Last Modified: December 11, 2024

1. YOUR RIGHTS AND OBLIGATIONS
   1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
   2. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
   3. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE OR VIA PHONE OR MAIL, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
   4. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE SITE OR VIA PHONE OR MAIL ORDER IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH LLEWELLYN WORLDWIDE, LTD., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE, OUR PHONE NUMBER, THE MAIL SYSTEM, OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
   5. These terms and conditions (these "Terms") apply to the purchase and sale of products and services through https://www.llewellyn.com/ (the "Site") or via mail or phone order directly from Llewellyn Worldwide, Ltd. (referred to as "us", "we", or "our" as the context may require). Purchases of any products or services made through the Site or via mail or phone order from us are referred to as a "Covered Purchase". These Terms are subject to change by us without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms before making any Covered Purchase. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
   6. These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before making any Covered Purchase (see Section 10).
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. Prices and Payment Terms
   1. All prices, discounts, and promotions posted on this Site or in our catalogue are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be sent out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
   2. We may offer, from time to time, promotions that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. Please also see our FAQ page for information regarding promotional coupons.
   3. Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We may use a third party payment processor to process your payment. We accept the following payment methods:
      • For all Covered Purchases: Visa, Mastercard, Discover, American Express
      • For mail-in orders only: personal checks, money orders

      You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site or catalogue at the time of your order.

4. Shipments; Delivery; Title and Risk of Loss
   1. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. Please also see our FAQ page for information regarding available shipping options, including pricing and estimated delivery timelines. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Note that if you are a dealer or trade partner ("Commercial Customer"), then the shipping terms set forth in your account will apply instead of those in these Terms in the case of conflict.
   2. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds. Except for any products designated on the Site or catalogue as final sale or non-returnable or as described in this Section 5, we will accept a return of the products for a refund of your purchase price, provided such return is made within 30 days of delivery with valid proof of purchase and provided such products are returned in their original condition. If we have not received your returned products within 30 days of the date they are originally delivered to you, you will not be eligible for a refund.

   You are responsible for creating a return label and for all shipping and handling charges on returned items. You bear the risk of loss during shipment.

   Once your return is reviewed a refund will be processed within approximately 14 business days. Your refund will be provided as a credit back to the same credit card payment used. An account credit will be provided when the payment method is check, money order or cash; upon request we will provide a refund via check.

   THE FOLLOWING PRODUCTS ARE NOT RETURNABLE, AND WE OFFER NO REFUNDS FOR THESE PRODUCTS:

   • Any products designated on the Site or in the catalogue as final sale or non-returnable.
   • Opened kits and decks (such as tarot or oracles), CDs and DVDs, including where the seal on the packaging has been broken.
   • Items purchased from someone other than us.
6. Disclaimers
   1. ALL PRODUCTS OFFERED ON THIS SITE OR VIA MAIL ORDER OR PHONE ORDER ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO SAID PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
   2. WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO ANY SERVICES OFFERED ON THIS SITE OR VIA MAIL ORDER OR PHONE ORDER. ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
   3. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
7. Limitation of Liability
   1. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE ANY COVERED PURCHASE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE; PROVIDED THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE UNENFORCEABLE (E.G., AS AGAINST PUBLIC POLICY), IN NO EVENT WILL OUR MAXIMUM CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE ANY COVERED PURCHASE EXCEED THE GREATER OF (i) THE AMOUNT PAID BY YOU TO US FOR PRODUCTS AND SERVICES PURCHASED THROUGH COVERED PURCHASES IN THE PRECEDING TWELVE (12) MONTHS AND (ii) TEN DOLLARS ($10.00). 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.
   2. The limitation of liability set out in Section 7(a) does not apply to liability resulting from our gross negligence or willful misconduct.
   3. The informal dispute resolution procedure detailed in Section 13 is available to you if you believe that we have not performed our obligations under this Agreement.
8. Goods Not for Resale or Export. Unless you are a Commercial Customer, you represent and warrant that you are buying products or services from through a Covered Purchase for your own personal or household use only, and not for resale or export. In any case, products and services purchased through Covered Purchases may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations. You agree to comply with all applicable laws, rules and regulations regarding the export of the Products and services purchased through Covered Purchases.
9. Intellectual Property Use and Ownership. You acknowledge and agree that we and our licensors are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site or our catalogue and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site or our catalogue, or of any intellectual property rights relating to those products or services.
10. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
11. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms or any Covered Purchase are governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Minnesota.
13. Dispute Resolution and Binding Arbitration
    1. YOU AND LLEWELLYN WORLDWIDE, LTD. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

       ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH A COVERED PURCHASE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

    2. 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 Section 13. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration will be located in St. Paul, Minnesota.

       The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

    3. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy
    4. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR LLEWELLYN WORLDWIDE, LTD. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

       If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

14. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
15. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Llewellyn Worldwide, Ltd.
16. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than us and you.
17. Notices
    1. To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by email transmission to CustomerService@Llewellyn.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to Llewellyn Worldwide, Ltd., 2143 Wooddale Drive, Woodbury, MN 55125. We may update the email address or physical address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
18. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
19. Entire Agreement. These Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
20. Accessibility. If you would like to request an accessible copy of these terms and conditions, please email CustomerService@Llewellyn.com.