Terms and Conditions
Terms and Conditions of Use and Sale
1. USE OF THIS WEBSITE
The present website, lotuspremiumdenim.com (“this website” or “Site”) is owned and operated by Lotus Premium Wear, Inc., a California corporation company, doing business as Lotus Premium Denim (hereinafter, collectively “Lotus Premium Denim” or “the Company’’ or “We”), for your personal and non-commercial use and information. Your use of this website is subject to the following terms and conditions of use and sale (“Terms”) and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these Terms. If you do not agree with any of the Terms, please do not use this website. Lotus Premium Denim reserves the right to change, modify, alter or otherwise update the Terms applicable to the present website without prior written notice at any time, and from time to time, at the Company’s sole discretion. We will notify you of any such changes, modifications, alterations or updates to this website by posting notice of same on this website. Following the posting of any such notice, your continued use of this website will constitute your acceptance of the new terms and other policies, as modified, and you will be bound by said new terms and policies. Lotus Premium Denim’s products and services available through this website (“Products”) may only be ordered by individuals residing in the United States. This website is not intended for access or use outside of the United States. It is your responsibility to ensure that your access to this website and the material and information available on or through it are legal in each jurisdiction in or through which you access or view the website and such material and information.
2. PRIVACY PRACTICES
3. USE BY ADULTS ONLY - NO USE BY MINORS
The present website is intended for use by adults only. When you use this website to purchase Products, you represent that you are of legal age to enter into any purchase agreement through this website and become bound by its terms. If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use this website on your behalf and you should not use the website on your own or provide any personal information to the Company. Lotus Premium Denim does not knowingly collect information from children under the age of thirteen (13).
4. USER ACCOUNT
When registering on this site for the purchase of Products, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account or password. Lotus Premium Denim reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
5. PRODUCT DESCRIPTION AND AVAILABILITY
All the Products which could be purchased from this website are available for sale and distribution to customers in The United States only. Lotus Premium Denim attempts to be as accurate as possible in describing all Products available for sale and/or distribution. However, Lotus Premium Denim does not warrant that Product descriptions or other content of this website are accurate, complete, reliable, current or error-free. There may be slight variations from time to time in style or color reproduction, or in text descriptions relating to the Products. As the actual colors you will see will depend on your monitor, Lotus Premium Denim is unable to promise or guarantee your monitor’s display of any color will actually reflect the color of the Product delivered to you. The availability of certain Products may be limited, and Products may not be available for immediate delivery. We may revise or cease to make available any Products at any time without prior notice. In the event that we are unable to deliver to you a Product ordered due to lack of availability, we will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that the Company may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available. 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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole and absolute discretion, appear to be placed by dealers, resellers or distributors.
Lotus Premium Denim is pleased to accept orders provided they are for the personal, non-commercial use by its customers. Lotus Premium Denim will not accept orders which are intended for resale or distribution for commercial purposes. The resale of any Products purchased on the website without the express written agreement of the Company is not permitted. Before submitting an order for the purchase of Products using this website, you will be shown an order confirmation screen (the “Order Confirmation”) describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order (by pressing the “Complete Checkout” button), such order will constitute an offer from you to Lotus Premium Denim to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on Lotus Premium Denim until accepted by Lotus Premium Denim. Lotus Premium Denim’s acceptance of your order is evidenced by return e-mail from the Company indicating that your order has been accepted. THIS LOTUS PREMIUM DENIM WEBSITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.
The prices and Product orders are quoted and shall be processed in U.S. dollars. Although Lotus Premium Denim tries to provide accurate product and pricing information, errors may occur. The Company reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. The Company cannot confirm the price of a Product until after you submit an order for the Product. In the event that the price or related information for a Product (as described on the website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, the Company may, at its sole discretion, refuse or cancel your order, whether before or after the Company’s acceptance thereof. If there is such an error in pricing, the Company will cancel your order and reverse any charges that have been applied, and then contact you to ask you to place a new order for the Product at the correct price.
8. CONSENT FOR USAGE OF ELECTRONIC DOCUMENTS
By using this website, you hereby consent to the exchange of information and documents between you and Lotus Premium Denim over the Internet or by e-mail, and you agree that these Terms, together with any applicable Order Confirmation(s) accepted by the Company in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
9. CANCELLATION OF ORDERS – TERMINATION OF ACCOUNTS
Lotus Premium Denim reserves the right, in its sole discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed or accepted and your credit card charged. In the event that your order is cancelled after your payment has been processed, Lotus Premium Denim will issue a full refund. Payment can be made securely online by Visa and MasterCard. The credit card being used must be yours. All credit cards are subject to validation checks and authorization by the card issuer. If the issuer of your credit card refuses to authorize payment, the Company will not be liable for any delay or non-delivery of your order. In the event that your card authorization and validation is declined, the Company will cancel your order. For first time online customers, Lotus Premium Denim may request that shipping be to the credit card billing address only.
