1. Our Products

The Lotus Group distributes foodservice, food packaging, janitorial, disposable, and related products, including products made from molded fiber, bagasse, paper, PLA, CPLA, conventional plastics, recycled materials, renewable materials, and other materials.

Products may be manufactured by third parties and sold under manufacturer brands, distributor brands, private labels, or other trademarks.

Not every product offered by The Lotus Group has the same material composition, environmental characteristics, certifications, performance characteristics, or disposal requirements.

2. Product Information and Specifications

We make reasonable efforts to provide accurate product information, including product descriptions, photographs, dimensions, capacities, colors, materials, case quantities, pack configurations, compatibility information, performance characteristics, and certifications.

Product photographs are illustrative. Actual products may vary in color, shade, texture, dimensions, appearance, packaging, markings, or other characteristics as a result of normal manufacturing variation, supplier changes, product improvements, photography, monitor settings, or other factors.

Dimensions, weights, capacities, case counts, temperature ranges, and other specifications may be subject to reasonable commercial and manufacturing tolerances unless expressly guaranteed by us in writing.

Manufacturer part numbers, specifications, certificates, technical documents, and other information supplied by manufacturers or third parties may change without prior notice.

If a particular specification is material to your intended use, you should confirm the specification with us before placing your order.

3. Product Suitability

Customers are responsible for determining whether a product is suitable for their particular application.

Product performance may vary depending on factors including food type, temperature, duration of contact, grease or oil content, storage conditions, transportation conditions, microwave use, freezer use, sealing method, equipment compatibility, lid compatibility, and customer handling.

Statements such as microwave safe, freezer safe, heat resistant, leak resistant, grease resistant, cut resistant, or similar performance descriptions apply only where expressly stated for the applicable product and are subject to the manufacturer's specifications and intended-use conditions.

For applications where product fit, performance, temperature resistance, equipment compatibility, or other characteristics are critical, customers should obtain samples and conduct appropriate testing before purchasing production or commercial quantities.

Purchase of a sample does not guarantee that every subsequent production lot will be identical in appearance or dimensions, subject to normal manufacturing tolerances.

4. Environmental and Sustainability Claims

The Lotus Group offers products having different environmental attributes. Environmental representations apply only to the specific product or SKU for which the applicable representation is expressly made.

Terms such as "compostable," "commercially compostable," "recyclable," "recycled content," "renewable," "plant-based," "biobased," "PFAS-free," "made without intentionally added PFAS," "BPI Certified," "CMA Accepted," or similar descriptions should not be interpreted as applying to every product sold by The Lotus Group.

Unless expressly stated otherwise, a reference to compostability means compostability under appropriate commercial or industrial composting conditions. It does not mean that the product will necessarily compost in a home composting system, landfill, marine environment, roadside environment, or other uncontrolled environment.

Commercial composting facilities and collection programs may not be available in all communities and may not accept every compostable product. Customers should confirm locally available collection, recycling, composting, and disposal options.

We do not guarantee that a product will break down within a specific period except under the conditions associated with an expressly identified certification, standard, testing method, or written manufacturer specification.

Recyclability depends on the material, local collection infrastructure, sorting technology, contamination, end-market availability, and applicable local requirements. A recyclable-material designation does not guarantee that a particular community will collect or recycle the product.

Environmental information may be based on documentation, testing, certifications, declarations, or representations supplied by manufacturers, suppliers, laboratories, or certification organizations.

5. Certifications and Compliance Information

Third-party certifications or references to standards apply only to products expressly identified as holding or meeting that certification or standard.

A certification displayed for one product, size, material, manufacturer, or SKU should not be interpreted as certification of any other product.

Certifications and compliance status may be revised, renewed, suspended, discontinued, or otherwise changed by manufacturers or certification organizations.

Customers purchasing products to satisfy a government requirement, institutional procurement standard, composting program, local packaging ordinance, sustainability requirement, or other regulatory or contractual requirement should verify the current certification and product documentation applicable to the specific SKU before ordering.

