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TERMS AND CONDITIONS OF PURCHASE

 

Last Updated: December 3, 2021

PLEASE READ THESE TERMS AND CONDITIONS OF PURCHASE CAREFULLY. SECTION 12 INCLUDES AN ARBITRATION PROVISION REQUIRING INDIVIDUAL ARBITRATION OF DISPUTES INSTEAD OF JURY TRIALS AND A WAIVER OF CLASS WIDE RELIEF.

1. Introduction

LG Electronics U.S.A., Inc. and its service provider LG CNS America Inc. ("LG" or "we") welcome you, the end-user (" User(s)" or "you") to our Store.

These terms and conditions of purchase ("Terms of Purchase ") set forth information necessary for Users to use various services, which we provide to you, to browse and pay for physical products (collectively, "Product") on online places of business, such as [ www.lg.com/us] ("Store ").

The following terms and conditions apply to your purchase of Product via the Store and must be agreed to before making any purchase of Product using the Store. Matters not set forth herein shall be determined by the Terms or Use (" Terms of Use") and Privacy Policy, and in case of any conflict between the Terms of Purchase, Terms of Use, or Privacy Policy, the Terms of Purchase shall prevail.

2. Age

You must be the eighteen (18) years of age to purchase Product from the Store.

3. Price, Payment , and Order

Price. The price of any Product is determined and set solely by LG. The prices published on the Store are subject to change at any time. However, orders already submitted to us will not be affected by such changes. All prices are subject to the stated delivery charges, as well as any applicable taxes, duties, fees, or levies. The amount that you actually pay will be determined by the sales price set by LG, the discount coupon applied to Product (if any), the discount price through events (if any), shipping costs, and any applicable taxes. Users will be notified by LG if the advertised price of Product differs from the final purchase price of Product to be charged to the User. In addition, upon notification by LG of a difference in the advertised price and final purchase price, User shall receive an opportunity to confirm or cancel the purchase.

Payment. Users may purchase Product using the available payment methods accepted by LG, such as credit card, PayPal, Google Pay or Klarna (if available for your purchase). All information you provide at the time of your purchase must be valid, accurate and up-to-date.

Direct credit-card payments are provided via our third-party payment service provider - LG does not process or store your credit card information. By submitting your credit card information, you are sending your basic, purchase, and financial information to our third-party payment service provider to process your payment and (if elected) store your information for future purchases. We encourage you to review our third-party payment service provider's privacy policy and terms here before use [ https://www.cybersource.com/en-EMEA/privacy/ ]. Your credit-card will be charged for an item when the shipment process for your order has been initiated. LG will not be responsible for any failures of the third-party payment service provider to adequately protect your information. Please be advised that we may change the third-party payment provider from time to time.

Third-party payment options may also be offered during the checkout process (e.g., PayPal, Google Pay). These payment options are provided by third-parties. We encourage you to review the third-party provider's terms of use and privacy policy before use. LG will not be responsible for your relationship with the third-party provider.

Payment plans are provided via Klarna for certain products. If you opt to use Klarna as your payment option, you will be redirected to Klarna's site to make payments via their third-party service. We encourage you to review Klarna's privacy policy and terms here before use [https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_us/privacy]. LG will not be responsible for your relationship with Klarna.

Order. An order confirmation does not signify the acceptance of your order or constitute a confirmation of sale. LG may accept, decline, or place quantity or other limits on your order for any reason and at any time after receipt of your order. If LG rejects, limits, or otherwise modifies your order, we will notify you using the email address or other contact information you provide to us. If LG cancels an order or part of an order that we have already charged you for, we will refund you the full amount of payment.

4. Shipping

We will use commercially reasonable efforts to deliver products in a timely manner using the information that you provide with your order. Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. We reserve the right to increase, decrease, add or eliminate shipping and handling fees from time to time. Such fees will be disclosed at the time of purchase. Shipping dates and/or arrival times are only estimates.

Home Appliance orders and TV's 55' and larger ("Major Appliances") are currently delivered by our third-party delivery carrier. Due to their restrictions, some orders will not be accepted for specific zip codes and to serviceable delivery addresses. For Major Appliances, home delivery will be scheduled by a phone call. If installation and haul-away are included with the purchase, it may be scheduled for a second appointment. If the delivery carrier cannot successfully contact the recipient, delivery will be delayed or cancelled. All other deliveries will be made as curbside drop-off. LG provides curbside delivery only Monday-Friday. Carriers deliver to the curbside of a customer's premises only. Lift-gates are available free of charge. You are responsible for placing the unit(s) inside your home.

