Terms of Service

1.     Use of this Website is subject to the following terms and all applicable laws. By accessing and browsing this Website, you accept, without limitation or qualification, these terms. You are responsible to ensure that your access to this Website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.

2.     Privacy
Our privacy practices are explained in our Privacy Policy, which also governs your visit to this Website. Your continued use of this Website implies that you acknowledge that you have read our Privacy Policy and agree to be bound by and accept its terms and conditions. You consent to the use of your personal information by BOUTIQUE LOTUS in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.

 

3.     Other policies and agreements
When you purchase products from BOUTIQUE LOTUS using the www.boutiquelotus.com Website, your purchase is subject to separate Terms and Conditions of Sale applicable to the Website. Certain additional terms and conditions may apply to purchases of products and other uses of portions of the www.boutiquelotus.com Website.

 

4.     Your account
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. This Website is directed for use by adults. Those under the age of 18 should not use this Website. In addition, if you are aged 18 or older but under the age of majority in the jurisdiction in which you reside, your parent of guardian should use this Website on your behalf and you should not use the Website on your own or provide any personal information to BOUTIQUE LOTUS. BOUTIQUE LOTUS does not knowingly collect information from children under the age of 18. BOUTIQUE LOTUS and its affiliates reserve the right to refuse service, terminate accounts or cancel orders in their sole discretion.

 

5.     Product information
The products available for sale and/or distribution by BOUTIQUE LOTUS are available only in Canada, and in the contiguous United States ( i.e. The U.S.A. less alaska and hawaii) and this Website is directed only at customers and prospective customers in those states. BOUTIQUE LOTUS and its affiliates attempt to be as accurate as possible in describing all products available for sale and/or distribution by BOUTIQUE LOTUS. However, BOUTIQUE LOTUS does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free.  

Price and availability information provided on this Website is subject to change without notice. All prices quoted are in Canadian dollars.
This Website and its contents are not to be construed as an offer to sell any product or service.

 

6.     Exclusion of warranties
BOUTIQUE LOTUS 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 will be uninterrupted or error-free. BOUTIQUE LOTUS 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. All material or information on this Website is provided to you “As is”, “With all faults” and without warranties of any kind, whether express or implied. BOUTIQUE LOTUS and its licensors disclaim all warranties or conditions, written or oral, statutory, express or implied, including without limitation, warranties or conditions of merchantability, quality, durability, suitability or fitness for a particular purpose. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal, state or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.

 

7.     Limitation of liability
The user acknowledges that the services are provided as-is and BOUTIQUE LOTUS rejects any explicit or implicit guarantee on the services and content on the Website.

Although BOUTIQUE LOTUS takes the necessary measures to ensure the accuracy and reliability of the content on its Website, it does so “as-is” and “as available”, not providing any guarantee or stipulation of any nature whatsoever.  BOUTIQUE LOTUS expressly rejects any statement or guarantee that the Website is free of errors, viruses or other harmful elements.

 

BOUTIQUE LOTUS may not be held liable for any damages or harm stemming from usage of the services, including but not limited to any damages or harm caused by usage, including and not limited to inability to use services or the Website, an inaccuracy, error, omission, performance delay or computer virus.

BOUTIQUE LOTUS expressly rejects any liability regarding the material on its Website. In particular, this material includes:

·       Information of a general nature, which is not intended to consider the specific circumstances of one person;

·       Incomplete, non-exhaustive, inaccurate information or information that is not up to date;

·       Any information from external sites BOUTIQUE LOTUS does not control;

Without limiting the above, BOUTIQUE LOTUS or its affiliates are entirely free of any liability regarding the following:

·       Errors or Website (or server) downtimes or those that result in an interruption, stoppage or an operational malfunction of third-party Internet services or telecommunication services;

·       For any content displayed by a user or third party, including but not limited to errors or omissions in the content or for any damage or loss of any kind due to the usage of such content that has been displayed, listed, emailed, transmitted or made available on the Website.

