Terms and Conditions
Effective Date: [11/2/2023]
Thank you for your interest in shopping with Lounge byH Inc. (“Lounge byH”) through our website at http://www.loungebyh.com (“Website”). We are excited to have you as a visitor and potential shopper (a “user”). Before you start exploring our collection of women's apparel and making your purchases, we kindly ask that you take a moment to review and understand our Terms and Conditions (“Terms”). These Terms outline the conditions that govern your use of our Website and purchase of our products.
By accessing or using our Website and purchasing from us, you agree to be bound by these Terms. Please read through them carefully and agree to them before you make a purchase! If you do not agree with any part of these Terms, we ask that you refrain from interacting with our services.
As hinted above, Lounge byH handles the sale of apparel through the Website. We are incorporated in Canada. For the sake of these Terms, all references to “we,” “us,” or “our” refer to Lounge byH.
If you ever have any inquiries, questions, doubts, issues, complaints, or concerns regarding these Terms or any part of our e-commerce operations, you are welcome to get in touch with us or directly using the information disclosed below:
Lounge byH Inc.
2367959397
You can and should only access our Website or purchase from us if you are at least 13 years of age (or the age of majority in your location), able to form a binding agreement, and your use does not go against any applicable laws, regulations, or statutes. By placing an order with us, you hereby confirm to us that you meet the usage eligibility requirements under this section.
While you can create an account on the Website, it is not a prerequisite to place an order. The account features allows you to save your shipping and order information for easy checkout on subsequent orders.
If you do create an account, endeavor to submit accurate and complete information. Lounge byH will not be liable for any losses that arise from any incorrect information filled by you.
You are partly responsible for maintaining confidentiality and security regarding your account login credentials. Do your part while we do ours! Do not give out your login credentials to any third party. And if you sniff any unauthorized attempt to your account, please get in touch with us immediately.
As you interact with our website and make purchases, we may gather various types of personal information, including but not limited to your name, email address, phone number, payment details, billing address, shipping address, and data related to your website usage. We do this to deliver our services, communicate effectively with you, adhere to legal requirements, and enhance your personalized experience.
We understand how important it is to protect this information from unauthorized access and use. We employ the necessary safeguards needed to achieve this aim. We recommend that you read our Privacy Policy to learn about the information we collect, who we disclose it to, and other aspects of our handling of your data.
Your use of our services may require us to send electronic communications, including through emails, texts, and other forms. You may also communicate with us via texts, emails, and other forms via electronic means. Electronic communications may also come in the form of these Terms and other agreements and policies regarding our services. By using our services, you consent to electronic communications, and you agree that electronic communications, including these Terms, notices, disclosures, and order updates shall satisfy any legal requirements that such communication be in writing.
The content on our Website remains our copyright and those of our licensors – where applicable. By content, we mean the images, texts, design, audio, videos, look and feel, and the trademarks, logo, service marks, domain name, and other materials appearing on our Website (other than user submissions). The content belongs to Lounge byH and respective licensors and is subject to copyright, trademark, and other intellectual property rights in Canada, the US, and other locations. Your status as a user does not confer any rights to you regarding our content. Ensure you do not use our content in ways that are not allowed under these Terms.
Do not use, reproduce, adapt, modify, distribute, publicly perform, or create derivative works from the content without Lounge byH or the respective owner’s proper written permission. Your use of these properties in any manner not permitted under these Terms or in writing is illegal and may attract legal consequences.
In addition, our trademark may not be used in association with any other services or products in any manner that may cause confusion, disparage us, or subject us to any legal representation.
Based on your compliance with these Terms, Lounge byH hereby grants you a revocable, non-transferable, non-sublicensable, limited license to access the Website and use any of our content for your personal, non-commercial use.
You may not alter our trademarks or use any of our content and other intellectual property rights for any commercial endeavors except we agree to it in writing.
This section only applies if you purchase through our store. By placing an order for any apparel, you agree to the terms and conditions described herein.
- Order Acceptance: Be advised that the first email you receive from us after your request to purchase a product is merely an acknowledgment of your offer and not a confirmation of acceptance. We reserve the right to accept or reject it. Your request to purchase will be deemed accepted only when we charge your payment method and send you notice of acceptance. Please take note!
- Product Availability: Our products are subject to availability. In some instances, a product may not be available when you place an order. In that case, we may offer you alternatives, which you have the option to reject or accept. If you reject, we will remove the cost from your order and issue a refund to your payment method.
