We also offer an online marketplace service to allow our users in the United States to purchase from Third-Party Sellers (also “third party sellers”). In the event that the products shipped to other country outside the United States, you should bound by the terms applicable to the corresponding local site.
2 USE OF OUR SERVICES
2.1 CONTRACTING PARTY
You represent and warrant that you are able to form legally binding contracts (for example you are at least 18 years old or using our service under the supervision of a parent or guardian.). This site does not intend to provide the service to any individual without competent capability under applicable laws.
2.2 ACCOUNT SET-UP
You are required to create an account to place an order or to use some specific function. You are entitled to have 3 options to create an account. The first approach is to follow a conventional Register route. It is essential to input your email address and password to complete the account set-up proceedings. The second approach is to create a LightInTheBox account after you authorize us to use your Google or Facebook account to sign in. The third approach refers to the case that you choose "Checkout" or "Checkout with Paypal" when you are identified as a quest, we will create a new account for you by using the Email address as same as your Paypal account. If you do not want to set your Paypal Email address as LightInTheBox account Email address, please be wary of the choice of “Checkout with Paypal” when you are browsing our Site as a guest identity.
You have the duty to keep your password in a secure and confidential condition. To better protect your account safe, you shall avoid using an identical password on a third website. In any event of any loss, theft, destruction or misuse of your account caused by your negligence or willful or wrongdoing, you shall bear the corresponding responsibility. You shall duly notify us of any unauthorized use of your password or any breach or latent threatened breach of the Site or App’s security. For more information, please see Protect Your System.
You are not permitted to use another person’s account unless lawful authorization is granted. Also, you promise not to use a false Email Address for Registry Account, or pretend to be someone other than yourself. You have the responsibility to guarantee lawful access without unauthorized use of the service. We presume that you are the legitimate person to access, use or process the account and any changes of the account will be regarded as a lawful conduct by you or someone on your behalf, except for unusual activities, evidentiary complaint or allegation, or any signals of risks founded. You shall not assign or transfer the account to a third party as set forth 6 hereunder.
2.3 PROHIBITION BEHAVIOR OF THE USERS
Subject to the terms and conditions of this Agreement, LightInTheBox hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use this Site by displaying it on your internet browser only for the purpose of shopping for personal use sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by LightInTheBox in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by LightInTheBox in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by LightInTheBox in advance. LightInTheBox reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including without limitation, if LightInTheBox holds that customers’ conduct violates applicable law, the terms of this agreement, or is harmful to LightInTheBox’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under national law (especially the U.S. and EU law) or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful or intrusive code or properties. In some case, LightInTheBox may assign you a password and account identification to enable you to access and use certain portions of this Site. After receiving the password or identification, you are obligated to re-set the password to ensure all function workable.
Without LightInTheBox's express prior written consent, the use of data mining, robots, or similar data gathering and extraction tools on LightInTheBox as well as the use of LightInTheBox trademarks or service marks in meta-tags is strictly prohibited. You may view and use the content only for your personal information and for shopping and ordering on the site and for no other purposes. If you happen to come across any of our content hosted on a third-party site, please do not hesitate to contact us at: firstname.lastname@example.org . You can also reach us via phone at +65 63059667 9:30 AM-6:30 PM Singapore local time, or by mail at: 4 Pandan Crescent, #03-03 Logos eHub, Singapore (128475).
3 TRADE RULES
3.1 PRICE AND PURCHASE
At Checkout page, you may see the main price, coupons, rewards, points (APP only), VAT (depending on the destination country or region), insurance (if applicable) and other taxes (where applicable) at the applicable rate according to the local rules and regulations of the countries or regions where the items shipped to. However, in some cases, the VAT (Value Added Tax), other taxes, customs duties and/or fees levied by your destination country shall be assumed by the recipients. More information please find the Frequently Asked Questions.
You shall be solely responsible for caring about the coupons, rewards, points, leaving attention on the expiry date of the points.
Please be noted that if you receive any SMS, MMS or emails that remind you having additional fees to be charged, in particular custom clearance fees, we strongly advise you contact us for further confirmation to circumvent the unnecessary losses by online scam and to duly protect your safety of property.