10. PAYMENT TERMS
The terms of payment for any Products purchased through this website shall be determined at the Company’s sole discretion. Payment shall be made by credit card only. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card. Your payment can be made in a secure way, online, by MasterCard or Visa. The card being used must absolutely be yours. All card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, Lotus Premium Denim will not be liable for any delays or non-delivery of your order. In the event that your card authorization and validation are declined, Lotus Premium Denim reserves the right to cancel your order. For first time online customers, we reserve our right to request that shipping be to the credit card billing address only. When you submit an order to us through this website you represent and warrant the payment details provided on your order are valid and correct and when your order is accepted and processed by us, payment will be made in full.
11. SHIPPING / TAXES
Lotus Premium Denim will ship the product(s) you ordered to the address indicated on the Order Confirmation. Express delivery is not available for the moment. Standard Delivery is 5-7 business days. Shipments may take longer to deliver in the case of remote locations and/or during our peak seasons and limited-time sales. If several products have been ordered Lotus Premium Denim may deliver these products in separate shipments, at no extra cost to you, as each item becomes available. In order to ensure prompt delivery you must provide proper and complete address details and make one delivery charge per delivery address. A telephone number is required in case our delivery agents need to contact you. Delivery times provided by Lotus Premium Denim are only estimates. Lotus Premium Denim shall not be responsible for any damages or costs resulting from any delays in delivery. It is standard policy, to request a signature for the packages we deliver, in order to avoid lost packages. If no one is present at the designated address at the time of delivery, the carrier will try to contact you in order to make alternative arrangements. It is understood and agreed that you, as the customer, accept this responsibility. Another option for customers is to put their daytime location (such as their work address) in the “Shipping Address” section of the Order information. Lotus Premium Denim shall not be responsible for any damages or costs resulting from loss of the package after it is delivered to the address chosen by the customer, in the manner chosen by the customer. All prices quoted do not include shipping and handling charges and applicable federal and provincial sales taxes unless otherwise stated. Separate charges for shipping, handling and taxes will be shown separately on the Order Confirmation for each order, as applicable. Canadian customers are responsible for all sales, use, goods and services, harmonized sales, and other taxes associated with the order.
12. RISK OF LOSS / OWNERSHIP
Product(s) purchased from the Lotus Premium Denim.com website are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and you shall assume the risks of loss at the time of delivery by the Company of the Product(s) to the third party delivery company.
13. RETURN / EXCHANGE POLICY
Lotus Premium Denim offers:
a) A full refund or exchange on all regular priced online purchases of products if they are returned in the condition in which they were sold, with original tags, within thirty (30) calendar days and
b) An exchange or credit note on all sales priced or discounted online purchases of Products, returned in the condition in which they were sold, with original tags, within thirty (30) calendar days of purchase. Credit notes would be for the lesser of
a) the amount originally paid, or
b) the current ticketed price of the item(s) in question.
Lotus Premium Denim will reimburse your freight costs only if the ordered product is defective or does not correspond to your order (color, size). If an item is returned for refund, and it was originally sent to you with free shipping, Lotus Premium Denim may deduct the cost of standard shipping from the refunded amount, unless we are responsible for the reason of the return (product is defective or does not correspond to your order (color, size).
When returned items do not have their original tags, Lotus Premium Denim will deduct $10 from the amount being refunded or credited in order to cover the costs of re-packaging, or add a $10 charge to the price of the product exchanged.
You must be send an e-mail to email@example.com requesting authorization for return, detailing the reasons for the request and providing a phone number where Lotus Premium Denim may contact you. The subject line of the e-mail should be “RA – Order number xxxxx . A Lotus Premium Denim Customer Service Representative will contact you within 24 hours during normal business hours from Monday to Friday. Lotus Premium Denim will then issue a Return Authorization Number (RAN) which must be written on the original invoice you received and this invoice must be attached to the piece(s) returned.
You can then return your purchases by mail or delivery service to:
Lotus Premium Wear, LLC. 1636 Trieste Court, San Jose, CA 95122
Solely one return per order will be accepted, therefore, it is best to carefully examine ALL items received to ensure satisfaction before making a return of some items of your order.
You are responsible for any loss of the returned articles until Lotus Premium Denim receives them. When applicable, your payment will be refunded to your account within thirty (30) calendar days of receipt. If you return an item not accompanied by the required paperwork there may be a delay in processing your return and in refunding your money. Your request for return and refund may be denied if a return authorization number has not been given.
For assistance or questions regarding a return, please e-mail firstname.lastname@example.org
14. GIFT CARDS
You may visit our website and select the item(s) you wish to purchase. Upon checkout, simply enter the unique gift card number above in the field indicated. The dollar value of the gift card will automatically be applied to your purchase total. This gift card may only be applied towards online purchases made at Lotus Premium Denim.com. It cannot be applied to purchases made in a Lotus Premium Denim retail store.
15. EXCLUSION AND DISCLAIMER OF WARRANTIES
LOTUS PREMIUM DENIM MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THIS WEBSITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL, INCLUDING ANY DOWNLOADABLE SOFTWARE, ACCESSED FROM OR THROUGH THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS WEBSITE WILL BE CORRECTED OR THAT ANY SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, THIS WEBSITE AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” BASIS AND THE COMPANY DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION; OR (iii) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS.
