Terms of Services

TERMS OF SERVICE: By visiting our site and/or purchasing something from us, you agree to use our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including the terms and conditions and additional policies set forth herein and/or available via hyperlink. These Terms of Service apply to all users of the Site, including, by way of example, users who are navigators, suppliers, customers, merchants and/or content contributors.

Please read these Terms of Service carefully before logging in to or using our website to make purchases. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not accept all the terms and conditions of this contract, you cannot access the site or use any service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store will also be subject to the Terms of Service. You can consult the most up-to-date version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website at any time. It is the user's responsibility to periodically check this page for any changes. Your continued use of or access to the website after posting any changes constitutes your acceptance of such changes.

Our store is hosted on Shopify Inc. It provides us with the online e-commerce platform that allows us to sell our products and services.

SECTION 1 - ONLINE STORE TERMS

By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are of legal age in your state or province of residence, and that you have given us consent to allow all minor employees to use this Site.

You may not use our products for illegal or unauthorized purposes, nor may you, in using the Service, violate the laws applicable in your jurisdiction (including, but not limited to, copyright laws).

The transmission of worms or viruses or codes of a destructive nature is strictly prohibited.

Infringement or violation of any of the Terms will result in the immediate termination of the Services.

SECTION 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service to anyone for any reason and at any time.

You understand that your content (excluding credit card information) may be transferred to clear and involve (a) transmissions over various networks; and (b) modifications to conform and adapt to the technical requirements of the networks or connection devices. Credit card data is always encrypted during the network transfer.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.

The titles used in this Agreement are included for convenience only and do not limit or affect these Terms in any way.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete or up to date. The material contained in this site is provided for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material of this site is at your own risk.

This site may contain some historical information. Historical information is necessarily outdated and is provided for reference only. We reserve the right to modify the content of this site at any time, but we are not obliged to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - CHANGES TO SERVICE AND PRICES

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

We will not be liable to you or any third party for any modification, price change, suspension or interruption of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Some products or services may only be available online through the website. These products or services may have limited quantities and are subject to return or replacement only in accordance with our Return Policy.

We did our best to visualize the colors and images of our products that appear in the store as accurately as possible. We cannot guarantee that your monitor display is accurate in showing all the colors of the products we show.

We reserve the right, but not the obligation, to limit the sales of our products or services to any person, geographical area or jurisdiction. We can exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services offered. All product descriptions or prices are subject to change at any time and without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of products or services made on this site is void if prohibited.

We do not guarantee that the quality of any product, service, information or other material purchased or obtained by the user meets his expectations or that any errors in the Service will be corrected; we will do our best if you inform us of any improvements we can make!

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed. We may, at our sole discretion, limit or cancel the quantities purchased per person, per family or per order. These limitations may include orders placed from or with the same customer account, credit card and/or orders using the same billing and/or shipping address. In the event that we make a change or cancel an order, we may attempt to inform you by contacting the email and/or billing address/phone number provided at the time of order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be made by merchants, resellers or distributors.

You agree to provide up-to-date, complete and accurate information about your purchase and account for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete transactions and contact you if necessary.

For more details, see our return policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without any endorsement. We will have no liability arising from or relating to the use of optional third-party tools.

Your use of the optional tools offered through the Site is entirely at your own risk and discretion and you must ensure that you know and accept the terms under which the tools are provided by the relevant third-party providers.

In the future we may also offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Some content, products and services available through our Service may include third-party materials.

Third-party links on the Site may direct you to third-party websites not affiliated with us. We are not responsible for the examination or evaluation of the content or accuracy and we do not warrant and will not be liable for third-party materials or websites or for any other third-party materials, products or services.

We are not responsible for any damages or prejudices related to the purchase or use of goods, services, resources, content or other transactions made in relation to third-party websites. Please carefully review the policies and practices of third parties and ensure that you understand them before making any transaction. Complaints, doubts or questions regarding third-party products must be addressed to the latter.
SECTION 9 - COMMENTS, FEEDBACK AND OTHER USER MEDIA

If, at our request, you submit certain specific contributions (e.g., contest entries) or without our request, you submit creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail or otherwise (collectively, "comments"), you agree that we may, at any time, without limitation, modify, copy, publish, distribute, translate and otherwise use in any means the comments you submit. We have no obligation (1) to keep comments confidential; (2) to pay a fee for comments; or (3) to respond to comments.

We may, but are not obliged, to, monitor, modify or remove content that we believe, in our sole discretion, to be illegal, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates the intellectual property of a party or these Terms of Service.

