himself|herself.
4. Terms of buying/selling the PRODUCTS.
4.1. The SELLER is obliged to provide the PRODUCTS or delivery of said PRODUCTS to a BUYER, while a BUYER is obliged to pay for the PRODUCTS and accept the PRODUCTS when delivered as per the TERMS OF USE.
4.2. The SELLER provides a BUYER with the sales receipt by sending it to e-mail address provided by a BUYER.
5. Payment
5.1. The full price of the ORDER includes the price of the PRODUCTS and the price of delivery.
5.2. The price is payable via any method on “Payment methods” page of the WEBSITE.
5.3. The price of PRODUCTS is indicated on the WEBSITE.
5.4. If the price indicate on the WEBSITE is wrong or in error the SELLER notifies the BUYER as soon as possible about the error. After being notified the BUYER may choose to confirm the ORDER with corrected price or to withdraw the ORDER. If the BUYER gives no answer or it is impossible to contact the BUYER within a reasonable period of time the ORDER is considered annulled by the BIYER. If the price of the ORDER was paid by that moment the SELLER shall return the payment as described in para 7.8 of the TERMS OF USE.
5.5. The price of PRODUCTS may be changed by the SELLER at any moment without any prior notification by changing the price indicated on the WEBSITE. It does not change the price of placed ORDERS.
6. Delivery or self-pickup
6.1. The full delivery time includes handling and packaging the ORDER and delivery of the ORDER. All these times are indicated at the moment of placing the ORDER. In case the BUYER chooses self-pickup option, the full delivery time includes handling and packaging the ORDER and delivery to self-pickup point.
6.2. Delivery time to a self-pickup point generally will be 1-10 working days. The SELLER notifies a BUYER when the ORDER is delivered to a self-pickup point via electronic mail sent to BUYER’s e-mail address. The ORDER should be picked up by a BUYER within the timeline and on terms set in para 6.10 of the TERMS OF USE.
6.3. PRODUCTS are delivered using the method chosen by a BUYER when placing the ORDER. All the methods are described on the WEBSITE. These include self-pickup option; all the self-pickup addresses are indicated on the WEBSITE.
6.4. The SELLER will take all reasonable measures to ensure timely and proper delivery, but delays are possible because of circumstances beyond SELLER’s control. Full delivery time may unfortunately be extended by up to 50 days due to delivery services difficulties and problems.
6.5. Risk of accidental loss or damages of the PRODUCTS is transferred to the BUYER at the moment the BUYER receives the parcel (PRODUCTS) and signs the documents confirming his/her acceptance of the PRODUCTS. In case the PRODUCTS are not delivered the SELLER fully reimburses all the fees paid by the BUYER after a delivery service confirms loss of the parcel (PRODUCTS).
6.6. The price of delivery is calculated individually based upon the chosen PRODUCTS’ weight, place of delivery and/or method of payment and is indicated at the last step of placing the ORDER.
6.7. In case of courier delivery or choosing a self-pickup point the PRODUCTS may be received and accepted either by the BUYER or the person indicated by the BUYER as a recipient. If the BUYER or the indicated recipient are absent at the place of delivery, the PRODUCTS may be received by a person who would present documents confirming placing the ORDER or payment.
6.8. To ensure the PRODUCTS are delivered properly couriers or employees at a self-pickup point may ask to present an ID (identification document) and write down the number and the type of the presented document in papers confirming reception of the PRODUCTS. These data is strictly confidential, protected by the BUYER in a same way as described in para 3.1 – 3.7 of the TERMS OF USE.
6.9. When receiving the PRODUCTS the BUYER is to check its quality, appearance, amount, whether it matches with the ORDER.
6.10. The PRODUCTS are available at a self-pickup point for a limited time – only within 10 days from the date it was delivered. In case the PRODUCTS are not picked up within this timeline it will be retuned to a warehouse and the BUYER would have to place the ORDER once again.
7. Returns
7.1. The Buyer has the right to abandon an agreement and return the PRODUCTS at any time before the PRODUCTS are received or within seven days after they are received.
7.2. The return of the PRODUCTS is only permissible if the PRODUCTS retain all the original qualities of non-used PRODUCTS (including all the slips, packaging, labels, etc) and the document confirming payment for the PRODUCTS (sales receipt). The BUYER would also need to provide the ID.
7.3. The BUYER reimburses the SELLER for the payment within 10 days of receiving both the PRODUCTS and a request to be reimbursed in writing (in case the PRODUCTS of proper quality are returned).
