Terms & Conditions

General Information

This website (hereinafter the "Site") is published and operated by 9440-7590 Québec Inc. d.b.a. LU’U DAN ("LU’U DAN", "we", "us", "our"), a Quebec corporation, with registered office at 333 Chabanel Ouest, Suite 900, Montreal QC H2N 2E7, Canada and registered with the Quebec Enterprise Register, under number 1176510452.

Site hosting is provided by Shopify.

TERMS AND CONDITIONS

Please observe terms and conditions (“Terms”) here below explained. When purchasing or visiting this website (“Services”) you (“User”) are reminded that you automatically agree to the following terms and conditions. Any alternative terms and conditions on the part of the customer shall not apply unless we should confirm these in writing. There are no supplementary agreements. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR YOUR Personal Data TO BE PROCESSED IN ACCORDANCE WITH OUR PRIVACY POLICY (INCLUDING ALL ADDITIONAL TERMS), THEN DO NOT USE THE SERVICES. To the extent permitted by law, LU’U DAN reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) or your access to the Services for any reason or no reason with or without notice. To the extent permitted by law, you agree that LU’U DAN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Where permitted by law, LU’U DAN reserves the right to modify or change any of these Terms at any time, and we will inform you of any changes to these Terms prior to their entry into force.

Pricing & Currency

Item prices may vary depending on the country and region the order is being shipped to, as well as the currency being used to pay for the item(s).

Payments

LU’U DAN accepts payment via all major credit cards including MasterCard, Visa, American Express, Discover, Diners Club, and Interac and via Shop Pay, Google Pay, Apple Pay, Paypal, Bancontact and iDEAL. No matter which payment method you choose, our platform allows you to pay in your local currency.

Please note: only one method of payment will be accepted per transaction.

Returns

In the eventuality of dissatisfaction with your purchase, or if your purchase is damaged, you will be able to initiate the return within 14 calendar days of the delivery date. In order to initiate a return, please email shop@luu-dan.com and include your order number in the subject line and the reason for return in the body of the email. In order for the return to be processed, all of the following conditions must be met:

--- The item must be in its original, unused, unaltered and unwashed condition.

--- The item must be returned with the tags and packaging in their original condition.

--- The return must be authorized beforehand and forwarded to our return address fully tracked.

Please note: Final sale items are not eligible for return and all return postage is to be paid at the expense of the purchaser. Pre-order items are eligible for return.

Returns will only be processed once you have received a return authorization number from LU’U DAN. LU’U DAN reserves the right to reject any returning products that do not comply with the above stated return policy. Rejected items will be sent back to the original shipping address without any refund being processed. In order to avoid this, please contact email shop@luu-dan.com to address any issues or concerns you have regarding the item(s) you wish to return.

Exchanges

Due to stock fluctuation, LU’U DAN does not offer direct exchanges. We ask that you return the merchandise for a full refund and place a new order for the preferred item(s) at your earliest convenience.

Refunds

Once the returned merchandise has been quality checked and approved, LU’U DAN will issue a refund to the original method of payment and a confirmation email will be sent to you. Please note that it can take up to 7 business days to process the refund. It may take your financial institution additional time to process the transaction and update your bank statement.

Please note: shipping fees will not be refunded.

Minors

1 Permission. You confirm that you have reached the age of majority in your jurisdiction. If you are under the age of majority in your jurisdiction, you should not use our Services, or otherwise provide any data without the permission of your parent or guardian.

2 Supervision. To the extent permitted by law, if you are the parent or guardian of a child under the age of majority, you should carefully supervise your child’s use of the Services. It is the responsibility of parents or guardians, and not LU’U DAN, to determine whether any part of this site or any site linked to from this Website is appropriate for their children.

3 Right to cancel. If you are under the age of majority in your jurisdiction and you have entered into these Terms without the permission of your parent or legal guardian, then you or your parent or legal guardian may cancel your agreement to these Terms.