Without limiting the above, BOUTIQUE LOTUS may not be held liable for any delay in the performance of its obligations or the non-performance thereof in accordance with these Terms ofservices or related to any transaction or order made on its Website

Should certain limitations mentioned above be found not to be applicable due to applicable law, BOUTIQUE LOTUS’s liability toward the user for damages and claims of any kind whatsoever will be limited to the amount that the user has paid for the services and products. 

The user acknowledges and expressly accepts that usage of this Website is done so at their own risk. The user agrees to defend and hold harmless BOUTIQUE LOTUS as well as its directors, officers, trustees and employees against obligations, expenses and costs, including reasonable lawyer fees, related to a non-compliance with the usage terms herein by the user or any other person using their account.

8.     Copyrights and trademarks
Material on this Website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by BOUTIQUE LOTUS, and BOUTIQUE LOTUS does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this Website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this Website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of BOUTIQUE LOTUS. Trademarks, logos and service marks (collectively, “Marks”) displayed on this Website are registered or unregistered Marks of BOUTIQUE LOTUS or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this Website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.

Notwithstanding the foregoing, BOUTIQUE LOTUS authorizes you to make one electronic or paper copy of the information posted on any page of this site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such Website. This license does not include any resale of this site or its contents; any collection of product listings, descriptions or prices; any other derivative use of this site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of BOUTIQUE LOTUS and its affiliates without express written consent of BOUTIQUE LOTUS. You may not use any meta tags or any other “hidden text” utilizing BOUTIQUE LOTUS’s name or trademarks without the express written consent of BOUTIQUE LOTUS. Any unauthorized use of this site and/or its contents terminates the permission or license granted by BOUTIQUE LOTUS.

 

9.     Confidentiality of the information transmitted
You acknowledge that information or material which you provide electronically through your access to or usage of this Website is not confidential or proprietary, except as may be required under applicable law or pursuant to BOUTIQUE LOTUS’s privacy policy, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material which you provide electronically to BOUTIQUE LOTUS by accessing or using this Website does not infringe the rights of any other person or entity. You consent to BOUTIQUE LOTUS using that information or material, in whole or in part by any means whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of BOUTIQUE LOTUS or the disclosure of your identity, in accordance with the BOUTIQUE LOTUS Privacy Policy (see Section 2 above).

 

10.  Electronic communications
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You 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.

 

11.  Surveillance
BOUTIQUE LOTUS may monitor the access to its Website and other activities in relation to its Website and may intervene in this regard. However, BOUTIQUE LOTUS makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if BOUTIQUE LOTUS ever decides to do it.

 

12.  Links
Links and references to other Websites are provided to you as a convenience only. BOUTIQUE LOTUS 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, except if expressly permitted by BOUTIQUE LOTUS. To obtain permission, contact our Website administrator at lotusmontreal@gmail.com.

 

13.  Changes to terms/severability
BOUTIQUE LOTUS may modify, alter or otherwise update the terms applicable to this Website from time to time. We will notify you of any such modifications to this Website by posting notice of such changes on this Website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. 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.

 

14.  Jurisdiction
This Website is controlled and operated by BOUTIQUE LOTUS from Montreal, Quebec, Canada. BOUTIQUE LOTUS makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

15.  Cookies
We may use “cookies” to track your preferences and activities on the BOUTIQUE LOTUS Website. Cookies are small data files transferred to your computer’s hard-drive by a Website. They keep a record of your preferences making your subsequent visits to the site more efficient. Cookies may store a variety of information, including, the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on the site. The use of cookies is a common practice adopted by most major sites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You can also opt-out by using the following link: networkadvertising.org/choices/. You should note, however, that without cookies, some of the Website’s functions will not be available, and the user will lose some of the benefits of the site.

 

16.  No waiver
The failure of BOUTIQUE LOTUS 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 BOUTIQUE LOTUS to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

 

17.  Entire agreement
These terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and BOUTIQUE LOTUS 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 BOUTIQUE LOTUS making such amendments or modifications available to it pursuant to the terms hereof.