Upon request and when available, we may provide manufacturer documentation or certification information for applicable products.

6. Regulatory Requirements and Restricted Products

Packaging, foodservice, labeling, environmental, PFAS, single-use product, recycling, compostability, and other requirements may vary by state, county, municipality, institution, or other jurisdiction.

The Lotus Group may restrict, cancel, or decline shipment of certain products when we determine that a legal or regulatory restriction applies.

Commercial customers, resellers, distributors, restaurants, institutions, and other business purchasers are responsible for determining whether products satisfy requirements applicable to their particular use, resale, procurement program, customer commitments, and disposal system.

Nothing in these Terms transfers to the customer any legal obligation that applicable law specifically places on The Lotus Group as the seller.

7. Orders and Acceptance

An order submitted through the Site, by email, through electronic data interchange, a marketplace, purchase order, telephone, quotation, or other means constitutes an offer to purchase.

All orders are subject to acceptance by The Lotus Group.

An automated order confirmation acknowledges receipt of an order but does not necessarily constitute final acceptance.

We may decline, limit, place on hold, or cancel an order for reasons including product availability, pricing errors, suspected fraud, payment issues, regulatory restrictions, supplier limitations, shipping restrictions, or other legitimate business reasons.

If we cancel an order after payment has been collected, we will refund the applicable cancelled amount.

8. Pricing and Payment

Prices are subject to change without notice unless fixed by a valid written quotation or agreement.

We make reasonable efforts to maintain accurate pricing but may correct typographical, data-entry, system, marketplace, supplier, or pricing errors.

If a material pricing error is identified after an order is submitted, we may cancel the affected item and refund the amount paid or contact the customer for approval of the corrected price.

Taxes, freight, surcharges, customs charges, duties, accessorial fees, or other charges may apply as indicated during checkout, on a quotation, or on an invoice.

Customers approved for credit terms must pay invoices according to the applicable credit agreement and invoice terms.

9. Product Availability, Substitutions and Backorders

Product availability is subject to change.

Inventory displayed on the Site does not constitute a guarantee that inventory will remain available until an order is accepted and allocated.

If a product becomes unavailable, we may, as appropriate, offer a substitute, place the product on backorder, partially ship the order, or cancel and refund the unavailable portion.

We will not substitute a materially different product without customer authorization when such authorization is reasonably practicable.

10. Order Changes and Cancellations

We begin processing orders promptly.

Requests to change or cancel an order should be submitted as soon as possible. We will make reasonable efforts to accommodate requests, but a change or cancellation is not guaranteed once an order has entered fulfillment, been transferred to a warehouse, been tendered to a carrier, been ordered from a supplier, or entered production.

Applicable cancellation, return freight, supplier, restocking, or other charges may apply to approved cancellations.

11. Custom-Printed, Personalized and Special-Order Products

Custom-printed, personalized, made-to-order, customer-specific, and special-order products are generally final sale.

Customers are responsible for carefully reviewing all proofs, specifications, artwork, spelling, dimensions, colors, placement, product selection, quantities, and other details before approval.

Approval of an artwork proof or production specification authorizes production according to the approved proof or specification.

Colors displayed electronically or printed on proofs may not exactly match finished production. Reasonable variations in ink color, substrate color, print registration, print placement, dimensions, quantity, and other manufacturing characteristics may occur.

Custom orders may be subject to commercially reasonable overrun or underrun tolerances where disclosed in the quotation or custom-order documentation.

Once artwork or specifications have been approved and production, procurement, printing, tooling, or other customization activity has begun, the order may not be cancelled, changed, returned, or refunded except where we agree otherwise in writing or where the product contains a verified manufacturing defect or an error attributable to The Lotus Group.

