Terms and Conditions (T&C)
Article 1 - General scope and object of the agreement
The following terms and conditions (T&C) govern the relationship between you as a client and our company while interacting through our website https://app.lotussushi.no/ and/or on our application Lotus Sushi.
Ordering and/or interacting on our website and/or application means that you expressly agree to these T&C without reserve or objection.
Our company has the right to modify or to adapt these T&C at any time and without prior notice. These T&C are directly applicable as soon as they are published on our website and/or application and/or sent to you by any means.
Please read these Terms and Conditions carefully before using, interacting or accessing our website and/or application.
By agreeing to these T&C you grant us that you have reached at least the legal majority in your country, state or province of residence. If you are a minor you grant us that you have all the rights and consent from your legal representatives to use our services.
You are not entitled to use our services, website and/or application for any illegal or unauthorised purposes.
You must not try to hack, alter the use or functions of our services, send viruses or lead or try to lead any other kind of attack towards our services. You must not try to attempt at our services' integrity either.
Article 2 - Ordering process
Our company might or might not require our client to first register to enable the client to fulfil its order.
If registration is required to order on our website and/or application then the client must first enrol itself by creating an account. To do so the client must fill in the registry form available on our website and/or application. The client will choose a login and a password linked to a valid email address.
By doing so the client agrees that he will keep his credential confidential, secure at all times and that he will not communicate them to any third-party.
Unlogged order can also be processed on our website and application.
The client must keep its credential confidential at all times and must not share its credentials with anyone.
Our company will not be held liable or responsible for any unauthorised use or access on the client’s account even if fraudulent orders are made using the client’s account or banking details.
The delivery address must be as precise as possible (building address and number, floor number, access code etc…). Our company will not be held liable in case of delivery failure when delivery data is partial, false, fraudulent or mistaken.
2.2 Ordering process
The client will choose the products or items he wants directly from our website https://lotussushi1.app2firm.es or on our application Lotus Sushi (depending on products' availability).
The client will choose between « Delivery » or « In-Store Pick-Up » (click and collect) when ordering or our website or application.
When choosing « Delivery » the client will fill in his postal code and address to check if he is located in an area where a delivery method is available or not.
When choosing « In-Store Pick-Up » (click and collect) the order will be processed and made available in the store and the client will then come to the store (store address and opening hours will be indicated in the confirmation email) to collect the order.
A minimum order price might be required in order to get the « Delivery » option.
« Delivery » might require the client to pay some extra fee (insurance, expedition costs, fast delivery, next day delivery, same day delivery, messenger delivery…).
In the basket the client will be able to review and check his order before making the final payment.
2.3 Product availability and product description
Product and item availability is subject to changes and modification without prior notice. If a product has run out of stock we will do our best to inform our client regarding this matter. We can also stop selling any item or product at any time and without notice.
The description and detail of our products and items might not be accurate and can be modified at any time and without prior notice.
Our company’s items might be available in limited quantities or for a limited period of time only. Our company reserves the right to limit the sale of some products or items to certain geographical areas, provinces, states or countries or jurisdictions. Our company can also restrict the number of products or items that a client can buy at once.
Article 3 - Delivery
The client by ordering through our website or application can choose between In-Store Pick-Up (click and collect) or delivery.
Attention is drawn on the fact that the delivery service is not available everywhere, the client must insert its postal code or address to get information on the true availability of the delivery service.
The client must give true and exact address information in order to get his order confirmation by our company. Hence he will get the cost at the checkout step once the delivery address is given.
When receiving your package by your mail carrier or by any other transporter you will need to check carefully for any damages or issues. If you find your item or product defective or damaged during transportation you will need to contact us immediately on our email address TungPham_2@hotmail.com and send us pictures of the defective item and packaging.
The client must inform our company of any issues no longer than 12h after the package has been delivered.
Article 4 - Delivery and In-Store Pick-Up (Click and collect)
Order delivery will be done to the address mentioned by the client.
Every delivery will be done in accordance with the delivery estimate shown when ordering on our website or application. We will do our best to respect delivery delays but outside and independent factors might cause delivery delays (traffic, storms, strikes, pandemics…). Delivery delay will not lead to any refunds or discounts from us or only if required by law and regulation.
