Customer Agreement

Customer Agreement

 

Each time you purchase from our websites or mobile apps (hereinafter “sites”), you agree to be bound by the following terms of the Customer Agreement. Cheeky Apparel, LLC, d/b/a Lullipop (hereinafter “Lullipop”) may periodically make changes to provisions of the Customer Agreement. You are hereby put on notice that you are obligated to review the Customer Agreement each time you make a purchase so that you can make yourself aware of any changes.  By clicking “I accept the Customer Agreement,” you certify that have read the Customer Agreement and the terms and conditions applicable to your purchase at that time. By agreeing to the Customer Agreement, you also agree to privacy policy and terms of use relating to our sites. 

 

Merchandise Availability and Product Information


The products offered for sale are those described and available on the sites within the limit of available product stock. Information is updated in real time and merchandise availability on our sites is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email and your order will be cancelled. Lullipop is not liable in case of an order cancellation because of stock depletion. Despite the best efforts to satisfy the client expectations, Lullipop may cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.

 

Order Confirmation and Cancellation

 

By placing an order on our sitesthe customer accepts all provisions of the Customer Agreement. An email confirmation summarizing the order details and shipment information will be sent to the customer. For this purpose, customers accept the use of email for receiving notices concerning their order. Lullipop reserves the right to refuse or cancel any order placed by a customer if there is an existing dispute concerning the payment of a previous order of an objective suspicion of fraud. Despite the best efforts to satisfy customer expectations, Lullipop may cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.

Delivery 

Delivery prices applied to an order are indicated on the sites prior to the customer’s placement of the order. Once Lullipop has delivered the order to the delivery carrier, the carrier shall be responsible to ensuring the delivery of the package. The delivery shall be made to the delivery address indicated by the customer at the time of placement of the order. Customer must make sure that they have provided accurate and complete information concerning the delivery address, including but not limited to, house number, building number/name, street address, access codes, names and/or numbers for the intercom, etc. If the carrier is unable to deliver the products at the address indicated by the customer, products will be returned to Lullipop, and Lullipop will refund customer within thirty (30) days of the receipt of said product(s) by Lullipop. Lullipop shall not be liable of any direct or indirect damage resulting from any delivery delays.  

 

 

Returns and Refunds 

 

Any returned items must be returned to Lullipop within thirty (30) days of the date of purchase. After such thirty (30) days, the sale is final. The product(s) shall be returned with its original condition without being worn or washed, with the original labels, stickers, and protectant seals attached and in original packaging. If returned item has any visible markings, stains, stretching, or other flaws that suggest item has been used or washed, Lullipop reserves the right to not fulfill the return and the items will be returned to the customer. Once the returned item has been received and checked for quality, the customer will be notified of receipt of the item within 48 hours (during regular business hours). The customer will receive a refund within 5 business days from the date of such notification. Customers must use the prepaid shipment label in order to facilitate the reimbursement of the order and shipping costs will be deducted from customer’s overall return. 

Refunds will be made through the same payment means used to pay for the product order. If the payment method has expired, the customer shall contact customer service to update the payment method. Refunds for orders made using a gift card shall be paid with a gift card of the same amount, minus costs associated with shipping the return. 

If the customer does not adhere to these terms of the Customer Agreement, including conditions of return or exchange, Lullipop is not responsible for processing a refund for the products in question.  

Visible Defects


While Lullipop takes the greatest care in the manufacture and shipment of their products, if a visible defect is apparent at the time of delivery, the customer shall notify customer service GCC@lullipop.com within 3 days from the date of delivery. This notice should contain the order number, photo of the defect, and description of the defect in order to begin the return or exchange process. If a defect is confirmed by Lullipop, Lullipop shall refund or exchange the product, depending on the nature of the defect. The customer is not required to send back the defective item in order to receive the refund or exchange.  

 

Liability

 

Lullipop’s liability under this Customer Agreement shall be limited to money damages in an amount equal to the sale price of each product of which the damages are alleged to have occurred. This liability shall be the extent of Lullipop’s liability, regardless of the form in which any legal or equitable action may be brought, and the foregoing shall constitute customer’s exclusive remedy. In no event will Lullipop be held liable or be responsible for any consequential, special, indirect, incidental, or punitive loss or damages, including but not limited to loss of use, loss of profits, business interruption, or liabilities to third parties arising from any source, whether Lullipop knew or should have known of the likelihood of any loss or damages. Lullipop disclaims all warranties express or implied with respect to the services rendered under this agreement, including without limitation the warranty of merchantability and warranty of fitness for a particular purpose.

Non-Waiver

Lullipop’s failure to insist upon or enforce strict performance of any provision of this Customer Agreement shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of this Customer Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. 

 

Choice of Law

 

This Customer Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. You agree that any legal action or proceeding between you and Lullipop for any purpose concerning this Customer Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Mecklenburg County, North Carolina, United States. Any cause of action or claim you may have with respect to Lullipop must be commenced within one (1) year after the claim or cause of action arises.

 

Pronouns

 

All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identity of the person(s), firm(s) or corporation(s) may require.

Complete Agreement

 

This Customer Agreement constitutes the complete and exclusive statement of the agreement between you and Lullipop with respect to the services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between you and Lullipop concerning the services.