Terms & Privacy Policy – zxlovewishcom

Terms and Conditions of Sale
ALL TRANSACTIONS ARE GOVERNED BY THIS TERMS AND CONDITIONS OF SALE. ANY PROPOSAL THAT
INCLUDES DIFFERENT OR ADDITIONAL TERMS THAT VARY FROM KARAT PACKAGING, INC. (“SELLER”)
TERMS AND CONDITIONS OF SALE ARE OBJECTED TO AND DISALLOWED. NOTWITHSTANDING THE
FOREGOING, ANY SUCH COUNTERPROPOSALS BY BUYER SHALL NOT OPERATE AS A REJECTION OF THE
CONTRACT OF SALE, BUT AS A REJECTION OF THE ADDITIONAL OR DIFFERENT TERM(S)

Formation of Contract.
An order is deemed by Seller to be an offer to purchase, which Seller may accept or reject in its sole
discretion. Seller’s acceptance of an offer to purchase is binding on Seller only if made by written
instrument or, if not by written instrument, by shipment of the products ordered (and acceptance by
shipment shall only be binding as to the portion of the order actually shipped by Seller). Any automatic or
computer generated response to an order by Seller’s internal electronic data exchange system or otherwise
shall not be deemed acceptance of an order. Seller’s acceptance is subject to Seller’s Terms and Conditions
of Sale stated herein.
Credit.
Seller may, but shall not be obligated to, grant credit terms to Buyer. Acceptance of any order is subject to
final credit approval by Seller. Seller reserves the right to cancel any sale if Seller deems Buyer unable to
pay for any products. Seller reserves the right, in its sole discretion and without prior notice, to deny,
change or limit the amount or duration of credit to be allowed Buyer, either generally or with respect to a
particular purchase order, and may require cash payments in advance or security satisfactory to Seller.
Cost of Delivery, Taxes and Other Charges.
Buyer shall pay the costs of delivery of the products. Buyer shall pay all sales, use, excise or similar taxes,
or other charges, which Seller is required to pay, or to collect and remit, to any Government (national, state
or local) and which are imposed on or measured by the sale.
Transfer of Property and Risk of Loss.
Seller retains the right and title to the products sold to Buyer until Seller is paid in full for the products.
Buyer shall obtain the right and title to the products upon payment to Seller of the purchase price and any
taxes, excise or other charges. The risk of loss, including, but not limited to the risk of loss, theft, damage
or destruction of the products, transfers to Buyer [F.O.B. Seller’s factory].
No Set-Off.
Buyer shall have no right of set-off or withholding, and no deduction of any amounts due from Buyer to
Seller shall be made without Seller’s prior, express written approval.
Patents.
Sellers reserves the right to discontinue deliveries of any products, the manufacture, sale or use of which
would, in Seller’s opinion, infringe upon any U.S. patent, trademark or design now or hereinafter issued,
registered, or existing and under which Seller is not licensed.
Disclaimer of Warranties.
THE WARRANTIES SET FORTH HEREIN OR IN SELLER’S WARRANTY DOCUMENTS WITH RESPECT TO A
PRODUCT ARE THE ONLY WARRANTIES MADE BY SELLER IN CONNECTION WITH THE PRODUCTS AND THE
TRANSACTIONS CONTEMPLATED AS A RESULT OF THIS SALE. SELLER MAKES NO OTHER WARRANTIES OR
REPRESENTATIONS TO BUYER OR ANY OTHER PERSON OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH
RESPECT TO THE PRODUCTS, AND SELLER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. PRODUCTS SOLD HEREUNDER ARE SOLD ONLY TO THE
SPECIFICATIONS SPECIFICALLY SET FORTH BY THE SELLER IN WRITING. SELLER’S SOLE OBLIGATION FOR A
REMEDY TO BUYER SHALL BE REPAIR OR REPLACEMENT OF NON-CONFORMING PRODUCTS. BUYER
ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF PRODUCTS PURCHASED, WHETHER
USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR SUBSTANCES.
Limitation of Liability.
No claim by Buyer of any kind including, but not limited to, claims for indemnification, whether as to quality
or amount of product delivered or non-delivery, shall be greater in amount then the purchase price for the
products in respect of which damages are claimed. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR
ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOSS
BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, ARISING OUT OF,
OR AS A RESULT OF, THE SALE, DELIVERY, SERVICING, USE OR LOSS OF THE PRODUCTS SOLD HEREUNDER,
REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES
COULD HAVE BEEN REASONABLY FORESEEN.
Inspection.
Buyer shall inspect the products promptly upon receipt for non-conformity (including but not limited to
non-conformity for quantity, quality, and/or defects). Failure by Buyer to provide Seller with written notice
of a claim within 30 days from the date of delivery or, in the case of non-delivery, from the date fixed for
delivery, shall constitute a waiver by Buyer of all claims with respect to such products.
Excuses for Non-Performance.
If the manufacture, transfer or receipt by either party of any products covered hereby is prevented,
restricted or interfered with by reason of any event beyond the reasonable control of the party so affected,
such party shall be excused from making or taking deliveries hereunder to the extent of such prevention,
restriction or interference, and neither party shall be liable to the other for default or delay in performing,
except with respect to Buyer’s payment obligations.
