Terms of Service

1. OVERVIEW

This website is operated by MUY LOTTA BRANDS LLC, doing business as PORT&LOTUS (“PORT&LOTUS,” “MUY LOTTA BRANDS LLC,” “we,” “us,” or “our”).

MUY LOTTA BRANDS LLC is the operator of the PORT&LOTUS website, the seller of products offered through the Site, the merchant of record, and the entity receiving or processing customer payments.

Throughout these Terms of Service, the term “Site” refers to https://www.portlotus.com, together with all associated webpages, features, applications, content, tools, and services operated by or on behalf of MUY LOTTA BRANDS LLC.

PORT&LOTUS offers this Site, including all information, products, tools, features, and services available through the Site, conditioned upon your acceptance of these Terms of Service and all other policies referenced herein.

By visiting the Site, creating an account, submitting an order, purchasing a product, or otherwise accessing or using any part of the Site, you agree to be bound by these Terms of Service.

Please read these Terms carefully before accessing or using the Site. If you do not agree to these Terms, you must not access the Site or purchase products through it.

Our store is hosted through Shopify. Shopify provides the ecommerce platform that enables MUY LOTTA BRANDS LLC to offer and sell PORT&LOTUS products.

These Terms incorporate by reference our:

• Privacy Policy;

• Shipping Policy;

• Return and Refund Policy; and

• Any additional policies, notices, or conditions displayed on the Site.

If there is a conflict between these Terms and a specific policy relating to shipping, returns, refunds, privacy, or a promotion, the more specific policy will apply to the relevant subject matter, except where prohibited by law.

2. ELIGIBILITY AND ONLINE STORE TERMS

By accessing or using the Site, you represent that:

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

• You are using the Site with the permission and supervision of a parent or legal guardian who agrees to these Terms.

You may not use the Site, our services, or our products for any unlawful, fraudulent, unauthorized, abusive, or prohibited purpose.

You may not violate any applicable local, state, federal, national, or international law in connection with your use of the Site.

You may not transmit worms, viruses, malicious code, or any other destructive technology through the Site.

A breach or violation of these Terms may result in the suspension or termination of your access to the Site, subject to applicable law.

3. GENERAL CONDITIONS

We reserve the right to refuse service, restrict access, cancel an order, suspend an account, or terminate an account where reasonably necessary, including in cases involving:

• Suspected fraud or unauthorized payment;

• Suspected commercial misuse or unauthorized resale;

• Violation of these Terms;

• Abusive, threatening, discriminatory, or unlawful conduct;

• Pricing, inventory, product-description, or technical errors;

• Security risks;

• Attempts to circumvent purchase limits;

• Use of automated purchasing systems; or

• Circumstances beyond our reasonable control.

Any refusal, restriction, suspension, or cancellation will remain subject to applicable consumer protection laws.

You understand that information you submit through the Site, other than payment card information, may be transferred over various networks and may be modified to conform to the technical requirements of connecting networks or devices.

Payment card information is encrypted during transmission by our payment service providers.

You may not reproduce, duplicate, copy, sell, resell, exploit, or commercially use any portion of the Site, our services, or Site content without prior written authorization from MUY LOTTA BRANDS LLC.

Headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

4. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We make reasonable efforts to ensure that information presented on the Site is accurate, complete, and current. However, the Site may occasionally contain typographical errors, inaccuracies, omissions, or outdated information.

Information on the Site is provided for general informational and shopping purposes. You should not rely on Site information as the sole basis for making a decision where more complete, accurate, or current information is reasonably required.

Historical information may be provided for reference only and may not reflect current products, prices, services, or business practices.

We reserve the right to:

• Correct errors or omissions;

• Update information;

• Change or remove Site content;

• Modify product descriptions;

• Update pricing or availability; and

• Make changes to the Site at any time,

subject to applicable law.

We are not obligated to update, amend, or clarify all information on the Site, except where required by law.

5. PRODUCTS AND PRODUCT REPRESENTATION

PORT&LOTUS offers handbags, accessories, and related products designed for practical, everyday use.

We make reasonable efforts to display product colors, dimensions, textures, materials, finishes, hardware, stitching, structure, capacity, and other details as accurately as possible.

However, you acknowledge that:

• Product colors may appear differently depending on your screen, browser, lighting conditions, display calibration, and device settings;

• Vegan leather grain, fabric texture, stitching, lining, hardware finish, and other material characteristics may show minor variations;

• Product dimensions and weights may vary slightly because of measurement methods, production processes, or reasonable manufacturing tolerances;

• Product appearance may change slightly depending on how a bag is filled, carried, stored, or photographed;

• Pattern placement, surface grain, stitching alignment, and hardware tone may vary slightly between individual items or production batches;

• Lifestyle and model images are intended to demonstrate styling, approximate proportion, and use and may not reproduce exact scale on every person;

• Accessories, clothing, phones, computers, water bottles, or other objects shown in product images may be for demonstration purposes and may not be included with the product; and

• Product structure may soften or change naturally through normal use.

