THESE TERMS AND CONDITIONS (“Agreement”) are made and entered into by and, between You (“Client”, “You” or “Your”) and RAC LIFESTYLE, LLC a New York limited liability company ("RAC Lifestyle," the “Company, “We,” “Us,” or “Our”) with corporate offices at 1100 Park Avenue New York, NY 10128 establishing terms and conditions under which You will submit information to, and receive items via delivery (each an “Item” and collectively the “Items”) and receive related services “Services” from RAC Lifestyle via our website: www.shopraclifestyle.com.
Table of Contents
WHAT WE DO.. 2
CUSTOM ORDERS. 3
RETURNS AND REFUNDS. 3
INTELLECTUAL PROPERTY. 4
DISCLAIMERS; NO WARRANTIES. 4
INDEMNIFICATION; HOLD HARMLESS. 5
AMENDMENTS TO OUR TERMS & CONDITIONS. 5
DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER. 5
CLASS ACTION WAIVER. 7
GOVERNING LAW AND VENUE. 7
ENTIRE AGREEMENT. 7
SEVERABILITY AND WAIVER. 7
FORCE MAJEURE. 8
CONTACT INFORMATION.. 8
WHAT WE DO
Random Acts of Creativity (“RAC Lifestyle”) is a unique retail platform showcased like a gallery for young creative minds. As creators ourselves from different cultural backgrounds, we share a common artistic vision in which minimalism meets bohemian eccentricity, inspiring to change the way we shop into a more interactive and global experience.
The fees for our items (depending on the size and/or packages chosen) taxes and delivery charges (“Fee”), are listed on the Website. When You place Your order, You hereby authorize RAC Lifestyle to charge Your credit or debit card for the Fee displayed in Your confirmation page for the Fee. RAC Lifestyle will charge Your credit or debit card the amount of the Fee immediately upon Your order. You hereby acknowledge and agree that RAC Lifestyle may use a third-party credit card processor which may have its own terms and conditions. RAC Lifestyle does not accept any responsibility for actions taken by the third-party processor. Orders may be placed online. RAC Lifestyle gladly accepts Visa, MasterCard, American Express, Visa Debit, JCB, and Discover
RAC Lifestyle may at any time change the pricing, availability, descriptions or features, of any items sold. We reserve the right to change pricing on items, deliveries and other Services at the sole discretion of RAC Lifestyle. Such changes shall be effective immediately upon the posting of such new pricing. In the event a typographical error occurs on the Website or Application in pricing, description, or other information we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price or with the incorrect description. In the event the payment has already processed we will issue a credit to Your account for the amount paid.
Discounts, promotions and store credits may not be combined. Discounts on subscriptions may be altered from time to time as reflected in our terms and conditions. We may refuse to provide such discounts for any reason including but not limited to: mistake, fraud, inaccurate information, financial hardship, sale or transfer of part of all of the company, at Our sole discretion. We reserve the right without prior notice to (i) impose conditions or refuse to honor any coupons or promotions (ii) limit availability of any given product or service.
Availability. We do our best to ensure product availability for our customers. The foregoing notwithstanding, most of our products are produced in limited quantities and accordingly, some products may become unavailable without prior notice. RAC Lifestyle does not guarantee the availability of any product or style to its customers. In the event an order is placed for a product which is not available, you will be notified by customer service and issued a store credit to purchase alternative products.
Delivery Time. Delivery times presented in Your confirmation are meant only as estimates and are not guaranteed.
Receipt of Delivery. Upon delivery of the items, You bear full responsibility for an item You have ordered. By providing a shipping address other than Your own, You represent that You have permission to use this address. A “Secure Shipping Address”, a location where an individual can physically receive items is highly recommended. In the event that a non-secure shipping address is provided, RAC Lifestyle does not bear liability for Items left unattended. Furthermore, providing a non-secure shipping address could result in the item being lost, stolen, damaged, or additional delivery delays. RAC Lifestyle does not bear liability for these potential risks. You authorize Us to share Your information with necessary third parties.
RETURNS AND REFUNDS
Returns will be allowed within 14 days of the date of the order receipt. To request a return, please email email@example.com within 7 days of receipt, indicate in the subject line the order number, and reason for return. Once there is confirmation of the return, RAC will provide a shipping label. The order must be returned in the original condition. RAC will not accept a return on merchandise that has been washed, worn, damaged after receipt, or missing the original tags and packaging. Items shall be returned new, unused and in the original condition sent, including the product’s original packaging, bags, tags, hangers, and boxes. Unless received faulty or damaged, there are no returns for jewelry, books, vintage pieces, artwork, or custom items. Items listed as on sale are ineligible for return. RAC is not responsible for the delivery cost.
