TERMS AND CONDITIONS:

Terms and Conditions of use and Terms and Conditions of sale for the LOVETHEKEYTOLIFE.COM website. (July 31, 2019)

GENERAL TERMS:

Before using the LOVETHEKEYTOLIFE.COM WEBSITE (“LKL Website”), please review all of the Terms and Conditions included below, as the Terms and Conditions for the use (“Use Terms”), the Terms and Conditions of sale (“Sale Terms”), and additional terms, together with the Privacy Policy, Govern Your (“Customer”, “You”, “Your”, or Similar Terms) use of the Website and any purchase that you make or attempt to make.

All use of the LKL Website is subject to these Terms. By using the LKL Website you agree to comply with, and be bound by, these Terms. If you do not agree to these Terms, please exit and do not use the Website.

DISCLAIMER / LIMITATION ON LIABILITY

Use of and browsing in the Website are at your own risk. Neither LKL nor any party representing or otherwise affiliated with LKL in creating or presenting the Website are liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use of the Website, except where such liability or damage is the result of LKL’s own negligence fraud, willful injury or willful violation of law. To the extent permitted by law and without limiting any of the foregoing, everything on the Website is provided to you on an “as is” basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement.

Solicited information that you submit to LKL by email in order to purchase products and/or to submit appropriate questions to the Website are subject to our Privacy Policy. All unsolicited reviews, comments or other submissions, including ideas, concepts, techniques, know-how and the like, shall not be treated as confidential by LKL and LKL may use such materials in any manner that it deems appropriate. For more information on this topic, please see Intellectual Property and Privacy Policy below.

PURCHASE:

NOT FOR RESALE: Orders may only be placed on the LKL Website for personal use and not for resale. Any resale or distribution of LKL products purchased on LKL Website is strictly prohibited.

PRICE AND PAYMENT:

The price shown in US dollars is quoted excluding tax, postage, and order processing costs. Prices may be modified at any time. However, LKL undertakes to apply the price list in force shown on the Internet site at the time of ordering. Orders are payable in US dollars only.

Payment is due upon ordering. No order can be dispatched without confirmation from our bank that your payment has been received. For your security, online payment is processed exclusively through PayPal or direct deposit via Chase Bank QuickPay with Zelle (click for details), a person-to-person payment service. Therefore, no credit card information is collected or stored on this Site.

SALES TAX

LKL is required by law to collect sales tax on orders shipped to New York and New Jersey. If we are not required to collect taxes in your state, it is your responsibility to determine and pay any use taxes or similar taxes.

SHIPPING

DOMESTIC SHIPMENTS — FRAGRANCE:

We offer COMPLEMENTARY GROUND SHIPPING on all U.S. orders. Your package will be delivered within 5 to 7 business days.

EXPRESS*: TWO TO THREE DAY DELIVERY — $25.
Your order must reach us by 12:00 PM EST and express air must be selected in check-out. The shipment will normally be delivered within two to three business days.

OVERNIGHT DELIVERY* — $35.
Your order must reach us by 12:00 EST and overnight shipping must be selected in check-out. The shipment will normally be delivered the following business day.

SAME DAY DELIVERY (MANHATTAN ONLY) — $40.
Customers in Manhattan who order by 12:00 PM EST, Monday – Friday, can select same-day delivery for a fee of $40.

*Expedited shipping is not valid on orders shipping to Hawaii, Alaska, PO Boxes and APO/FPO addresses. These orders will ship ground only, with an expected delivery of 5 – 7 business days for a fee of $10.

Once we have shipped your order, we will send you an email with shipping details, including a tracking number. Please follow the link in the email to check the estimated arrival of your order.

INTERNATIONAL SHIPMENTS — FRAGRANCE:

For all international orders, please email us at lgerlach@nyc.rr.com or call 212-860-7591.

DOMESTIC SHIPMENT — TOTE BAGS, CAPS, T-SHIRTS:

We offer COMPLEMENTARY GROUND SHIPPING on all U.S. orders. Your package will be delivered within 5 to 7 business days.

EXPRESS*: TWO TO THREE DAYS DELIVERY — $12.
Your order must reach us by 12:00 PM EST and express air must be selected in check-out. The shipment will normally be delivered within two to three business days.

OVERNIGHT DELIVERY* — $18.
Your order must reach us by 12:00 PM EST and overnight shipping must be selected in check-out.

SAME DAY DELIVERY (MANHATTAN ONLY) — $20.
Customers in Manhattan who order by 12:00 PM EST, Monday – Friday, can select same-day delivery for a fee of $20.