You agree that your comments do not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments do not contain defamatory or otherwise illegal, offensive or obscene material, or that they contain computer viruses or other malware that may in any way compromise the operation of the Service or any related website. You may not use a fake email address, pretend to be a person other than yourself, or otherwise deceive us or third parties about the origin of the comments. The user is solely responsible for the comments he enters and their accuracy. We assume no responsibility for comments posted by the user or by third parties.

SECTION 10 - PERSONAL INFORMATION

The sending of personal information through the store is governed by our Privacy Policy. To view our privacy policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, on our site or in the Service there may be information containing typographical errors, inaccuracies or omissions that may concern product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to modify or update information or cancel orders if the information in the Service or any related website is inaccurate, at any time and without notice (including after placing the order).

We assume no obligation to update, modify or clarify the information contained in the Service or in any related website, including, without limitation, pricing information, except as required by law. No specific update date applied in the Service or any related website shall be deemed to indicate that any information in the Service or any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Service, your use of the Site or its content is prohibited: (a) for unlawful purposes; (b) soliciting others to perform or participate in unlawful acts; (c) violating local international, federal, provincial or state regulations, regulations, laws or ordinances; (d) violating or infringing our intellectual property rights or the intellectual property rights of others; (e) harassing, abusing, insulting, harming, defaming, denigrating, intimidating or discriminating on the basis of sex, sex orientation, religion, ethnicity, race, age, national origin or disability; (f) providing false or misleading information (g) uploading or transmitting viruses or any other malicious code that may or may be used in any way that may compromise the functionality or functioning of the Service or any related website, other websites or the Internet; (h) collect or track personal information about third parties; (i) spam, phishing, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to discontinue your use of the Service or any related website if you violate any of the prohibited uses.
SECTION 13 - EXCLUSION OF GUARANTEES; LIMITATION OF LIABILITY

We do not guarantee or represent that your use of our Service will be: uninterrupted, timely, secure or error-free.

We do not guarantee that the results that can be obtained from the use of the service are accurate or reliable.

You agree that, from time to time, we may remove the service for indefinite periods of time or cancel the service at any time without notice.

The user expressly agrees that the use or inability to use the service is at his own risk. The Service and all products and services provided to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranty or condition of any kind, express or implied, including all warranties or implied conditions of merchantability, merchantability, fitness, fitness for a particular purpose, duration, title and non-infringement.

Under no circumstances shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensees be liable for any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, loss of profits, loss of savings, loss of data, replacement costs or other similar damages, whether arising from contract, or from tort (including negligence), strict liability or other use of any service or product purchased using the service, or for any other claim relating in any way to the use of the service or any product, including, without limitation, errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) published, transmitted or otherwise made available through the Service, even if you are warned of the possibility of this. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or accidental damages, in such states or jurisdictions our liability is limited to the maximum permitted by law.

SECTION 14 - COMPENSATION

You agree to indemnify, defend and hold harmless Lobelia, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensees, service providers, subcontractors, suppliers, interns and employees, from any claims or demands, including legal fees, brought by third parties due to or arising out of your violation of these Terms of Service or the documents incorporated therein by reference, or your violation of any law or the rights of any third party.

SECTION 15 - SEPARABILITY

If any provision of these Terms of Service is held to be unlawful, void or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law and the unenforceable party shall be deemed separate from these Terms of Service; such provision shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 - RESOLUTION

The obligations and responsibilities of the parties assumed before the date of termination will survive the termination of this Agreement in all respects.

These Terms of Service are effective unless and until they are terminated by us or by us. You can terminate these Terms of Service at any time by informing us that you no longer wish to use our Services or when you stop using our Site.

If in our sole judgment you do not comply with, or we suspect that you have not complied with, a term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice and you will remain liable for all amounts due until the date of termination and/or may deny you access to our Services (or any part thereof).

SECTION 17 - SHIPPING

We reserve the right, in case of extraordinary and unpredictable events, therefore not attributable to our commercial choices, to estimate additional delivery times compared to the ordinary ones (15-20 working days) in order to be able to fulfill the delivery of any product or service purchased. However, we will promptly communicate the approximate times as well as the actual day of delivery as soon as we receive communication of the exact date from the carrier-shipper.

SECTION 18 - FULL AGREEMENT

Failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any rules or operating regulations published by us on or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, replacing any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not not limited to, any previous versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service cannot be interpreted against the editorial part.

SECTION 19 - APPLICABLE LAW

These Terms of Service and any separate agreements under which we provide you with the services will be governed by and construed in accordance with Italian laws.

SECTION 20 - CHANGES TO THE TERMS OF SERVICE

You can view the most up-to-date version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check our website for any changes. Your continued use of or access to our website or service after posting any changes to these Terms of Service constitutes your acceptance of such changes.

SECTION 21 - CONTACT INFORMATION

For information on the Terms and Conditions please send an email to EMAIL