Trademark Information

All names, graphics, designs, page headers, button icons, scripts, commercial markings, trade dress, service names, service marks, and logos used and displayed in connection with the Services are trademarks of LU’U DAN or its licensors or suppliers (collectively, the “Trademarks”). The Trademarks may not be used to disparage or discredit LU’U DAN, any third party of LU’U DAN’s or any third party products or services, or in any manner (in LU’U DAN’s sole judgment, where permitted by law) that may damage any goodwill in the Trademarks or may cause confusion.

Site Content

1 Ownership of Site Content. All material, including without limitation information, data, software, text (including text found in descriptions and articles), design elements, graphics, images, photographs, videos, clips, logos, icons, Trademarks, and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by LU’U DAN in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws. LU’U DAN may own the Site Content or portions of the Site Content may be made available to LU’U DAN through arrangements with third parties.

2 Your Use of Site Content. LU’U DAN grants you a personal, non-exclusive, non-transferable, revocable, limited license, strictly to do the following: to view; reproduce; print; cache; store; and distribute Site Content via a generally available consumer web browser. The foregoing license is granted on the condition that you comply with these Terms and that you do not (and do not permit any third party to) remove or obscure the copyright notice or other notices displayed on Site Content. You may not reproduce, license, rent, modify, copy, transmit, publicly display, print, cache, store, link to, frame, or distribute content retrieved from these Services for any purpose prohibited by these Terms, or for any commercial purpose whatsoever, without the prior written permission of LU’U DAN or the copyright holder identified in the relevant copyright notice. Any rights not expressly granted herein are reserved.

Copyright Assignment and Transfer of User Content

User hereby irrevocably and unconditionally assigns, conveys, delivers and transfers to LU’U DAN (i) all of User's right, title, and interest in and to all Intellectual Property for all posted content, including product reviews, comments or suggestions, photographs, illustrations, artwork, videos, communications and/or other materials uploaded by User to Website (“User Content”); (ii) all of User's rights to benefits, priority rights, privileges, causes of action, common law rights, moral rights, and remedies relating thereto throughout the world, including, without limitation, all rights to (A) apply for and maintain all applications, registrations, renewals and extensions thereof, (B) sue, claim and recover for past, present and future infringement, misappropriation, or other violations of any Intellectual Property rights in any User Content, and (C) commercialize, exploit, or grant licenses or other interests thereto. For purposes of this Assignment, “Intellectual Property” shall mean any and all works of authorship, copyrights, moral rights, inventions, developments, concepts, improvements, designs, discoveries, know-how, ideas, software, trade secrets and compositions of matter and trade secrets (whether or not protectable under trade secrets law, patentable or registrable under patent, copyright or similar laws), patent rights, and any other intellectual property rights anywhere in the world and all goodwill associated with any of the foregoing and/or share it with other users. User represents and warrants that any User Content posted by you, is owned exclusively by you and that (i) you have all necessary rights to post such User Content via our Services, including the right to assign the Intellectual Property rights in such User Content to LU’U DAN and (ii) any User Content you post, publish, display or transmit to others via our Services complies with applicable law. We may, but are not obligated to, monitor or review any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms. User acknowledges that it is not entitled to receive any compensation for the User Content.

Third Party Links

The Services may contain hyperlinks to sites, services or platforms owned or operated by third parties. These links are provided for your convenience only. Your use of third party links is subject to the terms of use and privacy policies applicable to those sites, services, or platforms.

Processing of personal data

The processing of your personal data takes place in accordance with the principles set out in the Privacy Policy below.

Restricted Conduct

Except as otherwise expressly authorized in these Terms, you agree not to do any of the following:

--- Use the Services to post, upload, share, transmit, distribute, facilitate distribution or otherwise make available any unlawful, infringing, harmful, harassing, defamatory, derogatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising, or collecting Personal Data from other users of the Services;

--- Impersonate any person or entity, including without limitation any representative of LU’U DAN; falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that LU’U DAN endorses any statement you make;

--- Disseminate any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment via or using the Services;

--- Engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods on or via the Services;

--- Interfere with or disrupt the operation of the Services or others’ use of the Services in any way (including without limitation by hacking or defacing any portion of the Services);

--- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services, or reproduce, duplicate, sublicense, copy, sell, resell, distribute, assign, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services;

--- Merge the Services or Site Content with another program or create derivative works based on the Services or Site Content;

--- Remove any copyright, trademark, or other proprietary rights notice from the Services or Site Content originating from the Services;

--- Violate any applicable laws or regulations;

--- Engage in any activity that could interfere with, disrupt, negatively affect, or inhibit other users from fully using the Services, or that could damage, disable, overburden, impair or otherwise negatively affect the functionality of the Services or LU’U DAN’s network or computer systems; or

--- Assist, permit, encourage any persons in engaging or to engage in any of the activities described above.

Indemnity

To the extent permitted by law, you agree to defend, indemnify and hold LU’U DAN and its respective affiliates, licensors, officers, directors, employees, agents, and representatives, harmless from any and all losses, costs, expenses or damage of any nature whatsoever, including, without limitation attorneys’ fees and court costs, arising from any claim, cause of action, demand or suit by any third party, related to or arising out of your use of the Services or violation of these Terms. LU’U DAN reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting LU’U DAN’s defense of such matter.

Applicable Law and Competent Jurisdiction

To the extent permitted by law, these Terms shall be governed by the laws of Quebec and the tribunals and courts of Montreal, Quebec will have exclusive competence in case of dispute.

Applicable Law and Dispute Resolution for US residents only

--- Applicable Law

These Terms are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to principles of conflicts of laws.

--- Dispute Resolution

1 Initial Dispute Resolution. To give us an opportunity to informally resolve any disputes, claim or controversy between you and us arising out of or relating to your use of the Services and these Terms, including our Privacy Policy (“Disputes”), you agree to first communicate your Dispute to us at info@luu-dan.com. Most concerns can be quickly resolved in this manner, and you agree not to bring any lawsuit or to initiate arbitration proceedings until 60 days after the date on which you communicated your Dispute to customer care have elapsed. The parties shall use their best efforts to settle your Dispute directly through consultation and good faith negotiations, which shall be a precondition to initiating a lawsuit or arbitration. If we are unable to resolve your Dispute within 60 days, you may seek relief through arbitration or in small claims court as set forth below. Any action to enjoin the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights shall not be subject to the requirements of this Initial Dispute Resolution paragraph.

2 Arbitration. If the parties do not reach an agreed upon solution pursuant to the procedures outlined in the paragraph above, you and LU’U DAN each agree that any Dispute will be settled by binding arbitration, except that you and LU’U DAN each retain the right to bring an individual action in small claims court, the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of the party’s respective intellectual property rights, and the right to seek public injunctive relief in a court of competent jurisdiction. Any such small claims matter shall be brought in the state courts of the State of New York or the United States District Court for the Southern District of New York, and you consent to the exclusive personal jurisdiction and venue in such courts.

3 Scope of Arbitration. The arbitrator shall exclusively determine all issues as to the Dispute. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration, and the enforceability or interpretation of this Dispute Resolution Section.

4 Class Action Waiver; Individual Arbitration. You and LU’U DAN each waive the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute. Further, unless both you and LU’U DAN otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Dispute Resolution section will be deemed void. Except as provided in the preceding sentence, this Dispute Resolution section will survive any termination of this Agreement.

5 Arbitration Rules. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available www.adr.org) If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with this Agreement, you and LU’U DAN will pick another arbitrator pursuant to 9 U.S. Code § 5.

6 Arbitration Procedure and Location. If the value of the Dispute does not exceed 10,000 United States Dollars (“USD”), then the arbitration will be conducted solely on the basis of documents you and LU’U DAN submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary, in which case, such hearing shall be conducted by telephone, unless you and LU’U DAN agree otherwise. If the value of the Dispute exceeds 10,000 USD, your right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing shall be conducted in New York County, New York unless you and LU’U DAN agree otherwise. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration.

