Terms of service

TERMS OF SERVICES

OVERVIEW

This website is operated by Goldy Shoppers under the brand name “The Lotus Fab” (“Company,” “we,” “us,” or “our”). Throughout the site, the terms “we,” “us,” and “our” refer to Goldy Shoppers operating under its brand, The Lotus Fab. Goldy Shoppers provides this website, including all information, tools, products, and services (collectively, the “Services”), conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

By accessing, browsing, or purchasing from our website, you engage in our Services and agree to be bound by these Terms of Service (“Terms”), including additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including, but not limited to, visitors, customers, merchants, vendors, and contributors of content.

Please read these Terms carefully before using our website. If you do not agree to all the terms and conditions set out herein, you may not access the website or use our Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features, tools, or services that are added to the current platform will also be subject to these Terms. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to modify, update, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to review this page periodically for changes. Continued use of our website after changes are posted constitutes your acceptance of such changes.

Our online store is hosted by Shopify Inc., which provides us with the e-commerce platform to sell our products and Services. By using our store, you also agree to comply with Shopify’s applicable terms, privacy policies, and security standards. The website www.thelotusfab.in/ is owned and operated by Goldy Shoppers, a company incorporated under the laws of India, with its registered office at 4017, International Fashion Market, Nr. Sita Nagar, Punagam, Surat – 395010

SECTION 1 – ONLINE STORE TERMS

1. By agreeing to these Terms, you represent and warrant that:

· You are at least the age of majority in your state, province, or country of residence, or

· You are the age of majority and have provided us with consent to allow your minor dependents to use this website.

2. You agree not to use our products or Services for any unlawful or unauthorized purpose and not to violate any applicable laws in your jurisdiction, including but not limited to:

· Consumer protection laws,

· Intellectual property laws (copyright, trademark, and patent rights),

· Data protection and privacy regulations (e.g., GDPR, Indian IT Act, CCPA, if applicable).

3. You must not transmit any malicious code, viruses, worms, spyware, or any destructive programming to or through the website.

4. Any breach or violation of these Terms may result in immediate suspension or termination of your access to our Services, without prior notice, and may also subject you to legal liability.

SECTION 2 – GENERAL CONDITIONS

1. We reserve the right, at our sole discretion, to refuse service to any person, entity, or account, at any time and for any reason, including but not limited to violation of these Terms, fraudulent activity, or misuse of our Services.

2. You understand that, except for credit card information, your content and data may be transferred unencrypted and may involve:

· Transmission over various networks, and

· Changes necessary to conform and adapt to technical requirements of connecting networks or devices.

Credit card and other payment information is always encrypted during transfer using industry-standard security protocols (e.g., SSL/TLS).

3. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, the use of the Services, or access to the Services or any contact on the website without our express prior written consent.

4. The headings and section titles used in this agreement are provided for convenience only and do not limit or otherwise affect the meaning of the Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

1. While we strive to ensure accuracy, we do not warrant that the information made available on this site is accurate, complete, reliable, current, or error-free. The materials provided are for general informational purposes only and should not be relied upon as the sole basis for making decisions. You are responsible for verifying information through more accurate, complete, or timely sources before relying on it.

2. This website may contain certain historical or archived information, which is provided for reference purposes only. Historical information is not necessarily current and should not be relied upon as such.

3. We reserve the right to modify, update, or remove the contents of this site at any time without prior notice. However, we do not undertake any obligation to update information on our site, except as required by applicable law.

4. You agree that it is your responsibility to monitor our site for updates and changes. Your continued use of the Services constitutes acknowledgment and acceptance of such modifications.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

1. All prices of products and Services listed on our website are subject to change at any time without prior notice. Prices are displayed in Indian Rupees (INR) unless otherwise specified.

2. We reserve the right, at our sole discretion, to:

· Modify, update, or discontinue any part of our Services, products, or website features,

· Adjust product pricing, discounts, or promotional offers, and

· Correct any pricing errors that may inadvertently occur on the website.

3. Such modifications may be made without prior notice and may apply even after an order has been placed. However, in cases where pricing errors materially affect your order, we will notify you before processing and provide the option to reconfirm or cancel the order.

4. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service, except as required under applicable law (including consumer protection laws).

SECTION 5 – PRODUCTS OR SERVICES

1. Certain products or Services may be available exclusively online through our website. These products and Services may be available in limited quantities and are subject to our Return & Replacement Policy available at [https://thelotusfab.in/pages/return-policy].

2. While we make every reasonable effort to display our products, including colors and images, as accurately as possible, we cannot guarantee that your device’s display settings will accurately reflect the actual product.

3. We reserve the right, at our discretion, to:

· Limit the sale of our products or Services to any individual, household, geographic region, or jurisdiction,

· Restrict the quantities of products or Services made available, and

· Discontinue any product or Service at any time.

Such decisions may be made on a case-by-case basis and without prior notice.

4. All product descriptions, pricing, promotions, and availability are subject to change without notice, at our sole discretion. Any offer for a product or Service made on this site is void where prohibited by law.

5. We do not warrant that:

· The quality of products, Services, or information purchased will meet your expectations,

· Errors in product listings, descriptions, or Service functionality will be corrected immediately, though we will take reasonable steps to rectify them once identified.

6. Compliance with Applicable Law:
All sales are governed by the Consumer Protection (E-Commerce) Rules, 2020, Information Technology Act, 2000, and other applicable local laws. In the event of any conflict, the rights of consumers under law will prevail.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

1. We reserve the right to refuse or cancel any order placed with us. We may, at our discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed:

· Under the same customer account,

· Using the same payment method or credit card, and/or

· Sharing the same billing and/or shipping address.

2. In the event of any change to or cancellation of an order, we may attempt to notify you using the email address, phone number, or billing address provided at the time of purchase.

3. We reserve the right to prohibit or restrict orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors and not by end consumers.

4. You agree to provide current, complete, and accurate information for all purchases made at our store, including billing details, shipping address, contact information, and payment details.

5. You also agree to promptly update your account details, including email addresses, phone numbers, and payment card information (e.g., expiration dates), so that we can process transactions efficiently and contact you if necessary.

6. Orders are processed subject to payment verification and acceptance by us. We will not be liable for any delay or non-delivery arising from inaccurate or incomplete information provided by you.

7. For further details on cancellations, returns, and refunds, please review our Return Policy at [https://thelotusfab.in/pages/return-policy].

SECTION 7 — OPTIONAL TOOLS

1. From time to time we may make certain third-party tools, applications, widgets, plug-ins, or APIs available through the website (collectively, “Optional Tools”). Optional Tools are provided by independent third parties over which Goldy Shoppers (operating under the brand “The Lotus Fab”) has no control.

2. Your access to and use of Optional Tools is voluntary and made available for convenience only. You acknowledge and agree that:
a. Optional Tools are provided “as is” and “as available,” without warranties or representations of any kind from Goldy Shoppers;
b. We do not endorse, supervise, validate, or warrant any Optional Tool, its provider, functionality, accuracy, legality, or suitability for your purposes; and
c. We shall not be liable for any loss, damage, or liability arising from your use of Optional Tools, including any disruption, data loss, unauthorized access, or other harms.

3. If you choose to use an Optional Tool, you assume all risk and must review and accept the third party’s terms of use and privacy policy. You are responsible for any fees, accounts, or registrations required by the third party. You should also ensure that any data you provide to an Optional Tool is appropriate to share with that third party.

4. We may add, modify, suspend, or remove Optional Tools (or any functionality) at any time and without prior notice, and such changes will be governed by these Terms.

SECTION 8 — THIRD-PARTY LINKS AND CONTENT

1. Our Service may contain links, references, and integrations to third-party websites, content, marketplaces, or services (collectively, “Third-Party Sites”). Third-Party Sites are not owned, controlled, or endorsed by Goldy Shoppers.

2. Third-Party Sites may include affiliate links, sponsored content, or partner offers. If you follow a link to a Third-Party Site and complete a transaction, you acknowledge that the transaction occurs solely between you and that third party and that we are not a party to that transaction. We are not responsible for the products, Services, content, business practices, or privacy and security measures of Third-Party Sites.

