PURCHASE TERMS AND CONDITIONS
Effective Date: September 20, 2023
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Site(s) Covered: www.lotustheoryny.com
General
This website is owned and operated by Lotus Theory, LLC (referred to as "Lotus Theory" or “we” as the context may require). These purchase terms and conditions (these "Terms and Conditions") apply to the purchase and sale of products and services through lotustheoryny.com (the "Site"). These Terms and Conditions are subject to change by Lotus Theory without prior written notice at any time, in our sole discretion. Any changes to the Terms and Conditions will be in effect as of the "Last modified" date referenced on the Site. You should review these Terms and Conditions prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last modified" date will constitute your acceptance of and agreement to such changes.
These Terms and Conditions are an integral part of the Website Terms that apply generally to the use of our Site. You should also carefully review our Privacy Policy and Website Terms before placing an order for products or services through this Site.
In order to use the Site and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms and Conditions as a binding agreement. You are not allowed to use this Site and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms and Conditions, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Prices and Payment Terms
We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Posted prices do not include taxes. All such taxes and charges will be added to your merchandise total when applicable, and will be itemized in your shopping cart and in the payments page.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, American Express, JCB, Discover, and Diners Club debit and credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
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Fulfillment of the eBook
Upon completion of an order, you will receive an instant order confirmation along with an email that contains the purchased content. The purchased content is available to you for download for 30 days, we encourage you to download the content promptly after purchase. We do not guarantee that such content will be available for re-download and Lotus Theory will not be liable to you if it becomes unavailable for further re-download.
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Creative Journal Delivery
Our creative journals are made-to-order. It takes about 5 business days to print and bind a book. Shipping can take an additional 1 to 5 business days, depending on the shipping method you choose at checkout.
Creative Journal Shipping
We work with a print on demand company for shipping and delivery of our creative journal. This allows us to eliminate the need for maintaining an inventory, as our creative journals are printed and shipped directly from the print on demand company's facility.
Order, Tracking, and Delivery Information
Once your order ships, you'll also receive tracking updates directly to the email used to place your order.
If your order has shipped and there's no link to a tracking number this means you selected a non-trackable method. (Most shipping methods are trackable, and methods that aren't trackable will show non-trackable next to the estimated delivery dates at check-out).
Late Orders or Orders Missing Delivery Date
Still waiting for your creative journal order and it's past the expected delivery date? We're very sorry to hear that.
When you place an order, you'll see estimated delivery dates at checkout. The date you select is the estimated date your order will arrive by.
You'll also receive tracking updates to your email once your order ships. If there are any delays or problems with your delivery, you'll also be notified by email.
Please check your order's tracking information and contact the courier directly regarding any problems with your delivery.
If you're still having trouble getting your package after contacting the courier please contact us at support@lotustheoryny.com for more help. Include your order number so we can more quickly investigate.
Goods and Apparel Delivery
Usually, it takes 3 to 7 days to fulfill an order, after which it’s shipped out. The shipping time
depends on your location, but can be estimated as follows:
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USA: 3 to 4 business days
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Europe: 6 to 8 business days
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Australia: 2 to 14 business days
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Japan: 4 to 8 business days
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International: 10 to 20 business days
Customs Charge of International Orders
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An additional customs and tax fee can occur on international orders. This fee is not in our control and is assessed by your local customs office. Customs policies vary widely for every country so please check with your local customs office directly to see if they apply duties and taxes to your purchases.
Goods and Apparel Item Shipment
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Good and Apparel items come from an on-demand order fulfillment company that we work with to fulfill orders.
Goods and Apparel Delayed Shipping
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Before getting in touch with us, please help us out by doing the following:
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Check your shipping confirmation email for any mistakes in the delivery address
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Ask your local post office if they have your package
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Stop by your neighbors in case the courier left the package with them
If the shipping address was correct, and the package wasn't left at the post office or at your
neighbor’s, get in touch with us at support@lotustheoryny.com with your order number.
If you did find a mistake in your delivery address, we can send you a replacement order, but
shipping will be at your own cost.
Returns and Refunds
Please review the following information carefully.
All sales are final. Because of the nature of our printing and product fulfillment processes, Lotus Theory does not offer exchanges, returns, or refunds of any kind on any items offered for sale on our website.
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We do not offer exchanges, returns, or refunds for buyer’s remorse.
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Click here for a list of items that can not be returned and/or refunded.
Returns and Refunds for Digital Products Including eBook Purchases
Due to the immediate, direct access to all course materials, videos and assets, we do not offer refunds of any kind for the Lotus Theory eBooks. Please read the details and description of the program so you understand exactly what you are buying. We are firm on our refund policy. We are COMPLETELY invested in making sure you have the best experience possible, so please email us with any questions about purchasing and we will always give you an honest answer so you can make the best decision for you.
Returns and Refunds for Events and Program Session Purchases
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Except for any events and program sessions designated on the Site as final sale or non-returnable, we will provide a refund of your purchase price, provided such request is made within 7 days of delivery with valid proof of purchase.
Refunds are processed within approximately 15 business days of our approval of your refund. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
Returns and Refunds for Creative Journals
Creative Journals are not returnable or exchangeable. Because of the nature of our printing and product fulfillment processes, Lotus Theory does not offer exchanges, returns, or refunds of any kind on any items offered for sale in our store, including our creative journal.
All sales are final.
Returns and Refunds for Goods and Apparel
Goods and Apparel items may not be returned, unless it is damaged/defective, in which case it can be exchanged only for the same product. Click here for more information about damaged/defective Goods and Apparel items.
Items That Cannot Be Returned and/or Refunded
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Goods and Apparel items may not be returned, unless it is damaged/defective, in which case it can be exchanged only for the same product. Click here for more information about damaged/defective Goods and Apparel items.
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Creative Journals are not returnable or exchangeable.
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Digital content, including eBooks, audiobooks, digital magazines and newspapers, and gift cards, are not returnable and/or refundable. However, if you are having compatibility or quality issues with your content, please contact us for assistance.
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Events and Program Sessions.
Damaged/Defective Goods and Apparel Items
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Any claims for damaged/defective items must be submitted within 10 days after the product has been received. For packages lost in transit, all claims must be submitted no later than 10 days after the estimated delivery date. Claims deemed an error on our part are covered at our expense.
If you notice an issue on the products or anything else on the order, please submit a problem report to support@lotustheoryny.com.
Be aware that Lotus Theory will require a photo to be submitted with your problem report to begin a reshipment. It is always best to include photos with your initial problem report to avoid delays. Our team will review your submitted claim to verify it meets our damaged/defective criteria. Lotus Theory reserves rights to refuse returns at its sole discretion.
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Disclaimers
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
The limitation of liability set forth above shall only apply to the extent permitted by law.
Goods Not for Resale or Export
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You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the U.S.
Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction
This Site is operated from the U.S. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site.
No Third-Party Beneficiaries
These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than you.
Changes to Terms
Lotus Theory reserves the right, in its sole discretion, to change the Terms and Conditions under which lotustheoryny.com is offered. The most current version of the Terms and Conditions will supersede all previous versions. Lotus Theory encourages you to periodically review the Terms and Conditions to stay informed of our updates.
Contact Us
Lotus Theory welcomes your questions or comments regarding the Terms:
Lotus Theory, LLC
434 Mamaroneck Avenue, Suite 104
Mamaroneck, New York 10543
Email Address:
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Entire Agreement
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Our order confirmation, these Terms and Conditions, our Website Terms and our Privacy Policy will be deemed the final and integrated agreement between you and Lotus Theory on the matters contained in these Terms and Conditions.