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Terms of service

h2>Overview

Welcome to LUMÉ! The terms "we", "us" and "our" refer to LUMÉ. LUMÉ 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"). LUMÉ 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, including accessing or browsing our online stores or purchasing any of the products or services we offer, 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 in our stores is correct, current and complete and that you have all rights necessary to provide this information.

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 stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted in our online stores. All descriptions of products 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 may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Section 3 — Orders

When you place an order, you are making an offer to purchase. LUMÉ reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until LUMÉ confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as LUMÉ may be unable to accommodate cancellation requests after an order is accepted.

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 for a product or service 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 expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.

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 but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, are owned by LUMÉ, its affiliates or licensors and are protected by U.S. and foreign intellectual property laws.

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, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.

Section 7 — Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Section 8 — Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials, you do so at your own risk.

Section 9 — Relationship with Shopify

LUMÉ 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 LUMÉ. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and LUMÉ.

Section 10 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our privacy policies.

Section 11 — Feedback

If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose. You represent and warrant that you own or have all necessary rights to all Feedback submitted.

Section 12 — Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions. We reserve the right to correct any errors and to change or update information 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 access or use the Services for any unlawful or malicious purpose, to violate any regulations, to infringe upon intellectual property rights, to harass or harm any person, to transmit false information, or to engage in any conduct that restricts anyone's use of the Services.

Section 14 — Agents

This section applies if you use, allow, enable, or cause the deployment of an Agent (any software or service that takes autonomous or semi-autonomous action) to access, use, or interact with any Services. No Agent may access the Services unless it identifies itself and operates in accordance with our requirements. We may limit whether and how any Agent accesses the Services.

Section 15 — Termination

We may terminate this agreement or your access to the Services in 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 16 — Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. The Services and all products offered through the Services are provided "as is" and "as available" without any warranties of any kind, either express or implied.

Section 17 — Limitation of Liability

To the fullest extent provided by law, LUMÉ, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or those of Shopify, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

Section 18 — Indemnification

You agree to indemnify, defend and hold harmless LUMÉ, Shopify, and our affiliates from any losses, damages, liabilities or claims arising out of your breach of these Terms, your violation of any law, or your access to and use of the Services.

Section 19 — Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

Section 20 — Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and govern your use of the Services.

Section 21 — Assignment

You may not delegate, transfer or assign this Agreement without our prior written consent. We may transfer, assign, or delegate these Terms without consent or notice to you.

Section 22 — Governing Law

These Terms shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where LUMÉ is headquartered.

Section 23 — Changes to Terms of Service

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

Section 24 — Contact Information

Questions about the Terms of Service should be sent to us at team@shoplume.us