Terms of service

OVERVIEW
This website is operated by Lomari. Throughout the site, the terms “we”, “us” and “our” refer to Lomari. Lomari 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.

When you visit our website and/or purchase something from us, you are using our “Service” and agree to be bound by these Terms of Service (“Terms”, “Terms of Use”, “TOS”), including any additional terms, conditions, and policies referenced in this document. These Terms apply to all users of the website, including but not limited to browsers, vendors, customers, merchants, and content providers.

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

Any new features or tools added to the current offering will also be subject to these Terms. We reserve the right to update, modify, or replace any part of these Terms. You are responsible for reviewing changes.

SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your province or territory of residence, or that you are the age of majority and 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, without limitation, copyright laws).
You must not transmit any worms, viruses, or 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 transmissions over various networks and changes to conform 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 without express written permission from us.
Section headings in this agreement are included for convenience and do not limit 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 as the sole basis for decisions without consulting primary, more accurate, complete, or 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 is not current and is provided for 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. 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.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Contract formation: product listings are not binding offers but invitations to order. By submitting your order, you make an offer to purchase. We may accept by confirming and preparing the shipment.

Warranty: statutory consumer warranty rights apply where applicable under Canadian law.

SECTION 5 — PRODUCTS OR SERVICES
Certain products or services may be available exclusively online. These may have limited quantities and are subject to return or exchange according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products; we cannot guarantee that your monitor’s display of any colour 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 quantities of any products or services that we offer. All descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained will meet your expectations or that any errors will be corrected.
Shipping and origin: items may be shipped directly from our fulfilment partners, which can include international facilities. Any import duties, taxes, or fees assessed by customs are the customer’s responsibility unless stated otherwise.

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 payment method, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you using the contact information provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our 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 and to promptly update your account and other information so that we can complete transactions and contact you as needed.
See our Return Policy for additional details on returns and refunds.

SECTION 7 — OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor or have any control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions and without any endorsement. We have no liability 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 the terms on which tools are provided by the relevant third-party provider(s).

SECTION 8 — THIRD-PARTY CONTENT
Certain content, products, and services available via our Service may include materials from third parties. Third-party materials are the responsibility of those providers. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions connected with third parties. 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 submissions (for example, contest entries) or without a request you send ideas, suggestions, proposals, plans, or other materials (collectively, “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments you send to us. We are and shall be under no obligation to maintain any Comments in confidence, to pay compensation for any Comments, or to respond.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms.
You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights; will not contain unlawful, abusive, or obscene material; and will not contain malware. You must not use a false identity or mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy.

SECTION 10 — PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which describes how Lomari collects, uses, discloses, and safeguards personal information in accordance with Canadian law.

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 relating 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 is inaccurate at any time without prior notice, including after you have submitted your order. We do not undertake any obligation to update or clarify information except as required by law.

SECTION 12 — PROHIBITED USES
In addition to other prohibitions set out in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any applicable international, federal, provincial/territorial, or municipal regulations, rules, laws, or ordinances; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track personal information of others; (i) for spam or scraping; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any prohibited use.

SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free, or that results obtained will be accurate or reliable. You agree that we may remove the Service for indefinite periods or cancel the Service at any time.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. Except where prohibited by law, the Service and all products and services delivered to you are provided “as is” and “as available”, without any representation, warranties, or conditions of any kind, express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
To the fullest extent permitted by applicable law, Lomari and its affiliates, officers, directors, employees, agents, contractors, suppliers, and service providers shall not be liable for any indirect, incidental, punitive, special, or consequential damages, or any loss of profits, revenue, data, or goodwill, arising from your use of the Service or any products, even if advised of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the maximum extent permitted by law.

SECTION 14 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Lomari and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

SECTION 15 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. 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. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms 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, we 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 we may deny you access to our Services.

SECTION 17 — ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site constitute 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. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 — GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict-of-laws rules. You consent to the jurisdiction of the courts of Ontario for all disputes, except where a different local law is mandatorily applicable to you as a consumer.

SECTION 19 — CHANGES TO TERMS
We may update these Terms from time to time. It is your responsibility to review changes. Your continued use of or access to the website or the Service following changes to these Terms constitutes acceptance of those changes.

SECTION 20 — CONTACT INFORMATION
Questions about the Terms should be sent to:
info@lomarifashion.com