TERMS AND CONDITIONS OF PURCHASE
Last Updated: August 29, 2022
PLEASE READ THESE TERMS AND CONDITIONS OF PURCHASE CAREFULLY. SECTION 13 INCLUDES AN ARBITRATION PROVISION REQUIRING INDIVIDUAL FINAL ARBITRATION OF DISPUTES INSTEAD OF JURY TRIALS AND YOU WILL NOT BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AS A CLASS MEMBER IN A CLASS ACTION OR SIMILAR PROCEEDING.
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 online places of business, the LG US website, www.lg.com/us, (“Website”) and the ThinQ LG mobile application (“App”). The Website and the App are the property of LG. Collectively, the Website and App will be referred to as the “Store.”
This agreement ("Terms of Purchase") sets forth information necessary for Users to browse and pay for products and services (collectively, "Product") on the Store.
These Terms of Purchase apply to any purchase of Product on the Store. BY CLICKING ANY “BUY” OR “ORDER” BUTTON OR OTHERWISE INITIATING AN ORDER THROUGH THE STORE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF PURCHASE. IF YOU DO NOT AGREE TO THESE TERMS OF PURCHASE, DO NOT USE THE APP PR THE WEBSITE TO MAKE ANY PURCHASE(S).
You must be the eighteen (18) years of age to purchase Product from the Store and, by making a purchase, You are representing that You are of sufficient legal age to do so.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
If the purchase of certain Products (for example subscriptions) or the use of a feature or program requires that You open an account, You must complete the sign up process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify LG immediately of any unauthorized use of your account or any other breach of security. LG will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, You could be held liable for losses incurred by LG or another party due to someone else using your account or password with your knowledge or if you fail to inform LG of any suspected or actual unauthorized use. You may not use anyone else's account at any time without that individual’s consent.
- 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 without notice and may not be available on other websites or at offline retailers. 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, Apple Pay, 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.
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.
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. Shipping and handling fees will be disclosed at the time of purchase. Shipping dates and arrival times are only estimates and cannot be guaranteed.
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 thirty (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 five (5) days of delivery if You believe all or part of your order is damaged.
- RETURNS AND LIMITED WARRANTY
Returns. You may make a return request to us through email at email@example.com or call 1-800-243-0000. No Product may be returned to LG without a pre-approved RMA Number. Any Product returned to LG without such pre-approved RMA Number will be shipped back to You at your expense. Laptops and vacuums can be returned to LG within thirty (30) days of delivery for a full refund. LG will accept returns of all other Products within fifteen (15) days of delivery. Unless the Product is damaged, a restocking fee of eight percent (8%) will apply to returns of all Products other than laptops and vacuums. Returns for Products after fifteen (15) days (or after thirty (30) days for laptops and vacuums) will not be accepted unless otherwise required by law, in which case Products may be returned as permitted by applicable law.
If visible damages are present at time of delivery, refuse the damaged order or have the driver note "damaged box." You must note any carton damage on the bill of lading (the form that you sign to verify delivery) when you sign for the order. In case of partial damaged delivery, please refuse only the portion that is damaged.
Limited Warranty. Products purchased through the Store are covered under the manufacturer's limited warranty. If you notice any defects with your Product after fifteen (15) days of delivery or after thirty (30) days in the case of laptops and vacuums, please contact 1 (800) 243-0000 or email LG at firstname.lastname@example.org for customer support.
- 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 by LG. 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 LG’s 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 thirty (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.
By sending, posting or transmitting any information to LG or on or through the Store ("User Content"), you grant LG and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works from, and otherwise exploit the User Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. All User Content shall be deemed non-confidential and non-proprietary. Any User Content that you choose to post on the Site, including Product reviews, may be visible to the public. If you do not want your content to be visible to the public, please do not post User Content on the Site.
You are responsible for the content of the User Content. LG has the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any User Content, including consumer reviews. LG takes no responsibility and assumes no liability for any information posted by you or any third party. LG strongly encourages you not to disclose any personal information in public areas of the Site. By sending, posting or transmitting any User Content, you represent and warrant that:
- You own or otherwise control all of the rights to the User Content, including without limitation all copyrights and trademarks;
- The User Content is true and accurate;
- The User Content does not violate or infringe the rights of any other person or entity, including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights; and
- The User Content complies with applicable laws, rules and regulations.
- 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.
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 demands, losses, liabilities, damages or expenses, claims including reasonable attorney fees, made against LG by any third party and arising out of or in connection with your breach of the Terms of Purchase and your purchase and/or use of the Product, service or program.
- LIMITED WARRANTY AND DISCLAIMERS
EXCEPT AS MAY BE PROVIDED UNDER A LIMITED WARRANTY FOR NEWLY PURCHASED PRODUCTS, 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.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL 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 OR SERVICE; 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 OR SERVICE, 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.
- DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES FINAL BINDING OF DISPUTES BETWEEN YOU AND LG AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Services, to any Product sold or distributed through the Website, or to any aspect of your relationship with LG, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or LG may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to LG at LG Electronics, USA, Inc., Attn: Legal Department – Arbitration 111 Sylvan Avenue, Englewood Cliffs, NJ 07632. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, LG will pay them for you. In addition, LG will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and LG. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU AND LG HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and LG are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 6(a) (Application of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out by writing us at the following address: LG, Attention: General Counsel, 111 Sylvan Avenue, Englewood Cliffs, NJ 07632, or send an email to: email@example.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one) or to register as a Guest (if applicable), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. Except as provided in Section 6(e) (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with LG.
- Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if LG makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing us at the following address: LG, Attention: General Counsel, 111 Sylvan Avenue, Englewood Cliffs, NJ 07632.
These Terms of Purchase are governed by and construed and enforced in accordance with the internal laws of the State or commonwealth where you reside, without giving effect to the principles of conflicts of laws of such state or commonwealth, 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 of Purchase.
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."
These Terms of Purchase (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.
- CHANGES TO TERMS OF PURCHASE
We may, in our sole discretion, change these Terms of Purchase (including all applicable terms, conditions, limitations and requirements on the Store), at any time, for any or for no reason, with or without notice to you. Changes to these Terms of Purchase will impact any new Orders that you place with us, but will not impact any Order that you have previously placed. YOUR CONTINUED USE OF THE STORE OR ANY SERVICES (INCLUDING WITHOUT LIMITATION SUBSCRIPTIONS) ENABLED THEREBY AFTER WE CHANGE THESE TERMS OF PURCHASE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL ANY SUBSCRIPTIONS THAT YOU HAVE AND CEASE FURTHER USE OF THE STORE IMMEDIATELY.
- CONTACTING LG