Minor variations that do not materially affect the product’s normal function, safety, or intended use are not necessarily manufacturing defects.

Product descriptions identify materials based on information reasonably available to us at the time of publication. Customers with allergies, sensitivities, or specific material requirements should contact us before purchasing.

The phrase “vegan leather” refers to non-animal leather-alternative material unless a product description expressly states otherwise. Specific material composition may vary by product and will be described on the relevant product page where available.

Care instructions displayed on the Site or supplied with a product should be followed.

Damage caused by any of the following may not qualify as a manufacturing defect:

• Misuse;

• Overloading;

• Improper cleaning;

• Improper storage;

• Prolonged exposure to moisture or direct sunlight;

• Contact with oils, alcohol, cosmetics, perfume, ink, chemicals, or abrasive surfaces;

• Excessive pulling or pressure;

• Normal wear and tear; or

• Failure to follow product care instructions.

We reserve the right to modify or discontinue products, materials, colors, packaging, specifications, or design details at any time, provided that changes do not unlawfully affect orders already accepted.

6. PRODUCT AVAILABILITY

Products are offered subject to availability and may be sold on a first-come, first-served basis.

Placing a product in your shopping cart does not reserve that product and does not guarantee that it will remain available.

A product may sell out before you complete checkout, even if it remains visible in your shopping cart.

We may:

• Limit the quantity of products available for purchase;

• Limit purchases by customer, household, account, payment method, address, geographic region, or order;

• Discontinue a product;

• Modify a product;

• Refuse unusually large or repetitive orders;

• Restrict products from certain locations; or

• Cancel an order where inventory is unavailable.

If a product becomes unavailable after you submit an order, we may cancel the affected item and refund the amount paid for that item to the original payment method.

We do not guarantee that discontinued, limited-edition, promotional, or sold-out products will be restocked.

7. ORDERS AND ORDER ACCEPTANCE

All orders placed through the Site are submitted to and sold by MUY LOTTA BRANDS LLC, doing business as PORT&LOTUS.

Your submission of an order constitutes an offer to purchase the selected products from MUY LOTTA BRANDS LLC.

An automated order confirmation confirms that we received your order but does not necessarily mean that the order has been accepted.

An order is accepted when we:

• Confirm that the order has been approved for processing;

• Dispatch the product; or

• Otherwise expressly confirm acceptance.

Payments made through the Site are received by MUY LOTTA BRANDS LLC or processed on its behalf by an authorized payment service provider.

We reserve the right to reject, limit, or cancel an order before shipment for legitimate reasons, including:

• Product unavailability;

• Pricing errors;

• Product-description errors;

• Suspected fraud;

• Unauthorized payment;

• Payment authorization failure;

• Shipping restrictions;

• Duplicate or unusually large orders;

• Suspected unauthorized resale;

• Use of automated purchasing systems;

• Violation of these Terms; or

• Technical or operational errors.

If we cancel a paid order, MUY LOTTA BRANDS LLC will issue a refund for the cancelled amount to the original payment method, subject to the processing times of the relevant financial institution or payment provider.

Please carefully review your:

• Shipping address;

• Billing address;

• Email address;

• Telephone number;

• Product selection;

• Color;

• Size;

• Quantity; and

• Other order details

before submitting your order.

You are responsible for providing complete and accurate order information.

We are not responsible for delays, failed delivery, or additional costs caused by incorrect or incomplete information supplied by the customer, except where otherwise required by law.

Requests to change or cancel an order are not guaranteed once order processing has begun.

8. PRICES, CURRENCIES, TAXES, AND DUTIES

The Site may display product prices in multiple currencies based on your location, selected currency, browser settings, device settings, or other available Site functions.

Currency conversions shown on product pages may be estimates.

The final currency, product price, shipping charge, tax amount, and total amount payable will be displayed at checkout before you submit the order.

Currency conversion rates may be determined by:

• Shopify;

• Our payment processors;

• Banks;

• Card networks;

• Digital wallet providers; or

• Other third-party financial service providers.

PORT&LOTUS does not control all exchange rates or foreign currency conversion calculations.

Your bank, card issuer, digital wallet provider, or payment provider may charge additional fees, including:

• Foreign transaction fees;

• Currency conversion fees;

• Cross-border processing fees;

• International payment fees; or

• Other payment-related charges.

These third-party fees are the customer’s responsibility and are not charged or retained by PORT&LOTUS.

Unless expressly stated otherwise, displayed product prices do not include applicable:

• Sales tax;

• Use tax;

• Value-added tax;

• Goods and services tax;

• Customs duties;

• Import taxes;

• Brokerage charges;

• Customs clearance fees; or

• Similar governmental charges.

Customers are financially responsible for taxes, duties, customs charges, and similar governmental charges associated with their purchase, except to the extent PORT&LOTUS is legally required to collect and remit those amounts.

Where applicable law requires MUY LOTTA BRANDS LLC to collect sales tax or another transaction-based tax, the applicable amount may be calculated and added at checkout. We will collect and remit such amounts as required by law.