3. You agree that we have no responsibility for: (a) the availability or accuracy of content on Third-Party Sites; (b) any goods, Services, or other material obtained from those sites; or (c) any loss or damage arising from or relating to your use of or reliance on any Third-Party Site. Always review the third party’s terms, refund policy, shipping policy, and privacy policy before transacting.

4. Where links to Third-Party Sites are provided for convenience or reference, the inclusion of such links does not imply endorsement by Goldy Shoppers. We may remove or disable links at any time.

SECTION 9 — USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

1. Types of Submissions. If you send us comments, suggestions, ideas, proposals, creative materials, or other content (collectively, “Submissions”), whether solicited (for example, contest entries) or unsolicited, you agree to the terms below.

2. Licence Grant. By submitting any Submission to Goldy Shoppers you grant us a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submission in any media now known or later developed for any purpose (including marketing, product development, or promotional purposes).

3. Representations and Warranties. You represent and warrant that:
a. you own the Submission or otherwise have the lawful right to grant the license above;
b. the Submission does not infringe any third-party intellectual property, privacy, publicity, or other legal rights; and
c. the Submission contains no unlawful material, defamation, threats, obscene content, or malicious code.

4. No Obligation to Compensate. You acknowledge that Goldy Shoppers has no obligation to pay compensation for any Submission and has no obligation to keep Submissions confidential.

5. Monitoring and Removal. We may, but are not obligated to, monitor, edit, refuse, or remove any Submission that we determine, in our sole discretion, is unlawful, offensive, abusive, harmful, infringes others’ rights, or otherwise violates these Terms. We may also remove any Submission for operational, technical, or commercial reasons.

6. Indemnity. You agree to indemnify, defend, and hold harmless Goldy Shoppers and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to any Submission you make or any breach of the representations above.

SECTION 10 — PERSONAL INFORMATION & PRIVACY

Short version / pointer: Your submission of personal information through our store is governed by our Privacy Policy, which explains what personal data we collect, how we use it, how long we retain it, the rights you have, and how to contact our data/privacy officer. Please read the full Privacy Policy here: https://thelotusfab.in/policies/privacy-policy.

Our legal commitments (high level):

1. Goldy Shoppers (operating under the brand “The Lotus Fab”) processes personal data in accordance with applicable laws and regulatory requirements governing e-commerce and electronic communications, including the Information Technology Act, 2000, the Consumer Protection (E-Commerce) Rules, 2020, and (where applicable) India’s Digital Personal Data Protection framework and associated rules — and with additional legal obligations that may apply to users in other jurisdictions (for example, the EU’s General Data Protection Regulation).

2. What we collect. Depending on your interactions with our Services, we may collect: name, postal and billing address, phone number, email address, payment information (collected via our payment processors), order and transaction history, device and usage data (IP address, browser, cookies, and similar tracking data), and communications you send us. We do not collect more personal data than is necessary for the purpose for which it is collected.

3. Why we collect it. We collect and process personal data to:

(a) fulfil and manage orders, payments and refunds;

(b) communicate about your orders and provide customer support;

(d) comply with legal and regulatory obligations (for example tax and consumer protections);

(e) detect and prevent fraud and abuse; and

(f) send marketing communications where you have consented (you can withdraw consent at any time).

4. Lawful basis and cross-border transfers. We rely on appropriate lawful bases for processing such as performance of the contract (order fulfilment), consent (marketing), legal obligation, and our legitimate business interests (fraud prevention, site security, analytics). Personal information may be processed or stored outside your country of residence (including by our service providers). Where cross-border transfers occur, we will use reasonable safeguards required by applicable law.

5. Security and retention. We implement commercially reasonable technical and organisational measures to protect personal information (for example, encryption for payment data during transit). We retain personal information only for as long as necessary for the purposes set out in our Privacy Policy or as legally required.

6. Your rights. Subject to applicable law, you may have the right to access, correct, update, restrict or object to processing of your personal data, request portability, or request deletion. For EU/EEA residents, additional GDPR rights may apply. To exercise your rights, or to raise questions or complaints, please use the contact information below or consult our full Privacy Policy for the procedure.

7. Children. Our Services are not intended for persons under 18. We do not knowingly collect personal information from children under 18; if we become aware that we have collected such information we will take steps to delete it unless permitted by law.

