Terms of Use



          Welcome.  Please take a few minutes to review the Terms and Conditions.  Your use of this website constitutes your agreement to follow and be bound by the terms of this agreement.  If you don't agree please don't use this site.

          CHANGES.  We reserve the right to modify at any time without prior notice the information contained within the Terms and Conditions.  Your use of the website constitutes agreement to the terms as modified.

          ELECTRONIC COMMUNICATIONS.  When visiting our website you are establishing electronic communication.  We will communicate with you by e-mail or by posting notices on this site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

          COPYRIGHT.   All content on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of LuckyBambooShop.com or its content suppliers and protected by United States and international copyright laws.  The compilation of all content on this site and all software used on this site is the exclusive property of LuckyBambooShop.com or its software suppliers and protected by United States and international copyright laws.

          LICENSE AND SITE ACCESS.  LuckyBambooShop.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of LuckyBambooShop.com.  This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices;  any derivative use of this site 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.  This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of LuckyBambooShop.com.  You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of LuckyBambooShop.com and our affiliates without express written consent.  You may not use any meta tags or any other "hidden text" utilizing LuckyBambooShop.com's name or trademarks without the express written consent of LuckyBambooShop.com.  Any unauthorized use terminates the permission or license granted by LuckyBambooShop.com.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of LuckyBambooShop.com so long as the link does not portray LuckyBambooShop.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.  You may not use any LuckyBambooShop.com logo or other proprietary graphic or trademark as part of the link without express written permission.

          YOUR ACCOUNT.   If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  LuckyBambooShop.com does sell products for children, but it sells them to adults, who can purchase with a credit card.  If you are under 18 you may use LuckyBamboo Shop.com only with involvement of a parent or guardian.  LuckyBambooShop.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders to their sole discretion.

          If you post content or submit material, and unless we indicate otherwise, you grant LuckyBambooShop.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media.  You grant LuckyBambooShop.com and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.  You represent and warrant that you own or otherwise control all of the rights to the content that you post;  that the content is accurate;  that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify LuckyBambooShop.com or its affiliates for all claims resulting from content you supply.  LuckyBambooShop.com has the right but not the obligation to monitor and edit or remove any activity or content.  LuckyBambooShop.com takes no responsibility and assumes no liability for any content posted by you or any third party.

          RISK OF LOSS.   All items purchased from LuckyBambooShop.com are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

          PRODUCT DESCRIPTIONS.   LuckyBambooShop.com and its affiliates attempt to be as accurate as possible.  However, LuckyBambooShop.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current or error-free.

          SITE POLICIES.   We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time.  If any condition shall be deemed invalid or unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of the remaining conditions.

          PRICING.   If we discover a mispricing we will either contact you or ship the product out at a lower price.

          CUSTOMER MESSAGING.   LuckyBambooShop.com offers customer messaging as a courtesy only to our customers. We will attempt to be as accurate as possible, but are not responsible any errors in transmission or omission. Messages with questionable nature or in a language other than English will not be sent at our discretion. Lucky BambooShop.com does not charge for this service and customer messaging has no monetary value.  Customers use this service at their own risk.

          RETURNS AND REPLACEMENTS.   We guarantee that plants will arrive in good condition or we will exchange them.  All boxes carry insurance in case of lose or breakage.  If you have a problem with your order you will need to contact us within 24 hours of receiving your order so that we are able to file an insurance claim and complete the subsequent exchange.  Notify us promptly of shortages, missing items, incorrect items, damage to plants or damage to contents.  Photographs of damaged plants and packaging will be required.  Returns are subject to a 15% restocking fee.  Original shipping, handling charges, return shipping costs and restocking fees are not refundable.

          DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.       This site is provided by LuckyBambooShop.com on an "as is" and "as available" basis.  LuckyBambooShop.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site.  You expressly agree that your use of this site is at your sole risk.

          To the full extent permissible by applicable law, LuckyBambooShop.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.  LuckyBambooShop.com does not warrant that this site, its servers, or e-mail sent from LuckyBambooShop.com are free of viruses or other harmful components.  LuckyBambooShop.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

          Certain state laws do not allow limitation on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

          APPLICABLE LAW.   By visiting LuckyBambooShop.com, you agree that the laws of Colorado, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and LuckyBambooShop.com or its affiliated.

          SITE POLICIES, MODIFICATION AND SEVERABILITY.    Please review our other policies, such as our pricing policy, posted on this site.  The policies also govern your visit to LuckyBambooShop.com.  We reserve the right to make changes to our site, policies, and the Terms and Conditions at any time.  If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.