Terms of service
NOTICE FOR EU or UK USERS OF LYKKESHOP.COM AND EU or UK CUSTOMERS OF LYKKESHOP.COM
The Terms of Use and Privacy Policy incorporated as part of the Terms of Use for LYKKESHOP.COM’s website LYKKESHOP.COM (“Terms & Policy”) has been updated with respect to European legislation in force as of May 25, 2018, referred to in the Terms & Policy as the “General Data Protection Regulation” or “GDPR”.
As an EU or UK user or customer, if you wish to continue to use this website (LYKKESHOP.COM) you must acknowledge that you have read and understood the Terms & Policy and that you consent to LYKKESHOP.COM,(otherwise referred to herein as “LYKKESHOP.COM”) using your personal information (data) in accordance with the Terms & Policy. If you are not sure you understand the Terms & Policy as written in the English language, we recommend that You obtain assistance to translate the Terms & Policy before providing your consent for LYKKESHOP.COM to collect your personal information/data. For any questions or inquiries regarding the collection and handling of personal information/data by LYKKESHOP.COM, please contact the representative identified in our Privacy Policy.
WEBSITE TERMS OF USE
IMPORTANT! YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THIS WEBSITE AND DO NOT OTHERWISE PROVIDE US WITH YOUR PERSONAL INFORMATION/DATA.
These Terms of Use (otherwise referred to as “Terms & Policy”) are an agreement between you ("You") and LYKKESHOP.COM, its affiliates and related companies (individually and collectively “LYKKESHOP.COM”), for You to use LYKKESHOP.COM’s websites (individually and collectively the “Website”) in exchange for LYKKESHOP.COM allowing You to access the Website and its features, and to purchase products and services provided by LYKKESHOP.COM in person or through the Website (collectively the “LYKKESHOP.COM, Products and Services”). By using the Website and/or the LYKKESHOP.COM, Products and Services, You agree to abide by the terms and conditions in these Terms of Use. If You do not accept the Terms of Use, then do not use the Website or purchase LYKKESHOP.COM, Products and Services. These Terms of Use, including, but not limited to LYKKESHOP.COM’s Privacy Policy and the Website may change from time to time. While it is generally your responsibility to check for such updates, LYKKESHOP.COM will provide notice of updates as specifically set out in the Terms of Use, or as otherwise as required by law.
PRIVACY
One of LYKKESHOP.COM’s top priorities is making sure that your personal information/data is safe. Please review LYKKESHOP.COM’s Privacy Policy, which further governs your use of the Website as part of our agreement under these Terms of Use.
LYKKESHOP.COM has no obligation to monitor the Website beyond what it may be required to do so in law. You agree, however, that LYKKESHOP.COM has the right to monitor the Website electronically from time to time and to disclose any information, in accordance with LYKKESHOP.COM’s Privacy Policy, as necessary to satisfy any law, regulation, or other governmental request, to operate this Website properly, or to protect itself or its account holders. LYKKESHOP.COM also reserves the right to refuse to post, or to remove any content, information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms of Use.
LICENCE AND ACCESS
Subject to your compliance with these Terms of Use and your payment of any applicable fees, LYKKESHOP.COM grants You a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Website and LYKKESHOP.COM, Products and Services. This licence does not include: any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website, any LYKKESHOP.COM, Products and Services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to You in these Terms of Use or any other service terms are reserved and retained by LYKKESHOP.COM or its licensors, suppliers, rights holders, or other content providers. No LYKKESHOP.COM, Products and Services, nor any part of any LYKKESHOP.COM, Products and Services or the Website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of LYKKESHOP.COM. You may not frame or use framing techniques to enclose any Trademark (as defined in these Terms of Use), or other proprietary information/content (including but not limited images, text, page layout, or form) obtained from or made by LYKKESHOP.COM without express written consent. You may not use any metatags or any other "hidden text" using LYKKESHOP.COM's name or Trademarks without the express written consent of LYKKESHOP.COM. You may not misuse the Website or the LYKKESHOP.COM, Products and Services as further defined in these Terms of Use. You may use the LYKKESHOP.COM, Products and Services only as permitted by law. The licences granted by LYKKESHOP.COM terminate if You do not comply with these Terms of Use or any other service terms provided to you in connection with LYKKESHOP.COM, Products and Services.
