Terms of service

OVERVIEW
Welcome to L0TUS ART GIFTS online shop!
These Terms of Service govern the relationship between Lotus Design LTD on the one hand who 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”). and users of electronic (Internet) pages and services located on the lotusartgifts.com domain (referred below to as L0TUS ART GIFTS, and Lotus Design LTD). These conditions bind all users. By visiting, interacting, clicking on any page, link or button located on the lotusartgifts.com pages, the user agrees to be bound by these Terms of Service and our Privacy Policy, accepts them in full and agrees to comply with these Terms and Conditions.
If you don't agree to our Terms of Service or Privacy Policy, you should not use or access our Services.
The below 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.
Throughout the site, the terms “we”, “us” and “our” refer to L0TUS ART GIFTS, and Lotus Design LTD.
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.

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 stores or purchasing any of the 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 the information you provide in our stores 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 of your account activity. You may not transfer, sell, assign, or license your account to any other person.

2. OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant, and we take no responsibility that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

3. ORDERS

When you place an order, you are making an offer to purchase. Lotus Design LTD reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Lotus Design LTD confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Lotus Design LTD may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

- Contract / Order:

Before the completion of each specific order, the system will request your express confirmation that you are familiar with and accept the current version of these General Terms and Conditions.

By going through the online order process and providing your required data and clicking the Buy Now button, you send your order. Once you have submitted your order, we will send you an email with a confirmation of receipt, containing all the details of the order. This confirmation does not constitute acceptance of the order but serves only to notify you that your order has reached us successfully.

Each individual purchase agreement becomes effective only when we send you a specific product you order, which we will confirm by sending you an email to you. In the event of a shortage in the availability of the product you ordered or other unforeseen circumstances, we reserve the right not to make the delivery, which we will immediately inform you and will refund any payments we have already received. You can track the status of your order in the "My Account" section under "My Orders".

To make orders in the online store, you must be over 18 years of age.

If you would like an invoice for your order, please contact us before placing your order. You will receive an invoice by e-mail from us.

- Problems in executing the order:

Your order may be obstructed for one of the following reasons:

1. By performing the shipping method you have choose. In this case, the L0TUS ART GIFTS team is committed to helping solve the problem.

2. No payment (delay of payment) by the consumer.

3. The user has indicated a wrong or incomplete delivery address. No contact phone for Fast shipping method.

4. The email address to the order is invalid / incorrect or incomplete, and we are unable to send you your Custom design for approval when required.

5. We have not received an email confirmation from you that you have approved the design of your Custom order.

6. We have not received complete data, photos, or any detailed information to your Custom or Personalized orders.

7. The user has provided (when necessary) poor-quality photo/s with their order - low resolution, dark, blurry, cropped, etc.

IMPORTANT NOTE: Please note that quality photos are necessary for the best possible final result of the design of your item.

8. Sudden circumstances or extraordinary / force majeure situations beyond our control. If such a situation arises (which we hope will never happen) you will be notified by email at the first possible for us moment.

- Custom and Personalized orders:

1. Custom orders are executed according to the specified details / parameters that you have provided to your order. The responsibility for the accuracy of the data is entirely yours.

2. We will send the finished design of your order for approval to the email address you provided.

3. After receiving your approval, we will immediately start the production process of your order.

4. Corrections to the design of your order are possible only before the production process has started. Unfortunately, after the start of production of your order, design corrections will not be possible.

5. If the email address to your order is invalid / inaccurate or incomplete, and if we do not receive your approval of the design on time, we will not be able to move your order to the next stages of production and shipping. The responsibility for delays due to impossible communication with you, or delayed responses from your side will be entirely yours.

- Age of consent:

By using this site, 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.

- General Conditions:

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

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.

If is not possible to resolve a dispute with us (which we hope will never happen), we provide you with a link to the European Commission's Consumer Dispute Resolution Platform: http://ec.europa.eu/consumers/odr

4. PRICES AND BILLING

Prices, discounts and promotions 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 set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services 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. 

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.

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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order 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.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide 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.

- Protecting your privacy and Secure payment:

Payments for orders on lotusartgifts.com can be done via Shopify Payments.

Lotus Design LTD never has access to your credit card details or any other financial information, this is handled entirely by payment processor Shopify Payments.

All financial details are protected by SSL encryption and are handled only by the payment processor.

We a not responsible for duties, taxes & customs fees incurred on international shipments.

5. SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

- Approximately Delivery time:

USA, Canada: 3-6 business days

Europe: 3-6 business days

Australia: 3-6 business days

We will do the best to meet these shipping estimates, but cannot guarantee them. Actual delivery time will depend on the size, number and type of items ordered, the area of the delivery address, as well as the shipping method you prefer.

The estimated delivery dates are indicative and are not a guarantee of exact delivery time. For high volumes, complex formats, certain countries, or in case of specific/force majeure delivery times might vary.