- Pricing, Tax, and Payment: The prices on the products are the original prices in CAD (Canadian Dollar). However, if you order from outside of Canada, we may automatically convert the price to your local currency. The prices are exclusive of all applicable taxes, shipping, and payment method provider charges. Watch out for these on the checkout page.
Shopify and Stripe handle the processing of payments on our behalf. So, whatever payment method is available on the checkout page is fine. This includes Stripe-supported Credit/Debit Cards, Shopify’s Shop Pay, PayPal, and Google’s GPay. By providing any of these payment methods, you warrant that you have enough funds, you have the authority to use it, and you authorize our payment processors to charge the applicable amount shown on the checkout page.
- Errors: Some products you order may contain errors, including in pricing and description. In that case, we will have the right to adjust the error and provide you with the option to cancel your order or go with the adjustment.
- Shipping Policy: We ship primarily within Canada and the US. We also ship to other locations, including the EU, UK, Asia, Australia, and New Zealand – in summary, any location listed on the checkout page. Depending on the location, we utilize DHL, USPS, and UPS for shipping. The point of delivery is your specified shipping address; therefore, ensure your checkout shipping address is accurate, as we will not be responsible for any losses. We attempt to process and deliver your order within 6 to 12 business days depending on the location. Also, shipping fees may be free for local orders, while international orders cost a certain amount. Please, check the checkout page for more accurate information. You can learn more about shipping by reviewing our Shipping Policy.
- Cancellation Policy: If you place an order before we ship it out, you may be able to cancel it on the order page or by reaching out to us at admin@loungebyh.com. Other than that, cancellation is not applicable after the product has been sent out for dispatch.
- Return and Refund Policy: Ensure you are interested in the product before you place an order as we do not accept refunds or returns for dissatisfaction. Nonetheless, if the product we send to you is wrong, damaged, or has any issue on our part, you can request a refund or exchange by getting in touch with us or directly mailing us at admin@loungebyh.com.
- Customs and duties: Be aware that orders from outside of Canada may be subject to customs and duties charged by the government of your location. If this applies to you, the applicable fees are your responsibility. Customs and duties are not included in the order checkout fees.
- Title and Risk of Loss: When we successfully deliver your order with prompt confirmation and without issues, the title and risk of loss automatically pass to you. That is to say we or third parties are not responsible for any liabilities beyond that point.
You may submit user content, such as comments, testimonials, feedback, and reviews (“Submissions”) about your experience with our apparel on the Website – including private and public sections. By doing so, you grant us the irrevocable, non-exclusive, license and right to host, display, and use your Submissions on the Website, including for our marketing purposes.
We reserve the right to remove any Submissions we find to be vague, insulting, unethical, threatening, offensive, or inaccurate, or otherwise violate these Terms. Or any Submission that includes links and adverts to other services, products, or businesses not endorsed by us.
If you provide any Submissions that include an idea or suggestion about our products or operation and we implement it, we have no obligation to compensate you for your ideas or suggestions.
Reviews, testimonials, and feedback are the ideas of other users. If you purchase any of our apparel based on these, you agree that we are not liable for any dissatisfaction with the apparel purchased.
For the sake of privacy, ensure you censor the kind of personal information you include in Submissions posted in public portions of the Website.
In relation to your use of our Website, you agree to desist from the prohibited activities below:
- You may not misuse the Website, including engaging in activities that are likely to interfere with or disrupt its proper functioning. These may include, without limitation, tampering, hacking, or attempting to access sections, systems, or accounts you have no authorization to access.
- You may not engage in anything fraudulent (including submitting credit/debit cards obtained through fraud or illegal means) or attempt to deceive Lounge byH.
- You may not access any other user’s account without written permission from Lounge byH.
- You may not engage in any data extraction practices, including data mining, harvesting, scrapping, etc. to send unsolicited marketing messages or launch a similar service.
To give back to our customers, we may offer loyalty programs, such as discounts, bonuses, and promotions from time to time. If we offer any of these programs, they may come with additional terms and conditions. Such terms and conditions shall be in addition to these Terms. However, if there exists a conflict between the two agreements with respect to any loyalty program, the loyalty program terms and conditions shall apply.
These Terms may be terminated in two ways:
- When you terminate it yourself (usually by deleting your account). You can delete your account at any time you so wish by reaching out to us at admin@loungebyh.com (subject to certain exceptions and circumstances); and
- When Lounge byH deletes your account or restricts you permanently for violating these Terms or any applicable laws.