International customers must include any and all commercial invoices with returns. For international shipping returns, please note customs, duties, and sales tax are non-refundable. Please note that orders must be returned from within the same country they were originally shipped to.
Our Services and Website are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws, including but not limited to the rights and to RAC Lifestyle trademark and the copyright ownership in and to the images and content made available through our Website. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Website. You also agree not to change, translate, or otherwise create derivative works therefrom.
DISCLAIMERS; NO WARRANTIES
- EXCEPT FOR THE LIMITED WARRANTIES SET FORTH HEREIN, THE SERVICES AND ITEMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, RAC LIFESTYLE DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING RAC LIFESTYLE CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF HARMFUL COMPONENTS, OR (V) THE ITEMS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.
- UNDER NO CIRCUMSTANCES SHALL RAC LIFESTYLE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR ITEMS, EVEN IF RAC LIFESTYLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THIS AGREEMENT.
INDEMNIFICATION; HOLD HARMLESS
To the fullest extent permitted by law, You agree to indemnify and hold Us harmless together with Our officers, directors, shareholders, employees, contractors, attorneys, agents and representatives from and against all claims, damages, losses and expenses of any kind including but not limited to attorney's fees, arising out of or resulting from the Items or the products.
AMENDMENTS TO OUR TERMS & CONDITIONS
We reserve the right to change this Agreement from time to time, and post the new version on our Website. The new version of this Agreement will take effect on (a) the date falling thirty (30) calendar days after the date of such posting (or such later date as we indicate in the relevant posting) if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting You, or (b) immediately upon the date of posting or such later date as we indicate in the relevant posting if the changes are not capable of adversely affecting You, examples of which would include, without limitation: (i) changing the name of the web address (
DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
You agree that in the event of any dispute between You and RAC Lifestyle, You will first contact RAC Lifestyle and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to Your use of RAC Lifestyle’s Services and/or products, or relating in any way to RAC Lifestyle’s communications with You, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to You and RAC Lifestyle. However, this arbitration agreement does not (a) govern any Claim by RAC Lifestyle for infringement of its intellectual property or access to the services that (including the Website) that is unauthorized or exceeds authorization granted in these Terms or (b) bar You from making use of applicable small claims court procedures in appropriate cases.
IF YOU ARE AN INDIVIDUAL YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF THE FIRST OF THE DATE YOU ACCESS THIS WEBSITE OR APPLICATION OR THE DATE YOU RECEIVE ANY SERVICES BY FOLLOWING THE PROCEDURE DESCRIBED BELOW.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that You and RAC Lifestyle are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
If You wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, You must send a letter requesting arbitration and describing Your claim to RAC Lifestyle, LLC at 1100 Park Avenue New York, NY 10128. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules including, if You are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If You are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org.
The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location. The arbitration will be conducted in the English language. New York law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.
If You do not want to arbitrate disputes with RAC Lifestyle and You are an individual, You may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of the date You access the Website or the date You receive any Services.
CLASS ACTION WAIVER
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the arbitration section, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, You and RAC Lifestyle each waive any right to a jury trial.
GOVERNING LAW AND VENUE.
These Terms are governed and interpreted pursuant to the laws of the State of New York, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a state or federal court located in New York, New York, and You specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
These Terms are the entire agreement between You and RAC Lifestyle relating to the subject matter herein and shall not be modified except by RAC Lifestyle in accordance with these Terms, or as otherwise agreed in writing by You and RAC Lifestyle. No employee, agent or other representative of RAC Lifestyle has any authority to bind RAC Lifestyle with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
SEVERABILITY AND WAIVER.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of RAC Lifestyle to require performance of any provision will not affect the right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
You may not assign or transfer these Terms or any of Your rights or obligations under these Terms. RAC Lifestyle may assign these Terms at any time without notice to You.
RAC Lifestyle will not be liable for, or be considered to be in breach of these Terms, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond RAC Lifestyle’s reasonable control.
Please send any questions or comments, or report violations of these Terms, to RAC Lifestyle at email@example.com or RAC Lifestyle, LLC, 1100 Park Avenue New York, NY 10128
Last Updated: February 12, 2018