Terms of service

OVERVIEW
This website is operated by lobeloveco. Throughout the site, the terms “we”, “us” and “our” refer to lobeloveco. lobeloveco offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. 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, then you may not access the website 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 which are added to the current store shall 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 to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes 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 to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to 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 the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion 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 by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or 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 certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain 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 exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (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 website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be 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 to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall lobeloveco, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any 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 via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless lobeloveco and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of 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 policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@lobelove.com.

MORE TERMS: 

YOUR ACCOUNT

You may be required to create an account and specify a password in order to make purchases or use certain features on the sites. You must provide current, truthful and accurate information when creating an account. Please keep your account updated to reflect any changes.

You may not share your account with anyone else. If you believe that your account has been compromised at any time, please contact us at hello@lobelove.com.

 

ORDERS AND CANCELLATIONS

An agreement for Lobe Love to sell goods to you is made when we accept your order. The description of goods, price, and applicable tax are agreed on between you and Lobe Love when an order is placed. You are responsible for the charges for transport, packaging, freight, and/or insurance of your order as reflected in the order summary provided upon checkout.

Placement of an order is a binding agreement. Once placed, all orders are considered final and you may not change or cancel them. Lobe Love reserves the right to cancel any order for any reason whatsoever, including but not limited to unauthorized, altered, or ineligible use of an offer or payment. Lobe Love reserves the right to modify or cancel a promotion due to system error or unforeseen problems.

PROMOTIONS

Any product purchased during a "Gift With Purchase" or "Buy One, Get One Free" promotion may be returned. Please include the gifted product with your return, or your refund will be adjusted to reflect the retail value of the gift. Gifted product cannot be returned or exchanged.

All promotions are available while supplies last. Promotion code may be required upon checkout. Promotions may not be combined or applied to previous purchases, gift card purchases, sales tax, or shipping charges. Offers may only be valid for a specified date and timeframe.

GIFT CARDS

Lobe Love offers E-Gift Cards and can be redeemed online. Gift Cards cannot be returned or redeemed for cash value, reloaded with additional value, resold or transferred for value, except where required by law. Gift Cards cannot be used to purchase other Gift Card(s). No sales tax will be charged on the purchase of a Gift Card. Gift Cards cannot be purchased or redeemed outside of the United States. Promotions and other special offers do not apply to the purchase of a Gift Card. Lobe Love will not replace lost or stolen gift cards without satisfactory proof of purchase.

If the amount of your online Gift Card(s) does not cover the total order amount, you must pay the remainder of the purchase with a valid credit card. If the amount of your online gift card(s) is for more than the total order amount, the remaining balance will be credited to your Lobe Love online account for your next purchase using the same gift card code.

If you have any questions, please contact hello@lobelove.com.

WARRANTY

Our goal is to provide high quality goods and products. Accordingly, we warrant the goods will meet their specification and will be free from defects in materials and workmanship at the time of delivery. Please unpack and inspect your order immediately upon receipt. Any and all claims must be reported to Lobe Love within five (5) business days without exception.

TEXT MESSAGING

If you provide your phone number to Lobe Love, you agree to receive recurring automated and autodialed promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Lobe Love, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase.

If you need assistance or wish to opt-out from Lobe Love text messages, reply HELP for help, reply STOP to cancel or opt-out. After texting HELP or STOP to our shortcode you may receive an additional message confirming that your request has been processed. Message and Data rates may apply.

Message frequency will vary. Lobe Love reserves the right to alter the frequency of messages sent at any time. Lobe Love also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Lobe Love, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to most major mobile phone carriers.

Please review the Privacy Policy for more information on how we use the information you provide to us.

CONTENT YOU POST

We may provide opportunities for you to post text, photographs, videos, or other content (collectively, "Content") on the Sites for use by Lobe Love. You acknowledge and agree that you may only post Content if:

  • You are at least 18 years old;

  • You own all the rights to the Content and are authorized to assign any and all rights in the Content to Lobe Love;

  • The Content does not infringe upon the rights of any third parties, including but not limited to copyright, trademark, trade secret, and publicity rights;

  • The Content does not violate these Terms and will not cause injury to any person or entity;

  • The Content does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;

  • The Content does not contain any computer viruses, worms or other potentially damaging computer programs, files or malware;

  • You did not receive any form of compensation or consideration by any third party to post the Content;

  • The Content is not or may not be reasonably considered to be false, inaccurate, misleading, defamatory, obscene, indecent, libelous, hateful, unlawfully threatening, unlawfully harassing to any individual or entity, offensive, or otherwise deemed unlawful or inappropriate in Lobe Love’s sole discretion; and

  • You agree to comply with any other requirement as may be provided to you by Lobe Love.

 

Any Content that you submit may be used at Lobe Love's sole discretion. Lobe Love reserves the right to accept, reject, remove, refuse, change, condense or delete any Content submitted in its sole discretion and for any reason whatsoever. You will not be able to edit or delete any Content you have submitted. You acknowledge that you, not Lobe Love, are responsible for the Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Lobe Love, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees. If we accept your Content and include it on the Sites, in any event, promotion, program or for any other purpose, we cannot remove it later and you may not request that it be removed.

By uploading, submitting or otherwise posting your Content, you grant Lobe Love, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content as-is or as-edited (with or without using your name, social media handle or pseudonym) in any form or media throughout the world for any purpose, in perpetuity, without limitation, and without additional review, compensation, or approval from you. This license continues even if you stop using our Sites.

You further agree to defend, indemnify, release, and hold Lobe Love harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of or related to Lobe Love’s use of your Content, including, but not limited to, any claim that the use of your Content violates or infringes upon the rights of any third party. 

CONTENT POSTED BY OTHERS

We are not responsible for and do not endorse Content posted by any other visitor to the Sites. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another person.

NON-CONFIDENTIAL INFORMATION

We do not accept any unsolicited suggestions – including, but not limited to, suggestions for new products or services, improvements to existing products or services, or marketing ideas – from anyone outside of our company. We may already be working on a similar idea, and this policy eliminates potential conflicts regarding ownership of the concept.

Any materials, information, or ideas you send us or post on the Sites, by any means, will be treated as non-confidential and non-proprietary, and may be disseminated or used by Lobe Love for any purpose whatsoever.

LOBE LOVE INTELLECTUAL PROPERTY

All trademarks, logos, and service marks displayed on the Sites are registered and unregistered trademarks of Lobe Love and/or third parties who have authorized their use, and all materials on the Sites are protected by copyright and other intellectual property rights, including but not limited to the photographs, jewelry designs and the Sites, except where explicitly noted otherwise (collectively "Intellectual Property"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, create derivates of or modify the Intellectual Property in any way. We will enforce our intellectual property rights to the fullest extent of the law, including seeking criminal prosecution, if necessary.

You are prohibited from infringing or otherwise violating Lobe Love’s rights, including but not limited to Lobe Love’s Intellectual Property. You acknowledge and agree that using our Sites does not afford you any rights to the content you access. You may not use, copy, edit or distribute content from our Sites unless you obtain prior written approval from us or any third-party owner, or unless you are otherwise permitted by law.