TERMS AND CONDITIONS
Welcome to Luscious Linens. Please read these Terms and Conditions carefully before using our services.
1. Agreement
By using our services, you agree to be bound by these Terms and Conditions, including the Privacy Policy. If you do not agree with any of these terms, please do not use our services.
2. Customer Service Guarantee
We are not satisfied until you are! If after using our online resources you still have questions or are not completely satisfied, we want to hear from you. You may send your question or concerns to us by email or call one of our Customer Service Specialists at 1.888.248.5638 Monday-Friday 9am – 5pm (MST).
3. Products
We offer a variety of linens, including bed sheets, pillowcases, blankets and lubrication. Our products are subject to availability and we reserve the right to limit the quantity of any product.
4. Orders
To place an order, you must provide accurate and complete information. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
5. Payment
All payments are processed through a secure payment gateway. We accept all major credit cards and PayPal. Payment must be received before we process your order.
6. Shipping
Please refer to product page to know more about shipping and costs.
7. Returns
We accept returns within 15 days of purchase. To be eligible for a return, your item must be unused and in the same condition that you received it. You are responsible for the cost of return shipping. Please refer to our Refund Policy.
8. Warranty
We stand behind the quality of our products and offer a one-year warranty against defects in materials and workmanship. Please refer to our Refund Policy.
9. Third Party Links
We may provide online links to third party web sites; however, these links are provided as a convenience only and should not be considered as a Luscious Linens endorsement of the site, the party that maintains the site or the products, service or information on the site. Such links to third party sites will take you out of our website. We are not responsible for the contents of any linked site, or any link contained in a linked site, any changes or updates to such sites, or the use of your information by the operators of such site.
10. Limitation of Liability
In no event shall Luscious Linens Ltd., it’s subsidiaries or affiliated entities or their respective officers, directors, employees, agents or other representatives be liable for any direct, indirect, punitive, incidental, special, incidental or consequential damages including but not limited to loss of date, use or profits (whether involving allegations of breach of contract, warranty, negligence or otherwise) and whether we have been advised of the possibility of such damages, resulting from your access to, use of, or inability to use, this website and our content.
Please note that some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. As a result, some of the above exclusions may not apply to you.
11. Use of Materials on this website
Luscious Linens maintains this website for your personal entertainment, information, education, and communication. You should assume that everything you see or read on the website (such as images, photographs, illustrations, texts and other materials) (“Content”) is the property of Luscious Linens and its licensors and partners. Without Luscious Linens’ prior written permission, you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of our Content in any way, including using our Content on any other website or in a networked computer environment. However, you may electronically copy or print pages from this website for personal, non-commercial use, provided that you include a copyright notice on each page.
12. Copyright Notice
All content on this site is the property of Luscious Linens Ltd. or its content suppliers and is protected by Canadian, U.S. and International copyright laws. All software used on this site is the property of Luscious Linens or its software suppliers and protected by Canadian, U.S. and international copyright laws. Users of this site may use the content and software on this site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited. Copyright © Luscious Linens Ltd. All rights reserved 2023.
13. Errors on our web site
We make every effort to ensure that the information on LusciousLinens.ca is accurate, complete, and current. Despite our efforts, there may be instances when information about a Product contains inaccurate or incomplete data, including data about the Product’s price or availability. Luscious Linens makes no warranty or guarantee that the information on Lusciouslinens.ca is error-free, complete, or current. We reserve the right to correct errors and/or update the content on LusciousLinens.ca at any time without notice. Luscious Linens also reserves the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type.
14. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Canada.
Thank you for choosing Luscious Linens!
