LOONIETICKETS Terms And Conditions
For those customers who order products or services through LOONIETICKETS Website or Mobile App.
LAST REVISED: June 18th, 2019
You should carefully read the following Terms and Conditions (“Terms of Sale“). By placing an order to purchase a product and/or a service on or through LOONIETICKETS.com, (“LOONIETICKETS.com”), you agree to be bound by this legal contract and you acknowledge that you are at least 18 years old or that you have the permission from your parents or a legal guardian to enter into this legal contract.
Section A – Terms Of Sale Applicable To All LOONIETICKETS Online Purchases
LOONIETICKETS shall have the right at any time, prior to LOONIETICKETS acceptance of your order, to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. Any prices, quotations and descriptions made or referred to on the LOONIETICKETS.com are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to LOONIETICKETS’s express acceptance of your order (as described below). LOONIETICKETS reserves the right to notify you of any mistakes in Product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfilment of the order, you acknowledge that the product or service will be provided in accordance with such revised description or corrected price.
Different payment methods may be available to you when making a purchase through LOONIETICKETS.com. When you use third party payment and billing providers, such as PayPal, that provider’s additional terms, and costs, may apply. It is your obligation to pay all local taxes associated with the receipt or use of the goods which you purchase from LOONIETICKETS.
Depending on your country of residence, and the particular LOONIETICKETS Online Service that you use to make a purchase, you may be able to choose from several different currencies to purchase goods online from LOONIETICKETS.
LOONIETICKETS may, from time to time, change, modify or update these Terms of Sale, and the revised Terms of Sale will apply to all subsequent purchases. You agree that you will review the Terms of Sale before any purchase. For easier reference, LOONIETICKETS will change the “Last revised” date above.
Limitation Of Liability.
To the maximum extent permitted by applicable law, LOONIETICKETS will not be liable for damages of any kind arising from the use of the LOONIETICKETS.com, including, but not limited to any indirect, incidental, punitive, special or consequential damages. In no event shall LOONIETICKETS’s aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to LOONIETICKETS during the thirty (30) days immediately prior to the time such claim arose.
You shall indemnify LOONIETICKETS against any and all liabilities, claims and costs incurred by, or made against, LOONIETICKETS as a direct or indirect result of LOONIETICKETS performing Services or carrying out any work on or to the products where this has been done to your (or your representative’s) specific requirements or specifications; causing an infringement or alleged infringement of any proprietary rights of any third party. To the fullest extent permitted by law, and save where expressly set out in any License Terms or in any other agreements between the parties, LOONIETICKETS shall have no liability to you in the event of the products or services infringing or being alleged to infringe the proprietary rights of any third party. In the event that the products are or may be the subject of patent, copyright, database right, registered design, trademark or other rights of any third party, you should refer to the relevant terms of the product manufacturer and/or licensor/owner. LOONIETICKETS shall only be obliged to transfer to you only such right or title as LOONIETICKETS has.
The Terms of Sale shall be governed by and construed in accordance with the law of the State of Delaware, excluding its conflicts of law rules and excluding the UN Convention on Contracts for the International Sale of Goods. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 (“Act”) may apply to the purchase of tangible goods and/or services supplied by LOONIETICKETS to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement.
Place Of Jurisdiction.
To the fullest extent permissible under applicable law, you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Sale shall be a court of competent jurisdiction located in Los Angeles, California, the United States.
LOONIETICKETS shall not be liable to you, nor held in breach of contract, for any loss or damage which may be suffered as a direct or indirect result of LOONIETICKETS being prevented, hindered or delayed in the performance by circumstances beyond LOONIETICKETS’s reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event LOONIETICKETS may elect to cancel your order and refund any payments made.
You Acknowledge That These Terms Of Sale Supersede And Cancel All Previous Contracts Or Agreements Whether Oral Or Written, Express Or Implied, Between LOONIETICKETS And You With Regards To Your Ability To Purchase Goods Or Services From LOONIETICKETS.com. These Terms Of Sale Prevail Over Any Other Terms Or Conditions Contained In Or Referred To Other Agreements Between The Parties Or Implied By Trade, Custom Or Course Of Dealing. Any Purported Terms Or Conditions To The Contrary Are Hereby Excluded To The Fullest Extent Legally Permitted.