7 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator bases any award. Any award in arbitration shall determine the rights and obligations between the named parties only. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except that the arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Severability

To the extent permitted by law, where a specific clause of these Terms is declared null, that clause shall be deemed unwritten. However, to the extent permitted by law, this does not invalidate the successful registration of a user, the entire Terms, or any other terms and conditions accepted by the customers.

Termination

LU’U DAN may terminate or block your use of our Services if you violate these Terms or are engaged in illegal or fraudulent use of the Services. Where permitted by law, you agree that any termination of your use of the Services may be effected without prior notice. Further, you agree that, to the maximum extent permitted by law, LU’U DAN shall not be liable to you or any third party for any termination of your use or otherwise access to the Services. Any other provisions (or part of a provision) of these Terms that by their nature should survive termination of your right to use the Services shall also survive.

Disclaimers

THE SERVICES AND ALL SITE CONTENT, OR ANY OTHER FEATURE, CONTENT OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. LU’U DAN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. LU’U DAN HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. LU’U DAN MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED BY YOU THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (III) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. TO THE EXTENT PERMITTED BY LAW, LU’U DAN IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE SITE CONTENT, SERVICES, ACTIONS, OR INACTIONS OF ANY USER, ARTICLE, BLOG POST, NEWSLETTER, OR THE LIKE. YOU ACKNOWLEDGE THAT LU’U DAN HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF, THE TRUTH OR ACCURACY OF ANY USER CONTENT, OR THE ABILITY OF ANY USER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Limitation of Liability regarding SERVICES

TO THE EXTENT PERMITTED BY LAW, LU’U DAN SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LU’U DAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR (II) ANY MATTERS BEYOND LU’U DAN’S REASONABLE CONTROL. WITH RESPECT TO USER CONTENT OR STATEMENTS, LU’U DAN SHALL HAVE NO LIABILITY WITH RESPECT TO ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, AND TO THE EXTENT PERMITTED BY LAW, LU’U DAN IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND LU’U DAN HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD-PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Release

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LU’U DAN AND EACH OF ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, PARENT AND RELATED COMPANIES (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SERVICES, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE. TO THE EXTENT PERMITTED BY LAW, RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOTHE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

European Union 14 day cooling off period

Notwithstanding the above, if the merchandise is being shipped into the European Union, you have the right to cancel or return your order within 14 days, for any reason and without a justification. As above, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than within 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earlier.

You will have to bear the direct cost of returning the goods.

MODEL WITHDRAWAL FORM

To 9440-7590 Québec Inc., 333 Chabanel Ouest, Suite 900 , Montreal QC H2N 2E7, Canada, email: info@luu-dan.com.

I/We hereby give notice that I/We withdraw from my/our contract of sale of

the following goods,	[to be completed by the customer]
Ordered on/received on:	[to be completed by the customer]
Name of consumer(s),	[to be completed by the customer]
Address of consumer(s),	[to be completed by the customer]
Signature of consumer(s) (only if this form is notified on paper),	[to be completed by the customer]
Date	[to be completed by the customer]

Shipping Information

Once your order has been shipped, you will receive an email with your shipment’s tracking information, allowing you to keep tabs on the progress of your delivery. Merchandise will be delivered to the delivery address specified in the order.

Please note: tracking information will be updated online one (1) business day after your order has been shipped.

Separate Deliveries

If your order consists of multiple goods, we reserve the right to make separate deliveries. Separate deliveries may be necessary if certain goods are delayed or out of stock at the time of ordering. You will be informed if your order is subject to separate deliveries. You will not be charged with additional delivery costs for separate deliveries.

Duties and Taxes

If duties and taxes are included in the final price at check out, your order will be shipped Incoterms 2020 - DPU (delivered at place unloaded). Upon delivery, you will not be required to pay any additional fees.

If duties, taxes and fees are not included in the final price at check out, your order will be shipped Incoterms 2020 - DPU (delivered at place unloaded). As such, your order may incur duties, fees and import taxes upon delivery. This charge is determined by your local customs authority and payment of these fees is obligatory if you wish to obtain your shipment. For further information, please consult your local customs office.