BECAUSE CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
16. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOTUS PREMIUM DENIM BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR INFORMATION PROVIDED THROUGH THIS WEBSITE, THE PRODUCTS, OR THE TRANSACTIONS CONDUCTED FROM ON OR FROM ANY COMPANY WEBSITE, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN PARTICULAR, AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, THE COMPANY’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY.
IF, DESPITE THE LIMITATIONS ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THIS WEBSITE, IN NO CASE WILL THE COMPANY’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES.
IF YOU ARE DISSATISFIED WITH THESE TERMS OR THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS WEBSITE.
CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. FOR THE PURPOSES OF THIS SECTION, “THE COMPANY” SHALL INCLUDE THE COMPANY’S RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY SUPPLIERS. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
17. USER CONDUCT
You represent, warrant and agree that You meet all eligibility requirements set forth herein and that You will abide by all of the following terms and conditions:
A. You will not attempt to violate or circumvent any security measures implemented on the Site, including but not limited using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access that all information;
B. All information You provide (including Your registration information) is accurate, current and complete, and does not violate the terms of this Agreement;
C. You will maintain the security of Your password and identification and be fully responsible for all use of Your account and for any actions that take place using Your account. You will notify Lotus Premium Wear immediately if your password or account become compromised. You are solely responsible for all acts or omissions that occur using Your account, including the accuracy and completeness of all content that You (or anyone using Your account) submit to the Site. You agree that Your access and/or use of the Site and related services are for personal, noncommercial purposes only. You agree to comply with all local laws and regulations in Your use of the Site.
D. You will not attempt to breach the security or authentication measures of the Site by any means or method whatsoever. You will not attempt to interfere with service to any user, host or network, by any means or method whatsoever. You agree not to use the Site to: (i) upload, post, transmit, or otherwise make available any unauthorized advertising, solicitations, junk mail, chain letters or pyramids; (ii) collect email addresses or other information of other users from the Site by electronic or other means for the purpose of sending unsolicited emails or communications, harassment, or other unauthorized activity; (iii) use the Site in any manner that could disable, overburden or damage the Site; (iv) solicit personal information from anyone under 18 or solicit passwords or personally identify information for commercial or unlawful purposes; (v) upload, post or otherwise make available any software virus or any computer code, or program designed to interrupt, destroy or limit functionality of any computer software or hardware or telecommunications equipment; (vi) use or attempt to use another’s account, service or system, or create a false identity on the Site; (vii) upload, transmit, share or otherwise make available content that, in the sole judgment of Lotus Premium Wear, is objectionable or which may expose the Company or any user to liability or damage of any type; (viii) use any robot, spider, scraper or other data gathering or extraction means to access the Site for any purpose; (ix) attempt to hijack all or any part of the Site content, delete or change any Site content, deploy pop-up messages or advertising, run or display this Site or any Site content in frames or through similar means on another Site, or link to the Site or any page within the Site, without our specific written permission.
E. You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (iii) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.
We have absolute discretion to determine if any use violates these rules, and to take whatever actions we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.
18. PROPRIETARY RIGHTS IN SITE CONTENT
19. CONFIDENTIALITY OF TRANSMITTED INFORMATION
Lotus Premium Denim reserves its right to monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, Lotus Premium Denim makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if Lotus Premium Denim ever decides to do it.
21. LINKS TO OTHER WEBSITES
Some links and references to other websites are provided to you as a convenience only. The Company has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website.
22. DAMAGE TO THIRD PARTIES
You consent not to introduce into or through this website or any other Company website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
23. RESERVATION OF RIGHTS; CHANGES TO THE WEBSITE
The Company may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue this website or any part or section of it, and the Company will not be liable to you or any third party for doing so. Company may also impose rules for and limits on use of this website or restrict your access to part, or all, of this website without notice or liability. All rights not expressly granted in these terms are reserved to the Company.
These Terms shall inure to the benefit of and are binding upon each of the parties hereto and their respective successors and permitted assigns and bind the parties.
25. GOVERNING LAW
This website is controlled and operated by the Company from California, USA, and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the State of California applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. 25. DISPUTE RESOLUTION You acknowledge and agree that any dispute that may arise between you and the Company in respect of these Terms and the transactions contemplated herein shall be resolved by the state and federal courts located in Santa Clara County, California, and you hereby irrevocably submit yourself and agree to the personal and exclusive jurisdiction and venue of these courts.
26. FORCE MAJEURE
The Company will not be in breach of these Terms or otherwise liable for any delay in performance to the extent that any delay or failure results from circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
29. NO WAIVER
Failure of the Company to enforce any provisions of these Terms or to respond to a breach by you or any third party of these Terms shall not in any way waive the right of the Company to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
30. ENTIRE AGREEMENT
These Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and the Company with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by the Company making such amendments or modifications available to it pursuant to the terms here of.
31. NO ASSIGNMENT
You may not assign your rights or obligations herein without the express written consent of the Company.
Lotus Premium Denim reserves the right, at its sole discretion, to terminate your access to all or any part of this website, with or without notice.
All headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.