 

18.  Termination
BOUTIQUE LOTUS reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.

Terms and conditions of sale

This agreement (“Agreement”) sets forth the terms and conditions that apply to the purchase of products and/or services (the “Products”) from BOUTIQUE LOTUS. (“BOUTIQUE LOTUS”) using the www.boutiquelotus.com Website. BOUTIQUE LOTUS reserves the right to change these terms and conditions without prior written notice at any time, at BOUTIQUE LOTUS’s sole discretion.

The terms “you” and “your” refer to the purchaser of Products using the www.boutiquelotus.com Website.

Please read this agreement carefully! By using this Website to make on-line purchases of products, you agree to be bound by and accept the terms and conditions set forth in this agreement, and you represent that you are of legal age to enter into this agreement and become bound by its terms. This agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

Except as expressly provided for in this agreement, BOUTIQUE LOTUS does not make or give any representation or warranty with respect to the products you may purchase from this Website and BOUTIQUE LOTUS’s liability is limited as provided in that section.

 

 Order Cancellations

BOUTIQUE LOTUS reserves the right to cancel any order placed via the Website if BOUTIQUE LOTUS determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Website. If BOUTIQUE LOTUS cancels an order placed via the Website, BOUTIQUE LOTUS will send you an email confirmation of such cancellation and you will not be charged for your order.

 

Taxes

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Website, are stated in Canadian dollars and will include the goods and services tax (GST) and the Québec sales tax (QST) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”). 

 

Color

You understand and agree that BOUTIQUE LOTUS uses commercially reasonable efforts to display the colors of products accurately via the Website. However, because individual computer monitors may display colors differently, BOUTIQUE LOTUS is not responsible for the color accuracy of any products displayed on the Website, and disclaims all liability in this regard.

ADDITIONAL TERMS AND CONDITIONS

Sweepstakes and Contests

BOUTIQUE LOTUS may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Website. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Website, as they may contain additional important information about BOUTIQUE LOTUS’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.

 

Payments

If you wish to purchase an artwork, or any other product or service via the Website, you may be asked by us or our designee to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, ID, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Website. Verification of information may be required prior to acceptance of any order through the Website.

 

Changes

We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the Website with any products, subscriptions, software or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.

 

1.     Consent to use to electronic documents
You hereby consent to the exchange of information and documents between you and BOUTIQUE LOTUS over the Internet or by e-mail, and that this Agreement (together with any applicable Order Confirmation(s) accepted by BOUTIQUE LOTUS as indicated in Section 3, below) 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.

 

2.     Other documents, agreements and policies
Your use of this Website is governed by separate Website Terms and by our Privacy Policy (the “Other Policies”). You acknowledge that you have read the Other Policies and agree to be bound by and accept the terms and conditions set forth therein. In the event of any inconsistency between the provisions of this Agreement and those of the Other Policies, the provisions of this Agreement shall govern. Certain additional terms and conditions may apply to purchases of Products and other uses of portions of this Website.

 

3.     Order
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 [“ Submit Order”] button), such order will constitute an offer from you to BOUTIQUE LOTUS 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 BOUTIQUE LOTUS until accepted by BOUTIQUE LOTUS. BOUTIQUE LOTUS’s acceptance of your order is evidenced by return e-mail from BOUTIQUE LOTUS indicating that your order has been accepted.

 

4.     Cancellation
BOUTIQUE LOTUS reserves the right, in its 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 and your credit card charged. In the event that your order is cancelled after your payment has been processed, BOUTIQUE LOTUS will issue a full refund.

 

5.     Price
All prices quoted are payable in Canadian Dollars. Although BOUTIQUE LOTUS strives to provide accurate product and pricing information, errors may occur. BOUTIQUE LOTUS 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. BOUTIQUE LOTUS 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 www.boutiquelotus.com Website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, BOUTIQUE LOTUS may, at its sole discretion, refuse or cancel your order, whether before or after BOUTIQUE LOTUS’s acceptance thereof. If there is such an error in pricing, BOUTIQUE LOTUS will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.

 

6.     Payment terms
Terms of payment shall be determined at BOUTIQUE LOTUS’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by BOUTIQUE LOTUS. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.

