Terms of service
OVERVIEW
Welcome to LumÉra. The terms "we", "us" and "our" refer to LumÉra. LumÉra operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). LumÉra is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device and its settings.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to what is depicted in our online store. All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities offered to any person, geographic region, or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. LumÉra reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until LumÉra confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as LumÉra may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at checkout.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices in our online store may differ from prices offered in physical stores or other online stores. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store, and to promptly update your account and payment information as needed.
You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are duly authorized to use the payment method for the purchase, (iii) charges incurred by you will be honored by your card issuer, and (iv) you will pay all charges incurred, including shipping, handling and applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by LumÉra, its affiliates or licensors, and are protected by intellectual property law.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. All rights not expressly granted herein are reserved by LumÉra.
LumÉra's names, logos, product and service names, designs, and slogans are trademarks of LumÉra or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify's name, logo, and marks are the property of Shopify. All other names, logos, and marks on the Services belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be given access to third-party tools as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" and "as available" without any warranties of any kind, and we have no liability arising from your use of optional third-party tools. Use of these tools is entirely at your own risk and discretion.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you access third-party sites, you do so at your own risk, and we are not liable for any harm related to your access of or transactions on those sites.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
LumÉra is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with LumÉra. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and LumÉra, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with LumÉra.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
SECTION 11 - FEEDBACK
If you submit, post, or transmit any ideas, suggestions, feedback, reviews, or proposals ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial use. We have no obligation to keep your Feedback confidential, compensate you for it, or respond to it.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct any errors and to change, update, or cancel orders if any information is inaccurate at any time, without prior notice.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services to: (a) engage in any unlawful or malicious purpose; (b) violate applicable regulations; (c) infringe our or others' intellectual property rights; (d) harass, defame, or harm any person; (e) transmit false or misleading information; (f) send unsolicited advertising or "spam"; (g) impersonate any person or entity; or (h) interfere with other users' use or enjoyment of the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you have violated these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services at our sole discretion at any time, without notice, and you will remain liable for all amounts due up to and including the date of termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
Information presented through the Services is provided solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information; any reliance on it is at your own risk. THE SERVICES AND ALL PRODUCTS OFFERED ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LUMÉRA, ITS PARTNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR SERVICE PROVIDERS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THEM.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless LumÉra, Shopify, and their affiliates, partners, officers, employees, agents, contractors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising from (1) your breach of these Terms, (2) your violation of any law or third-party right, or (3) your access to and use of the Services.
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed, without affecting the validity of the remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms of Service and any policies posted by us constitute the entire agreement between you and us regarding your use of the Services.
SECTION 20 - ASSIGNMENT
You may not assign or transfer this agreement, or any of your rights or obligations under these Terms, without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without notice or consent.
SECTION 21 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the law applicable in the jurisdiction where LumÉra is headquartered.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update or change any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services following any changes constitutes acceptance of those changes.
SECTION 23 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to lumera_shop@outlook.com.