8. Grievance & privacy contact. In accordance with applicable consumer and e-commerce rules, we have appointed a grievance officer and a privacy contact to address consumer complaints and data protection concerns. Please contact:

Email: support@thelotusfab.in

Phone: +91 6352260028

Time: 10:00 AM TO 06:00 PM

Full Privacy Policy: For complete details (including cookie policy, list of categories of personal data, third-party processors, retention periods, and step-by-step instructions for exercising your data rights), please read our Privacy Policy at https://thelotusfab.in/policies/privacy-policy

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

From time to time, there may be information available on our website or within the Service that contains typographical errors, inaccuracies, or omissions. These may relate to product descriptions, pricing, promotions, offers, shipping charges, delivery times, product availability, or other content.

We reserve the right, at any time and without prior notice (including after an order has been placed), to:

1. Correct any errors, inaccuracies, or omissions;

2. Modify, update, or clarify information; and

3. Cancel or refuse any orders placed if such information is found to be inaccurate.

Unless required by applicable law, we undertake no obligation to update, amend, or clarify information contained in the Service or on any related website. Any update or refresh date applied within the Service or related website should not be construed to mean that all information has been modified or is up to date.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions specified under these Terms of Service, you are expressly prohibited from using the Website, Service, or its content for the following purposes:

1. Unlawful Activities – For any illegal, fraudulent, or unauthorized purpose;

2. Solicitation of Unlawful Acts – To solicit, encourage, or facilitate others in committing unlawful acts;

3. Violation of Laws and Regulations – To contravene any applicable local, state, national, or international laws, rules, or regulations;

4. Intellectual Property Infringement – To infringe upon or misappropriate our intellectual property rights or those of third parties;

5. Harassment and Discrimination – To harass, abuse, insult, defame, slander, disparage, intimidate, or discriminate against others on the basis of gender, sexual orientation, religion, ethnicity, race, caste, age, nationality, or disability;

6. False Information – To provide or submit false, misleading, or fraudulent information;

7. Malware or Hacking – To upload, transmit, or distribute any viruses, worms, malware, or other harmful code intended to disrupt, damage, or interfere with the Service or any related system;

8. Data Harvesting – To collect, track, or misuse personal data of other users without consent;

9. Spam and Phishing – To engage in spamming, phishing, pharming, pretexting, scraping, or any form of unsolicited communication;

10. Obscene or Immoral Purpose – To use the Service for any purpose that is obscene, pornographic, immoral, or offensive to public order;

11. Circumvention of Security – To interfere with or bypass the security features of the Service, Website, other websites, or the Internet at large.

Violation of any of the above may result in immediate suspension or termination of access to the Service, and may also subject you to civil and/or criminal liability under applicable laws including the Information Technology Act, 2000 (India), IT Rules, 2021, and other relevant regulations.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

1. No Guarantee of Service – We do not represent, warrant, or guarantee that the Service will be uninterrupted, timely, secure, or error-free.

2. Accuracy of Results – We do not warrant that the results obtained from the use of the Service will be accurate, complete, or reliable.

3. Temporary Suspension – We reserve the right to suspend or discontinue the Service, in whole or in part, at any time without prior notice.

4. “As-Is” Basis – You expressly agree that your use of the Service, or inability to use it, is solely at your own risk. The Service, along with all products and services delivered through it, is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, or non-infringement.

Limitation of Liability: To the fullest extent permitted by applicable law, The Lotus Fab, its parent company (Goldy Shoppers), affiliates, directors, officers, employees, agents, contractors, suppliers, and service providers shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages. This includes, without limitation, damages for loss of profits, revenue, savings, data, goodwill, business opportunities, replacement costs, or any similar damages, arising out of or related to:

· Your use of the Service or any products procured through the Service;

· Errors or omissions in any content;

· Any damage incurred as a result of using the Service or any content transmitted or otherwise made available through the Service.