Either way, where termination occurs, these Terms shall end. However, certain provisions which by their nature are expected to remain in effect shall continue to be in effect. This may include, without limitation, the ownership of intellectual property, indemnification, and governing law.
Links and adverts that lead to third-party websites may exist on our Website from time to time. Such links and adverts are merely on the Website for information purposes and are not governed by our practices or these Terms. When you click on any links or adverts on the Website, you release Lounge byH from any liabilities thereon.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE INFORMATION PROVIDED ON THE WEBSITE, AS WELL AS OUR ENTIRE E-COMMERCE OPERATION, ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE WEBSITE AND OUR SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU HEREBY AGREE THAT YOUR ACCESS AND USE OF OUR WEBSITE AND SERVICES ARE AT YOUR SOLE RISK. WE DO NOT WARRANT THAT OUR PRODUCTS OR ANY FEATURE ON OUR WEBSITE WILL ALWAYS BE AVAILABLE, SATISFY YOUR EXPECTATIONS, BE RELIABLE, BE ACCURATE, BE ERROR-FREE, OR BE FIT FOR ANY PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE FREE FROM VIRUSES, TROJAN HORSES, BUGS, WORMS, OR ANY OTHER HARMFUL PROGRAMS INTRODUCED BY THIRD PARTIES. WE DO NOT WARRANT THAT YOUR DATA IS 100% SECURE FROM UNAUTHORIZED ACCESS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL LOUNGE BYH (INCLUDING ANY AFFILIATED INDIVIDUAL, GROUP, OR COMPANY) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, REVENUE, GOODWILL, OR ANY INTANGIBLE DAMAGES – WHETHER BASED ON TORT, CONTRACT, NEGLIGENCE, OR OTHERWISE – ARISING DUE TO YOUR ACCESS OF THE WEBSITE, PURCHASE OF OUR PRODUCTS, OR INTERACTION WITH US, INCLUDING IF WE HAVE BEEN HINTED OF THE POSSIBILITY OF SUCH DAMAGES.
NONETHELESS, IF LOUNGE BYH IS FOUND LIABLE FOR ANY DAMAGES, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE PREVIOUS THREE (3) MONTHS BEFORE YOUR CLAIM OR A SUM OF CAD $200 (WHICHEVER IS GREATER).
CERTAIN JURISDICTIONS’ LAWS, SUCH AS THE QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATION OR EXCLUSION ON IMPLIED WARRANTIES OF CERTAIN DAMAGES. IF THESE APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You hereby agree to indemnify, defend, and hold Lounge byH (including any officers, employees, agents, suppliers, and other affiliated individuals, groups, and entities) harmless from any claims, liabilities, damages, expenses, or losses, including legal fees, arising from or related to your access of the Website and purchase of products or any violation of these Terms.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.
The Terms, our entire e-commerce operation, and any disputes or disagreements resulting from them are governed by and construed in accordance with the laws of Canada without regard to conflict of law and its provisions.
You hereby agree to settle any disputes or disagreements in the courts located in Canada unless a mutual agreement is made between us in writing.
These Terms may go through updates and changes from time to time due to changes to our practices or applicable laws. The date on the Effective Date above shall represent the last date of changes. Please, endeavor to review this page from time to time to be up to date on the latest updates.
- Entire agreement: These Terms represent the entire agreement between you and Lounge byH regarding your access to our Website and purchase of our products, and they supersede all prior covenants, understandings, or covenants – whether oral or written.
- Severability: If any portion of these Terms is found to be unenforceable by a court having competent jurisdiction, such portion shall be removed and shall not affect the remaining enforceable portions.
- Waiver: No failure by Lounge byH to enforce a provision under these Terms at any point shall be deemed a waiver of our right to enforce the right later or on subsequent violations. No waiver is valid unless in writing.
- Force Majeure: If any events beyond our control, including acts of God, fire, riots, civil unrest, epidemic, and so on cause us to delay or fail to perform our obligations under these Terms, such as a delay in delivery, we shall not be liable for any losses or damages incurred therewith.
Where necessary, these Terms will be reviewed, updated, modified, or changed to meet up with current laws or growth and development in our practices. We will post such updates to this page, and we will include the date of the update on the Effective Date above. We may also inform you of updates through any portion of our Website. Please, review these Terms frequently so as not to miss any updates. Once an update occurs, your continued use of our Website after that represents your agreement with the updates.