LYKKESHOP.COM PRODUCTS AND SERVICES DESCRIPTIONS
LYKKESHOP.COM attempts to be as accurate as possible with its product and service descriptions. However, LYKKESHOP.COM does not warrant that descriptions of the LYKKESHOP.COM, Products and Services or other content related to LYKKESHOP.COM, Products and Services is accurate, complete, reliable, current, or error-free. If a product offered by LYKKESHOP.COM itself is not as described, your sole remedy is to return it in an unused condition. LYKKESHOP.COM reserves the right, in its sole discretion, to modify, update, change, adjust or otherwise make amendments, at any time, and without prior notice, to its descriptions of the LYKKESHOP.COM Products and Services, warranties and prices, for any reason whatsoever, including without limitation to address errors, product discontinuation, cost adjustments, changing market conditions or any other business or regulatory factors.
JURISDICTIONAL RESTRICTIONS
The Website can be accessed from anywhere worldwide where there is access to the internet and where the Website has not been blocked by a third party. You understand that, due to governmental restrictions in some areas, some or all of the LYKKESHOP.COM, Products and Services may not be available for purchase to persons or entities residing in certain jurisdictions or geographical areas. LYKKESHOP.COM reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any LYKKESHOP.COM, Products and Services to a person or entity residing in any jurisdiction or geographical area where such restrictions apply. LYKKESHOP.COM does not represent or warrant that any LYKKESHOP.COM, Products and Services will be available for purchase by You through this Website, nor through the sites of its authorized distributors. Where jurisdictional limitations affect You and your ability to access LYKKESHOP.COM, Products and Services, You agree not to attempt to redirect LYKKESHOP.COM, Products and Services from other jurisdictions to You and acknowledge that any initiative on your part to do so may be unlawful, and expose You to legal sanctions.
PRICING AND PAYMENT
You understand that You will have to provide credit card or other payment information (the “Information”) to LYKKESHOP.COM or its service providers in order to be able to purchase LYKKESHOP.COM, Products and Services. You represent that You have the authority to provide the Information and that the Information is or will be accurate and complete. LYKKESHOP.COM or its service providers will use the Information to charge You for any LYKKESHOP.COM, Products and Services that You ask to purchase. If You do not wish to provide the Information, LYKKESHOP.COM will not be able to process to your purchase request.
All prices are subject to applicable state/provincial, federal and harmonized sales and goods and services taxes, handling charges and shipping charges. All orders for shipment outside of Canada may be subject to additional taxes, shipping charges, tariffs, customs and duties, all of which shall be paid and provided for solely by You.
YOUR ACCOUNT & CONSENT
You represent and warrant that if you use the Website, You are of age according to prescribed age of majority requirements where you reside and competent to set up an account with LYKKESHOP.COM, provide your consent as required by these Terms of Use and purchase products and services online (if you choose to do so) without the approval of another adult. If You create an account on or through the Website, You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/or devices with which you access the Website. You agree to accept responsibility for all activities that occur under your account or password, even if you designate or authorize another individual to use your account to purchase LYKKESHOP.COM, Products and Services, or otherwise participate in programs and offerings that LYKKESHOP.COM advertises or makes available to the public.
LYKKESHOP.COM may, from time to time, sell LYKKESHOP.COM, Products and Services for children, but it sells them to adults who are age of majority and who can purchase them with a credit card or other permitted payment method. If You have or care for a child under the age of majority according to the place of your residence, your child may only purchase LYKKESHOP.COM, Products and Services from this Website with your supervision and involvement as their parent or guardian. LYKKESHOP.COM reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion for any violation of the conditions relating to the use of your account.
By setting up an account with LYKKESHOP.COM or by consenting to the participation of others in any offerings or programs of LYKKESHOP.COM in connection with your account, You hereby consent to receiving electronic communications regarding LYKKESHOP.COM, including any offers and advertisements by LYKKESHOP.COM, to the email address you provide where the provision of implied consent is permitted under the law where you reside. If the You do not wish to receive such electronic communications, You should advise LYKKESHOP.COM as soon as possible following the establishment of your account and/or enrollment in an offering or program made available by LYKKESHOP.COM, by sending an e-mail to hello@LYKKESHOP.COM.
In instances where positive consent is required by law for You to receive further electronic messages from LYKKESHOP.COM after setting up your account, you will be prompted to provide consent and if you refuse to do so, this may affect your ability to participate in offerings and programs made available by LYKKESHOP.COM.
