This website is operated by ReferDigital LLC, a Texas, USA Limited Liability Company. Throughout the site, including on this page, the terms "Seller", "Lotus Candles", "LotusCandles.com", "company", "we", "us", "our" and other similar terms refer to ReferDigital LLC. ReferDigital LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
USE OF THE SITE:
You may not: (1) use the Site in an unintended commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others' use of the Site; (3) impair the Site's operation or interfere with or disrupt the servers or networks connected to it; (4) interfere with Lotus Candles's intellectual property rights; (5) frame or otherwise co-brand the Site or any of its content; (6) deep-link to any portion of the Site; or (7) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.
We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.
LINKS TO OTHER SITES:
Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. We do not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
APPLICATIONS AND TRANSACTIONS:
All applications and transactions made through the Site are subject to Lotus Candles' acceptance, which is in our sole discretion. Without limitation, this means that Lotus Candles may refuse to accept any application or transaction, whether or not the application or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.
By using the Site, you consent to receiving electronic communications and notices from Lotus Candles. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
All copyrightable text, graphics, sound, downloads, software and other material (collectively, the 'Content'), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site are copyrighted by Lotus Candles and are protected by law. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission. The Site may also contain content that is owned by third parties, including our advertisers. You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Content should be addressed to Lotus Candles via email at firstname.lastname@example.org. Lotus Candles does not warrant that your use of materials displayed on or linked to the Site will not infringe the rights of third parties.
Claims of Copyright Infringement: If you believe that materials posted on the Site violate your intellectual property rights, please contact Lotus Candles via email at email@example.com. Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site; (4) your address, telephone number and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner's behalf.
USE OF INFORMATION SUBMITTED:
You agree that Lotus Candles is free to use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.
ALL SALES FINAL:
All sales of products through this website are FINAL. Returns will not be accepted and refunds cannot be provided.
As a courtesy, in some cases, we may be able to cancel and refund orders for customers who request to cancel in sufficient time (determined in our sole discretion) BEFORE their orders ship. Orders that have already shipped will NOT be cancelled or refunded under any circumstance.
We are unable to accept any returns for refunds of our products other than the above, even if the products are unused. Any unauthorized returns will be discarded by our warehouse on receipt and no refunds will be provided.
While we use our best efforts to maintain the accuracy and reliability of the Site, we do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site are at your own risk. Without limiting the foregoing, THE SITE, ITS CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL REFERDIGITAL, ITS RELATED COMPANIES, AND EACH SUCH COMPANY'S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE, ANY PRODUCTS SOLD ON THE SITE, ANY INFORMATION PROVIDED BY THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify and hold Lotus Candles and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.
RELEASE OF LIABILITY:
In no event shall our company be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of our products. All products sold through this website are sold upon the condition that the Seller shall not be liable for any arrest, accident or injury occasioned during the transportation, handling, storage, sale or use of these products, waiving all claims and releasing all liability against the Seller. You agree as a condition of using this website or the products sold through it, to save, hold harmless and indemnify the Seller from/for any and all liability, claims, damages, actions, causes of action suits and demands what-so-ever, in law or equity, which may be imposed upon the Seller as a result of such sales or transactions, or the use, misuse, transportation, handling, storage or resale of these products, or any defects in these products. By completing a purchase on this site, or by operating the products sold on it, you agree that this release is executed freely and voluntarily by you for the purpose of protecting the Seller from future potential liability, and that you understand and acknowledge the significance and consequences of such specific intention to release any and all future claims against the Seller. You also agree that any and all questions by you have been answered in full detail to their understanding by the Seller. All products sold through this website are sold on your representation that they will be used strictly in accordance with the laws of the state where they are operated, as well as with all instructions on the product boxes. You also agree that it is reasonable and foreseeable that products involving fire can in general be dangerous and involve high risk, and that it is also reasonable and foreseeable that their behavior will also be affected by any unusual damage they may suffer when being transported, mailed, and handled before use. As such you specifically agree to all the above terms and to assume all risk as well as all responsibilities for using the products sold through this website, and by purchasing on our website you also agree that all products sold on our website are sold as-is, and delivered as-is. Purchases are only to be made by buyers over 18 years of age, and you affirm by your purchase that you are over 18 years of age.
Products sold on this website, since they involve fire, inherently involve risk which could lead to death or serious injury. By purchasing a product offered, sold, or made available through this website, the buyer explicitly releases the Seller and its business partners from all liability and waives all legal rights whatsoever related to use of the product. This shall be the case no matter how or where the products were used. By purchasing a product on this website buyer agrees to: Assume ANY and ALL RISKS of INJURY OR DEATH resulting from use of the product, WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIMS OR FILE ANY ACTIONS against Seller or any one of the aforementioned entities and each of their insurance carriers, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, assignees, employees, volunteers and agents, as well as any manufacturers and distributors (hereinafter the "Indemnified Parties" collectively, the "Indemnified Party" individually) that are based on, arise or result from, in whole or in part, use of the product, and INDEMNIFY, DEFEND AND HOLD THE INDEMNIFIED PARTIES HARMLESS, from any and all claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or related to participation in any activity and any loss, damage or injury, including injury or death, that may be sustained by buyer or assignee, or caused to others or their property by buyer or assignee. Buyer also agrees to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Indemnified Party in defending an investigation, claim or suit brought by or on behalf of Buyer or assignee.