APPLICABLE TO CUSTOMERS LOCATED IN THE USA

By placing an order, you acknowledge that this sale occurs outside the U.S., and that you are importing your order for non-commercial (personal) use. You also acknowledge that you will be listed as the importer for U.S. Customs and Border Protection purposes and that your order will be imported into the U.S. in accordance with the necessary customs requirements. Your order indicates your agreement to authorize LU’U DAN to appoint a designated carrier/customs broker, where applicable, as your unpaid agent for customs purposes by executing a power of attorney applicable to a single non-commercial shipment.

Your order serves as an electronic signature indicating your agreement to the following, as required by US Customs and Border Protection:

“The designated carrier/customs broker is hereby authorized to execute, as an unpaid agent who has knowledge of the facts, pursuant to the provisions of section 485(f), Tariff Act of 1930, as amended, the consignee’s and owner’s declarations provided for in section 485 (a) and (d), Tariff Act of 1930, as amended, and to enter on my behalf or for my account the goods described in the attached invoice which contains a true and complete statement of the facts concerning the shipment.”

Your authorization permits the carrier/customs broker to file on your behalf: (i) an administrative entry under section 321 of the Tariff Act of 1930, if eligible (see below); (ii) an informal entry pursuant to section 143.21 of the Customs Regulations, if eligible; or (iii) the customs formal entry on your behalf for any order that is over $2,500, or otherwise requires formal entry. You are responsible for any U.S. duties and taxes that may be due under U.S. law. Shipments to the U.S. of goods that are valued at US$800 or less may be imported without the payment of duties and taxes subject to certain restrictions, pursuant to section 321 of the U.S. Tariff Act of 1930 ("Section 321"). These restrictions include the following: (1) a single contract or order addressed to a same individual that exceeds US$800, cannot be split into more than one shipment to avoid the payment of duties and taxes; (2) individual orders addressed to a same individual that are consolidated by the shipper or carrier on a single bill of lading (“B/L”) or air waybill (“AWB”) will be treated as a single shipment and will not be entitled to Section 321 treatment if the total value exceeds US$800; and (3) if there are individual B/Ls or AWBs, the shipment will qualify unless there are several B/Ls or AWBs addressed to a same individual with shipment on the same day and the total value of these shipments is over US$800, in which case U.S. Customs and Border Protection will treat them as a single shipment. All goods purchased from LU’U DAN should be imported into the U.S. without the payment of duties and taxes pursuant to Section 321, only when Section 321 is applicable. Our express carriers have been instructed to apply Section 321 only where applicable.

This Privacy Policy describes how your personal data (“Personal Data”) is collected, used, and shared when you visit or make a purchase from www.luu-dan.com (the "Site" or “Website”). LU’U DAN takes your privacy very seriously and we do our best to adhere to the highest standards of data protection.

Data Collection

Personal Data that we may collect about you, and the reasons why we process it, include:

Type of Personal Data	Why we collect it	Legal basis
Name, Surname Email address Password Customer ID Order History Shipping address Delivery preferences Financial information Account details	Enabling you to create your account Managing your account and personal preferences Processing and shipping your orders Enabling you to access your order history with us at all times Providing you with customer service as may be required	Contractual necessity
Name, Surname Customer ID Order History Shipping address Financial information Order number	Documenting transactions you made on our website	Our legitimate interests in order to protect LU’U DAN's business and legal rights
Name, Surname Email address Email preferences Shopping preferences Customer ID	Providing you with exclusive email updates, promotions, and notifications including information about our products or services	Your consent (unless a legal exception applies)
Name, Surname Email address Your inquiry and your inquiry history	Processing and responding to any inquiry that you may address to us	Contractual necessity
Name, Surname Email address Order History Financial information Account details	Prevention of fraud	Legal obligation
Name, Surname Email address Password Customer ID Account details	Administering and maintaining our web platform	Our legitimate interests in order to offer, maintain and improve our platform
IP address Account details Shopping preferences	Data analytics, statistics and audience measurement	Our legitimate interests in order to understand how our website is being used and to help us customise and measure the audience on our website

2 Please note that the information you provide on our Website may be necessary for contractual purposes and for us to comply with our legal obligations. Without such information, we may not be able to process your order or to answer your queries.