Affiliate Terms – Luscious Linens
Our affiliate program offers 20% on successfully shipped completed orders and offers a lifetime tracking cookie. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at affiliate@lusciouslinens.ca
PLEASE READ THE ENTIRE AGREEMENT.YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Luscious Linens Ltd.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. Overview
This agreement contains the complete terms and conditions that apply to you becoming an affiliate in Luscious Linens affiliate program. The purpose of this agreement is to allow HTML linking between your web site and the Luscious Linens web site. Please note that throughout this agreement, “we,” “us,” and “our” refer to Luscious Linens and “you,” “your,” and “yours” refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application here. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our program, including if it
2.1 Promotes sexually explicit materials on under aged children
2.2 Promotes violence
2.3 Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.4 Promotes illegal activities
2.5 Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.6 Includes “Luscious Linens” or variations or misspellings thereof in its domain name
2.7 Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.8 Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.9 You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Luscious Linens or any other affiliated business.
2.10 As a member of Luscious Linens Affiliate Program, you will have access to an affiliate login. Here you will be able to review our program’s details and previously-published affiliate information and stats and banner creatives.. In order for us to accurately keep track of all guest visits from your site to ours, you must use the referral link code that we provide for each banner, text link, or other affiliate link we provide you with.
2.11 Luscious Linens reserves the right, at any time, to review your placement and approve the use of your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.12 The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.13 It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
2.14 You may not make unverified claims about Luscious Linens, if you make any unverified claims we reserve the right to cancel your account and terminate all commissions. Please check with us if you have any questions on what you can say. Following our website is a good guideline.
2.1.1 Luscious Linens Rights and Obligations
2.1.2 We have the right to monitor your site at any time to determine if you are following the terms and conditions of this agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Luscious Linens affiliate Program.
2.1.3 Luscious Linens reserves the right to terminate this agreement and your participation in the Luscious Linens affiliate program immediately and without notice to you should you commit fraud in your use of the Luscious Linens affiliate program or should you abuse this program in any way. If such fraud or abuse is detected, Luscious Linens shall not be liable to you for any commissions for such fraudulent sales.
3. This Agreement will begin upon our acceptance of your affiliate application, and will continue unless terminated hereunder.
4. Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this agreement by you.
5. Modification
We may modify any of the terms and conditions in this agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Luscious Linens affiliate program rules. If any modification is unacceptable to you, your only option is to end this agreement. Your continued participation in Luscious Linens affiliate Program following the posting of the change notice or new agreement on our site will indicate your agreement to the changes.
6. Payment
Luscious Linens uses a third party to handle all of the tracking and payment. The third party is done via an affiliate plugin through Woo Affiliate Coupon. Kindly review the network’s payment terms and conditions.
8. Access to Affiliate Account Interface
You will create a password so that you may enter Woo Affiliate Coupon secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions Luscious Linens could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Luscious Linens. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Luscious Linens so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Luscious Linens so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Luscious Linens. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this agreement and your participation in the Luscious Linens affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Luscious Linens and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Luscious Linens affiliate program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior
.8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Luscious Linens service).
8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Luscious Linens site (i.e., no page from our site or any Luscious Linens content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Luscious Linens website in IFrames, hidden links and automatic pop ups that open Luscious Linens site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Luscious Linens affiliate Program. You agree that all uses of the licensed materials will be on behalf of Luscious Linens and the good will associated therewith will inure to the sole benefit of Luscious Linens.
9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.10. Disclaimer Luscious Linens MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING Luscious Linens SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF Luscious Linens ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.11. Representations and WarrantiesYou represent and warrant that:
9.3. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this agreement and to perform your obligations under this agreement, without the approval or consent of any other party;
9.4. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
10. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL Luscious Linens CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
11. Indemnification
You hereby agree to indemnify and hold harmless Luscious Linens, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
12. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
13. Miscellaneous
You agree that you are an independent contractor, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Luscious Linens. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or any other of Your sites or otherwise, that reasonably would contradict anything in this section.
14. Neither party may assign its rights or obligations under this agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15. This agreement shall be governed by and interpreted in accordance with the laws of all Canadian provinces, US States and all international laws and jurisdictions world wide, without regard to the conflicts of laws and principles thereof.
16. You may not amend or waive any provision of this agreement unless in writing and signed by both parties.
17. This agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
18. The headings and titles contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of this agreement.
19. If any provision of this agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