For international orders, customers are responsible for customs duties, import taxes, brokerage fees, clearance charges, and other destination-country charges unless checkout expressly states that those amounts are included.

Failure or refusal to pay applicable import duties, taxes, or customs charges may result in the package being:

• Delayed;

• Held by customs;

• Returned to the sender;

• Abandoned; or

• Destroyed by the carrier or customs authority.

Where permitted by law, costs incurred because a customer refuses or fails to complete customs clearance may be deducted from any refund.

Original shipping charges, customs charges, duties, taxes, and return-to-sender fees may be non-refundable, except where required by law.

PORT&LOTUS reserves the right to change product prices at any time.

Price changes will not ordinarily affect orders already accepted, except where an obvious pricing or technical error has occurred.

We do not provide retroactive price matching for differences resulting from:

• Later promotions;

• Discount codes;

• Temporary sales;

• Currency fluctuations;

• Different customer locations;

• Different selling channels;

• Changes in shipping costs; or

• Changes in taxes or customs charges.

Refunds Involving Multiple Currencies

Refunds will normally be issued through the original payment method and in the original transaction currency or transaction amount processed by our payment provider.

Because exchange rates may change between the purchase date and refund date, the amount appearing in your local currency may differ from the amount originally shown on your bank, card, or payment account statement.

To the extent permitted by law, PORT&LOTUS is not responsible for differences caused solely by:

• Exchange-rate fluctuations;

• Foreign transaction fees;

• Bank fees;

• Card issuer charges; or

• Payment-provider conversion methods.

9. PAYMENT TERMS

We accept the payment methods displayed at checkout.

Available payment methods may vary depending on your:

• Country;

• Billing address;

• Device;

• Order value;

• Currency; or

• Payment provider.

By submitting payment information, you represent and warrant that:

• The information provided is true, complete, and accurate;

• You are authorized to use the selected payment method;

• Sufficient funds or credit are available; and

• All charges incurred in connection with your order will be honored.

Payment may be authorized or charged when your order is submitted or processed, depending on the selected payment method and payment provider.

We may use third-party payment processors. We do not directly control their:

• Authorization procedures;

• Security checks;

• Processing times;

• Temporary holds;

• Currency conversions;

• Reversals;

• Chargeback procedures; or

• Refund posting times.

We reserve the right to perform or request:

• Identity verification;

• Billing-address verification;

• Shipping-address verification;

• Fraud screening;

• Payment confirmation; or

• Additional supporting information

before accepting or shipping an order.

If payment cannot be authorized, verified, or completed, we may refuse or cancel the order.

You agree not to initiate an improper or fraudulent chargeback.

Nothing in this section limits your right to dispute an unauthorized or incorrect transaction through your payment provider in accordance with applicable law.

10. SHIPPING AND DELIVERY

Shipping methods, order-processing estimates, delivery estimates, available destinations, and applicable charges are described in our Shipping Policy and displayed at checkout where applicable.

Unless expressly stated otherwise, estimated processing and delivery dates are estimates and are not guaranteed arrival dates.

Delivery times may be affected by:

• Carrier delays;

• Customs processing;

• Severe weather;

• Public holidays;

• Transportation disruption;

• Address errors;

• Security inspections;

• Inventory transfers;

• Peak shopping periods;

• Force majeure events; or

• Other circumstances outside our reasonable control.

If we determine that we cannot ship an order within the time stated at checkout, in our Shipping Policy, or otherwise communicated to you, we will take the steps required by applicable law.

These steps may include:

• Informing you of the delay;

• Providing a revised shipping estimate;

• Requesting your agreement to continue with the delayed order; or

• Allowing you to cancel the unshipped portion of the order for a refund.

We are not responsible for delay-related indirect losses, missed occasions, lost profits, or other consequential damages, except where liability cannot lawfully be excluded.

You are responsible for ensuring that someone can receive the package where signature or personal delivery is required.

To the extent permitted by law, risk of loss passes to you when the order is delivered to the shipping address provided during checkout.

Where tracking information states that a package has been delivered but you cannot locate it, you should promptly:

• Confirm the shipping address;

• Check the delivery location;

• Check with household members, neighbors, building staff, reception, or mailroom personnel;

• Review the carrier’s delivery confirmation; and

• Contact the carrier and PORT&LOTUS.

We may request supporting information when investigating:

• Lost packages;

• Missing items;

• Damaged packages;

• Incorrect delivery;

• Suspected theft; or

• Delivery disputes.

Such information may include photographs, carrier reports, written declarations, identification confirmation, or other reasonable evidence.

Additional shipping terms are provided in our Shipping Policy.

11. RETURNS, REFUNDS, AND EXCHANGES

Returns, refunds, exchanges, damaged-item claims, incorrect-item claims, and order-cancellation requests are governed by our Return and Refund Policy.

