TERMS & CONDITIONS
These terms and conditions apply to the Lotus Arts de Vivre Web site located at www.lotusartsdevivre.com, and all associated Web sites linked to www.lotusartsdevivre.com by Lotus Arts de Vivre, its subsidiaries and affiliates, including Lotus Arts de Vivre's sites around the world (collectively 'the Site'). Please read these terms and conditions (the 'Terms and Conditions') carefully. BY USING THE SITE, YOU
AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
These Terms and Conditions govern your use of, and any purchase from, the Lotus Arts de Vivre Site, and constitute an agreement between you and Lotus Arts de Vivre. Lotus Arts de Vivre reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options. Usually lead time for producing an out of stock item will be an average of 60-90 days.
INFORMATION ON OUR SITE
At Lotus Arts de Vivre, we make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly. Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. On the Site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing.
POLICY ON ETHICAL SOURCING
At Lotus Arts de Vivre, we only purchase our raw materials through the largest and most respected suppliers who, like us, proudly adhere to and enforce the standards established by the CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora), an international system that polices the trade of wild animals and plants to ensure that the survival of any species in the wild is not threatened. This conventions covers 34,000 species of plants and animals.
The Site and all content and other materials, including, without limitation, the Lotus Arts de Vivre logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Lotus Arts de Vivre or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Lotus Arts de Vivre name and logos, and any other product or service name or slogan contained in our Site are trademarks of Lotus Arts de Vivre and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Lotus Arts de Vivre or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Lotus Arts de Vivre" or any other name, trademark or product or service name of Lotus Arts de Vivre without our prior written permission. All other trademarks, registered trademarks, product names and Lotus Arts de Vivre names or logos mentioned in our Site are the property of their respective owners.
USE OF THE SITE
You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Lotus Arts de Vivre, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Lotus Arts de Vivre has adopted a policy of terminating and barring, in appropriate circumstances and at Lotus Arts de Vivre's sole discretion, site users or account holders who are deemed to be repeat infringers. Lotus Arts de Vivre may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THIRD PARTY CONTENT
Lotus Arts de Vivre may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. Lotus Arts de Vivre does not monitor or have any control over any Third Party Content or third party Sites. Lotus Arts de Vivre does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Lotus Arts de Vivre does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
You agree to defend, indemnify and hold harmless Lotus Arts de Vivre, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Lotus Arts de Vivre and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
DISCLAIMER OF WARRANTY
Except as expressly provided to the contrary in a writing by Lotus Arts de Vivre, this site, the content contained therein and the products and services provided on or in connection therewith (the "products and services") are provided on an "as is" basis without warranties of any kind, either express or implied. Lotus Arts de Vivre disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, content, and materials in our site. Lotus Arts de Vivre does not represent or warrant that materials in our site or the services are accurate, complete, reliable, current or error-free. Lotus Arts de Vivre does not represent or warrant that our site or its servers are free of viruses or other harmful components.
LIMITATION OF LIABILITY
In no event shall Lotus Arts de Vivre, its directors, members, employees or agents be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of our site, the products and services, or the content contained in or accessed through our site, including without limitation any damages cased by or resulting from reliance by user on any information obtained from Lotus Arts de Vivre, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Lotus Arts de Vivre's records, programs or services.
APPLICABLE LAW AND VENUE
These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of the United States of America, applicable to agreements made and to be entirely performed within the United States of America, without resort to its conflict of law provisions. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.
MODIFICATION AND NOTICE
You agree that Lotus Arts de Vivre may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.