Terms of service
March 4th, 2025
1. General Information
1.1 Company Details
Company Name: Lucky Sake AG
Registered Address: Grabenstrasse 9, CH-6340 Baar, Switzerland
Email: flow@heavensake.com
1.2 Scope of Services
Lucky Sake AG operates an online store that sells jackets and related merchandise. We provide the Service “as is,” and all purchases are subject to these Terms.
2. Eligibility
2.1 Age Requirement
You must be at least 18 years of age (or have reached the age of majority in your jurisdiction) to use our Service and make purchases.
2.2 Compliance
You agree to comply with all applicable local, state, national, and international laws, rules, and regulations in your use of the Service and your purchase of Products.
3. Orders and Purchases
3.1 Order Process
You may place an order for Products through our online store.
All orders are subject to acceptance and availability.
We reserve the right to refuse or cancel any order at our sole discretion.
3.2 Pricing and Payment
Prices for our Products are subject to change without notice.
We accept various payment methods displayed at checkout. You agree to provide current, complete, and accurate billing information.
By submitting payment information, you authorize us to charge you for all Products purchased and any associated fees.
3.3 Taxes and Duties
You are responsible for all taxes, duties, and fees associated with your purchase, including any applicable sales or value-added taxes.
4. Shipping and Delivery
4.1 Shipping
We will arrange for shipment of the Products to you according to the method you select during checkout. Any shipping times provided are estimates only, and actual delivery may vary.
4.2 Risk of Loss
All Products purchased from the Company are made pursuant to a shipment contract. Risk of loss and title for such Products pass to you upon our delivery to the carrier.
4.3 International Shipments
For international orders, you are responsible for ensuring the Products can be lawfully imported into your destination. You must comply with all applicable laws, regulations, and restrictions of the destination country.
4.4 Lost or Stolen Packages
Once a package leaves our warehouse facility, the Company is not liable for lost or stolen goods.
You are responsible for verifying the accuracy of the shipping address provided.
Any claims for lost packages must be filed directly with the carrier.
4.5 Undelivered Packages
If a package is returned to our warehouse as undeliverable, you must pay any additional shipping fees for re-dispatch.
4.6 Exceptional Cases
For any concerns or inquiries that fall outside our standard policies, please contact us at flow@heavensake.com, and we will be happy to assist you.
5. Returns and Refunds
5.1 All Sales Are Final
All sales are considered final. However, in the rare case of receiving a damaged or incorrect item, please see section 5.3 below.
5.2 Right of Withdrawal for EU Customers
If you are a customer in the European Union, you have the legal right to withdraw from your purchase within 14 days of delivery, without providing a reason.
To initiate a return, please contact us at flow@heavensake.com with your order details.
Our team will guide you through the return process.
5.3 Damaged or Incorrect Items
If you receive an item that is damaged or incorrect, please report it within 48 hours of delivery by sending clear photos and a description of the issue to flow@heavensake.com.
Upon review, we will provide a refund or replacement if applicable.
5.4 Return Conditions (EU Withdrawal or Company-Approved Returns)
The item must be unused and in its original condition, with all tags, packaging, and accessories intact.
You are responsible for arranging and covering the cost of return shipping.
We strongly suggest using a trackable shipping service to ensure safe return of your item and to avoid disputes in the event of lost or delayed shipments.
We cannot be held responsible for returns not received at our facility.
5.5 Refund Process
Once your returned item is received and inspected, we will process your refund within 14 days to the original payment method, for the full product price.
Return shipping costs will not be reimbursed.
Refund times may vary based on your bank’s processing timeline.
5.6 Customer Support Window
After 60 days from purchase, we no longer provide customer service for products, including returns or refunds.
6. Intellectual Property
6.1 Ownership
All trademarks, service marks, trade names, logos, and other intellectual property displayed on or in connection with the Service or the Products are the property of the Company or third parties. You may not use any of these without the prior written permission of the rightful owner.
6.2 License and Restrictions
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit the Service or its contents unless expressly authorized by us.
7. Disclaimer of Warranties
7.1 Service Provided “As Is”
THE SERVICE, INCLUDING ALL CONTENT, INFORMATION, AND MATERIALS, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
7.2 No Guarantees
We do not guarantee that the Service or the Products will meet your specific requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free.
8. Limitation of Liability
8.1 Maximum Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LUCKY SAKE AG, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
8.2 Scope of Liability
OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR THE PRODUCTS GIVING RISE TO THE CLAIM.
8.3 Assumption of Risk
Your use of the Service and purchase of the Products is at your sole risk. We assume no responsibility for any damage to your computer system or loss of data that results from downloading any content from the Service.
9. Indemnification
You agree to defend, indemnify, and hold harmless Lucky Sake AG, its directors, officers, employees, affiliates, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Service, your breach of these Terms, or any law or regulation.
10. Termination
We reserve the right to terminate or suspend your access to the Service, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, all rights granted to you under these Terms will cease immediately.
11. Governing Law and Dispute Resolution
11.1 Governing Law
These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.
11.2 Jurisdiction
Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts located in the canton of Zug, Switzerland.
12. Changes to These Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting to the Service. Your continued use of the Service following the posting of revised Terms indicates your acceptance of those changes.
13. Miscellaneous
13.1 Entire Agreement
These Terms, along with any policies or operating rules posted by us on the Service (including our Return Policy and Shipping Policy as incorporated herein), constitute the entire agreement and understanding between you and the Company regarding the use of the Service and the purchase of Products.
13.2 Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
13.3 No Waiver
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
13.4 Assignment
We may assign our rights and obligations under these Terms without notice or consent. You may not assign or transfer any rights or obligations hereunder without our prior written consent.
14. Contact Us
If you have any questions about these Terms, please contact us at:
Lucky Sake AG
Grabenstrasse 9, CH-6340 Baar, Switzerland
Email: flow@heavensake.com
By placing an order and completing a purchase through our online store, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including the Return Policy and Shipping Policy detailed herein.