Before purchasing, please review that policy for information concerning:

• The applicable return period;

• Product-condition requirements;

• Original packaging and tags;

• Return authorization procedures;

• Return shipping costs;

• Original shipping charges;

• Final-sale or non-returnable products;

• Damaged, defective, or incorrect products;

• Refund processing times; and

• Exchange availability.

Products returned without authorization, outside the applicable return period, or in a used, damaged, altered, incomplete, contaminated, or otherwise ineligible condition may be refused or may qualify only for a reduced refund, where permitted by law.

Where a returned item shows signs of use beyond what is reasonably necessary to inspect the product, we may deduct an amount reflecting the reduction in value, where permitted by law.

Refunds will generally be issued to the original payment method.

The time required for a refund to appear in your account depends on the payment provider, bank, card issuer, or financial institution.

Nothing in these Terms or our Return and Refund Policy limits any non-waivable rights or remedies available under applicable consumer protection law.

12. PROMOTIONS, DISCOUNTS, AND SPECIAL OFFERS

Promotions, discount codes, gifts with purchase, free-shipping offers, loyalty benefits, referral offers, and other special offers may be subject to separate conditions.

Unless otherwise stated:

• Offers cannot be combined;

• Offers have no cash value;

• Offers cannot be applied retroactively;

• Only one discount code may be used per order;

• Offers may be limited by product, collection, customer, country, location, quantity, or time;

• Discount codes may expire;

• Returns may reduce or eliminate promotional eligibility; and

• Promotional gifts may need to be returned if the qualifying product or order is returned.

We may modify, suspend, or end a promotion where permitted by law.

We may reject, cancel, or reverse use of a discount code obtained or used through:

• Fraud;

• Technical error;

• Unauthorized distribution;

• Code manipulation;

• Multiple-account abuse;

• Automated activity; or

• Other misuse.

Where a promotion conflicts with these Terms, the promotion’s specific conditions will control for that promotion.

13. CUSTOMER ACCOUNTS AND ACCOUNT SECURITY

The Site may allow you to create a customer account.

You are responsible for:

• Maintaining the confidentiality of your login credentials;

• Providing accurate account information;

• Updating your information when it changes;

• Restricting access to your account and device;

• Reviewing activity associated with your account; and

• Notifying us promptly of suspected unauthorized access.

You may not create an account using:

• False information;

• Another person’s identity without authorization;

• Misleading contact details; or

• Information intended to evade purchase restrictions or account enforcement.

You are responsible for activity conducted through your account to the extent permitted by law.

We may suspend, restrict, or close an account where we reasonably believe it:

• Has been compromised;

• Is being used fraudulently;

• Is being used for unauthorized resale;

• Violates these Terms; or

• Creates a security or legal risk.

Account closure does not automatically cancel an order already accepted or remove payment obligations already incurred.

14. INTELLECTUAL PROPERTY

PORT&LOTUS is a brand owned, operated, licensed, or lawfully used by MUY LOTTA BRANDS LLC.

Unless otherwise stated, all intellectual property appearing on or associated with the Site, including:

• The PORT&LOTUS name;

• Brand names;

• Trademarks;

• Logos;

• Slogans;

• Product names;

• Product designs;

• Design elements;

• Product photographs;

• Videos;

• Graphics;

• Illustrations;

• Text;

• Packaging designs;

• Website layouts;

• Icons;

• Page presentation;

• Trade dress;

• Advertising materials; and

• Other original content,

is owned by, licensed to, or lawfully used by MUY LOTTA BRANDS LLC.

Such intellectual property is protected by applicable copyright, trademark, design, trade dress, unfair competition, and other intellectual property laws.

No ownership right or license is transferred to you merely because you access the Site or purchase a PORT&LOTUS product.

Except where expressly permitted in writing by MUY LOTTA BRANDS LLC, you may not:

• Copy, reproduce, republish, distribute, or commercially use Site content;

• Use PORT&LOTUS product photographs or videos to advertise or sell products;

• Use the PORT&LOTUS name, logos, slogans, or trademarks without authorization;

• Create, manufacture, market, or sell counterfeit, unauthorized, or confusingly similar products;

• Copy or commercially exploit PORT&LOTUS product designs;

• Remove copyright, trademark, or ownership notices;

• Create commercial derivative works from Site materials;

• Register any trademark, business name, domain name, social media account, marketplace account, or advertising keyword that incorporates or imitates PORT&LOTUS branding;

• Suggest that you are affiliated with, sponsored by, endorsed by, or authorized by PORT&LOTUS or MUY LOTTA BRANDS LLC when no such relationship exists;

• Scrape, harvest, download, or systematically collect Site content through automated means; or

• Use Site content, product images, text, or designs to train, develop, test, or improve a commercial artificial intelligence system without prior written authorization.

Limited Site content may be downloaded or printed solely for personal and non-commercial use, provided that:

• The content is not modified;

• It is not republished;

• It is not used to sell or advertise products; and

• All ownership notices remain intact.