12. Customer-Supplied Artwork and Intellectual Property

By submitting any logo, trademark, artwork, photograph, design, text, slogan, image, or other content for printing or customization, you represent and warrant that you own the content or have all rights, licenses, consents, and permissions necessary for us and our suppliers to reproduce and use it to fulfill your order.

You authorize The Lotus Group and its manufacturers, printers, contractors, and suppliers to reproduce the submitted material solely as reasonably necessary to quote, proof, manufacture, package, and fulfill the order.

You agree to indemnify and hold harmless The Lotus Group from third-party claims arising from our authorized reproduction of customer-supplied content that infringes or allegedly infringes another person's intellectual-property or proprietary rights, except to the extent prohibited by applicable law.

13. Shipping and Delivery

Orders are shipped according to our Shipping & Delivery Policy, which is incorporated into these Terms.

Shipping, processing, transit, and delivery dates are estimates unless The Lotus Group expressly provides a written guaranteed-delivery commitment.

Orders may be shipped from multiple warehouses or suppliers and may arrive in separate shipments.

Delivery delays caused by carriers, severe weather, port congestion, transportation interruptions, supplier delays, customs, government actions, labor disruptions, force majeure events, inaccurate delivery information, or other circumstances outside our reasonable control do not constitute a breach of these Terms.

Special rules apply to pallet, LTL, truckload, and other freight shipments as described in our Shipping & Delivery Policy.

14. Inspection and Claims

Customers should inspect shipments promptly after delivery.

Visible freight damage, shortages, or visibly compromised pallets or cartons should be noted on the carrier's delivery receipt before the customer signs for the shipment.

Claims involving damaged, defective, incorrect, or missing products must be submitted according to the timeframes and procedures in our Return, Exchange & Claims Policy and Shipping & Delivery Policy.

We may require photographs, packaging, shipping labels, lot information, delivery receipts, and other reasonable documentation before approving a claim.

Customers should retain the affected merchandise and packaging until instructed whether it should be returned, inspected, or disposed of.

15. Returns, Exchanges and Refunds

Returns, exchanges, refunds, credits, restocking charges, non-returnable products, and damage claims are governed by our Return, Exchange & Claims Policy, which is incorporated into these Terms.

A return is not authorized until The Lotus Group issues return instructions or a return authorization.

Products returned without authorization or shipped to an unauthorized address may be refused and may not qualify for credit.

16. Manufacturer Information and Warranties

Many products sold by The Lotus Group are manufactured by third parties.

Product descriptions, certifications, technical specifications, performance information, and warranties may be based on information supplied by manufacturers or suppliers.

Any manufacturer warranty applies according to the manufacturer's applicable terms.

Except for warranties expressly made by The Lotus Group in writing, The Lotus Group does not create an additional product warranty merely by displaying manufacturer information on the Site.

17. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR WARRANTIES THAT CANNOT LAWFULLY BE DISCLAIMED OR ANY EXPRESS WRITTEN WARRANTY PROVIDED BY THE LOTUS GROUP, THE SITE, INFORMATION, AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LOTUS GROUP DISCLAIMS IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT A PRODUCT WILL BE SUITABLE FOR EVERY APPLICATION, THAT A COMPOSTABLE PRODUCT WILL COMPOST IN EVERY LOCATION OR DISPOSAL ENVIRONMENT, OR THAT A PRODUCT DESCRIBED AS RECYCLABLE WILL ACTUALLY BE COLLECTED OR RECYCLED IN EVERY COMMUNITY.

Nothing in these Terms excludes a warranty or consumer right that applicable law does not permit to be excluded.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LOTUS GROUP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, AND CONTRACTORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST PRODUCTION, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SITE, AN ORDER, DELIVERY, DELAY, PRODUCT, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LOTUS GROUP'S AGGREGATE LIABILITY FOR A CLAIM ARISING FROM A PRODUCT OR ORDER WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE LOTUS GROUP FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

These limitations do not apply to liability that cannot legally be excluded or limited under applicable law.

