Terms and Conditions
The Loupe, LLC (“The Loupe,” “us” or “we”) is pleased to provide you with access to our website: http://theloupempls.com (the “Site”). Please read these Terms and Conditions (these “Terms and Conditions,”) prior to making an online purchase on our Site. By accessing our Site, or purchasing items through our Site, you agree to be bound by these Terms and Conditions. We encourage you to review these Terms and Conditions prior to making any purchase through the Site so you are informed of the terms and conditions that apply to your purchase. If at any time, you do not agree with these Terms and Conditions, please do not purchase any items from our Site.
We reserve the right to change or modify these Terms and Conditions at any time and in our sole discretion. If we make changes to these Terms and Conditions, we will post those amended Terms and Conditions to our Site and revise the “Last Updated” date above.
1. Setting up a User Account
You may set up a user account in order to fully-utilize all aspects of our Site. You agree to provide only accurate and true information in connection with the creation of your account, and to update your information as necessary so it remains accurate and current. You may not transfer your account to any third party. You are responsible for any and all activities that occur under your account and for keeping your account login information confidential. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or other breach of security on our Site.
2. Pricing; Availability
All items offered for sale through the Site are subject to availability. We reserve the right to limit the quantity of items purchased on any order, reject all or any part of an order placed through our Site, and discontinue offering items without prior notice, even if you have already placed an order for an item. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. All prices are subject to change without notice.
If an item you are interested in purchasing is not listed on the Site or is listed on the Site as "Please Call for Availability, it may not be available for ordering from our online inventory; however, the item may be available within a short time window. Please contact us at 612-339-1588 or email us at firstname.lastname@example.org if you have any questions regarding the availability of an item.
3. Purchases from our Site; Cancellation of an Order
The Loupe currently accepts the following credit cards: Visa, MasterCard, Discover, and American Express. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e., the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay or in some instances prevent the processing of your order. Your credit card will be billed upon shipment of your order.
5. Shipping and Delivery
The Loupe will ship your order as it becomes available and after payment has been received. Generally, an order will ship the same day if ordered by 2:00PM (Central Time), or by the next business day if your order is received after this time and for orders received on Saturday, Sunday or any major holiday. The Loupe cannot guarantee when an order will arrive. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability. There may be times when an item you have ordered is out-of-stock or cannot be immediately shipped, which will delay fulfilling your order. Delivery of these products varies and depends on individual production timelines. The Loupe will keep you informed of any products that you have ordered that are out-of-stock or unavailable for immediate shipment and provide an estimate of these delivery timeframes. The Loupe will determine its ability to ship internationally on a case-by-case basis. You agree to pay any applicable shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time; however, we will provide notice of any applicable changes before you make any purchase. Unless we expressly state otherwise, risk of loss or damage to an item passes to you upon delivery of the item to your specified delivery location.
6. Returns, Exchanges and Refunds
Your satisfaction is our goal. We accept returns of unworn stock purchases, less shipping costs, within 14 days of purchase. If returned between 15 and 30 days of purchase, an exchange, or merchandise credit to be used on a future purchase will be granted. The Loupe is not obligated to offer an exchange or merchandise credit beyond 30 days after the date of purchase. To return or exchange an item, or receive a merchandise credit for an item, the item must be received unworn and in its original condition for the return or exchange to be processed. All refunds will be issued to the original form of payment. Shipping charges will not be refunded. Special orders and customized orders are non-refundable and cannot be returned.
To return, exchange or receive a merchandise credit for an item you purchased through the Site in accordance with these Terms and Conditions, you must first contact The Loupe at 612-339-1588 or by email at email@example.com. Any approved returned or exchanged item must be shipped, prepaid and insured, to us at:
212 3rd Ave N Ste. 106
Minneapolis, MN 55401
The customer bears the risk of loss on any item returned to The Loupe. The Loupe must receive the item within the periods required by this Section 5 in order to return, exchange or offer a merchandise credit for an item, as applicable.
Refunds are processed as soon as possible once your returned item is received and inspected. Payment refund processing times vary according to the payment method. Processing times for credit cards vary by issuer, as do processing times for a return in the form of a check.
We will send an email copy of the Return Receipt at the time it is processed.
For a gift, a merchandise credit or exchange will be issued for the full value of the merchandise when accompanied by a gift receipt so long as the item is returned or exchanged within the applicable time period set forth in this Section 5. Deposits on special orders are non-refundable and cannot be returned or exchanged.
