Terms of service

 

TERMS OF SERVICE

OVERVIEW

Welcome to Lotus Home & Living Store! The terms “we,” “us,” and “our” refer to Lotus Home & Living Store, operated by LOTUS CASA INC.

Lotus Home & Living Store operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Lotus Home & Living Store is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, available at:

https://9dwsy0-15.myshopify.com/policies/privacy-policy

If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information.

You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ depending on the device, screen settings, lighting, and other conditions.

Product dimensions and measurements may be approximate. Customers are responsible for reviewing all product descriptions, dimensions, package information, access requirements, and other specifications before placing an order.

We do not guarantee that the appearance or quality of any product or service purchased will meet every customer’s subjective expectations or appear exactly the same as depicted on a screen.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product and may limit the quantities offered to any person, geographic region, or jurisdiction.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Lotus Home & Living Store reserves the right to accept or decline an order for any lawful reason at its discretion.

Your order is not accepted until Lotus Home & Living Store confirms acceptance. We must receive and process your payment before the order is accepted.

Please review your order carefully before submitting it, including the product, color, size, quantity, delivery address, telephone number, and other information.

Once an order has been submitted to our fulfillment partner, cancellation may not be possible. If cancellation or interception is requested after fulfillment processing begins, any applicable cancellation, interception, shipping, carrier, or processing charges may be deducted from the customer’s refund.

Our complete Return and Refund Policy is available at:

https://9dwsy0-15.myshopify.com/policies/refund-policy

If we decline, change, or cancel an order, we will attempt to notify you using the email address, billing address, or telephone number provided with the order.

You represent and warrant that your purchases are for your own lawful personal, household, or business use and are not intended for unauthorized resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect when the order is placed and will appear in the order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes or separately stated shipping, handling, customs, or import charges.

Prices posted in our online store may differ from prices offered through physical stores, marketplaces, promotional campaigns, or third-party sales channels.

We may offer promotions governed by terms separate from these Terms. If there is a conflict between promotion terms and these Terms, the specific promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your information so that we can complete transactions and contact you when necessary.

You represent and warrant that:

• The payment information you provide is true, correct, and complete
• You are authorized to use the selected payment method
• Charges incurred will be honored by your payment provider
• You will pay all applicable product, shipping, handling, and tax charges

SECTION 5 — SHIPPING AND DELIVERY

All delivery times and estimated delivery dates are estimates only and are not guaranteed.

We are not responsible for delays caused by carriers, severe weather, natural disasters, customs processing, inaccessible delivery locations, incorrect customer information, or circumstances outside our reasonable control.

Customers must provide a complete and accurate delivery address and telephone number and must cooperate with carrier calls, delivery appointments, and reasonable access requirements.

Additional charges resulting from an incorrect address, missed appointment, unavailable recipient, restricted access, redelivery, storage, refusal, or other customer-caused delivery issue may be charged to the customer or deducted from any approved refund.

Please inspect the shipment promptly upon delivery. Any visible damage, missing parts, defects, or incorrect items must be reported in accordance with our Return and Refund Policy.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Lotus Home & Living Store, its affiliates, suppliers, or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, or transmit material from the Services without prior written consent.

Nothing in these Terms grants you a license or other right under any patent, trademark, copyright, or other intellectual property belonging to Lotus Home & Living Store, Shopify, or any third party.

Lotus Home & Living Store’s names, logos, product and service names, designs, and slogans are trademarks of Lotus Home & Living Store or its affiliates or licensors. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. Other names, logos, and designs belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be provided access to tools offered by third parties as part of the Services. We do not necessarily monitor or control these tools.

Access to such tools is provided “as is” and “as available,” without warranties, representations, conditions, or endorsements of any kind.

Your use of optional third-party tools is at your own risk and discretion. You should review and approve the applicable third-party terms before using them.

Any future features, tools, or resources offered through the Services will also be considered part of the Services and will be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain content or links to websites provided or operated by third parties. We are not responsible for examining or evaluating the content, accuracy, practices, or security of third-party materials or websites.

If you leave the Services to access a third-party website, you do so at your own risk.

We are not liable for harm or damages arising from access to third-party websites or from the purchase or use of third-party products, services, resources, or content.

Please review the policies and practices of third parties before entering into any transaction with them. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Lotus Home & Living Store is powered by Shopify, which enables us to provide the Services to you.

However, all sales and purchases made through our store are made directly with Lotus Home & Living Store.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Lotus Home & Living Store, including any injury, damage, or loss resulting from purchased products and services.

You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with Lotus Home & Living Store.