3.2 PRICING IN DIFFERENT CURRENCIES
LightInTheBox provides you different currency applicable at your convenience for shopping. Except that the market experience dramatic fluctuation in currency values, there is almost no error of margin in pricing under normal operation. In the event of marketing, the product inventory, price, promotion, delivery time and other information displayed are real-time and may be changing in second. The price becomes fixed when you made the order purchased under Section 3.1.
3.3 TYPOGRAPHICAL ERRORS
Each item offered for sale on our website has an item description and/ or a reference link. You shall be responsible for confirming the information and content related to the item you wish to purchase through the information and/ or link provided before you submit any order. It is presumed that you have full knowledge and understanding of the details of the items you are purchasing upon submission of your order, as we shall not be liable for any after-sales issues resulting from misinterpretations of the related information and content on the website.
While LightInTheBox strives to provide accurate product and pricing information, pricing or typographical errors may occur. LightInTheBox cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, LightInTheBox shall have the right to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, LightInTheBox may, either contact you for instructions or cancel your order and notify you of such cancellation.
3.4 ORDER ACCEPTANCE
This is offer and acceptance exemplified at LightInTheBox. Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You and LightInTheBox are both legally binding since the order come into force at the time of finalizing the purchase.
Please note that there may be certain orders that the LightInTheBox are unable to accept and must cancel, likewise 3.3. TYPOGRAPHICAL ERRORS. LightInTheBox reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. LightInTheBox will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
Also, if you are a registered user, a record of all the orders placed by you is available in the "My Orders" area. You may use, as a payment method, the following cards: Visa, Mastercard, American Express, Union Pay, Paypal, and online banking, etc.
To minimize the risk of non-authorised access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorisation on your card to ensure that there are sufficient funds to complete the transaction. Please noted we Do Not save or retain any information regarding the financial transaction. Your card service provider or financial sponsor will retain such information.
For instance, when you click " Pay Now ", you are confirming that the credit card is yours. Credit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any transaction or contract with you.
For U.S Residents, the payment service agreement is entered between you and ADOR E-COMMERCE INC of which the mailing address is 5912 NE 112TH AVE，PORTLAND, OR, 97250, USA and registration number is 203650692) under U.S. law. Under this agreement, goods and/or services will be delivered through ADOR E-COMMERCE INC or LIGHT IN THE BOX LIMITED, depending on the type of service used to purchase the goods and/or the payment method.
We have made every effort to display, as accurately as possible, the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Unless otherwise provided, we will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading, or bracing requested by you will be paid for by you.
3.8 SHIPPING & DELIVERY
Since the products for shipping can be issued from different warehouses in different countries to the United States, Lightinthebox mandates other logistics to carry the goods. For orders with more than one item, we may split your order into several packages according to stock capacity at our own discretion. We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods, deliveries may take longer. If you have any questions regarding shipping and delivery, please contact us. Third-Party Sellers, at its own discretion, arrange their fulfilment scheme.
3.9 TITILE AND RISK OF LOSS
Title to the products transfers from LightInTheBox to you at the time of the delivery to the (first-party) carrier. The risk of loss or damage or liability is transferred in the same fashion. However, for the Third-Party Sellers, you should make an agreement with the Third-Party Sellers on their own. Any claim of you relative to damage during shipping or delivery should be made directly to the carrier. Any claims by you against LightInTheBox for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the goods. Notwithstanding the transfer of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain within LightInTheBox until all payments hereunder, including deferred payments evidenced by notes or otherwise, Interest, carrying charges, shall have been made, and you agree to do all acts necessary to perfect and maintain such right and title in LightInTheBox. Third-Party Sellers remain their own right to make the rule of title and risk allocation without prejudice to the individual customers.
In spite of the term set forth, if this article contradicts with the statutory regulation in national or state legislation level, statutes prevail.
3.10 PRODUCTS PURCHASED FROM THIRD-PARTY SELLERS
For those products listed owned by Third-Party Sellers, LightInTheBox does not possess thereof. All those products are sold directly from Third-Party Sellers. LightInTheBox does not involve in the transaction for the products listed by the Third-Party Sellers. Any agreement for the purchase of products listed by Third-Party Sellers through the Services is concluded solely between the applicable purchaser and such Third-Party Sellers. LightInTheBox plays as a propellant in those transactions throughout the Services (i.e., providing payments service to Third-Party Sellers, acting as limited payment service agent in the name of Third-Party Sellers). The products you purchased from Third-Party are not under our control and should be guaranteed in terms of the existence, quality, timing, condition, safety or legality, the truth or accuracy of listings for sale, by Third-Party Sellers; the integrity, responsibility, or any actions of any Third-Party Sellers; the ability of any Third-Party Sellers to sell products; or that any Third-Party Seller will actually complete a transaction throughout the services. LightInTheBox is neither an auctioneer, seller, nor a carrier of any items to be sold or sold by Third-Party Sellers.