Any unauthorized use of PORT&LOTUS or MUY LOTTA BRANDS LLC intellectual property may result in:

• Account suspension;

• Order cancellation where legally permitted;

• Infringement notices;

• Marketplace or platform complaints;

• Takedown requests;

• Claims for damages; or

• Other legal action.

15. CUSTOMER REVIEWS, FEEDBACK, AND USER CONTENT

The Site may allow you to submit reviews, photographs, videos, comments, feedback, suggestions, questions, or other content (“User Content”).

You retain ownership of your original User Content.

By submitting User Content to us or tagging, mentioning, or directly providing PORT&LOTUS with content for potential brand use, you grant MUY LOTTA BRANDS LLC a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to:

• Use;

• Reproduce;

• Edit;

• Adapt;

• Translate;

• Publish;

• Display;

• Distribute;

• Store; and

• Promote

that User Content in connection with our business, products, Site, advertising, social media, customer communications, and marketing, subject to applicable law and our Privacy Policy.

You represent and warrant that:

• You own or have permission to submit the User Content;

• The User Content is accurate and based on genuine experience where represented as a product review;

• The User Content does not infringe intellectual property, privacy, publicity, contractual, or other rights;

• The User Content does not contain unlawful, defamatory, discriminatory, threatening, obscene, or deceptive material;

• The User Content does not contain malware, unauthorized advertising, or fraudulent links; and

• Any individual identifiable in the User Content has consented to the submission and permitted use of that content.

We may moderate, reject, edit, restrict, or remove User Content where reasonably necessary, but we are not obligated to monitor every submission.

We are not obligated to keep User Content confidential unless we expressly agree otherwise in writing.

We may use feedback or suggestions without payment or other obligation to you, provided that doing so does not violate applicable law.

16. PROHIBITED USES

You may not use the Site or its content to:

• Violate any applicable law;

• Infringe intellectual property, privacy, publicity, contractual, or other rights;

• Submit false, deceptive, incomplete, or misleading information;

• Impersonate another person or entity;

• Commit fraud or attempt unauthorized transactions;

• Transmit malware, viruses, spyware, or harmful code;

• Harvest personal information without authorization;

• Send spam or unauthorized solicitations;

• Circumvent Site security or access restrictions;

• Probe, scan, or test Site vulnerabilities;

• Interfere with Site operation or another person’s use of the Site;

• Gain unauthorized access to any account, server, database, system, or network;

• Use bots, scrapers, crawlers, purchasing software, or similar systems in a manner that places an unreasonable load on the Site or bypasses purchase limits;

• Reverse engineer Site software or functionality, except where such restriction is prohibited by law;

• Manipulate reviews, ratings, referral programs, promotions, or Site content;

• Purchase products for unauthorized commercial resale;

• Copy or commercially exploit product designs, images, descriptions, or branding;

• Conceal or manipulate the origin of communications sent through the Site;

• Upload content that is unlawful, threatening, defamatory, discriminatory, abusive, obscene, or otherwise harmful; or

• Use the Site for any other harmful, abusive, fraudulent, or unlawful purpose.

We may investigate suspected prohibited activity and may cooperate with payment providers, carriers, marketplaces, service providers, law enforcement, regulators, or other authorized parties where reasonably necessary and legally permitted.

17. THIRD-PARTY TOOLS, SERVICES, AND LINKS

The Site may include or rely upon tools, integrations, payment services, analytics services, social media features, shipping services, customer-review platforms, links, or content provided by third parties.

We do not control all third-party services and do not guarantee their:

• Availability;

• Accuracy;

• Security;

• Performance;

• Suitability;

• Continuity; or

• Compliance with your particular requirements.

Your use of third-party services may be governed by separate terms, policies, and privacy notices issued by those third parties.

Third-party links are provided for convenience and do not necessarily constitute endorsement, sponsorship, or approval.

You access third-party websites and services at your own discretion.

To the extent permitted by law, PORT&LOTUS is not responsible for loss or damage caused solely by your independent use of a third-party website or service.

Complaints concerning a third-party product, service, payment method, or website should also be directed to the relevant third party.

18. PRIVACY AND PERSONAL INFORMATION

Our collection, use, storage, transfer, disclosure, and protection of personal information are described in our Privacy Policy.

By using the Site, you acknowledge that your personal information may be processed as described in that policy.

Personal information may include information such as:

• Name;

• Email address;

• Telephone number;

• Billing address;

• Shipping address;

• Order information;

• Payment-related information;

• Device information;

• Browser information; and

• Site-use information.

Payment card information may be processed directly by our authorized payment providers rather than stored directly by PORT&LOTUS.

Our Privacy Policy is maintained separately so that privacy disclosures can be presented clearly and updated when required.

Marketing emails and text messages, where offered, are subject to the consent, subscription, and opt-out terms displayed when you subscribe.

You may unsubscribe from marketing emails using the unsubscribe function contained in the relevant message.

Transactional messages relating to orders, payments, shipping, returns, security, or account administration may still be sent where necessary.