*Expedited shipping is not valid on orders shipping to Hawaii, Alaska, PO Boxes and APO/FPO addresses. These orders will ship ground only, with an expected delivery of 5 to 7 business days for a fee of $10.

Once we have shipped your order, we will send you an email with shipping details, including a tracking number. Please follow the link in the email to check the estimated arrival of your order.

INTERNATIONAL SHIPMENTS — TOTE BAGS, CAPS, T-SHIRTS:

For all International orders, please email us at lgerlach@nyc.rr.com or call 212-860-7591.

*Please note: LKL is not responsible and will not offer refunds for packages that are stolen or damaged after they are delivered to the address that is specified by the customer. If you choose the “Signature Required” option ($2.00 surcharge), your package will be delivered only if it is signed for. If no one is present at the delivery time, then the Shipper’s standard practice is that they will make 2 more delivery attempts before they return the package to us. If you would like it reshipped, there will be a restocking charge and the additional cost to reship it.

If you have any questions regarding delivery options, please contact us at lgerlach@nyc.rr.com.

RETURNS AND EXCHANGES

LOVE, THE KEY TO LIFE (“LKL”) does not accept returns on fragrance and tote bags. If the product arrives damaged, please let us know immediately and we will be happy to replace it. Have your order number ready and contact us at lgerlach@nyc.rr.com or 1-212-860-7591, and we will send you instructions for replacing the product.

Returns and Exchanges for T-Shirts:

You may return any full-priced product ordered on the LKL Website for exchange or refund within 14 calendar days from the delivery date. Returns must be in their original condition, unused, unwashed, unaltered, and in the same condition in which it was received and in the original packaging. The original invoice must be provided with any return. LKL will determine in its sole discretion whether the product(s) are in original condition when returned. If LKL determines that the product(s) are not in original condition, they will be returned to you. Please allow up to ten (10) days for the processing of your return.

All refunds shall be made to the original form of payment. Under no circumstances will LKL grant you an electronic credit usable on the LKL Website.

If the size is not correct, please let us know, and we will exchange it for another size. Exchanges must be in their original condition, unused, unwashed, unaltered, and in the same condition in which it was received and in the original packaging. The original invoice must be provided with any return. LKL will determine in its sole discretion whether the product(s) are in original condition when returned. If LKL determines that the product(s) are not in original condition, they will be returned to you. Please allow up to ten (10) days for the processing of your return.

If any product arrives damaged, please let us know immediately and we will be happy to replace it. Have your order number ready and contact us at lgerlach@nyc.rr.com or 1-212-860-7591, and we will send you instructions for replacing the product.

INTELLECTUAL PROPERTY

OWNERSHIP: The LKL Website and material on the LKL Website (including all intellectual property of any nature, whether registered or unregistered, including drawings, designs, illustrations, photographs, videos, sound tracks, written text, logos, trademarks) are the exclusive property of LKL and its affiliates and subsidiaries. You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained on the LKL Website.

PROPRIETARY MARKINGS: You may not remove any copyright, trademark, or other Proprietary Notice contained on the LKL Website or any content contained therein.

FEEDBACK: You agree that any and all feedback, reviews, suggestions, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to LKL through this Website or by other means (“submissions”) are neither confidential nor proprietary to you and may be used by LKL without restriction or compensation. By making a submission to LKL, you grant to LKL under all right, title and interest, including copyrights, in the submission a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and otherwise fully exploit such submissions. LKL has no obligation (I) to keep any submission confidential; (II) to pay you or anyone any compensation for any submission or for using a submission; or (III) to respond to or acknowledge any submission. You represent and warrant that no submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a submission, you agree that LKL has the right (but not the obligation) to copy, publish, distribute or use such submission for any purpose, including but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any submission you make.

LINKING: LINKING ONLY WITH AUTHORIZATION: You may only provide a Link (including deep linking) to the LKL Website if expressly authorized in writing by Linda Gerlach, Owner of LOVE, THE KEY TO LIFE.

USE RESTRICTIONS:

(A) NO SCRAPING: You may not use any automatic device, program, or methodology (including, without limitation, “PAGE-SCRAPE”, “ROBOT”, OR “SPIDER”), or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website LKL reserves the right to bar any such activity.

(B) NO CIRCUMVENTION: You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website by hacking, password “Mining”, or any other illegitimate means.

In addition, you may not probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website or any other customer of LKL, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

(C) NO INTERFERENCE: You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conduction on the Website or with any other persons use of the Website.