3 We may also collect certain information automatically from your device. Specifically, the information we collect automatically may include information like your IP address, device type, unique device identification numbers, browser-type, broad geographic location (e.g. country or city-level location) and other technical information. We may also collect information about how your device has interacted with our Website, including the pages accessed and links clicked.

4 Collecting this information enables us to better understand the visitors who come to our Website, where they come from, and what content on our Website is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our Website to our visitors.

5 Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your Personal Data in accordance with the legal basis as explained above.

Sharing your Personal Data

We may disclose your Personal Data to the following categories of recipients:

(a) to our group companies for purposes consistent with this Privacy Policy, and in particular, so that they may contact you regarding products and services that may be of interest to you where you have given your consent. We take precautions to allow access to Personal Data only to those staff members who have a legitimate business need for access and with a contractual prohibition of using the Personal Data for any other purpose. Our group companies include: Atallah Group Inc. d.b.a. SSENSE, Atallah Group Limited, Atallah Hong Kong Limited, Atallah Group US Inc., GAI Services PTY Limited, Atallah International Inc.

(b) to our third party vendors, services providers and partners who provide data processing services to us, or who otherwise process Personal Data for purposes that are described in this Policy or notified to you when we collect your Personal Data. This may include disclosures to third party vendors and other service providers we use in connection with the services they provide to us, including to support us in areas such as IT platform management or support services, infrastructure and application services, marketing, data analytics. Our third party vendors, service providers and partners include, without being limited to: our logistics provider(s), Shopify (https://www.shopify.com/legal/privacy), Paypal Express, Facebook, Klaviyo, Invoice Hero and PluginHive.

(c) to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;

(d) to our auditors, advisors, legal representatives and similar agents in connection with the advisory services they provide to us for legitimate business purposes and under contractual prohibition of using the Personal Data for any other purpose;

(e) to a potential buyer (and its agents and advisers) in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your Personal Data only for the purposes disclosed in this Notice;

(f) to any other person if you have provided your prior consent to the disclosure.

Data storage, retention and deletion

1 The Personal Data we collect from you is stored in our servers located around the world.

We retain Personal Data we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to process your Personal Data, we will either delete or anonymise it or, if this is not possible (for example, because your Personal Data has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible.

International transfers of Personal Data

1 Your Personal Data may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country.

2 Specifically, our Website servers are located around the world, and our group companies and third party service providers and partners operate around the world. This means that when we collect your Personal Data we may process it in any of these countries.

3 However, we have taken appropriate safeguards to require that your Personal Data will remain protected in accordance with this Policy. When transferring your Personal Data to Canada, we rely on the EU Commission's adequacy decision 2002/2/EC available here. When transferring your Personal Data to the United States, we rely on the EU Commission's EU-US Privacy Shield decision (available here) if the recipient is appropriately certified. In all other cases, we only transfer or make your Personal Data available to other entities of the group of companies, to which LU’U DAN belongs, or to our third party services providers in third countries where such transfer is necessary for the performance of a contract between you and LU’U DAN or the implementation of pre-contractual measures.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

--- Temporary blacklist of IP addresses associated with repeated failed transactions. This blacklist persists for a small number of hours.

---Temporary blacklist of credit cards associated with blacklisted IP addresses. This blacklist persists for a small number of days.

Selling Personal Data

Our Site does not sell Personal Data, as defined by the California Consumer Privacy Act of 2018 (“CCPA”).

Your rights

You have the following data protection rights:

1 If you wish to access, correct, update or request deletion of your Personal Data, you can do so at any time by contacting us by email at: shop@luu-dan.com

2 In addition, in certain circumstances, as stipulated in the applicable data protection legislation, you can object to processing of your Personal Data, ask us to restrict processing of your Personal Data or request portability of your Personal Data. Again, you can exercise these rights by contacting us using the contact details mentioned above.