We always attempt to be as accurate as we can with all information presented and to promptly change or delete errors on our Site; however, we do not represent or warrant that the descriptions, pricing or other information on the Site is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel your order and refund any amount charged.
Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.
9. Disclaimers and Limitations on Liability
The information, services, products offered for sale and materials contained in and/or advertised on the Site are provided “as is” and “as available’ without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LOUPE AND ITS OFFICERS, DIRECTORS, AGENTS, PARTNERS, AFFILIATES AND EMPLOYEES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS THAT MAY BE INCURRED BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED TO (I) THESE TERMS AND CONDITION, (II)YOUR THE USE OF, OR INABILITY TO USE, THE SITE OR (III) ANY ITEMS PURCHASED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OR ITEMS OBTAINED FROM US, WHETHER OR NOT THE LOUPE HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LOUPE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE ITEMS PURCHASED THROUGH THE SITE AND THESE TERMS AND CONDITIONS WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO THE LOUPE FOR SUCH ITEMS PURCHASED.
You agree to indemnify and hold The Loupe and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by The Loupe, directly or indirectly, with respect to or arising out of (i) your failure to comply with these Terms and Conditions and your obligations hereunder, or (ii) your use of the Site.
All content and materials on the Site, such as text, graphics, logos, button icons, images, audio clips and software, is owned, controlled or licensed by The Loupe and protected by U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited.
12. Applicable Law and Jurisdiction
The Site is operated by The Loupe from the United States, and we do not represent or warrant that use of the Site, the services provided by The Loupe thereunder, or any component thereof is lawful in other jurisdictions. Access to the Site from jurisdictions where such access is illegal is prohibited. All matters arising from or relating to these Terms and Conditions and the use and operation of the Site shall be governed by the substantive laws of the State of Minnesota, without regard to its conflicts of laws principles. Without derogation of the obligation to arbitrate set forth in Section 12 ("Dispute Resolution") below, you agree to submit to the personal jurisdiction of the state and federal courts located in Minneapolis, Minnesota, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota in each case located in the City of Minneapolis, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in any jurisdiction where you reside or are otherwise subject to jurisdiction. If you gain access to the Site or the services provided by The Loupe thereunder from locations outside the United States, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Site or the services provided by The Loupe hereunder in violation of U.S. export laws or regulations.
13. Dispute Resolution
All disputes arising out of or relating to the Site, these Terms and Conditions or the services provided by The Loupe that are not resolved by mutual agreement shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect (for information on the AAA and its rules, see www.adr.org.) and the further procedures set forth herein, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. The arbitration shall be conducted in Minneapolis, Minnesota. If the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq. Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and YOU WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to this Agreement, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
14. Termination of Service
You may discontinue your use of the Site at any time. We may terminate your user account or right to access all or portions of the Site at any time, without notice, for any reason or for no reason or for conduct that we believe violates these Terms and Conditions and/or is harmful to other users, to The Loupe, to other service or information providers, or to any third parties. The other terms of these Terms and Conditions, including but not limited to any outstanding obligations between you and us, and all remedies for breach will survive and remain enforceable and in full force and effect.
No delay or omission by The Loupe in exercising any of its rights under these Terms and Conditions will impair any such right or be construed to be a waiver thereof, and a waiver by The Loupe of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, then the remaining provisions of these Terms and Conditions will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. As used in these Terms and Conditions, "including" means "including but not limited to." Except as otherwise expressly provided herein, these Terms and Conditions set forth the entire agreement between you and The Loupe regarding the subject matter hereof, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer your rights or obligations under these Terms and Conditions to any third party. You agree that the electronic text of these Terms and Conditions constitute a writing and your assent to the terms and conditions hereof, expressed through use of the Site, constitutes a “signing” for all purposes.
You consent to receive communications from us electronically, and you agree that we may communicate with you by email, by posting notices on the website, or by making changes to these Terms and Conditions. You agree that all agreements, notices, disclosures and other communications that we provide to you, or that you provide to us, electronically satisfy any legal requirement that such communications be in writing. We are not responsible for any automatic filtering that may be applied to any email notices that we send to any email address you have provided.
If you have any questions regarding the Terms and Conditions, please contact us at firstname.lastname@example.org.