19. ERRORS, INACCURACIES, AND OMISSIONS

The Site may contain errors, inaccuracies, or omissions relating to:

• Product descriptions;

• Product images;

• Materials;

• Dimensions;

• Capacity;

• Prices;

• Promotions;

• Discounts;

• Availability;

• Shipping charges;

• Transit estimates;

• Taxes;

• Currency conversions; or

• Other information.

We reserve the right to correct errors, update information, or cancel an affected order where permitted by law.

If we identify an obvious pricing or product-information error after an order is submitted, we may:

• Contact you for instructions;

• Offer the corrected product or price;

• Cancel the affected item; or

• Cancel the order.

If we cancel a paid order because of an error, we will refund the cancelled amount to the original payment method.

We are not obligated to honor an obviously incorrect price where the customer knew or reasonably should have known that the price resulted from an error, subject to applicable law.

20. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Site and its content are provided on an “as is” and “as available” basis.

We do not guarantee that:

• The Site will always be uninterrupted;

• The Site will always be secure;

• The Site will always be error-free;

• All defects will be corrected immediately;

• The Site will be free from viruses or harmful components;

• Information on the Site will always be complete, accurate, or current; or

• Your use of the Site will produce a particular result.

To the fullest extent permitted by law, we disclaim warranties that may otherwise arise by implication, including implied warranties of:

• Merchantability;

• Fitness for a particular purpose;

• Title;

• Non-infringement; and

• Quiet enjoyment.

However, some jurisdictions do not permit the exclusion of certain warranties.

Nothing in these Terms excludes, limits, or modifies any warranty, consumer guarantee, remedy, or other legal right that cannot lawfully be excluded or limited.

Any express product warranty provided by PORT&LOTUS will be governed by the terms of that specific warranty.

21. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, MUY LOTTA BRANDS LLC, PORT&LOTUS, and their owners, directors, officers, employees, affiliates, contractors, suppliers, service providers, licensors, and agents will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising out of or relating to:

• Your use of or inability to use the Site;

• Your purchase or use of a product;

• Loss of data;

• Loss of revenue;

• Loss of profit;

• Loss of business opportunity;

• Business interruption;

• Third-party conduct;

• Unauthorized account access;

• Site errors;

• Service interruption;

• Shipping delay; or

• Circumstances beyond our reasonable control.

Where liability cannot lawfully be excluded, our liability will be limited only to the maximum extent permitted by applicable law.

To the fullest extent permitted by law, our aggregate liability arising from a particular order or transaction will not exceed the amount actually paid to PORT&LOTUS for the product giving rise to the claim.

This monetary limitation does not apply where such a limitation is prohibited by law.

Nothing in these Terms excludes or limits liability for:

• Fraud or fraudulent misrepresentation;

• Willful misconduct;

• Gross negligence where it cannot lawfully be limited;

• Death or personal injury where exclusion is prohibited;

• Breach of non-waivable consumer rights; or

• Any other liability that cannot legally be excluded or limited.

In jurisdictions that do not allow certain exclusions or limitations, the relevant exclusion or limitation will apply only to the fullest extent permitted by law.

22. INDEMNIFICATION

To the extent permitted by law, you agree to indemnify, defend, and hold harmless MUY LOTTA BRANDS LLC, PORT&LOTUS, and their affiliates, owners, directors, officers, employees, contractors, agents, licensors, suppliers, and service providers from third-party claims, losses, liabilities, damages, and reasonable legal expenses arising from:

• Your unlawful use of the Site;

• Your material violation of these Terms;

• Your infringement of another person’s intellectual property, privacy, publicity, or other rights;

• User Content submitted by you;

• Fraudulent or unauthorized conduct attributable to you; or

• Your misuse of a product.

This indemnification obligation does not apply to the extent a claim results from our own negligence, unlawful conduct, willful misconduct, or breach of these Terms.

We reserve the right to assume control of the defense of a claim covered by this section, and you agree to provide reasonable cooperation.

23. SUSPENSION AND TERMINATION

We may suspend or terminate your access to the Site if we reasonably determine that you have:

• Materially violated these Terms;

• Engaged in fraud or unlawful activity;

• Threatened Site security;

• Abused our employees, contractors, service providers, or customers;

• Infringed intellectual property rights;

• Misused promotions or payment systems;

• Used an account for unauthorized resale; or

• Created material risk or liability for PORT&LOTUS or another person.

Where appropriate and legally required, we may provide notice or an opportunity to correct the violation.

You may stop using the Site at any time.

Termination does not affect rights or obligations that arose before termination.

Sections concerning:

• Payments;

• Intellectual property;

• User Content;

• Disclaimers;

• Liability;

• Indemnification;

• Dispute resolution; and

• Other provisions that by their nature should survive

will remain effective after termination.