 

7.     Product availability
The availability of certain Products may be limited, and Products may not be available for immediate delivery. BOUTIQUE LOTUS may revise or cease to make available any Products at any time without prior notice. In the event that BOUTIQUE LOTUS is unable to deliver you a Product ordered due to lack of availability, BOUTIQUE LOTUS will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that BOUTIQUE LOTUS 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.

The products available for sale and/or distribution by BOUTIQUE LOTUS are available only in Canada and in the contiguous United States (i.e. the U.S.A. less Alaska or Hawaii).

 

8.     Shipping; taxes
BOUTIQUE LOTUS will arrange for the shipping of the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. BOUTIQUE LOTUS will only arrange for the shipping of products to addresses located in Canada and in the contiguous United States (i.e. the U.S.A. less Alaska or Hawaii). Delivery times provided by BOUTIQUE LOTUS are estimates only. BOUTIQUE LOTUS shall not be responsible for any damages or costs resulting from any delays in delivery.

Unless otherwise stated, all prices quoted do not include shipping and handling charges and, where applicable, federal and state sales taxes. The applicable taxes and shipping charges will be shown separately on the Order Confirmation. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the order.

Tax charges are calculated on the basis of the shipping and/or delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges. If you return an item for a refund, you will also receive a refund for the sales taxes you paid for the Product. You will not, however, receive a refund for the sales taxes you paid on the shipping and handling of the item, as the shipping and handling charges are non-refundable once an item has been shipped. If you have any questions about the sales taxes on your order, or whether taxes are applicable to your shipping and handling charges, please contact us by email at lotusmontreal@gmail.com

 

9.     Ownership; risk of loss
All Product(s) purchased from BOUTIQUE LOTUS are delivered to you by a third party delivery company, pursuant to a shipping contract. Since the actual delivery of your order can be impacted by many events beyond BOUTIQUE LOTUS’s control once it leaves our facilities, BOUTIQUE LOTUS cannot be held liable for late deliveries. BOUTIQUE LOTUS will, however, work with you to ensure a smooth delivery.

 

10.  Returns
All Product returns are subject to the BOUTIQUE LOTUS Return Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.

 

11.  Exclusion of warranties and limitation of liability
Except as expressly provided for in this agreement, BOUTIQUE LOTUS does not make or give any representation, warranty or condition of any kind, whether express or implied, statutory or otherwise, including without limitation warranties as to uninterrupted or error free transactions, privacy, security, 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.In no event will BOUTIQUE LOTUS be liable for any indirect, incidental or consequential damages, howsoever caused, including but not limited to, any lost profits, lost savings, loss of use or lack of availability of facilities including computer resources, routers and stored data, punitive, exemplary, aggravated or economic damages, arising out of the products provided by BOUTIQUE LOTUS or otherwise related to this agreement or the transactions conducted on or from the www.boutiquelotus.com  Website, even if BOUTIQUE LOTUS or any of their lawful agents, contractors, employees or mandataries have been advised of the possibility of such damages or claim. In no case will BOUTIQUE LOTUS’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. In no event will BOUTIQUE LOTUS 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, BOUTIQUE LOTUS’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 BOUTIQUE LOTUS.

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, “BOUTIQUE LOTUS” shall include BOUTIQUE LOTUS’s affiliates and BOUTIQUE LOTUS’s and its affiliates’ respective directors, officers, employees, agents, mandataries and contractors.

This Section shall survive the termination or expiry of this Agreement.

 

12.  Governing law and jurisdiction
This Agreement shall be construed and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein and shall be treated in all respects as a Quebec contract, without reference to principles of conflict of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

 

13.  Export laws
Products sold or delivered under this Agreement shall be subject to export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You will defend and hold BOUTIQUE LOTUS harmless against all claims, damages or liability resulting from breach of the foregoing.

 

14.  Severability
The provisions of this Agreement shall be deemed severable. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

15.  Entire agreement
This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and BOUTIQUE LOTUS relating to the subject matter hereof, the use of this Website and any transactions conducted on or from this Website, 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 BOUTIQUE LOTUS making such amendments or modifications available to it pursuant to this Agreement.

 

16.  No waiver
The failure of BOUTIQUE LOTUS to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the right of BOUTIQUE LOTUS to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.