Seller’s Rights.
If Buyer should fail in any manner to fulfill the terms and conditions hereof, Seller may defer further
shipments until such default is cured. Remedies provided herein shall be in addition to, and not in lieu of,
other remedies that may be available to Seller. If for any reason, the quantities of the products covered
hereby or of any materials used in the production of the products reasonably available to Seller shall be
less than Seller total needs for its own use and for sale, Seller may allocate its available supply of products
among its existing or prospective purchasers and/or its own departments, divisions and affiliates in such
manner Seller deems proper in Seller’s sole discretion, without thereby incurring liability on account of the
method of allocation determined or its implementation or for failure to perform this Agreement.
Governing Law.
This Agreement shall be construed, and the respective rights and duties of Buyer and Seller shall be
determined, according to the laws of the State of California, without giving effect to its principles of
conflicts of laws. The UN Convention on Contracts for the International Sale of Goods shall not apply to
this Agreement.
Dispute Resolution.
Any dispute, controversy or claim arising out of or related in any way to these Terms and Conditions of Sale
and/or any sale and purchase of products hereunder or any transaction contemplated hereby which
cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered
by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on
the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The
arbitration shall take place before an arbitrator in California San Bernardino county. The language of the
arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the
laws of the State of California. The decision of the arbitrator shall be in writing with written findings of fact
and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages,
but shall not be empowered to award incidental damages, consequential damages, indirect damages,
statutory damages, special damages, exemplary damages, punitive damages or specific performance. Each
party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This
section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or
related to this Agreement.
No Assignment.
This contract between Buyer and Seller is not transferable by either party without the prior written consent
of the other party, except that Seller may assign this Agreement without Buyer’s consent if the assignment
is to a to an affiliate or if the assignment is carried out as part of a merger, restructuring, or reorganization,
or sale or transfer of all or substantially all of Seller’s assets.
Compliance with Laws; Export Laws.
Buyer and Seller shall comply with all applicable international, national, state, regional and local laws and
regulations with respect to their performance of this Agreement. Buyer agrees to adhere to all applicable
US Export laws and regulations with respect to the products.
Content and Alcohol Use Disclaimer.
The material and information contained on this website is for general information purposes only. We do
not control or guarantee the currency, accuracy, relevance, or completeness of information found on this
website. Please be advised that certain drinks presented on this website may contain alcohol. You should
not rely upon the material or information on this website as a basis for use or consumption of alcohol.
Drinking alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects.
Please drink responsibly.
Whilst we endeavor to keep our recipes tasty, we do not endorse or recommend any alcoholic beverage
or consumption of alcohol. The information on this website may not be used for advertising or product
endorsement purposes.
Miscellaneous.
These Seller’s Terms and Conditions of Sale are the sole and exclusive statement of the parties’
understanding and agreement with respect to the transactions contemplated by this sale, notwithstanding
any other terms that might be contained in any purchase order or other document received from Buyer or
submitted to Seller. These Terms and Conditions of Sale constitute the entire agreement between the
parties regarding the subject matter hereof and can only be modified or changed in writing and signed by
authorized representatives of both parties. No waiver by Seller of any of Seller’s Terms and Conditions of
Sale or any breach hereof shall constitute or be deemed to be a waiver of any such term or any such breach
in any other case. No waiver shall be deemed to occur as a result of the failure to enforce any term or
condition of these Seller’s Terms and Conditions of Sale. If any clause or portion hereof shall be held by a
court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining clauses or portions
shall remain in full force and effect. The paragraph headings are for convenience only and shall not be used
in interpreting or construing these Seller’s Terms and Conditions of Sale.
Mobile Terms of Service Lollicupstore.com
Last updated: Dec. 9, 2024
The Lollicupstore.com mobile message service (the “Service”) is operated by Lollicupstore.com
(“Lollicupstore.com”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms
and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice.
To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your
continued use of the Service following the effective date of any such changes shall constitute your
acceptance of such changes.
By consenting to Lollicupstore.com’s SMS/text messaging service, you agree to receive recurring SMS/text
messages from and on behalf of Lollicupstore.com through your wireless provider to the mobile number
you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text
messages may be sent using an automatic telephone dialing system or other technology. Service-related
messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.).
Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your
consent is not a condition of any purchase with Lollicupstore.com. Your participation in this program is
completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text
messaging imposed by your wireless provider. Message frequency varies. Message and data rates may
apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for
all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18557433364 or
click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out
confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.
If you have subscribed to other Lollicupstore.com mobile message programs and wish to cancel, except
where applicable law requires otherwise, you will need to opt out separately from those programs by
following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18557433364 or email lollicupstore@e.lollicupstore.com.
We may change any short code or telephone number we use to operate the Service at any time and will
notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests,
you send to a short code or telephone number we have changed may not be received and we will not be
responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You
agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up
for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or
misdirected delivery of any information sent through the Service, any errors in such information, and/or
any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see
our Privacy Notice.