Terms of Sale

Lemme – Terms of Sale

 

Effective September 27,2022

 

These Terms of Sale – Retail (“Terms”) are Additional Terms under the Lemme Inc. Terms of Use and are subject to and governed by the Terms of Use, including without limitation provisions limiting dispute resolution to non-class arbitration. By ordering products through any website, mobile application, telephonically, or any other medium that links to, or otherwise references, these Terms (“Products”), you agree to be bound by these Terms. You must be eighteen (18) years of age or older to order Products.

1. Payment and Billing

Products through the website. Lemme may limit or cancel quantities of Products purchased, and it reserves the right to refuse any order. In the event Lemme needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. The prices displayed are quoted in U.S. currency and are valid only in the United States. Products are offered at the prices set forth on our Products page, and you may choose to purchase Prices are subject to change at any time. Sales tax will be determined by the shipping address of the order and will automatically be added to the order. Lemme is required by law to apply sales tax to orders to certain states. Purchased Products will be shipped to the shipping address of the order. Information about our return policy can all be found on our Frequently Asked Questions page.  Any payment terms presented to you in the process of purchasing Products are deemed part of these Terms.

Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

1. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to purchase Products, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any such Products in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
2. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand.
3. Recurring Billing. Some of the Products may be sold as a subscription, consisting of an initial period for which there is a one-time charge, followed by recurring period charges for additional Products as agreed to by you (“Paid Subscription”). By choosing a Paid Subscription, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.]
4. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SUBSCRIPTIONS UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SUBSCRIPTIONS AS SET FORTH ABOVE.
5. Change in Amount Authorized. If the amount to be charged to your billing account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges, including during or at the end of each billing cycle.
6. Auto-Renewal for Paid Subscriptions. Unless you opt out of auto-renewal, which can be done through your account settings, any Paid Subscription(s) you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Subscription(s) at any time, go to account settings.  If you terminate a Paid Subscription, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable Paid subscription through your account settings or terminate your LEMME account before the end of the recurring TERM. Paid subscriptions cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, LEMME WILL not refund any fees that you have already paid.
7. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Subscription reaffirms that we are authorized to charge your Payment Method for that Paid Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Subscription. 
8. Free Trials and Other Promotions. Any free trial or other promotion that provides access to free Products or free Paid Subscriptions must be used within the specified time of the trial. You must stop using a Paid Subscription before the end of the trial period in order to avoid being charged for that Paid Subscription. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Subscription, please contact us at support@lemmelive.com.
9. Coupon Codes. Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Limit one coupon code per order. Coupon codes generally expire and are no longer valid for redemption 90 days after their date of generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code itself. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed or restricted. Lemme reserves the right to change or limit coupon codes in its sole discretion.

2. Pricing and Availability

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices of the Products, and to adjust any discounts or promotions that may be offered, as we may determine in our sole discretion, at any time and without notice.

All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, items may go on back order when not available or may be discontinued.

3. Coupons and Promotional Codes

Coupons and promotional codes provided to you are for your individual use only. You may not transfer, reproduce, trade, offer for sale, publish or otherwise share coupons and promotional codes unless the terms of the coupon or promotional code expressly allow you to do so. We reserve the right to cancel orders when we have reason to believe that any coupon or promotional code is being used by someone other than the intended recipient, or in the case of suspected abuse, misuse or fraud. We reserve the right to terminate a coupon or promotional code offering at any time and/or set expiration dates for such offers at any time and in our sole discretion. Coupon codes and promotional codes are not valid on prior purchases.

4. Sales Taxes

We will collect applicable sales tax on Products shipped to the states, territories, or other jurisdictions for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

5. Shipping and Handling

You agree to pay any 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, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. When you purchase a Product from Lemme Inc., any shipping times shown on the Site are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.

6. Deliveries

You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe handling, preparation, storage, use and consumption of the Products following delivery. 

In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible.

7. Return Policy

If you are dissatisfied with a Product and would like to inquire about a return, please contact the Lemme Customer Experience team at support@lemmelive.com or at 1-888-457-1505, Monday - Friday: 9:00am - 6:00pm ET. Prior authorization from the Customer Experience team and proof of purchase is required for all returns. Reports of damaged Products or order discrepancies must be communicated to Lemme within seventy-two (72) hours of delivery in order to qualify for return. Please allow 5 – 7 business days for your refund to process. Your refund will be processed to original payment method provided at time of purchase.  Please allow 7 – 10 business days to receive your replacement product, if you have requested a replacement. Due to item availability, some replacements may be delayed or changed to a refund.

 

8. Subscription Program

Benefits of Subscription

You also will be able to select how often you would like your Product(s) delivered. We reserve the right to change Subscription benefits at any time in our sole discretion, including discount amounts and eligibility used to determine discount amounts. All changes will apply to future orders, including for current subscriptions to Subscription Program.

Some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, shipping charges).

Notifications; Automatic Order Creation

When you order an eligible Product and enroll in the Subscription Program, you will receive notice that your subscription has been created and that your first order will be processed. Your subscription will thereafter automatically create a new order according to your chosen delivery schedule, until you cancel. Prior to the processing of each subsequent order, you will receive a notice including your estimated ship date, last date to modify you order and estimated pricing.

We may, in our sole discretion, terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you.

Eligible Purchases

Subscription benefits are limited to Products listed as eligible for Subscription, and then only if you select the Subscription delivery method. Subscriptions to the Subscription program are good while supplies last. Your participation in the Subscription program is personal to you, and you may not assign or transfer your subscription or any of the benefits to any third party without our authorization.

All returns under Subscription program are subject to the Return Policy outlined above. Subscription are void where prohibited.

Subscription Pricing; Payment; Renewal

The amount charged for an eligible Product will be the price of that item on the Site at the time your order is processed or lower. The total cost charged to your payment method for each Subscription order will be the price of the item, plus any applicable shipping and handling charges and sales tax.

The charge for each Subscription item shipment will be billed to the payment method used to create your subscription or as otherwise directed by you.

Your subscription will remain in effect until it is cancelled. You can cancel at any time through the Site by navigating to My Account – Orders – Subscription.