Corrections to Shipping Address . If there are any errors or changes to a delivery address, you must notify us as soon as possible. If you change your address after placing an order, we reserve the right to cancel your order or charge you for any extra costs associated with a change in delivery address.

Reschedule . If you need to reschedule your delivery date, you must notify LG before the order leaves our warehouse; otherwise, you may be charged a storage fee.

Lost or Damaged Items . For loss claims, you must notify us within 30 days of the date of your purchase if you believe all or part of your order is missing. For damage claims, you must notify us within 5 days of delivery if you believe all or part of your order is damaged.

5. Cancellation, Returns, Exchanges, Warranty

Cancellation . You can cancel the purchase of Product purchased from the Store as long as your order is still being processed.

Returns and Exchanges . You may make a return or exchange request to us through email, text (#844-810-0070), or 1:1 inquiries.

LG will accept all returns within fifteen (15) days of delivery. Products returned due to damage/defect will be eligible for a full refund. If you would like to return the product within fifteen (15) days and the product is not damaged or defective, a restocking fee will apply. Returns after fifteen (15) days will not be accepted unless otherwise required by law, in which case Products may be returned as permitted by applicable law.

In case of visible box damage upon delivery, please refuse only the portion that is damaged. If you would like a replacement, please place another order and you will receive credit for the return once it has been processed. If visible damages are present at the time of delivery, please refuse the damaged box or have driver note "damaged box" when accepting/signing for the delivery.

Warranty. Products purchased through the Store are covered under the manufacturer's limited warranty (parts and labor). If you notice any defects with your product after fifteen (15) days of delivery, please contact 1(800)243-0000 for customer support.

6. Subscription Services

By purchasing a subscription via the Store or enrolling in a subscription service, you accept these Terms of Purchase.

Some of the details of your subscription may change over time (e.g., prices, taxes, availability, shipping charges). Your subscription will automatically create a new order and the ordered item will be shipped according to your chosen schedule and frequency of the delivery, until you cancel or your subscription is otherwise terminated or suspended. You can view the details of your order by logging into your Store account. If any of the subscription items are unavailable when we plan to ship it, you authorize us to cancel the order or terminate your subscription. 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. Your participation in the subscription service is personal to you, and you may not assign or transfer the subscription or any of the benefits to any third-party without our authorization.

By placing an order for the subscription service, you authorize us or our agent to charge your credit card that you have designated. The total cost charged to your credit card will be the cost of the product on the day that the order is processed plus applicable shipping and tax less any applicable discount. The charges for each subscription shipment will be billed when the order is processed. If we or our agent are unable to complete your subscription order with the credit card that you have designated for any reason, you agree to pay all amounts due upon demand and we reserve the right to cancel your subscription. You authorize us or our agent to charge outstanding and other amounts due against any credit card you have on file with us. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third-party collection agencies. If your account is more than 30 days past due, and is forwarded to a collections agency, you will additionally be liable for any recovery fees charged by the agency. You are solely responsible for any fees charged to your credit card by the issuer, bank, or financial institution, including, but not limited to, overdraft, insufficient funds, and over the credit limit fees.

Your subscription will remain in effect until it is cancelled. You can cancel at any time by logging into your Store account. If you cancel your subscription, you will not receive further shipments, but you will not receive a refund for any products that were shipped prior to your cancellation date unless otherwise stated at the time of cancellation. If you cancel your subscription and then reactivate it, any discount or any other benefit applied to any the relevant item may not be the same in effect at the time of cancellation. If the discount percentage or any other benefit for such item changes, the new discount or benefit will be applied to your future shipments of that item.

We may, in our sole discretion, change these Terms of Purchase (including all applicable terms, conditions, limitations and requirements on the Store), without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE TERMS OF PURCHASE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.