Where certain jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, our liability shall be limited to the maximum extent permitted by the applicable laws of India.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Lotus Fab, Goldy Shoppers, and all affiliated entities, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable legal and attorney’s fees) arising out of or relating to:

1. Your violation of these Terms of Service or any documents incorporated herein by reference;

2. Your breach of any applicable law, rule, or regulation;

3. Your infringement or misappropriation of third-party rights, including intellectual property rights;

4. Any misuse of the Service by you or any person accessing the Service using your account credentials.

This indemnity shall survive the termination or expiration of these Terms of Service and your use of the Service.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable under applicable law, such provision shall nevertheless be enforceable to the fullest extent permissible, and the unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect. The parties expressly agree that they would have agreed to the remaining provisions of these Terms notwithstanding the unenforceability of any single provision.

SECTION 16 – TERMINATION

1. Survival of Obligations – Any obligations, liabilities, or rights of the parties that have accrued prior to the date of termination shall survive such termination for all purposes, including but not limited to payment obligations, indemnification, and limitation of liability.

2. Termination by You – You may terminate these Terms of Service at any time by:

o Notifying us in writing (via the contact details provided in Section 20) that you no longer wish to use our Services; or

o Discontinuing your access to and use of the Website and Services.

3. Termination by Us – We may, in our sole discretion, suspend or terminate your access to the Website or Services at any time and without prior notice if we determine, or reasonably suspect, that you have:

o Breached or violated any provision of these Terms of Service;

o Failed to pay any amounts due;

o Engaged in conduct that is unlawful, fraudulent, abusive, harmful to other users, or detrimental to Thelotusfab reputation and goodwill;

o Misused the Service in a manner inconsistent with its intended purpose.

4. Consequences of Termination – Upon termination:

o Your right to access and use the Services shall immediately cease;

o Any outstanding payments or obligations shall remain payable;

o We may deny you access to our Services (or any portion thereof) in the future.

Termination shall be without prejudice to any other remedies available to us under applicable law.

SECTION 17 – ENTIRE AGREEMENT

1. These Terms of Service, along with our Privacy Policy, Refund & Cancellation Policy, and any other policies or legal notices published on the Website, constitute the entire agreement between you and The Lotus Fab regarding the use of our Services.

2. This agreement supersedes all prior or contemporaneous agreements, negotiations, representations, and communications, whether written or oral, relating to the subject matter herein.

3. Failure by The Lotus Fab to enforce or exercise any provision of these Terms of Service shall not constitute a waiver of that right or provision.

4. Any ambiguities in the interpretation of these Terms shall not be construed against The Lotus Fab as the drafting party but shall instead be interpreted in accordance with applicable laws to give effect to the parties’ intent.

SECTION 18 – GOVERNING LAW AND JURISDICTION

1. These Terms of Service and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws of India.

2. Subject to applicable consumer protection laws, any disputes, claims, or controversies arising out of or relating to these Terms, the Services, or your use of the Website shall be subject to the exclusive jurisdiction of the courts at Surat, Gujarat, India.

3. Users accessing the Website from outside India are responsible for compliance with their local laws to the extent such laws are applicable.

SECTION 19 – CHANGES TO TERMS OF SERVICE

1. We reserve the right, at our sole discretion, to revise, modify, or update these Terms of Service at any time. Any such changes will be posted on this page along with the “Last Updated” date.

2. It is your responsibility to review the Terms periodically for updates or changes. Your continued use of the Website or Services following the posting of revised Terms shall constitute your acceptance of such changes.

3. Where required by law, we will notify you of significant changes to these Terms by email or by placing a prominent notice on our website.

4. If you do not agree to the revised Terms, you must immediately discontinue your use of the Services.

SECTION 20 – CONTACT INFORMATION

For questions, concerns, or complaints regarding these Terms of Service, or if you require clarification of any provisions, you may contact us at:

The Lotus Fab (a brand of Goldy Shoppers)
Email: support@thelotusfab.in
Registered Office: 4017, International Fashion Market, Nr. Sita Nagar, Punagam, Surat – 395010
Customer Support: +91 6352260028

Business Hours: Monday - Friday, 10:00 AM - 6:00 PM

We are committed to resolving consumer complaints in accordance with the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020. If you are dissatisfied with the resolution provided by us, you may escalate the matter to the Consumer Dispute Redressal Commission or any other authority established under applicable laws in India.