3.11 RETURN OF PRODUCTS
Goods can be returned for a designated period. The exact return period and return policy differ from country to country. Customers returning goods are responsible for freight charges, otherwise regulated by laws or regulations.
Wrong size items and quality problem items can be exchanged. For defective products, if a defect or damage is confirmed on the returned products, we will give you a complete refund including the charges of delivery and return incurred. The refund will be paid either to your LightInTheBox Credit Account or to the original method of payment.
3.12 SPECIFIC TERMS
Any terms or conditions or introductory description from a third party in connection with LightInthebox are merely for reference and not enforceable against LightInthebox.
4 INTELLECTUAL PROPERTY
4.1 INTELLECTUAL PROPERTY RULE OF LIGHTINTHEBOX
LightInTheBox has registered trademarks, copyrights, patents and domain names in the United States, the European Union and other relevant countries/regions, and LightInTheBox is the sole owner of the aforesaid rights. Besides, the intellectual property of the collection, arrangement, and assembly of all content on this Site (the "Compilation") also belongs exclusively to LightInTheBox.
You may not use LightInTheBox's trademarks, copyrights, patents and domain names or Compilation in any manner that disparages or discredits LightInTheBox or in any way that is likely to cause confusion or violation of any applicable laws or regulations. The software used or applied on this Site (the "Software") is the property of LightInTheBox and/or its Software suppliers. The content, the Compilation and the Software are all protected under state, national and international copyright laws.
All rights not expressly granted are reserved by LightInTheBox. Any content on this Site can only be reproduced or distributed with express permission from LightInTheBox. Violators will be prosecuted to the full extent of the law.
All information and content related to items on the Site including but not limited to graphics, photos, sounds, music, videos, descriptions obtained from suppliers’ or third parties’ sources are not owned, manufactured, sold or endorsed by LightInTheBox. For the reason of the technical limitations, LightInTheBox cannot make a full warrant that the said information is accurate, complete, reliable, current, or error-free.
4.2 FREE USE OF LIGHTINTHEBOX
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide to LightInTheBox, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and by submitting or posting, you agree to irrevocably license the entry and all intellectual property rights related thereto (excluding the moral rights such as authorship right) to LightInTheBox without charge and LightInTheBox shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of LightInTheBox and shall not be returned to you.
You warrant that your Submissions, in whole or in part, are clear and free of any intellectual property right infringement, disputes or third-party claims. LightInTheBox assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify LightInTheBox against any losses caused due to your misbehavior regarding the commentaries and remarks for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant LightInTheBox the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on this Site and that use of your reviews, comments, or other content by LightInTheBox will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead LightInTheBox or third parties to obtain unjust enrichment. LightInTheBox may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
4.3 INTELLECTUAL PROPERTY INFRINGEMENT POLICY
LightInTheBox respects intellectual property, including but not limited to copyright, trademark, patent, design and business confidentiality. If you believe that the products for sale on our Site infringes the intellectual property rights of yours or others, you are welcome to assert your rights and/or file a complaint in accordance with the procedures and format described in 4.4 hereunder.
If you send a false notice of infringement, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material is infringing, please contact an attorney before submitting a notice to LightInTheBox. Fraudulent or abusive notices or other misuse of LightInTheBox’s Intellectual Property Policy may result in account termination or other legal consequences.
4.4 DIGITAL MILLENIUM COPYRIGHT ACT
If you are an intellectual property owner and you believe that any product or service available on our Site (including marks listed by Third-Party Sellers) infringes your intellectual property rights, then you may send the following information in its entirety by email to email@example.com, and this is the easiest way to submit your infringement notice. We do not assume any responsibility of negligence or delay for any complaint made through other channels like mail delivery, mailboxes, other email address or instant messages, etc., which may fail or delay to be received or responded.