19. Indemnification

To the maximum extent permitted by applicable law, commercial customers agree to indemnify, defend, and hold harmless The Lotus Group and its officers, directors, employees, affiliates, and agents from third-party claims, losses, liabilities, costs, and reasonable attorneys' fees arising from:

1. misuse, alteration, repackaging, relabeling, or unauthorized use of a product by the customer;

2. customer representations about a product that materially exceed or contradict information provided by The Lotus Group or the applicable manufacturer;

3. violation by the customer of applicable law;

4. customer-supplied artwork, trademarks, or other intellectual property; or

5. the customer's material breach of these Terms.

This provision does not require a customer to indemnify The Lotus Group for liability resulting solely from The Lotus Group's own conduct where such indemnification is prohibited by applicable law.

20. Intellectual Property

The Site and its original content, design, graphics, text, photographs, logos, software, and other materials are owned by or licensed to The Lotus Group and are protected by applicable intellectual-property laws.

Third-party trademarks, logos, product images, and manufacturer information remain the property of their respective owners.

No rights are granted except the limited right to access and use the Site for lawful personal or business purchasing purposes.

21. Accounts and Site Security

Customers are responsible for protecting account credentials and for activity conducted through their accounts.

Please notify us promptly if you believe your account has been compromised.

We may suspend or terminate accounts, refuse service, or restrict access where reasonably necessary to prevent fraud, unlawful conduct, security risks, abuse, or violation of these Terms.

22. Third-Party Services and Links

The Site may rely on third-party services such as payment processors, carriers, technology providers, manufacturers, marketplaces, and other vendors.

We may also provide links to third-party websites for convenience.

The Lotus Group does not control third-party websites and is not responsible for their independent content, privacy practices, availability, or terms.

23. Force Majeure

The Lotus Group will not be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including acts of God, severe weather, natural disaster, fire, flood, war, terrorism, civil disturbance, epidemic, pandemic, government action, changes in law, embargo, tariff or trade restriction, labor dispute, strike, port congestion, carrier interruption, vessel delay, shortage of transportation, raw-material shortage, manufacturing interruption, utility outage, cyber incident, supplier failure, or similar event.

Our obligations will be suspended for the period reasonably affected by the event.

24. Privacy

Use of the Site is also governed by our Privacy Policy.

25. Electronic Communications

By using the Site or communicating electronically with us, you consent to receive transaction-related communications electronically, including order confirmations, invoices, shipping information, policies, and notices.

Marketing communications are subject to applicable law and available opt-out rights.

26. Governing Law and Venue

To the maximum extent permitted by applicable law, these Terms and transactions with The Lotus Group are governed by the laws of the State of Texas, without regard to conflict-of-law rules.

Unless applicable law requires otherwise, disputes arising out of or relating to these Terms, the Site, or an order will be brought in the state or federal courts having appropriate jurisdiction in Harris County, Texas.

27. Severability

If a provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

28. No Waiver

Failure by The Lotus Group to enforce a provision does not waive our right to enforce that provision or another provision later.

29. Entire Agreement and Order of Precedence

These Terms, our Shipping & Delivery Policy, Return, Exchange & Claims Policy, Privacy Policy, and any written terms specifically applicable to an order constitute the agreement applicable to the transaction.

If a separately executed written agreement between the customer and The Lotus Group conflicts with these Terms, the executed agreement controls to the extent of the conflict.

Unless expressly accepted by The Lotus Group in writing, additional or inconsistent terms contained in a customer's purchase order or other document do not modify these Terms.

30. Changes to These Terms

We may revise these Terms periodically.

Changes apply prospectively from the effective date posted on the Site unless otherwise required by law.

The Terms in effect when an order is accepted generally govern that order unless the parties agree otherwise in writing.

31. Contact Us

Questions regarding these Terms may be directed to:

The Lotus Group

Houston, Texas, USA

Email: support@thelotusgroup.us

Phone: 205-861-0240