7.4. The PRODUCTS of improper quality are such PRODUCTS that is defective and cannot be used for its original purposes. The PRODUCTS shall be as defined in a description on WEBSITE. Differences of design elements or overall design are not considered defects or obstruction to using the PRODUCTS for its original purposes.
7.5. Appearance and package contents shall be verified by the BUYER at the moment the PRODUCTS are received. When the PRODUCTS are received from a courier service or in a self-pickup point the BUYER shall sign the documents indicating that he|she has indeed verified the appearances and package contents of the PRODUCTS directly stating “The ORDER is received, delivery received, appearances and package contents are verified and in accordance with the placed ORDER. The terms of PRODUCTS return are made known to me”. After the PRODUCTS are received no claims against appearances and package contents can be made.
7.6. The BUYER has the right to exchange the PRODUCTS within 14 days if the PRODUCTS do not fit the BUYER because of the color, size, form, cut. Because of distance sales properties such exchange may be done only after returning the PRODUCTS to the SELLER.
7.7. The price of delivery is not reimbursed when returning or exchanging PRODUCTS of proper quality.
7.8. When cancelling the ORDER or returning the PRODUCTS if the PRODUCTS price was already paid via electronic means (such as VISA/Master Card, QIWI, PayPal, WebMoney) the money is returned using the same means it was received after the BUYER sends the request in writing to [email protected] using the same electronic address he|she used when placing the ORDER.
8. Responsibility and warranties
8.1. The BUYER shall not use the PRODUCTS for commercial purposes.
8.2. The SELLER is not responsible for any damages if the PRODUCTS are used not in accordance with the original purposes.
8.3. The SELLER may transfer all the rights and obligations under the TERMS OF USE to any third persons without consent from the BUYER.
8.4. The SELLER is not responsible for third parties’ websites availability and function.
8.5. The SELLER is not responsible for any third persons’ actions or inactions and any damages resulting from those.
8.6. The SELLER is not responsible for any mistakes produced by the BUYER while placing the ORDER including but not limited to choosing the wrong PRODUCT.
8.7. The SELLER is not responsible for any fees that are payable in case of crossborder deliveries.
8.8. The SELLER guarantee that the PRODUCTS delivered to the BUYER are new, never have been used and satisfy all the sanitary norms of the Russian Federation
8.9. In case of force-majeure the PARTIES are not responsible for any breach of the agreement.
8.10. The PARTIES will make all the efforts to reach an amicable agreement via negotiation in case of dispute.
9. Timeline
9.1. The TERMS OF USE are in force from the moment they are published on the WEBSITE. The agreement under the TERMS OF USE is in force from the moment it is concluded by the BUYER’S acceptance of the TERMS OF USE and placing the order and stays in force till all the obligations under the agreement are performed or till the offer is withdrawn.
9.2. By placing the ORDER the BUYER agrees to all the TERMS OF USE rules.
9.3. The TERMS OF USE are considered a public offer as per art. 435, 437 of the Civil Code of the RF.
9.4. The law of the Russian Federation and other Russian laws are applicable to the agreement and to the relations between the PARTIES. As such Russian law is deemed applicable. Other laws may be applicable depending on circumstances.
9.5. Invalidity of some of the terms of the agreement of the TERMS OF USE does not invalidate all the other terms.
10. Messaging
10.1. By registering or placing the order the BUYER fives consent to receive messaging including promotional messaging by the SELLER. Such messaging may include information on promotional campaigns, sales, other events by the SELLER.
10.2. The BUYER may manage subscription to messaging via Personal cabinet (if available). The BUYER may withdraw his|her consent to messaging at any moment.
10.3. Messaging may include e-mails, electronic messages via messenger services (such as Whatsapp, Telegram) or SMS (short message system) to electronic address or phone number provided by the BUYER.
11. Intellectual Property
11.1. All the IP on the WEBSITE including graphics, photos, designs are owned by the SELLER or other proper owners and is used with their consent.
12. Cookies and advertisement
12.1. The WEBSITE uses ‘cookies’. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing WEBSITE content based on visitors' browser type and/or other information.
12.2. Cookies may be disabled through individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites.
12.3. The WEBSITE uses log files. These files log visitors when they visit websites. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.
12.4. The WEBSITE may contain advertisement. Some of advertisers on our site may use cookies and web beacons. In case the WEBSITE contains advertisement, this paragraph will be updated to contain the list of advertisers. Each of advertising partners has their own privacy policy and terms of use for their policies on user data and thus SELLER cannot be responsible for their policies.
12.5. As previously stated, by using the WEBSITE, you hereby consent to the TERMS OF USE and agree to its terms.