Information required under the Digital Millenium Copyright Act, 17 U.S.C. § 512(c)(2) and/or other relevant laws, regulations and previous policy : A. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed; B. A description of the allegedly infringing work or materialand where the allegedly infringing material is located on the site (product(s) URL); C. Information reasonably sufficient to allow us to contact you, such as your address, telephone number or e-mail address; D. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; E. Identification of the intellectual property rights that you claim are infringed by the Website (e.g., "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04”, etc. In the case of copyright infringement, please provide the copyright registration number or a link to the platform where it was first published, the URL of the infringing work/image and/or other information proving that you are the copyright owner or authorized to use it); and F. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
Designated Agent Name：, 【SURIGUGA Legal Officer 】
Mailing Address： 4 Pandan Crescent, #03-03 Logos eHub, Singapore
Zip/Postal Code： (128475)
Phone Number: +65 63059667
**（This Email Address is for Intellectual Property Infringement Report. The customer complaints, please contact our CS Team）
You are advised to login in or sign up in our official website. To better protect your justified interest, you shall be alert to any suspicious fake or phishing websites pretending to be us. You may report us on these suspicious cybercrimes via firstname.lastname@example.org .
Our Site and Apps may contain links to other sites on the Internet that are not owned and operated by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site by anyone other than us. We strongly advise you read all third-party terms and conditions and privacy policies.
6.1 WARRANTY FOR LIGHTINTHEBOX PROVIDED
No product sold by LightInTheBox or any affiliate is subject to any guarantee, warranty, right of return, right of credit or other indemnities other than (a) the applicable standard terms and conditions of the applicable countries or regions (b) manufacturers’ warranties for which neither the LightInTheBox nor any affiliate has any liability. The warranty of a product is governed by applicable laws or mandatory standards, which prevail over any other rules. The specific warranty along with each of the product purchased supersedes the terms posted online.
6.2 DISCLAIMERS OF WARRANTIES OF THIRD-PARTY SELLERS
LIGHTINTHEBOX DOES NOT COVER ANY WARRANTIES OF THE PRODUCTS THAT ARE OFFERED OR SOLD BY THIRD-PARTY SELLERS. LIGHTINTHEBOX HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND WITH RESPECT TO ANY PRODUCTS OFFERED OR SOLD BY THIRD-PARTY SELLER, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE, UNDERSTAND AND ACCEPT THAT YOU BEAR ALL OF THE RISKS IN PURCHASING SUCH PRODUCT VIA THE SERVICES. WITHOUT LIMITING THE FOREGOING, AGAGIN LIGHTINTHEBOX OFFICIALLY ANNOUNCED THAT WE MAKE NO WARRANTY THAT ANY PRODUCTS OFFERED OR SOLD BY THIRD-PARTY SELLERS WILL MEET YOUR REQUIREMENTS, BE DELIVERED IN A TIMELY MANNER, OR BE IN THE CONDITION DESCRIBED IN THE PRODUCT’S LISTING. LIGHTINTHEBOX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH PRODUCTS.
Our prior written consent is required before any assignment or transfer of the Agreement regardless of the rights or obligations. Otherwise, the attempted assignment or transfer is void. You acknowledge that you permit us to freely assign or transfer this Agreement to which you inures the benefit of and is binding upon the parties and the employees, contractors, successors, assignees, trustees or respective legal representative.
8 TERMINATION AND EFFECT OF TERMINATION
9 DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SAME OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE THEREON SOLELY BY LIGHTINTHEBOX AND THE TRANSACTIONS CONDUCTED THERETHROUGH ARE ON AN “AS IS” BASIS. LIGHTINTHEBOX MAKES NO PRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LIGHTINTHEBOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. LIGHTINTHEBOX DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIGHTINTHEBOXWILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIGHTINTHEBOX’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU THROUGH LIGHTINTHEBOX DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO LIGHTINTHEBOX’S LIABILITY.