If the client is not available to receive his order then he will need to contact the mail carrier or the delivery company directly to know how to collect its parcel.
When choosing « In-Store Pick-UP » (Click and collect) the order will be available after the order is completed.
Article 5 - Price
The applicable prices are shown before concluding the ordering process.
Prices are shown in kr (NOK), these prices include VAT and other taxes.
Any changes in taxes will be directly applicable to the products.
Regarding price changes or modification, our company reserves the right to change any price or tariff at any time and without prior notice.
Article 6 - Camera access
This app uses the camera to scan your credit card in order to ease data input at checkout.
Article 7 - Payment
Available payment methods will be shown to the client upon check-out, electronic payment will be shown only if available as well as cash, wire or bank transfer if available.
Payment methods can vary if choosing Delivery or In-Store Pick-Up (Click and collect).
All of your banking details, credit card details and other payment methods are encrypted and are never stored on our website and/or application. We use third-party solutions to process your payment.
Article 8 - Billing
Our company will issue, in accordance with applicable law and regulation, a bill or any other financial document when your order has been processed by our services. Such a document will be either sent to you by email and/or put in the package containing your order.
Our company has the right to refuse and to cancel any order that is placed on our website and/or application without any prior notice or justification. If so our company will issue a refund on the initial payment method used by the client.
To ensure a proper billing process the client must provide us with true, accurate and correct information and data. The client must keep billing details up to date and accurate.
Article 9 - Warranties
We will do our best to comply with the order made by the client.
In case of missing or unavailable products we will inform the client as soon as possible.
In case of a defective product, the client must inform us as soon as possible on delivery or when In-Store Pick-Up (click and collect) or no later than 24 hours after the delivery is done. In such cases, the client can ask for a product substitution or for a refund.
Article 10 - Liability
Our company will not be liable in case of network disruption, viruses, outside access, fraudulent use of payment methods or any other kind or type of technical issue or fraudulent access…
Article 11 - Third-Party links, external links
Some of the contents available on our website and/or application can include materials from third-parties and outside sources. Third-party links on our websites and/or applications can direct you to outside of our control websites that are not affiliated with us. We are not responsible nor liable for controlling or examining the content or accuracy of third-party websites or outside sources.
Hence we are not liable nor responsible for any damages or misuse while accessing third-party links or external links or sources on our website and/or application.
Article 12 - Disclaimer of warranties
While using our website and/or application you grant us that we will not be held liable or responsible if data on our services is not accurate, true, complete or correct. The information and data given on our services is given as illustrational and informational only and must not be used for making decisions. Further advice and information must be sought before making any serious decision. You are using our services at your own risk.
Our company reserves the right to modify any content or products/items available on our services without prior notice, but our company has no obligation to update any content available on our services.
Also our company does not guarantee that the use of our services will be error-free, timely, secure or uninterrupted. The client agrees that we can remove services from time to time or add new ones without prior notice.
Our services and our products and items are delivered and provided to clients « as is » and « as available » for use, without any warranties or conditions of any kind.
In no case our company’s staff, employees, personnel, agents, interns and so on, are liable for any loss, claim, injury, any indirect or direct damage, incidental, punitive or special damages of any kind or type. This includes loss of profits, lots of revenues, lots of data or savings, whether based on tort law, contract, liability or otherwise.
Article 13 - Indemnification
You as a client of our company agree to indemnify, defend and hold us harmless from any claim or demand, this includes attorney’s fee made by any third-party due to your breach of these T&C or any other document that is binding between you and our company.
Article 14 - Severability
If any part, article or document of these T&C or of any other binding document between you and our company is determined by a competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed to be severed from these T&C such determination will not affect the validity and enforceability of any other remaining provisions.
Article 15 - Termination
All of the obligations and liabilities of the parties that occurred before the termination date shall survive the termination of this agreement.
These T&C are effective unless terminated either by our company or by the client.
The client can notify our company that he no longer wants to use our services or he can simply stop using and/or access our services, websites and/or application.
Our company can terminate this agreement at its sole discretion at any time and without prior notice, the client will hence remain liable for any remaining amounts due to our company.
Article 16 - Contact information
If you have any question regarding these Terms and Conditions you can contact us directly at: TungPham_2@hotmail.com