(D) NO UNLAWFUL USE: You may not use the Website for any purpose that is unlawful or prohibited by these Use Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of LKL or others.

PRIVACY POLICY

The LKL Privacy Policy governs the use of any personal information that you provide to LKL on this Website or is otherwise collected through your use of the Website. LKL will not collect any personally identifiable information about you unless you provide it. Therefore, if you do not want LKL to obtain any personally identifiable information about you, do not submit it.

Scope of This Privacy Policy

This Privacy Policy describes how we collect, use, and safeguard the personal information you provide to us when you use our Website: http//www.lovethekeytolife.com.

What is Personal Information?

As used in this Privacy Policy the term “personal information” means information that identifies you personally and would permit someone to contact you, for example, your name, postal and email addresses, telephone number, or any information you submit to LKL Website.

Privacy Notices

LKL respects your privacy and will not share, trade, or sell your personal information with third parties. Information collected on this Website will be used strictly for shipping purposes and to better service our customers. LKL may only share personal information gathered online with consultants and LKL suppliers, who are also bound by the same Privacy Policy, or for any internal business purpose in order to properly service you. LKL may also divulge Personal Information if such information is required for LKL to comply with any valid legal process, such as a subpoena, search warrant, statute or court order.

LKL does not knowingly collect or solicit personal information from those under 13. In addition, no part of our Website is designed with the purpose of attracting any person under age 13, and we do not sell products or services for purchase by children. By using our Website you agree you are at least 13 years old.

SECURITY: Protecting your information is of primary concern to us. We store the information that we collect on secure servers and otherwise take reasonable precautions to protect your personal information. We use Secure Sockets Layers (SSL) technology, which offers maximum security, to protect the security of your online order information. To check the security of your connection look at the lower left-hand corner of your browser window after accessing the server. If you see an unbroken key or a closed lock (depending on your browser), then SSL is active and the server is secure. You can also double-chick by looking at the URL line of your browser. When accessing a secure server, the first characters of the site address will change from “http” to “https.” Some versions of browsers and some firewalls don’t permit communication through secure servers. In that case, you won’t be able to connect to the server and therefore won’t be able to place an order through a secure connection. However, we cannot warrant and do not represent that our level of security meets or exceeds any specific standards. No internet transmission is 100% secure or error-free, nor is stored data free from vulnerabilities. We neither guarantee the security of our Website, databases, or services, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the internet. We are not responsible for the actions of third parties. By using only PayPal and direct deposit via Chase Bank QuickPay with Zelle, no credit card information or financial data is stored on our server.

Your Consent to This Privacy Policy

By using this Website, you are expressly agreeing to the collection, use, and disclosure of your personal information as described in this Privacy Policy. If you do not consent to the collection, use, and disclosure information as described in this Privacy Policy, you may not use this Website.

Questions Concerning Our Privacy Practices

If you have any questions or concerns regarding this Privacy Policy, please contact us by telephone at 1-212-860-7591 or by email at lgerlach@nyc.rr.com.

This Privacy Policy May Change

We reserve the right to update or modify this Privacy Policy and any Privacy Notice, at any time and without prior notice, by posting the revised version of the Privacy Policy or Privacy Notice on this Website. These changes will only apply to the personal information we collect after we have posted the revised Privacy Policy or Privacy Notice on this Website.

Your use of this Website following any such change constitutes your agreement that all personal information collected from or about you through this Website after the revised Privacy Policy is posted will be subject to the terms of the revised Privacy Policy. To alert you to these changes, we will provide a notice at the top of this page for at least 30 days after the new effective date and highlight the changes in the Policy so that you can locate them easily. Unless the change is a minor change (such as a change in our contact information) or a non-substantive change (such as the reformatting of our Privacy Policy), we will also post notices on our home page and/or on the relevant pages of our Website for 30 days after the new effective date to alert you to the change.

Applicable Law

Any question relating to these general conditions of sale, as well as the sales governed by them, which might not be covered by these contractual stipulations, will be subject to the laws of the State of New York to the exclusion of any other law.

Attribution of Jurisdiction

In the event of a dispute, the State and Federal Courts located in the borough of Manhattan in the City of New York, NY, shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such court and you irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. LKL shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder without the need to post any bond or surety.


LKL is happy to welcome you to its Website. While LKL has endeavored to make your visit enjoyable and as informative as possible, LKL declines all responsibility for technical inaccuracies or other errors. LKL also declines all responsibility for any difficulties encountered in accessing the site or for any communication line failure.

Effective date: July 31, 2019