3 If we have collected and processed your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.

4 If you have a complaint or concern about how we are processing your Personal Data then we will endeavour to address such concern(s). If you feel we have not sufficiently addressed your complaint or concern, you have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority. (Contact details for data protection authorities in the European Economic Area, Switzerland and certain non-European countries (including the US and Canada) are available here.)

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

GDPR

If you are a resident of EEA, kindly note that your Personal Data will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

CCPA

If you are a resident of California, you have the right to access the Personal Data we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Data be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above.

If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address above.

Minors

The Services we provide on this Website are not intended for individuals below the age of majority in your jurisdiction. If you are a minor in your jurisdiction, please do not use or register on this Website.

Linking to other websites

The Website may contain hyperlinks to websites owned and operated by third parties. These websites have their own privacy policies and we urge you to review them. They will govern the use of Personal Data you submit whilst visiting these websites. We do not accept any responsibility or liability for the privacy practices of such third party websites and your use of such websites is at your own risk.

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies Necessary for the Functioning of the Store

Name	Function	Duration
_ab	Used in connection with access to admin.	2y
_secure_session_id	Used in connection with navigation through a storefront.	24h
_shopify_country	Used in connection with checkout.	session
_shopify_m	Used for managing customer privacy settings.	1y
_shopify_tm	Used for managing customer privacy settings.	30min
_shopify_tw	Used for managing customer privacy settings.	2w
_storefront_u	Used to facilitate updating customer account information.	1min
_tracking_consent	Tracking preferences.	1y
c	Used in connection with checkout.	1y
cart	Used in connection with shopping cart.	2w
cart_currency	Used in connection with shopping cart.	2w
cart_sig	Used in connection with checkout.	2w
cart_ts	Used in connection with checkout.	2w
cart_ver	Used in connection with shopping cart.	2w
checkout	Used in connection with checkout.	4w
checkout_token	Used in connection with checkout.	1y
dynamic_checkout_shown_on_cart	Used in connection with checkout.	30min
hide_shopify_pay_for_checkout	Used in connection with checkout.	session
keep_alive	Used in connection with buyer localization.	2w
master_device_id	Used in connection with merchant login.	2y
previous_step	Used in connection with checkout.	1y
remember_me	Used in connection with checkout.	1y
secure_customer_sig	Used in connection with customer login.	20y
shopify_pay	Used in connection with checkout.	1y
shopify_pay_redirect	Used in connection with checkout.	30 minutes, 3w or 1y depending on value
storefront_digest	Used in connection with customer login.	2y
tracked_start_checkout	Used in connection with checkout.	1y
checkout_one_experiment	Used in connection with checkout.	session

Reporting and Analytics

Name	Function	Duration
_landing_page	Track landing pages.	2w
_orig_referrer	Track landing pages.	2w
_s	Shopify analytics.	30min
_shopify_d	Shopify analytics.	session
_shopify_s	Shopify analytics.	30min
_shopify_sa_p	Shopify analytics relating to marketing & referrals.	30min
_shopify_sa_t	Shopify analytics relating to marketing & referrals.	30min
_shopify_y	Shopify analytics.	1y
_y	Shopify analytics.	1y
_shopify_evids	Shopify analytics.	session
_shopify_ga	Shopify and Google Analytics.	session

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Questions or Complaints

After reviewing this Privacy policy, if you have additional questions, want more information about our privacy practices, or would like to make a complaint, please contact us by e-mail at info@luu-dan.com or by mail using the details provided below:

9440-7590 Québec Inc., 333 Chabanel Ouest, Suite 900 , Montreal QC H2N 2E7, Canada

Legal Status of This Privacy Policy

This Privacy Policy is not intended to and does not create or form part of any contract or create any contractual rights or amount to any representation to induce a contract. Your rights in relation to this Privacy Policy are limited to any non-contractual obligation of confidentiality we may owe you at law and any non-contractual rights you may have at law.

We may change this Privacy Policy from time to time without notice to you, including by publishing a new version on our website. You should check our Website from time to time for updates to our Privacy Policy.

Last updated: May 26, 2022