Terms and Conditions
TERMS & CONDITIONS
Acceptance of Order
The advertisement and display of a product on Lotus Mendes Online Store is not an offer to sell and Lotus Mendes will be under no obligation to supply product ordered through this website. Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and Lotus Mendes will be completed when we email you to confirm the goods have been dispatched.
Lotus Mendes reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the terms and conditions.
Lotus Mendes may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Lotus Mendes Online Store whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction.
Furthermore from time to time a product may be displayed on our website that is not available for sale.
Please refer to our Lotus Mendes delivery policy (which makes up part of these Terms & Conditions) for details on shipping costs and delivery times. We will always do our best to adhere to our shipping promises however if for any reason we cannot deliver on our promises we will not be held liable under any circumstances. If any of the items you order are out of stock or not available, or there is an anticipated delay with your order, we will contact you as soon as practicable via e-mail. We reserve the right to cancel your order at any time if stock is unavailable or for any other reason, at our sole discretion. If we do not receive a response from you within 48 hours the remainder of your order will be processed and dispatched. We will not substitute any product without your express authority.
Lotus Mendes online store has made our returns system as easy as possible for you. Please refer to our returns policy for details. It is part of these terms and conditions.
Member Sign In
As part of the membership sign in process, you will be asked to select a Member Name and password. You may not choose a Member Name that impersonates someone else, is or may be illegal is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any Member Name in our sole discretion. You agree not to transfer or resell your use of or access to the Lotus Mendes Online Store or permit anyone else whose account or membership was suspended or terminated to use the Lotus Mendes Online Store through your account, Member Name or password.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may only use Lotus Mendes online store with involvement of a parent or guardian. Lotus Mendes reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
You are responsible for safeguarding the password that you use to access the Lotus Mendes online store and for any activities or actions under your password. Lotus Mendes encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Lotus Mendes cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your member information, and immediately notify us by emailing us at email@example.com
Third party businesses
We may provide links to the sites of affiliated companies and certain other businesses. You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from this Site ("Linked Sites"). We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Any opinions, advice, judgments, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers, are those of the respective author(s) or distributor(s) and not of us. Lotus Mendes Online Store does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Advertising on the Site
We shall use our reasonable efforts to comply with any applicable regulations relating to the Lotus Mendes Online Store published by the Advertising Standards Authority.
Competitions and Contests
From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Lotus Mendes Online Store website, via email, or on social media. Each of these activities may be also governed by specific rules other than the rules set out in these Terms and Conditions. If there are additional rules these will be provided in writing on the site or via email. Winners will have 14 days to claim their prize, at which time the prize will be redrawn. Incomplete or indecipherable entries will be deemed invalid at Lotus Mendes discretion. Entrants consent to Lotus Mendes using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without any remuneration for the purpose of promoting this competition (including any outcome) and promoting products sold by Lotus Mendes. If for whatever reason the original prize is not available, Lotus Mendes Online Store in its sole discretion, reserves the right to substitute the prize with an offer of equal value. Lotus Mendes Online Store collects personal information in order to conduct promotions and may, for this purpose, release such information to third parties, including but not limited to agents, service providers, prize suppliers, contractors, and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. Lotus Mendes may, for an undefined period (unless otherwise notified), use the information for marketing, promotional, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. If for any reason a promotion is not capable of running as planned, including but not limited to, stock/ prize unavailability, unauthorized intervention, technical failures, or security concerns, Lotus Mendes reserves the right in its sole discretion to disqualify any individual and to cancel, terminate, modify or suspend a promotion.
Risk of Loss
All items purchased from Lotus Mendes Online Store are made pursuant to a delivery contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Lotus Mendes Online Store attempts to be as accurate as possible. However, Lotus Mendes does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by Lotus Mendes itself is not as described, your sole remedy is to return it in unused condition. Please refer to our returns policy for instructions.
Except where noted otherwise, the List Price displayed for products on our Web site represents the full retail price listed on the product itself. Despite our best efforts, a small number of the items in our collection may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Lotus Mendes Online Store offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment (pre-order) for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered to Lotus Mendes. Lotus Mendes will only take Advance Purchase orders for stock that has been scheduled for delivery by a supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at Lotus Mendes. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
All content included on this site, such as graphics, text, images, audio, logos, button icons, data compilations, and software, is the property of Lotus Mendes or its content suppliers and protected by NSW and International copyright laws. The compilation of all content on this site is the exclusive property of Lotus Mendes and protected by NSW, Australian and international copyright laws. All software used on this site is the property of Lotus Mendes or its software suppliers and protected by NSW and International copyright laws.
Circumstances beyond our control
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including but not limited to any natural disaster and unavoidable incident, actions of third parties, national emergencies, industrial action, or shortage of or inability to obtain supplies, materials, equipment or transportation both in Australia and our manufacturing countries or delivery address country ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
Your only right with respect to any dissatisfaction with (1) these Terms and Conditions, (2) any policy or practice of ours in operating the Lotus Mendes Online Store, or (3) any content available through the website or any change therein, is to stop visiting and using the Lotus Mendes Online Store website. We may terminate your use of the website, including without limitation, your membership in the Lotus Mendes Online Store, at any time, in its sole discretion.
Cancellation of contract
We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the Product.
If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT LOTUS MENDES, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF LOTUS MENDES OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LOTUS MENDES NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE. UNDER NO CIRCUMSTANCES WILL LOTUS MENDES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SITE.
Linking To Our Site
If you are interested in linking to Lotus Mendes website from your site, please e-mail your request, which we may approve or deny in our sole discretion, to firstname.lastname@example.org