24. FORCE MAJEURE

MUY LOTTA BRANDS LLC and PORT&LOTUS will not be responsible for delay or failure caused by circumstances beyond our reasonable control, including:

• Natural disasters;

• Severe weather;

• Fire;

• Flood;

• Earthquake;

• Epidemic or public health emergency;

• War;

• Terrorism;

• Civil unrest;

• Government action;

• Trade restrictions;

• Sanctions;

• Labor disruption;

• Transportation interruption;

• Carrier interruption;

• Port congestion;

• Customs delays;

• Utility outages;

• Internet outages;

• Cyberattacks;

• Supplier disruption;

• Manufacturing disruption; or

• Other comparable events.

Where such an event affects an order, we may:

• Delay performance;

• Use an alternative carrier or fulfillment route;

• Partially fulfill the order;

• Contact you with revised information; or

• Cancel and refund the affected portion.

This provision does not remove any refund, cancellation, or consumer rights that applicable law requires us to provide.

25. SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law.

Where necessary, the provision will be modified or severed while preserving its intended purpose as closely as legally possible.

The remaining provisions will continue in full force and effect.

26. NO WAIVER

Our failure or delay in enforcing any provision of these Terms does not constitute a waiver of that provision or any other right.

A waiver relating to one event does not constitute a waiver relating to a later event.

Any waiver by MUY LOTTA BRANDS LLC must be express and in writing to be effective.

27. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

MUY LOTTA BRANDS LLC may assign or transfer these Terms in connection with:

• A merger;

• An acquisition;

• A corporate reorganization;

• A sale of assets;

• A transfer of the PORT&LOTUS business;

• A change of control; or

• A transfer to an affiliate,

subject to applicable law.

28. ENTIRE AGREEMENT

These Terms, together with the policies and notices incorporated by reference, constitute the entire agreement between you and MUY LOTTA BRANDS LLC concerning your use of the Site and purchases made through it.

They supersede prior or contemporaneous communications relating to the same subject matter, except for any separate written agreement signed by an authorized representative of MUY LOTTA BRANDS LLC.

Any ambiguity in the interpretation of these Terms will not automatically be interpreted against the drafting party.

29. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes in:

• Our operations;

• Products;

• Services;

• Site functionality;

• Payment arrangements;

• Shipping arrangements;

• Business practices;

• Applicable laws; or

• Regulatory requirements.

The current version will be posted on this page.

Changes will take effect when posted unless a later effective date is stated or applicable law requires additional notice.

Your continued use of the Site after revised Terms take effect constitutes acceptance of those changes, to the extent permitted by law.

Material changes will not retroactively reduce rights that have already arisen from an accepted order unless permitted by law.

You are responsible for reviewing the current version of these Terms before making a purchase.

30. GOVERNING LAW AND DISPUTE RESOLUTION

30.1 Informal Dispute Resolution

Before initiating arbitration or formal legal proceedings, you and MUY LOTTA BRANDS LLC, doing business as PORT&LOTUS, agree to attempt to resolve the dispute informally and in good faith.

The party raising the dispute must send a written notice containing:

• The customer’s full name;

• The relevant order number;

• The email address used for the order;

• A clear description of the dispute;

• Relevant supporting documents, photographs, or other evidence; and

• The specific resolution requested.

Customer dispute notices must be sent to:

[CUSTOMER SERVICE EMAIL TO BE ADDED]

PORT&LOTUS may send dispute notices to the email address associated with the customer’s order or account.

The parties will have at least thirty days after receipt of a complete dispute notice to attempt to resolve the matter through:

• Email;

• Telephone;

• Video conference; or

• Another mutually agreed remote method.

Neither party may begin arbitration until this thirty-day informal resolution period has expired, except where emergency or injunctive relief is reasonably necessary.

30.2 Governing Law

These Terms and any dispute arising out of or relating to:

• The Site;

• An order;

• A payment;

• A PORT&LOTUS product;

• Pricing or promotions;

• Shipping or delivery;

• Returns or refunds;

• Marketing communications; or

• The relationship between the customer and MUY LOTTA BRANDS LLC

will be governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws principles.

The United States Federal Arbitration Act will govern the interpretation, enforcement, and application of the arbitration provisions contained in this section where applicable.

Nothing in these Terms deprives a consumer of non-waivable rights or remedies available under applicable consumer protection law.

30.3 Binding Individual Arbitration

If a dispute is not resolved through the informal resolution process, the dispute will, to the fullest extent permitted by applicable law, be resolved through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect.

The arbitration will be conducted between the individual customer and MUY LOTTA BRANDS LLC, doing business as PORT&LOTUS.

The arbitration agreement applies to claims arising out of or relating to:

• Orders and payments;

• Products and product descriptions;

• Pricing and promotions;

• Shipping and delivery;

• Returns and refunds;

• Product warranties;

• Website access or operation;

• Customer accounts;

• Marketing communications;

• Privacy-related matters where arbitration is legally permitted; and

• Any other dispute arising from the customer’s relationship with PORT&LOTUS or MUY LOTTA BRANDS LLC.

The arbitrator may award any individual remedy that would otherwise be available in a court of competent jurisdiction, subject to applicable law and these Terms.

