Pan Pacific Lotus
Website Terms and Conditions
Welcome to the terms and conditions (the “Terms”) for Pan Pacific Lotus, Inc. These Terms are between you and Pan Pacific Lotus. They govern our respective obligation, your orders, and any content made available from or through this website, including any sub domains (the “Website”).
Pan Pacific Lotus has made this Website available and may be referred to as “we” or “us”. You must agree to the Terms to place an order. If you do not agree to these Terms, you shall not be permitted to place an order.
We reserve the right to refuse service.
Terms and Conditions:
- Your Representations. If you order any goods, you represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable. You agree to pay all applicable taxes
- Changes to Terms. We may change the Terms from time to time without notice to you by posting such changes on the Website. Your placement of an order or use of this Website after we changes the Terms constitutes your acceptance of the changes.
- Entire Agreement. These Terms constitute the entire agreement between the parties as of the date of order. No prior oral nor written agreement with respect to the subject matter hereof shall be a part of, or a modification of, these Terms. These Terms can be modified only in writing executed by you and Pan Pacific.
- Delivery and Inspection.
- Pan Pacific Lotus agrees to deliver to you the goods specified in your order. Delivery shall occur via UPS ground, and delivery shall usually (but not always) occur within 7 to 10 days. Shipping times are dependent upon inventory, change orders, shipping addresses, and the shipper
- IF YOUR ORDER IS URGENT, PLEASE CALL US BY PHONE DIRECTLY AND SPEAK TO A REPRESENTATIVE.
- Sizes may vary due to shrinkage allowances.
- Warranty. Pan Pacific Lotus warrants for a period of 7 days from the date of delivery that the goods are free from verifiable defects in materials and workmanship under normal use.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY CONSTITUTES THE ONLY WARRANTY PAN PACIFIC LOTUS MAKES REGARDLESS OF PRIOR TRADE PRACTICES AND COURSES OF DEALINGS.
- Limitation of Liability.
WE, ALONG WITH OUR DIRECTORS, OFFICERS, AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN EXCESS OF THE PURCHASE PRICE OF THE PARTICULAR GOODS OR SERVICES GIVING RISE TO THE LIABILITY.
THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT THE LAW PERMITS. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Risk of Loss. All items you purchase from Pan Pacific Lotus are subject to the handling of our carrier. As such, the risk of loss that result from handling errors pass to you upon our delivery to the carrier.
- Defective Goods. You agree to immediately inspect the goods without destroying the original packaging. You shall immediately notify Pan Pacific Lotus if you believe any of the goods are defective, in breach of warranty, or non-conforming. Pan Pacific Lotus, in good faith, shall have a reasonable opportunity to determine if the goods are defective, in breach of warranty, or non-conforming and thereafter cure the problem by arranging for the delivery of satisfactory or conforming goods. If Pan Pacific Lotus determines the good are defective, in breach of warranty, or non-conforming, you must return the goods, at Pan Pacific Lotus’s reasonable cost, in exchange for satisfactory or conforming goods, if Pan Pacific Lotus so directs.
- Product Descriptions. Pan Pacific Lotus attempts to be as accurate as possible when describing products and services. However, Pan Pacific Lotus does not warrant that product and service descriptions are complete, current, or error-free. If a product we offer is not as described, your sole remedy is call us. We may, at our sole discretion, replace the item after adjusting for appropriate fees and costs.
- All Sales Final. Except as provided above, all sales are final.
- Intellectual Property Rights. You may access and view the content on the Website on your computer or other device and make copies or prints of the content on the Website for your personal, non-commercial use only. Pan Pacific Lotus exclusively owns all rights, title, and interest in the Website, including all its video, code, photographs, illustrations, graphics, text, logos, PDF files, etc. Your use of the Website does not grant you ownership of any of the above nor any of its copyrights, trademark rights, patent rights, database rights, and other intellectual property. You shall not use Pan Pacific Lotus’s trademarks and trade dress in any manner that is likely to cause confusion among customers.
- Limited License. Per these Terms, Pan Pacific Lotus grants you a limited, non-exclusive, non-transferable, license to access and make personal and non-commercial use of its Website and services. This limited license does not include any resale or commercial use of any Pan Pacific Lotus services and/or its Website content. Pan Pacific Lotus retains and reserves all rights not expressly granted to you in these Terms.
- Waiver. Pan Pacific Lotus’s waiver of a provision or breach of these Terms shall not operate nor be construed as Pan Pacific Lotus’s waiver of the same or different provision or breach in the future.
- Governing Law and Venue. These Terms shall be exclusively governed by and construed per the laws of the State of Oregon. Venue shall be exclusively in Multnomah County, Oregon.
- Prevailing Party Fees. The prevailing party to any dispute in connection with this Website, an order for goods, or Pan Pacific Lotus’s services, shall be reimbursed for reasonable litigation costs and attorney’s fees up to $220.00 per hour.
- Severability. Each provision of these Terms is separate, distinct, and severable from the other provisions and that, therefore, the invalidity or unenforceability of any provision(s) shall not affect the validity or enforceability of the other and remaining provisions. Should any provision be found to be unenforceable, invalid or against public policy, the parties agree that the remaining portions will remain binding upon the parties.
- No Assignment. These Terms are personal to you, and you cannot assign or transfer such rights or obligations thereunder to any third-parties or assigns. Pan Pacific Lotus is not under any obligation to recognize any assignment of monies payable hereunder nor to pay any monies or deliver or return any good ordered hereunder to any third-party or assignee.
- Unforeseeable Circumstances. Substantial interference with Pan Pacific Lotus’s business in whole or in part because of fire, flood, earthquake, tempest, labor dispute, war, act of God, embargo, civil commotion, governmental regulation, or cause beyond Pan Pacific Lotus’s control will give Pan Pacific Lotus the option of canceling all or any part of undelivered goods, with a return of the corresponding purchase price only, without penalty.
- Miscellaneous. Each party agrees to execute and deliver such other documents and to perform such acts, as the other party may reasonably request, to carry out the intent and accomplish the purposes of these Terms. As used herein, the singular shall include the plural, and the plural, the singular, the masculine, feminine, and neuter shall each include the masculine, feminine, and neuter as the context requires.
- User Information. We will ask you to provide some personalized information as necessary to provide you with services, goods, and products. We may share this information with affiliates or joint venture businesses, only as needed, in order to provide you with such services, goods, and products. We will not sell your personal information, and we agree to exercise the highest degree of care in safeguarding your personal information against loss, theft, or other inadvertent disclosure. If you have any questions about this policy, please call us.
- Prohibited User Conduct. You agree that, while using the Website and its various services and features, you shall not: a) impersonate any person or entity; b) misrepresent your age or affiliation with any other person or entity; c) insert your own or a third-party’s advertising, branding or other promotional content into any of the Website’s content; d) attempt to gain unauthorized access to other computer systems through the Website; e) engage in spidering, “screen scraping,” “database scraping,” the harvesting of e-mail addresses or other contact or personal information from the Website; or f) use the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website. You further agree that you shall not attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website. You are not permitted to link directly to any image hosted on the Website, such as by using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to link from any other website to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded, or obfuscated by any third-party content, materials, or branding.
- Indemnification. You agree to defend, indemnify, and hold Pan Pacific Lotus harmless from all claims, liabilities, costs, and expenses, including attorneys’ fees, arising in any way from your breach or violation of these Terms. Pan Pacific Lotus reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Pan Pacific Lotus should it be necessary to file such a claim.