Terms of Service
1. Access & Membership
In order to enjoy all of Golden Lotus Foundation’s benefits, you may register your account and become a member (“Member”). Membership requires that you register on the Site (including by filling out all required personal information). You may cancel your membership at any time by canceling online on the Site. To complete registration, you shall provide an email address and a password. You must notify Golden Lotus Foundation immediately of any breach of security or unauthorized use of your account. Although Golden Lotus Foundation will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Golden Lotus Foundation or others due to such unauthorized use.
Golden Lotus Foundation reserves the right, at its discretion, to modify this Agreement, fees, charges, and terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notification constitutes your acceptance of the terms and conditions of changes as modified. If you do not agree to the modified terms, you may send Golden Lotus Foundation a written notification, including via email (and your Golden Lotus Foundation account will be deleted), or close your account within 30 days of notice.
- Follow Brand Guidelines. The name “Golden Lotus Foundation “, our iconography, phrases, logos, and designs that we use in connection with Services we provide are trademarks, service marks, or trade dress of Golden Lotus Foundation in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion.
- Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Golden Lotus Foundation are considered non-confidential and nonproprietary to you. You grant us a non-exclusive, worldwide, royalty-free, non-irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.
- Communication Methods. Golden Lotus Foundation will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods which describes how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment).
- Digital Items. Digital items (like mockups, templates, images and other design assets) and their intellectual property rights belong exclusively to Golden Lotus Foundation.
4. Warranties and limitation of liability
- Warranties. Golden Lotus Foundation is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade. We do not guarantee that:
- the Services will be secure or available at any particular time or location;
- any and all errors which are Golden Lotus Foundation responsible will be corrected;
- the Services will always be free of viruses or other harmful materials; or
- the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
- Liability Limits. To the fullest extent permitted by law, neither Golden Lotus Foundation, nor our employees or directors shall be liable to you for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or this Agreement.
5. Responsibility of site members and visitors
Violation of this Agreement or any other rules will result in the termination of your Golden Lotus Foundation account.
Without limiting other remedies, we may limit, suspend or terminate our Service and your account, prohibit access to our Site, and take technical and legal steps to keep you off the Site if we think that you are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing Golden Lotus Foundation with accurate information. If you have provided Golden Lotus Foundation with inaccurate or false information, (a) you shall be liable to Golden Lotus Foundation for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information and (b) you shall reimburse such damages and losses (including but not limited to taxes) to Golden Lotus Foundation, and (c) Golden Lotus Foundation shall have the right to charge you for such damages and losses (including but not limited to taxes).
6. Payments and fees
Golden Lotus Foundation may save your credit or debit card information and use it for all future shipments and charges, which will automatically be charged to the saved card, unless you notify Golden Lotus Foundation through the Site. When you order a Product, or use a Service that has a fee, you will be charged the current fees, which we may change from time to time (such as when we have holiday sales or offer you a discount of base product prices). We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site. The sale will be submitted for processing and you will be charged as soon as you click on the “confirm” button. You will then receive an email from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment. If you have used another person’s card without their permission, you are personally liable for, and shall reimburse damages resulting from, the unauthorized use of that card.
In case of an unfounded chargeback, you shall reimburse Golden Lotus Foundation for its losses, which consist of fulfillment costs and chargeback handling fees ($15 USD per chargeback).
We may refuse to process 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 refusing or suspending any transaction after processing has begun.
Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you will receive an email from us confirming the details, description, and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
7. Shipping and returns
Once you have clicked on the “confirm” button, it might not be possible to edit or cancel your order. If you want to change some parameters, addresses, etc., please contact us as soon as possible. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to your account for Products claimed as damaged or not received are subject to Golden Lotus Foundation investigation and discretion.
The risk of loss and title for such items pass to you upon our delivery to the carrier. It is your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Golden Lotus Foundation will not make any refunds and will not resend the Product.
Golden Lotus Foundation will review replacement/return requests only if (a) there is a missing or broken Product, or a print error if Golden Lotus Foundation is at fault and (b) Golden Lotus Foundation receives a complaint within 30 days from the day the Product was delivered or within 30 days after the estimated delivery date, if the Product is missing.
8. Description of products
Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each Product as accurately as possible via photography and copy
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
9. Purchase of products
Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an email order confirmation. Any Products in the same order which we have not confirmed in an order confirmation email do not form part of that contract.
All information asked on the checkout page must be filled in precisely and accurately. Golden Lotus Foundation will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact Golden Lotus Foundation.
We only deliver within the United States. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. All delivery estimates given at the time of placing and confirming your order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges and taxes.
You release us (and our officers, directors, agents, affiliated companies, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You will indemnify and hold Golden Lotus Foundation (and its officers, directors, agents, subsidiaries, affiliated companies, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, your use (or misuse) of our Services, or your account’s infringement of someone else’s rights, or your violation of any law or the rights of a third party. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
13. Disputes, Law & Jurisdiction
- Governing Law. This Agreement (including any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims)) are governed by the laws of the State of Colorado, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located.
- Arbitration. You and Golden Lotus Foundation agree that any dispute or claim arising from or relating to the Agreement shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rule in effect at that time (those rules are deemed to be incorporated by reference into this section, and as of the date of this Agreement you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Agreement will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Agreement, you and Golden Lotus Foundation are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
- Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $1,000, Golden Lotus Foundation will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Golden Lotus Foundation reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.