Terms of Service

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

Please read these Terms of Service carefully before accessing 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 agree to all the terms and conditions of this agreement, you may not access the site 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 added to the current store will 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 on our website at any time. It is the user's responsibility to check this page periodically for changes. Continued use or access to the website after any changes have been posted constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide 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, the user declares that they are at least of legal age in their state or province of residence, or are of legal age in their state or province of residence, and have given us consent to allow all dependent minors to use this Site.

The user may not use our products for illegal or unauthorized purposes, nor may they, in using the Service, violate the laws in their jurisdiction (including, by way of example, copyright laws).

The transmission of worms, viruses, or destructive code is strictly prohibited.

The breach 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 at any time.

The user is aware that their content (excluding credit card information) may be transmitted in clear text and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card data is always encrypted during network transfer.

The user agrees not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.

The headings 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 inaccurate, incomplete, or outdated. The material contained on this site is provided for general informational 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 on 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 obligated to update the information on our site. The user agrees that it is their responsibility to monitor changes to our site.

SECTION 4 - SERVICE AND PRICE CHANGES

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 the user or any third party for any changes, price variations, suspension, or discontinuation of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Some products or services may be available exclusively 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 have made every effort to display the colors and images of our products in the store as accurately as possible. We cannot guarantee that your monitor's display will accurately show all the colors of the products we display.

We reserve the right, but not the obligation, to limit sales of our products or services to any person, geographic area, or jurisdiction. We may 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 will meet their 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 quantities purchased per person, per household, or per order. Such limitations may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. If we make a change or cancel an order, we may attempt to notify the user by contacting the email and/or billing address/phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

The user agrees to provide updated, complete, and accurate information regarding purchases and the account for all purchases made in our store. The user agrees to promptly update their account and other information, including email address, credit card numbers, and expiration dates, so that we can complete transactions and contact them if necessary.

For more details, please refer to our return policy.

SECTION 7 - OPTIONAL TOOLS

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

The user acknowledges and agrees 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 related to the use of optional third-party tools.

The user's use of optional tools offered through the Site is entirely at their own risk and discretion, and the user must ensure they understand and accept the terms under which the tools are provided by the respective 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 the user to third-party websites not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy and do not guarantee and will have no liability for third-party materials or websites or any other third-party materials, products, or services.

We are not responsible for any damages or harm related to the purchase or use of goods, services, resources, content, or other transactions made in connection with third-party websites. Please carefully review the policies and practices of third parties and ensure you understand them before making any transaction. Complaints, concerns, or questions regarding third-party products should be directed to those third parties.
SECTION 9 - COMMENTS, FEEDBACK, AND OTHER USER MATERIALS

If, at our request, the user submits certain specific contributions (for example, contest entries) or without our request, submits creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), the user agrees that we may, at any time, without limitation, modify, copy, publish, distribute, translate, and otherwise use the comments submitted by the user in any media. We have no obligation (1) to keep the comments confidential; (2) to pay compensation for the comments; or (3) to respond to the comments.

We may, but are not obligated to, monitor, edit, or remove content that we, at our sole discretion, consider illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of a party or these Terms of Service.

The user agrees that their comments do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or property rights. The user also agrees that their comments do not contain defamatory or otherwise illegal, offensive, or obscene material, or contain computer viruses or other malware that could in any way compromise the operation of the Service or any related website. The user may not use a false email address, pretend to be someone other than themselves, or otherwise mislead us or third parties about the origin of the comments. The user is solely responsible for the comments they post and their accuracy. We assume no responsibility for comments posted by the user or third parties.

SECTION 10 - PERSONAL INFORMATION

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

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, our site or the Service may contain information with typographical errors, inaccuracies, or omissions that may relate to 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 the information or cancel orders if the information in the Service or any related website is inaccurate, at any time and without notice (even after the order has been placed).

We do not assume any obligation to update, modify, or clarify the information contained in the Service or any related website, including, by way of example, pricing information, except as required by law. No specific update date applied in the Service or any related website should be considered as indicating that any information in the Service or any related website has been changed or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Service, use of the Site or its contents is prohibited: (a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, or local regulations, rules, laws, or ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other harmful code that may or can be used in any way that could damage the functionality or operation of the Service or any related websites, other websites, or the Internet; (h) to collect or track personal information about third parties; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related websites, other websites, or the Internet. We reserve the right to terminate the user's use of the Service or any related websites if any of the prohibited uses are violated.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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

We do not guarantee that the results that may be obtained from using the service will be accurate or reliable.

The user agrees that, from time to time, we may remove the service for indefinite periods or cancel the service at any time without notice.

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

In no event will our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, loss of savings, loss of data, replacement costs, or other similar damages, whether arising from contract, tort (including negligence), strict liability, or otherwise from the use of any service or product purchased through the service, or for any other claim related in any way to the use of the service or any product, including but not limited to 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) posted, transmitted, or otherwise made available through the service, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability is limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

The user agrees to indemnify, defend, and hold harmless Lobelia, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including legal fees, made by any third party due to or arising out of the user's violation of these Terms of Service or the documents incorporated by reference, or the user's violation of any law or the rights of third parties.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is found to be illegal, void, or unenforceable, that provision will still be enforced to the maximum extent permitted by applicable law and the unenforceable part will be considered separate from these Terms of Service; this determination will not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

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

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

If, at our sole discretion, the user fails to comply with, or we suspect has failed to comply with, any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice, and the user will remain responsible for all amounts due up to the termination date and/or may be denied access to our Services (or any part thereof).

SECTION 17 - SHIPPING

We reserve the right, in the event of extraordinary and unforeseeable circumstances, therefore not attributable to our business choices, to estimate additional delivery times beyond the usual (15-20 business days) in order to fulfill the delivery of any purchased product or service. We will, however, promptly communicate the approximate times as well as the actual delivery day as soon as we receive notification of the exact date from the carrier-shipping company.

SECTION 18 - ENTIRE AGREEMENT

Our failure 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 we publish on the Site or in connection with the Service constitute the entire agreement and understanding between the user and us and govern the user's use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between the user and us (including, but not limited to, any previous versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - APPLICABLE LAW

These Terms of Service and any separate agreements by which we provide you with services shall be governed by and construed in accordance with Italian law.

SECTION 20 - CHANGES TO THE TERMS OF SERVICE

The user can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at 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 the user's responsibility to check our website periodically for any changes. Continued use of or access to our website or service after any changes to these Terms of Service have been posted constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

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