Section B – Terms Of Sale For Digital Content And Services
Orders For Digital Content And Services.
By placing an order on the LOONIETICKETS.com Shop, you agree that you are submitting a binding offer to purchase digital content, such as digital versions of LOONIETICKETS products (“Digital Content”) or service from LOONIETICKETS. Based upon your billing address, LOONIETICKETS will collect sales tax on your behalf and remit payment to the state government in states where digital goods are taxable. Your order is accepted and a contract concluded once LOONIETICKETS has sent you a Confirmation Email (“Confirmation Email”). YOU HEREBY EXPRESSLY AGREE THAT THE SUPPLY OF DIGITAL CONTENT AND THE PERFORMANCE OF LOONIETICKETS SERVICES BEGINS IMMEDIATELY AFTER THE CONFIRMATION EMAIL IS SENT. In the case of pre-orders, the performance begins when LOONIETICKETS adds the respective license to your LOONIETICKETS.com account after sending you a Confirmation Email.
All Sales For Digital Content Or Services Are Final.
No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
Section C – Terms Of Sale For Physical Products
Pricing – Physical Products
The prices listed for physical goods available through LOONIETICKETS.com (referred to herein as “Merchandise”) do not include shipping, handling or taxes, if applicable. Prior to checking out, LOONIETICKETS will add all applicable shipping, handling and taxes to the price for the Merchandise you are purchasing. Based upon your billing address, LOONIETICKETS will collect sales tax on your behalf and remit payment to the state government in states where the sale of Merchandise is taxable. LOONIETICKETS also reserves the right to notify you of any mistakes in Product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfilment of the order, you acknowledge that the Merchandise will be provided in accordance with such revised description or corrected price.
Orders For Merchandise.
By placing an order for Merchandise through LOONIETICKETS.com, you agree that you are submitting a binding offer to purchase the Merchandise from LOONIETICKETS.. Your order is accepted and a contract concluded once LOONIETICKETS sends you a Confirmation Email.
Merchandise will be shipped F.O.B. Edmonton, Alberta, unless LOONIETICKETS designates otherwise on LOONIETICKETS.com. International customers hereby acknowledge and agree that: (i) Merchandise is shipped from Canada; and (ii) you are solely responsible for any and all applicable import duties, customs fees, and taxes.
Delivery timescales/dates specified for the delivery of Merchandise to you, in any order acknowledgement, acceptance or elsewhere are estimates only, and while LOONIETICKETS endeavours to meet such timescales or dates, LOONIETICKETS does not undertake to dispatch products and/or commence services by a particular date or dates and shall not be liable to you in respect of delays or failure to do so. Merchandise delivery shall be to a valid address to the address submitted by you, and once LOONIETICKETS delivers the Merchandise to a transportation carrier at the designated shipping point, LOONIETICKETS’s liability as to delivery ceases, and title and risk of loss passes to you.
With regards to purchases of Merchandise from LOONIETICKETS’s Online Services, note that you shall have a period of thirty (30) days following your receipt of Merchandise to examine it to confirm that it conforms to this Agreement and the offer made by LOONIETICKETS. You may reject the Merchandise by returning it to LOONIETICKETS (at your expense) along with a copy of the receipt or other proof of purchase if the Merchandise does not conform to this terms of this Agreement and the offer made by LOONIETICKETS. After LOONIETICKETS has received your valid return, LOONIETICKETS will either: (i) repair the Merchandise, (ii) replace the Merchandise with an item of equivalent value; (iii) credit to the credit card used to pay for the product an amount equal to the value of the Merchandise (as determined by LOONIETICKETS in its reasonable discretion), or (iv) provide another remedy which LOONIETICKETS determines in good faith is appropriate in the specific circumstances. Lastly, note that all claims, whether based on contract, negligence, strict liability or otherwise are waived unless made in writing and received by LOONIETICKETS within thirty (30) days after your receipt of Merchandise