7. Reviews

We may permit Users to post reviews of Product on the Store. These reviews are express opinions of the reviewer only and do not reflect the opinions of LG. LG makes no representations or warranties as to the accuracy or completeness of the reviews. You agree that LG shall have no liability to you if you rely on the reviews to Purchase or use a Product. LG reserves the right to, but has no obligation to, remove reviews that LG deems irrelevant or otherwise inappropriate for any reason. In addition, you agree that any review or ideas you provide on the Store regarding the Product or any suggested improvements thereto will be the exclusive property of LG. To the extent you own any rights in a review, you agree to assign and hereby do assign to us all right, title and interest in and to the review.

8. Intellectual Property Rights

You agree that Products available through the Store, including but not limited to the graphics, editorial Product, audio clips, video clips, and software, contain proprietary information and material that is owned by LG or other third parties. In making a Purchase, neither you nor anyone acting on your behalf acquire any intellectual property rights or other proprietary rights (including patents, designs, trademarks, copyrights or trade secrets) relating to the Store or Products other than those expressly specified in a license or mutually agreed upon written agreement.

9. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold LG, its directors, officers, employees, affiliates, and agents harmless from and against any and all claims arising out of your breach of the Terms of Purchase and your purchase and/or use of the Product.

10. Warranty and Disclaimers

EXCEPT AS MAY BE PROVIDED UNDER A WARRANTY FOR NEWLY PURCHASED DEVICES, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE STORE, PURCHASE OR USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT ACCESS TO THE STORE AND PRODUCTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. LG DOES NOT WARRANT THAT USE OF THE STORE WILL BE CONTINUOUSLY AVAILABLE OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LG AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR STATUTORY TERMS, CONDITIONS OR WARRANTIES, INCLUDING THOSE AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT.

11. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LG, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR FOR LOSS OF INFORMATION OR DATA, LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH (A) THE PURCHASE OR USE OF PURCHASED PRODUCT; AND (B) THE ACCURACY OR COMPLETENESS OF ANY PRODUCT DESCRIPTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF LG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. LG'S ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID FOR THE APPLICABLE PRODUCT, AT LG'S OPTION.

Please note that some jurisdictions do not allow the exclusion or limitation of implied warranties, terms or conditions or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you. For further information about your statutory rights, please contact your local authority, trading standards department, citizens' advice bureau or equivalent.

12. Dispute Resolution

These Terms are governed by and construed and enforced in accordance with the internal laws of the State of Delaware, without giving effect to the principles of conflicts of laws of such state, and are binding upon the parties hereto in the United States and worldwide. By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against LG under the laws of any jurisdiction outside the United States are hereby waived, and that your sole location and applicable law for any dispute is in the United States according to the terms of this Section You and LG agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.

CLASS ACTION WAIVER . YOU AND LG AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION AND THAT YOU AND LG WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW YOU AND LGEUS FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION .

Any dispute between you and LG arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including Covered Disputes will be settled by binding arbitration in the U.S. State of New Jersey administered by the American Arbitration Association (AAA) in accordance with its International Arbitration Rules in effect on the date thereof.

Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice of its intent to file for arbitration. LG will provide such notice by mail or e-mail using the contact information on file and you must provide such notice by mail to [LGEUS, Attention: General Counsel, 111 Sylvan Avenue, Englewood Cliffs, NJ 07632].

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, LG will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse LG for all fees associated with the arbitration that LG paid on your behalf, which you otherwise would be obligated to pay under the AAA's rules.

A single arbitrator will be selected in accordance with the AAA Commercial Arbitration Rules. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator's decision must be with written explanation and remain confidential.

If any provision of the agreement to arbitrate in this Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

LEGAL NOTICE TO NEW JERSEY RESIDENTS: The provisions in this section that (i) limit the period of time within which a claim may be asserted against LG and (2) exclude certain damages do not apply to New Jersey residents.

LEGAL NOTICE TO CALIFORNIA RESIDENTS: By using the Store, you waive your rights with respect to California civil code section 1542, which says "a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, and that, if known by him would have materially affected his settlement with the debtor or released party."

13. MISCELLANEOUS

These Terms (i) inure to the benefit of and will be binding upon LG and you and your successors and assigns, respectively, and (ii) may be assigned by LG but you may not assign them without the prior express written consent of LG.

If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.

If LG fails or you fail to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.

14. Contacting LG

Should you have any issues or questions regarding the Store or your purchase, please visit Contact Us or Report a Problem on the Store, or email us at orders@lgsupport.com, 844-810-0070.