General

Designs by Lolita, Inc. (“Lolita”) sells its popular line of hand painted glassware, tableware and related gift items, designed to help you celebrate every moment, through this website. Access to and use of this website, the information offered through this website, and any products purchased though this website, are governed by these Terms of Use (the “Agreement”). By accessing or using this website or purchasing any products, you consent to be bound by this Agreement and acknowledge your consent to abide by its terms. If you do not agree to be bound by this Agreement, you may not use the website or place an order through this website.

Lolita’s Proprietary Rights

All content, graphics, code, and software used on or incorporated into this website, and the arrangement or integration of all such content, graphics, code, and software, is subject to copyrights and other proprietary intellectual property rights held by Lolita. Lolita grants you permission to electronically copy and print hard copies of pages from this website solely for your own personal, non-commercial purposes related to the placement of an order or shopping with Lolita. Otherwise, except for information for which you have obtained express and written authorization from Lolita, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Any other use of this website or content or information contained in this website is strictly prohibited, unless you first obtain the written permission of Lolita.

LOLITA and WHAT IS YOUR MOMENT? are the exclusive properties of Lolita and its licensors and are registered with the United States Patent and Trademark Office and may be registered or pending registration in other countries.  All other Lolita trademarks, service marks and logos are also the exclusive properties of Lolita and its licensors and may be registered or pending registration in the U.S. or in other countries.  The absence of a mark from being specifically listed in this Agreement does not (i) constitute a waiver of any intellectual property rights that Lolita or its licensors have established in its marks or (ii) mean that Lolita or its licensors are not the owners of such marks. 
By posting any comments or information requests through the Lolita website, you automatically grant to us a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, and irrevocable right to copy, distribute, create derivative works of, publicly perform, and display such content. Please note that our use of your personal information is governed by our Privacy Policy

Error Correction

Though Lolita uses reasonable efforts to ensure otherwise, this website may contain typographical errors or other inaccuracies and may not be complete or current. Lolita reserves the right to correct any errors, inaccuracies, or omissions, including the right to correct errors when an order has been submitted, and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience this may cause.

Third Party Links

This website provides links to third party websites, including social media websites such as Facebook® and Twitter®, and other websites with content we believe may interest our customers.  Please note that you use these third party websites at your own risk.  Lolita has no control over the content or operations of these third party websites and shall have no responsibility for and disclaims all liability related to your interactions with any third party websites you access through links on Lolita’s website.

Disclaimer of Warranties and Limitation of Liability

Lolita provides this website, its contents, and all products, services, and information provided herein on an “as is” basis. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND ANY PRODUCT PURCHASED BY YOU FROM THIS WEBSITE OR OTHERWISE RECEIVED FROM LOLITA IS AT YOUR SOLE RISK. WITH RESPECT TO THIS WEBSITE, THE INFORMATION PROVIDED ON THIS WEBSITE, AND THE PRODUCTS SOLD THROUGH THIS WEBSITE, LOLITA EXPRESSLY DISCLAIMS WARRANTIES OF EVERY KIND, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, QUIET ENJOYMENT, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

LOLITA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LOLITA, ITS EMPLOYEES, AFFILIATES OR ANY OTHER PARTIES INVOLVED IN CREATING, DELIVERING, PROMOTING, OR SELLING THE WEBSITE OR THE SERVICES SOLD THROUGH THE WEBSITE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE INFORMATION OR FUNCTIONS OF THIS SITE, EVEN IF LOLITA OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; or (2) THE USE OR MISUSE OF A PRODUCT PURCHASED THROUGH THIS WEBSITE.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. IN NO EVENT SHALL LOLITA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PRODUCTS PURCHASED THROUGH THIS WEBSITE.

Terms of Purchase

All goods purchased from Lolita are F.O.B. our warehouse. Title to the goods passes to you at the time of delivery by the warehouse to a common carrier. Re-routing fees may apply when a shipment of product has to be re-routed due to an incorrect address provided in the original order. products may be returned or exchanged within thirty (30) days of purchase.  Please refer to our Return Policy below for more detailed information.

In no event will returns or exchanges be provided more than thirty (30) days after the purchase date. Lolita provides refunds through credit cards only; no refunds will be provided through cash or checks.

On International shipments, some countries may have custom delays or additional tax, custom or duty charges. It is buyer’s responsibility to pay them upon receipt of merchandise. We are not responsible for any International shipping delays or custom charges that may be assessed.Buyers who have packages returned by customs will be eligible for a refund of product costs only, minus restocking and all shipping fees.

Choice of Law, Waiver, and Claims

This Agreement shall be governed by the laws of the State of Rhode Island without regard to its conflict of law provisions. Moreover, by purchasing goods from Lolita, you agree that the offer and sale of those goods takes place in, and will be governed by the laws of, the State of Rhode Island. You also agree that any legal or equitable claim arising from your purchase must be brought in the state or federal courts located in Providence County, Rhode Island, and you consent to the exclusive jurisdiction of and venue in such courts. Lolita’s failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in this provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or products purchased through this website must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Arbitration

Any controversy or claim arising out of or relating to this Agreement or use of the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Savannah, Georgia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party to this Agreement may seek any interim or preliminary relief from a court of competent jurisdiction in Savannah, Georgia, as necessary to protect its rights or property.

Notice

You may direct any questions concerning this Agreement or notices required by this Agreement to:

Designs By Lolita, Inc.
161 Exchange St, #3
Pawtucket, RI  02860
Tel: 1-877-566-0999
E-mail: info@designsbylolita.com

Whole Agreement and Amendment

This Agreement constitutes the entire agreement between you and Lolita with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Lolita may amend or modify this Agreement at any time by posting the new terms on its website. This Agreement may not be otherwise amended except in a written document signed by you and Lolita.

This agreement was last revised on September 1, 2012.

 Privacy Policy

Return Policy

At Designs by Lolita, we stand behind the quality of our products and will make things right if you are not satisfied with your purchase. We believe that we can work together with our customers to make every purchase a positive experience. Our shipments are carefully inspected before leaving our warehouse, but in the event you are not satisfied with your purchase, simply follow the instructions below.

We will accept merchandise returns of non-sale items within 30 days of customer receipt. All Sale or Clearance merchandise is Final Sale and will not be eligible for return or exchange. All returns must be accompanied by original Receipt, Packing Slip or Invoice.

Depending on the nature of the return/exchange and the presence of the original Receipt, Packing Slip and/or Invoice we will issue an appropriate credit or refund in one of the following ways:

If accompanied by the original Sales Receipt, Invoice or Packing Slip, the item’s purchase price will be refunded in the Original Form of Tender.

If an original Sales Receipt, Invoice or Packing Slip is not present, the item’s current retail price or original purchase price, whichever amount is lower, will be refunded in the form of credit on your next purchase at www.designsbylolita.com

If your glassware arrived broken or your shipment arrived damaged in any way, please contact us at 877.566.0999 immediately.   Designs by Lolita must be notified in advance of all products damaged in transit.

If your order is damaged when you receive it, you must contact us within three (3) business days, please contact Customer Service at 877.566.0999 to receive a Refund Authorization. Moreover, you must save all packing materials in the event the carrier, (UPS), requires an inspection of those materials before providing reimbursement.

Please mail your returns to:
Designs by Lolita/GMI
Attn: Returns
305 Churchill Avenue
Somerset, NJ 08873

When available please ship Designs by Lolita merchandise back in its original shipping materials. Designs by Lolita will not be responsible for items damaged during the return process. If your item arrived damaged, please call us at 877.566.0999 before returning your item to us. Additional shipping costs may apply to merchandise exchange orders.