For additional terms and conditions regarding your account, please go to the part of these Terms of Use outlining the LYKKESHOP.COM, the Privacy Policy.
LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING WITHOUT LIMITATION, THE PROVINCE OF QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS OF LIABILITY MIGHT NOT APPLY TO YOU IN WHOLE OR IN PART, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE LYKKESHOP.COM, PRODUCTS AND SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY LYKKESHOP.COM THROUGH THE WEBSITE AND THE LYKKESHOP.COM, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LYKKESHOP.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE FITNESS FOR PURPOSE OF THE LYKKESHOP.COM, PRODUCTS AND SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR IN ASSOCIATION WITH LYKKESHOP.COM, PRODUCTS AND SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND LYKKESHOP.COM, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AND UNLESS OTHERWISE EXPRESSLY STATED BY LYKKESHOP.COM, LYKKESHOP.COM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS OF PRODUCTS AND SERVICES, INFORMATION, CONTENT, AND MATERIALS FOR A PARTICULAR PURPOSE. LYKKESHOP.COM DOES NOT WARRANT THAT THE LYKKESHOP.COM, PRODUCTS AND SERVICES, INFORMATION, CONTENT, MATERIALS, OTHER PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR IN ASSOCIATION WITH LYKKESHOP.COM, PRODUCTS AND SERVICES, VIA POST, COURIER, GROUND OR AIR DELIVERY, ITS SERVERS, EMAIL OR BY OTHER ELECTRONIC COMMUNICATION/TRANSMISSION, ARE FREE OF DEFECTS, CONTAMINANTS, VIRUSES, MALWARE, SPYWARE, OR OTHER HARMFUL ELEMENTS/COMPONENTS.
LYKKESHOP.COM makes no representations whatsoever about any other third party website or digital platform (“Third Party Site”) which You may access through this site. When You access a Third Party Site, You understand and acknowledge that it is operated by a person or legal entity that is independent from LYKKESHOP.COM, and that LYKKESHOP.COM has no control over the content on any such Third Party Site. In addition, a link to a Third Party Site does not mean that LYKKESHOP.COM endorses or accepts any responsibility for the content, or the use, of such Third Party Site. You are encouraged to review the terms of use and privacy policies of Third Party Sites and it is your responsibility to take precautions to ensure that whatever You select for your use by You is free of such items such as viruses, worms, trojans, and other items of a destructive nature.
LYKKESHOP.COM WILL NOT ASSUME ANY RESPONSIBILITY OR LIABILITY, WITHOUT LIMITATION, FOR ANY COMPUTER, TELEPHONE, CABLE, NETWORK, SATELLITE, ELECTRONIC, OR INTERNET HARDWARE OR SOFTWARE MALFUNCTIONS, FAILURES, CONNECTIONS, AVAILABILITY, OR GARBLED OR JUMBLED TRANSMISSIONS, OR SERVICE PROVIDER/INTERNET/WEBSITE USE (IN)ACCESSIBILITY OR (UN)AVAILABILITY, TRAFFIC CONGESTION, OR UNAUTHORIZED HUMAN INTERVENTION IN YOUR AFFAIRS OR WITH YOUR PROPERTY. LYKKESHOP.COM WILL ALSO NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR ANY LYKKESHOP.COM, PRODUCTS AND SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, OTHER PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR IN ASSOCIATION WITH LYKKESHOP.COM, PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
INDEMNITY
You agree to defend, indemnify, release and hold LYKKESHOP.COM (which includes its affiliates and related companies) harmless from any and all liabilities, costs, and expenses, including reasonable legal fees, related to the violation of these Terms of Use by You or users of your account, or in connection with the use of the Website, use of LYKKESHOP.COM, Products and Services or the placement or transmission of any information or other materials on the Website by You or users of your account, including but not limited to all claims resulting in connection with content You supply in your communication or engagement with LYKKESHOP.COM in any forum, medium or context.
RETURNS, EXCHANGES, REFUNDS, TITLE AND RISK OF LOSS
All items purchased from LYKKESHOP.COM are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon LYKKESHOP.COM’s delivery to the carrier.
LYKKESHOP.COM does not take title to returned items until the item arrives at LYKKESHOP.COM’s fulfillment centre. All returns and exchanges are to be done according to LYKKESHOP.COM’s Returns and Exchanges policy, as may be amended from time to time.
