Terms & Conditions for Sellers

OVERVIEW

This website is operated by Lucasgift. Throughout the site, the terms “we”, “us” and “our” refer to Lucasgift. Lucasgift offers this website, including all information, tools and services available from this site to you, the seller, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or creating seller account with us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all sellers of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell products and services.

SECTION 1 - ONLINE WEBSITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use Lucasgift for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Seller account.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes and controls to conform and adapt to technical requirements of Lucasgift operations. Lucasgift never seeks for Seller credit card or bank information.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

All Sellers are also agree the other relevant rules listed on the website such as Luca's Promise, Shipping & Return Policy, Privacy Policy.

Lucasgift can use any 3rd party apps and services for including but not limited to seller's ID verification, sales tax payments, sellers' payments and Sellers accept to their Terms of Service along with their Privacy Policies.

 SECTION 3 - COMMISSION RATES AND PAYMENT TERMS

Sellers are required to have an active PayPal account as long as they sell their products on Lucasgift. Only one way of payment is made to sellers, weekly via PayPal Payouts and it is made automatically on every Mondays. We are not liable if your PayPal account gets closed, inaccessible or blocked due to your violation of their Terms. Your funds will be available for deposit 14 days after fulfillment.

We have flat rate of 30% commission on each sale on the website from the original order amount (tax is not included in order amount). There are NO transaction fees, listing fees or any other hidden fees involved in your earnings. Lucasgift covers all the transactional fees, hosting fees, marketing fees, discount amounts, affiliate and referral commissions and such. Sellers however, are still responsible for the Free Standard Shipping and Free Return costs.

Return labels should be provided by Sellers at their convenience but 100% free of charge to the customer. Lucasgift does not have any carrier restrictions.

Sales tax are collected (if any), and paid to respective authorities by Lucasgift. Sellers are not responsible for sales tax collection and payments.

Lucasgift does not issue any tax documents to its sellers including but not limited to 1099-K, W-2 or such. Sellers will receive all of their earnings via their PayPal accounts and PayPal issues 1099-K forms annually. Sellers can get their tax forms from their PayPal accounts.

SECTION 4 - ALLOWED PRODUCT TYPES AND PROHIBITED ITEMS

All sorts of personalized items can be sold on Lucasgift, unless it is from the prohibited items list below. You can also sell, handcrafted, unique and any work of craftsmanship you have made!

As a general rule, you can sell everything that you can consider as a “Gift” using common sense.

Here is the list of what you cannot sell:

  • Any branded item (including but not limited to fragrances, spare parts, electronics, pharmacy items and such)
  • Any altered branded item (i.e. altered Nike shoes, or Customized LEGO set)
  • Any trademarked or copyrighted item (i.e. Disneyworld shirts, Car logo keychains)

Lucasgift applies very strict and serious measures on Intellectual Property protection and even a single report about your shop may cause permanent termination of your Selling rights on the website.

Prohibited items list:

  • Alcohol, Tobacco, Drugs, Drug Paraphernalia, Medical Drugs and Devices, and Products making Medical Claims
  • Illegal Products, Products for or used in Illegal Activity, and highly regulated Raw Materials or Products
  • Live Animals or Livestock
  • Food of any kind
  • Animal and Human Remains
  • Hazardous Materials including but limited to Explosives, Flammable Items, Gases, Radioactive Materials, Poisons, Lithium ion Batteries
  • Recalled Products
  • Weapons of any kind
  • Adult Toys and Sexual Accessories
  • Products containing Sexual Language References
  • Any sort of product that contains Nudity of any kind
  • Any sort of product that contains Pornography of any kind
  • Any sort of product that promote, or support Hatred of any kind
  • Any sort of product that promote, or support Violence of any kind

In common sense, anything you would consider as NOT SAFE is prohibited to be sold on Lucasgift.

Lucasgift also applies very strict and serious measures on Prohibited Items enforcement and even a single case about your shop WILL cause permanent termination of your Selling rights on the website.

SECTION 5 - CREATING SELLER ACCOUNT AND SAFETY

Creating a Seller account on Lucasgift is Free. There will be no ad costs, transaction fees, monthly membership fee, no hidden fees, none.

REQUIREMENTS TO SELL ON LUCASGIFT:

  • Be at least 18 years or older
  • Have a valid Govt. issued photo ID
  • Use your legal name, no alias names are allowed as Seller Name
  • Have an active PayPal account to receive funds, Lucasgift does NOT offer any other Payment Method
  • Sellers are also need to create FREE Shipstation account to link their Seller account for Order Fulfillment

Each Person is allowed to open only 1 Shop on Lucasgift. Trying to open different shops may result in deactivation of your current shop.

SECTION 6 - RESPECT LUCASGIFT, OTHER SELLERS AND CUSTOMERS

The website has some site-wide rules that all sellers must follow and respect. These rules are to make everyone's lives easier instead of making things difficult. So, let's respect them all.

  • Lucasgift guarantees max. 14 days of delivery on every product. If your order does not get delivered after 14 days from the order date, customer is eligible to claim Luca's Promise, please check that page for details. All Sellers on Lucasgift must fulfill their orders within 7 days and ship out with up to max 7 days of carrier service. Products requiring more than 7 days of fulfillment period are not eligible to be sold on Lucasgift.
  • Customers have 2 hours to make cancellations or any changes on their orders. If 2 hours has passed, the order cannot be cancelled or modified. Please note, orders with late Cancellation or Modification requests are not eligible for return or refund.
  • Every seller accepts to have at least 1 free shipping method here on Lucasgift. For upgraded and quicker rush shipping options, customers contact particular seller to make additional payment if requested by the seller. Please see to Shipping and Return Policy for more details.
  • Offering off-site transaction or communication is allowed and welcomed on Lucasgift. Single  report about your shop WILL cause permanent termination of your Selling rights on the website.
  • Lastly, we want every seller to respect Intellectual Property rights. Avoid any sort of copycat, copyright or trademark issue by checking your designs before publishing your products. A single  report about your shop may cause permanent termination of your Selling rights on the website.

SECTION 7 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 8 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the fraud customer account, stolen credit card, and/or any sort of fraud orders. In the event that we make a change to or cancel an order, we may attempt to notify Sellers by contacting the e‑mail provided at the time the registration was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SECTION 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 11 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12 - USER GENERATED CONTENT INCLUDING PHOTOS, DESCRIPTIONS, COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send photos, creative ideas, suggestions, proposals, plans, or any other materials, whether online, by email, by postal mail, or otherwise (collectively, 'content'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any content that you forward to us. We are and shall be under no obligation (1) to maintain any content in confidence; (2) to pay compensation for any content; or (3) to respond to any content.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any content. You are solely responsible for any content you make and their accuracy. We take no responsibility and assume no liability for any content posted by you or any third-party.

SECTION 13 - PERSONAL INFORMATION

Lucasgift can use any 3rd party apps and services for including but not limited to seller's ID verification, sales tax payments, sellers' payments and Sellers accept to their Terms of Service along with their Privacy Policies.

Sellers may be asked to provide 1 type of Govt. issued photo ID for verification while in the onboarding stage and/or in the rare event of suspicious account activity like stolen account, lost account and such.

Lucasgift will NEVER ask for Seller credit card or bank information. Please prevent yourself from online spams and scams. We do not assume any liability if scammers try to get your personal information through our messaging system.

Your submission of personal information through the website is governed by this Terms and also our Privacy Policy. For details go to view our Privacy Policy page.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, harm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Lucasgift, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Lucasgift and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 22 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us by Contact page.