Effective Date: 26 September 2025
Welcome to Luck Berry Mall. These Terms & Conditions (“Terms”) govern your use of our website, services, and Business Stores. By accessing or using Luck Berry Mall, you agree to comply with these Terms. Please read them carefully, as they set out your rights, responsibilities, and the rules of engagement for our platform.
1. Who We Are
Luck Berry Mall provides an online platform where partner businesses can host their own Business Stores, and their employees, staff, or affiliates can purchase custom-designed apparel. We act as a service provider to these businesses, while also maintaining our role as the operator of the overarching website. These Terms establish how we interact with both businesses and end users to maintain trust, security, and a seamless shopping experience.
2. Eligibility to Use
To use Luck Berry Mall, you must be at least 18 years old or have legal capacity to enter into binding contracts in your jurisdiction. By accessing or using our services, you confirm that you meet these requirements. Businesses that partner with us are responsible for ensuring that their employees or staff who use Business Stores also meet these eligibility criteria. We reserve the right to refuse service, terminate accounts, or restrict access if we reasonably believe a user does not meet eligibility requirements or has violated these Terms.
3. Account Registration
Creating an account may be required to place orders, manage preferences, or access certain Business Store features. You agree to provide accurate, complete, and current information during registration. Examples include your full name, valid email address, shipping address, and payment details. You are responsible for maintaining the confidentiality of your login details and for all activities conducted under your account. If you suspect unauthorized use of your account, you must notify us immediately. We are not responsible for any loss or damage resulting from your failure to safeguard login credentials.
4. Business Stores
Each Business Store is created in partnership with a company that contracts with us to design and distribute custom apparel. These stores are intended exclusively for employees, staff, and affiliates of that business. Content, logos, and designs displayed in Business Stores are the responsibility of the partner business, and Luck Berry Mall serves as the fulfillment and platform provider. Businesses must ensure that materials they provide do not infringe intellectual property rights, violate applicable laws, or include offensive or discriminatory content. We reserve the right to remove or modify Business Store content that violates our standards.
5. Orders and Payments
When placing an order through Luck Berry Mall, you agree to provide accurate order details, payment information, and delivery instructions. All payments are processed securely through third-party providers, and you authorize us to charge your selected payment method for purchases made. Prices, taxes, and shipping costs are displayed at checkout. Orders are binding once confirmed and may be subject to cancellation policies described below.
- Order Accuracy: It is your responsibility to verify product details, sizing, and personalization options before submitting an order. Incorrect entries may result in errors that cannot always be corrected once production begins.
- Payment Authorization: By submitting payment details, you confirm that you are authorized to use the selected method. Fraudulent use of payment methods may result in order cancellation and legal action.
- Pricing Adjustments: We reserve the right to correct pricing errors, update tax rates, or adjust shipping fees if discrepancies occur. If adjustments are necessary after an order is placed, you will be notified and given the option to proceed or cancel.
6. Shipping and Delivery
We aim to deliver products promptly across the United States. Shipping times vary depending on product type, customization, and location. While we work with reliable carriers, delays may occur due to factors outside our control, such as weather or carrier disruptions. Once shipped, you will receive tracking details. Ownership of products transfers to you upon delivery.
- Delivery Estimates: Estimated shipping times provided at checkout are for guidance only and are not guaranteed.
- Delivery Issues: If an item is lost or damaged during transit, you must notify us within 7 days of expected delivery. We will work with carriers to resolve claims.
- International Shipping: At present, Luck Berry Mall ships only within the U.S. Expansion to other regions will be announced if available.
7. Returns and Refunds
Return and refund policies vary by product type and business partner requirements. Generally, custom-designed apparel cannot be returned unless defective or incorrect.
- Defective Products: If an item arrives damaged or with printing errors, you must contact us within 14 days of delivery. We may request photos or return of the item before approving a replacement or refund.
- Incorrect Orders: If you receive the wrong size, color, or design compared to your confirmed order, we will replace the item at no additional cost.
- Exclusions: Returns are not accepted for incorrect size selection by the customer, normal wear and tear, or misuse of the product.
- Refund Processing: Approved refunds are typically processed within 7–10 business days to your original payment method.
8. Intellectual Property
All content on Luck Berry Mall, including text, graphics, logos, product images, and software, is protected by intellectual property laws. Partner businesses retain ownership of their own logos, artwork, and designs used within Business Stores.
- User Restrictions: You may not copy, modify, or distribute content from Luck Berry Mall without permission.
- Business Obligations: Partner businesses confirm they have rights to all materials they provide. Submissions that violate third-party rights may result in removal and liability.
9. User Responsibilities
By using Luck Berry Mall, you agree to act lawfully and respectfully.
- Prohibited Conduct: You may not misuse the platform, attempt unauthorized access, or interfere with site functionality.
- Fraudulent Activity: Submitting false information, fraudulent orders, or payment scams will result in immediate suspension.
- Respectful Use: Users must not upload offensive, discriminatory, or unlawful content through any part of the platform.
10. Data Privacy
Your use of Luck Berry Mall is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By agreeing to these Terms, you also acknowledge and accept the practices described in the Privacy Policy.
11. Limitation of Liability
Luck Berry Mall provides its services on an “as is” and “as available” basis. While we strive to maintain reliable operations, we do not guarantee uninterrupted access, error-free functionality, or absolute security.
- Indirect Damages: To the fullest extent permitted by law, we are not liable for indirect, incidental, or consequential damages arising from use of our platform.
- Direct Damages: Our total liability for any claim will not exceed the amount paid for the product or service giving rise to the claim.
- Third-Party Failures: We are not responsible for delays or failures caused by third-party providers such as carriers or payment processors.
12. Indemnification
You agree to indemnify and hold harmless Luck Berry Mall, its affiliates, employees, and partners from any claims, losses, liabilities, or expenses (including legal fees) arising from your misuse of the platform, violation of these Terms, or infringement of third-party rights. This includes disputes with partner businesses regarding Business Store content or products.
13. Changes to These Terms
We may update or modify these Terms from time to time to reflect changes in law, practices, or services. Updates will be posted on this page with a new effective date. Continued use of Luck Berry Mall after changes are made constitutes acceptance of the revised Terms. If changes are significant, we may provide additional notice through email or website banners.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Nevada, United States, without regard to conflict of law principles.
- Negotiation First: Parties agree to attempt good faith negotiations before pursuing formal legal action.
- Jurisdiction: Any disputes may be brought exclusively before state or federal courts located in Las Vegas, Nevada.
- Alternative Dispute Resolution: At our discretion, certain disputes may be referred to binding arbitration under recognized arbitration rules.
15. Contact Us
If you have any questions about these Terms & Conditions, please contact us using the following details. You may reach us directly or submit your request through the Contact Us page on our website.