COPYRIGHT NOTICE
All materials published or otherwise accessible through the Website including, but not limited to, news articles, text, photographs, images, illustrations, audio clips, video clips, software, and other materials (the "Content") are protected by Canadian and international copyright laws, and are owned or controlled by LYKKESHOP.COM and any others which may own copyright or the party credited as the provider of the Content. All Website visitors and users shall abide by this copyright notice and all additional copyright notices, information, and restrictions contained in the Content. All Website visitors and users shall also abide by all additional copyright notices, information, and restrictions contained in any content accessed through the Website at Third Party Sites.
TRADEMARKS
The trademarks (word and service marks), logos and designs, domains, hash tags, other tags, icons and branding elements, including but not limited to, LYKKE (collectively the "Trademarks") as may or may not be displayed on the Website, are registered and unregistered Trademarks of LYKKESHOP.COM and others. Unless expressly permitted by LYKKESHOP.COM in writing, nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on the Website without the express written permission of LYKKESHOP.COM or such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms of Use, is strictly prohibited. You are also advised that LYKKESHOP.COM will aggressively enforce its trademark and other intellectual property rights to the fullest extent of the law, including seeking civil remedies and criminal prosecution.
COMMUNICATIONS
When You use any LYKKESHOP.COM, Products and Services or send email to LYKKESHOP.COM, You are communicating with LYKKESHOP.COM electronically and you thereby consent to receive communications from LYKKESHOP.COM electronically. LYKKESHOP.COM will communicate with You by email or by posting notices on the Website or through other forums and platforms used to communicate regarding LYKKESHOP.COM Products and Services. You agree that all agreements, notices, disclosures, and other communications that LYKKESHOP.COM provides to you electronically satisfy any legal requirement that such communications be in writing.
LYKKESHOP.COM may, at its sole discretion from time to time, allow You and other users of the Website to post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content You provide. LYKKESHOP.COM does not regularly review posted content, but reserves the right to remove or edit such content, but without any obligation to do so unless required by law.
If You do post content or submit content to LYKKESHOP.COM (and you are under no obligation to do so), You grant LYKKESHOP.COM a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media, unless such a grant is prohibited by law. You grant LYKKESHOP.COM and sublicencees the right to use the name that You submit in connection with such content, if they choose, unless such a grant is prohibited by law. You represent and warrant that You own, have an unrestricted license with an unrestricted right to sublicense, or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate the Terms & Policy and will not cause injury to any person or entity. LYKKESHOP.COM has the right, but not the obligation, except where otherwise prescribed in law, to monitor, edit or remove any record of your activity or content You post in relation to LYKKESHOP.COM, or LYKKESHOP.COM, Products and Services. LYKKESHOP.COM assumes no liability for any content posted by You or any third party.
#LYKKESHOP.COM, , other hashtags and tags LYKKESHOP.COM may, from time to time, encourage people to post photos and other content to third-party social media platforms (e.g. Twitter, Facebook, Instagram, etc.) displaying LYKKESHOP.COM, products and/or other content about or concerning LYKKESHOP.COM and “tagging” such content with LYKKESHOP.COM
RECOURSE
If You are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices of LYKKESHOP.COM in operating the Website (i.e. the Terms & Policy), your sole and exclusive remedy, unless as may be otherwise expressly stated, or available in law, is to discontinue using the Website, and/or follow the process(es) which apply to your circumstances in accordance with the Privacy Policy.
GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the province of Ontario and the applicable federal laws of Canada. In the event of a dispute, any formal actions shall proceed in a court of competent jurisdiction in Ottawa, Ontario. These Terms of Use expressly exclude the United Nations Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (Ontario) as amended, replaced or re-enacted from time to time. Unless otherwise prescribed by law, You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against LYKKESHOP.COM related to the Website, the use of LYKKESHOP.COM, Products and Services or these Terms of Use and, where, applicable, You also agree to opt out of any class proceedings against LYKKESHOP.COM.
MISCELLANEOUS
These Terms of Use, including any and all documents (e.g. policies and programs) referenced, constitutes the entire agreement between LYKKESHOP.COM and You pertaining to the subject matter of these Terms of Use. LYKKESHOP.COM's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms of Use are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. LYKKESHOP.COM reserves the right to modify, supplement or supersede these Terms of Use at its sole option, at any time and without notice to You. These Terms of Use shall ensure to the benefit of and be binding upon the parties and their respective heirs, administrators, executors, successors and permitted assigns. The parties have requested that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.