SECTION 10 — PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy, available at:

https://9dwsy0-15.myshopify.com/policies/privacy-policy

Certain personal information may also be subject to Shopify’s Privacy Policy:

https://www.shopify.com/legal/privacy/app-users

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information submitted through the Services may be transmitted to and shared with Shopify and service providers that may be located in countries other than your country of residence, as described in the applicable privacy policies.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display the Feedback in any medium for lawful business purposes.

You represent and warrant that:

• You own or have all necessary rights to the Feedback
• You have disclosed any compensation or incentive connected with the Feedback
• The Feedback complies with these Terms and applicable law

We are not obligated to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may monitor, edit, or remove Feedback that we determine is unlawful, offensive, threatening, defamatory, obscene, infringes another party’s rights, or otherwise violates these Terms.

You may not use a false email address, impersonate another person, or mislead us or others about the origin of Feedback. You are responsible for the Feedback you submit and its accuracy.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Information in the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, specifications, inventory, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted, subject to applicable law.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to:

• Violate any international, federal, state, provincial, or local law
• Infringe our intellectual property rights or the rights of others
• Harass, abuse, threaten, defame, intimidate, or harm another person
• Transmit false, misleading, unlawful, abusive, or obscene information
• Distribute spam, phishing messages, malware, viruses, or malicious code
• Impersonate another person or entity
• Collect or track another person’s personal information without authorization
• Interfere with or circumvent security or authorization features
• Reproduce, duplicate, copy, sell, resell, or exploit the Services without authorization
• Engage in conduct that restricts another person’s use of the Services or exposes us, Shopify, or others to liability

We reserve the right to suspend, disable, or terminate access if we determine that these Terms have been violated.

SECTION 14 — AGENTS

This section applies if you use, allow, enable, or deploy an autonomous or semi-autonomous software agent (“Agent”) to access, use, or interact with the Services.

An Agent may not access, use, or interact with the Services unless it identifies itself and complies with our requirements and applicable law.

We may use technical measures to control whether and how Agents access or interact with the Services.

Agents must:

• Identify themselves as Agents and disclose the Agent’s name
• Not conceal or misrepresent automated access as human activity
• Not complete or circumvent CAPTCHAs or similar security measures
• Respond truthfully when asked whether an interaction is automated
• Not bypass measures intended to block, limit, modify, or control automated access

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services, in whole or in part, at our discretion and as permitted by law.

You will remain responsible for amounts due up to and including the date of termination.

Provisions that by their nature should survive termination will remain in effect, including provisions concerning intellectual property, feedback, disclaimers, limitation of liability, indemnification, severability, governing law, and privacy.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of all information.

Except as expressly stated by Lotus Home & Living Store and to the fullest extent permitted by law, the Services are provided “as is” and “as available,” without representations, warranties, or conditions of any kind, whether express or implied.

This may include implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement, to the extent such warranties may lawfully be disclaimed.

We do not guarantee that use of the Services will always be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not allow certain exclusions of warranties, so some of these exclusions may not apply to you. Nothing in these Terms excludes rights that cannot lawfully be excluded.

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, Lotus Home & Living Store, LOTUS CASA INC, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, and Shopify’s affiliates will not be liable for indirect, incidental, punitive, special, or consequential damages arising from use of the Services or products purchased through the Services.

This may include lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, strict liability, or another legal theory.

Some jurisdictions do not allow certain limitations or exclusions of liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

Nothing in these Terms limits liability or legal rights that cannot lawfully be limited or excluded.

SECTION 18 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Lotus Home & Living Store, LOTUS CASA INC, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party losses, damages, liabilities, and claims, including reasonable attorneys’ fees, arising from:

• Your breach of these Terms or incorporated policies
• Your violation of applicable law or a third party’s rights
• Your misuse of or unauthorized access to the Services

We will provide notice of an indemnifiable claim when reasonably practicable. You agree to cooperate in the defense of such a claim.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, the provision will be enforced to the fullest extent permitted by law or severed as necessary.

The remaining provisions will continue in full force and effect.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted through the Services constitute the entire agreement between you and us regarding use of the Services and supersede prior or contemporaneous agreements and communications relating to the Services.

Any ambiguity in these Terms will not automatically be interpreted against the party that drafted them.

SECTION 21 — ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent.

We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements under which we provide Services will be governed by and construed in accordance with the laws of the State of California and applicable federal laws of the United States, without regard to conflict-of-law principles.

Subject to applicable consumer-protection law, you and Lotus Home & Living Store consent to jurisdiction and venue in the applicable state and federal courts located in California.

SECTION 23 — HEADINGS

Headings are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 24 — CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms at any time on this page.

We reserve the right to update, change, or replace any portion of these Terms by posting updates to our website.

We will provide notice of material changes when required by applicable law. Changes will take effect on the date stated in the notice or, if no date is stated, when posted.

Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Lotus Home & Living Store
Operated by LOTUS CASA INC
Email: admin@hello-lotus.com