If you don't find delivery to your country, please contact us via e-mail lotusartgift@gmail.com, and ask if this is possible.

6. INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Lotus Design LTD, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

All content, images, and artwork on this site are copyright of lotusartgifts.com. Any items purchased from lotusartgifts.com may not be copied, scanned, photographed, distributed or reproduced in any way without our prior consent.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Lotus Design LTD, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Lotus Design LTD.

Lotus Design LTD’s names, logos, product and service names, designs, and slogans are trademarks of Lotus Design LTD or its affiliates or licensors. You must not use such trademarks without the prior written permission of Lotus Design LTD. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

7. OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, 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 the 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 features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

8. THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on 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 and services should be directed to the third-party.

9. PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

The personal data that Lotus Design LTD receives when completing the application form will only be used for customer service - accepting and executing orders, their delivery to the delivery address specified by the buyer, providing information in the form of a newsletter and contacting users in case of problems, related to the order. Lotus Design LTD warrants that the data in question will not be provided in any form to third parties or used for purposes other than those described above.

The user profile of a specific user can be deleted from the lotusartgifts.com database together with the associated data at any time if the user wants it.

Lotus Design LTD does not rent, sell or share any personal information about you with other people, companies or outside organizations, except to provide products or services you have requested (for example your delivery information for a courier company).

Detailed information on the Privacy Policy of Lotus Design LTD can be found in our section "Privacy Policy”.

10. FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be 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 Feedback 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 Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

11. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain 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 is inaccurate at any time without prior notice (including after you have submitted your order).

12. PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Lotus Design LTD, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

13. TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

14. DISCLAIMER OF WARRANTIES

Lotus Design LTD makes no representations, warranties, or covenants of any kind, express or implied, that the Service will operate without interruption, within a specified timeframe, securely, or free from error or defect.

No warranty is made as to the accuracy, completeness, or reliability of any results that may be obtained through use of the Service.

You acknowledge and agree that the Service may, from time to time and at the sole discretion of Lotus Design LTD, be suspended, discontinued, or terminated, whether temporarily or permanently, and without prior notice.

You further acknowledge and expressly agree that your use of the Service, or inability to use the Service, is undertaken entirely at your own risk. Except where expressly stated in writing by Lotus Design LTD, the Service and all products and services provided through it are furnished on an “as is” and “as available” basis, without any representations, warranties, or conditions of any nature whatsoever, whether express, implied, statutory, or otherwise. Without limiting the generality of the foregoing, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement are expressly disclaimed.

In no event shall Lotus Design LTD, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, partners, or licensors be liable for any damages, losses, claims, or causes of action of any kind. This includes, without limitation, direct, indirect, incidental, punitive, special, or consequential damages of any nature whatsoever, including but not limited to loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, whether arising in contract, tort (including negligence), strict liability, or otherwise, and whether or not Lotus Design LTD has been advised of the possibility of such damages. This limitation applies to all claims arising in any way out of or in connection with your use of the Service or any product obtained through the Service, including but not limited to any errors or omissions in any content or any loss or damage incurred as a result of use of the Service, products, or content transmitted, posted, or otherwise made available via the Service.

Because certain jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions the liability of Lotus Design LTD shall be limited to the maximum extent permitted under applicable law.

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Lotus Design LTD, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

16. TERMINATION

All obligations, liabilities, and responsibilities of the parties incurred or accrued prior to the effective date of termination shall survive such termination and shall remain enforceable for all purposes.

These Terms of Service shall remain in full force and effect unless and until terminated by either party. You may terminate these Terms of Service at any time by providing notice to us of your intent to discontinue use of the Services, or by ceasing all access to and use of the Site.

Without prejudice to any other rights or remedies available to us, in the event that, in our sole and exclusive discretion, you fail, or we reasonably suspect that you have failed, to comply with any provision of these Terms of Service, we may, at any time and without prior notice, terminate this Agreement. In such circumstances, you shall remain responsible for the payment of all sums due and payable up to and including the effective date of termination. We further reserve the right to restrict, suspend, or permanently deny your access to the Services, in whole or in part.

17. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Lotus Design LTD, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

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.

19. WAIVER; 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 governs 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.

20. ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

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 Bulgarian or territorial courts in the jurisdiction where Lotus Design LTD is headquartered. You and Lotus Design LTD consent to venue and personal jurisdiction in such courts.

EU consumers may use the Online Dispute Resolution platform. We participate in alternative dispute resolution via the Bulgarian Commission for Consumer Protection.

22. HEADINGS

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

23. CHANGES TO 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, in 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

24. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at lotusartgift@gmail.com.

Our contact information is posted below:

Lotus Design LTD

lotusartgift@gmail.com

Lotus Design LTD, str. 16, № 1, 4127 POPOVITSA , Bulgaria

+359 899425898

VAT: BG205510144