10 FORCE MAJEURE
LightInTheBox shall not be liable to you or be deemed to be in breach of agreement by reason of any delay in performing, or any failure to perform, any of the obligations in relation to the items, services and/or Site if the delay or failure was caused by any factor beyond our reasonable control, including but not limited to: fire, act of God, storm, explosion, earthquake, flood, tempest, accident, pandemic or other natural disaster; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock outs, blockdown or other industrial actions or trade disputes; difficulties in obtaining raw materials, labour, fuel, parts or machinery faced by us or suppliers; or telecommunication, transportation, power supply, or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned
11 DISPUTE RESOLUTION
This provision applies to the fullest extent permitted by applicable law. If there is a claim, dispute, or controversy of any kind (collectively, “Claim(s)”) involving you and LightInTheBox, or any of its parents, subsidiaries, affiliated companies, employees, agents, officers, directors, shareholders, and/or licensors (which shall be third party beneficiaries of this arbitration provision), arising out of or related to this Agreement, you and LightInTheBox agree to first try to resolve the Claim informally. You may contact us at email@example.com. If we cannot resolve the Claim informally within thirty (30) days, you and LightInTheBox agree to resolve all Claims exclusively through final and binding arbitration, rather than in court, as, and except as, providing below.
ALL SUCH CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS. BY ENTERING INTO THESE TERMS, YOU AND LIGHTINABOX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
11.1 BINDING ARBITRATION
In the event that informal efforts to resolve disputes are unsuccessful, any Claims between you and LightInTheBox arising out of or related to this Agreement shall be submitted to the Singapore International Arbitration Centre (“SIAC”) for arbitration which shall be conducted in accordance with the SIAC’s arbitration rules in effect at the time of applying for arbitration. The law of this arbitration clause shall be the laws of the United States. The seat of arbitration shall be Shanghai. The arbitration proceedings shall be conducted in English. The arbitral awards are final and binding upon both parties.
11.2 FOREIGN-RELATED DISPUTES
If you are a resident of the United States, you and LightInTheBox agree to resolve any dispute, controversy of Claim arising out of or relating to this Agreement, will be referred to and finally determined by arbitration. The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. The parties are entitled to submit the disputes in the United States. The parties shall participate in the selection of a sole neutral arbitrator pursuant to the Streamlined Rules. The language to be used in the arbitral proceedings will be English. The parties agree that arbitration may take place via videoconference or the country of your residence. You and LightInTheBox consent to and waive objections to personal jurisdiction and venue as applicable. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.
11.3 VENUE FOR ANY JUDICIAL PROCEEDING
The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement with be the courts located in or nearest to Singapore. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
11.4 RELEASE FOR DISPUTES WITH THIRD-PARTY SELLERS
To the fullest extent permitted by applicable law, we expressly disclaim any and all liability that may arise between you and any Third-Party Sellers. The service merely provides a venue for connecting our users with Third-Party Sellers. Since LightInTheBox is not any party to the actual agreement between you and any Third-Party Sellers that you purchase a product from, in the event that you have a dispute with any Third-Party Sellers, you release LightInTheBox, its parents, subsidiaries, affiliates, and all of their officers, employees, investors, shareholders, agents, partners, predecessor, successor and licensors, but excluding any Third-Party Sellers (each a “LightInTheBox Party” and collectively, the “LightInTheBox Parties” ) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.
12 APPLICABLE LAW
This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in the United States, and shall be governed by and construed in accordance with the laws of the United States without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
13 REMEDIES IN AID OF ARBITRATION; EQUITABLE RELIEF
This agreement to arbitrate will not preclude LightInTheBox from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude LightInTheBox from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, specific performance, or other interim or conservatory relief, as necessary. “Court of Competent Jurisdiction” means any court: (1) that has jurisdiction over the subject matter; and (2) that is located in Singapore. No right or remedy of LightInTheBox shall be exclusive of any other, whether at law or in equity, including without limitation, damages injunctive relief, attorneys' fees and expenses. No instance of waiver by LightInTheBox of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waivers.
14.3 ENTIRE AGREEMENT
You agree to indemnify and release LightInTheBox Party harmless from any and all damages, liabilities, costs and expenses (including reasonable attorneys' fees) made against LightInTheBox Party by any third party due to or arising out of or in connection with your use of the Site inappropriately.
15 CUSTOMER SERVICE
For questions of pricing, orders, shipping, after-sales support, or any other questions, please log into My Orders and submit a Ticket about the order you need help with.
From the detailed order page, you can easily review order details, track order progress, and request help by submitting a Customer Service ticket.
Our Customer Service is ready to help you at our best efforts. If you have any problem or question, please contact us via firstname.lastname@example.org.