30.4 Remote Arbitration Proceedings

Because MUY LOTTA BRANDS LLC conducts international ecommerce operations, the parties agree that arbitration should ordinarily be conducted remotely.

Unless otherwise required by applicable law or determined necessary by the arbitrator, arbitration may be conducted through:

• Video conference;

• Telephone conference;

• Secure electronic communication;

• Written submissions;

• Document-only review; or

• A combination of these methods.

The parties agree that physical attendance at a hearing location should not ordinarily be required.

If the parties disagree concerning the format of the arbitration, the arbitrator will determine the appropriate format under the applicable AAA rules and the requirements of procedural fairness.

The legal place or seat of arbitration will be:

Fremont County, Wyoming, United States

Designation of Fremont County, Wyoming as the legal seat of arbitration does not by itself require either party to attend proceedings in person.

30.5 Arbitration Fees

Arbitration filing fees, administrative fees, and arbitrator compensation will be allocated in accordance with the applicable AAA Consumer Arbitration Rules and applicable law.

MUY LOTTA BRANDS LLC will pay administrative fees and arbitrator compensation that the applicable AAA rules require a business to pay.

A consumer will not be required to pay arbitration fees greater than those permitted under the applicable AAA consumer fee schedule.

Each party will ordinarily be responsible for its own attorneys’ fees and expenses unless:

• Applicable law provides otherwise;

• The arbitrator awards such fees under applicable law; or

• The parties agree otherwise in writing.

30.6 Small Claims Court

Notwithstanding the arbitration provisions above, either party may bring an eligible individual claim in a small claims court of competent jurisdiction.

The claim must remain an individual small claims matter and must not be transferred, consolidated, or converted into a representative, collective, or class proceeding.

Where permitted by the applicable court, MUY LOTTA BRANDS LLC may:

• Appear through authorized legal counsel; and

• Request to participate remotely.

30.7 Emergency and Intellectual Property Relief

Nothing in this section prevents MUY LOTTA BRANDS LLC or a customer from seeking temporary, preliminary, emergency, or injunctive relief from a court of competent jurisdiction where reasonably necessary to:

• Prevent actual or threatened intellectual property infringement;

• Prevent fraud or unauthorized payment activity;

• Protect confidential information;

• Prevent unauthorized access to computer systems;

• Preserve evidence; or

• Prevent immediate and irreparable harm.

Seeking such limited relief does not waive the obligation to arbitrate the underlying dispute where arbitration is otherwise required.

30.8 Court Jurisdiction

Court proceedings relating solely to:

• Compelling arbitration;

• Recognizing, confirming, or enforcing an arbitration award;

• Challenging an arbitration award where legally permitted;

• Intellectual property infringement;

• Fraud;

• Cybersecurity threats; or

• Emergency or injunctive relief

may be brought in:

• A state court of competent jurisdiction located in Fremont County, Wyoming; or

• The United States District Court for the District of Wyoming, where federal jurisdiction exists.

Each party consents to the jurisdiction of those courts for the limited purposes described above.

MUY LOTTA BRANDS LLC may participate through authorized legal counsel and may request remote attendance where permitted by the relevant court.

30.9 Individual Proceedings and Class Action Waiver

To the fullest extent permitted by applicable law, disputes subject to arbitration must be brought on an individual basis.

Neither party may bring or participate in arbitration as:

• A class action;

• A collective action;

• A consolidated action involving unrelated claimants;

• A private attorney general action; or

• Any other representative proceeding.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that individual party’s claim.

If applicable law does not permit enforcement of this limitation for a particular claim or remedy, that claim or remedy will be handled as required by applicable law.

30.10 Consumer and Regulatory Rights

Nothing in this dispute resolution section is intended to:

• Prevent a consumer from contacting a governmental or regulatory authority;

• Prevent a consumer from filing a complaint with a consumer protection agency;

• Prevent cooperation with a lawful governmental investigation;

• Waive rights that cannot legally be waived;

• Limit remedies that cannot legally be limited; or

• Require arbitration where applicable law prohibits mandatory arbitration of the particular claim.

30.11 Severability of Arbitration Terms

If any part of this dispute resolution section is determined to be unlawful or unenforceable, that provision will be enforced to the maximum extent permitted or severed where necessary.

The remaining provisions will continue in effect unless the invalid provision is essential to the arbitration agreement and applicable law requires the entire arbitration agreement to be invalidated.

31. RIGHTS OF CONSUMERS

Nothing in these Terms is intended to waive, exclude, or restrict a consumer right that cannot lawfully be waived, excluded, or restricted.

Customers may have additional rights depending on:

• Their state;

• Province;

• Territory;

• Country of residence; or

• Delivery destination.

Where a provision of these Terms conflicts with a mandatory consumer protection requirement, the mandatory legal requirement will control.

The availability of a remedy under these Terms does not eliminate another remedy that applicable law requires us to provide.

32. CONTACT INFORMATION

Questions concerning these Terms, an order, payment, product, return, refund, delivery, or dispute should be directed to:

PORT&LOTUS