Terms of Service
This website is operated by Luxini. Throughout the site, the terms “we”, “us” and “our” refer to Luxini. Luxini offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
This agreement contains warranty and liability disclaimers. By using this site, you accept and agree to the terms and conditions of this agreement without any reservations, modifications, additions, or deletions, and whether or not you have read them. If you do not agree to the terms of service contained in this agreement, you are not authorized to use this site. You may be denied access to the site with or without prior notice if you fail to comply with any provision of this agreement.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
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, or that you are 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 this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 3.1 - PRODUCT DESCRIPTIONS
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of any of the Service is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition in accordance with the return policy.
SECTION 3.2 - PRICING
A strikethrough price or compare at price means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. Products can also have a strikethrough price or compare at price which is determined by recent price history of the product on this website. We do not warrant that pricing or other content of any of the Service is accurate, complete, reliable, current, or error-free.
SECTION 3.3 - DISCOUNTS
All promotions and discount codes are non-combinable. This means that only one promotional offer or discount code can be applied per order. Additional restrictions may also apply.
SECTION 3.4 - FREE RETURNS ON ELIGIBLE PRODUCTS
Only product(s) that say they are eligible for Free Returns on the product detail page are eligible for free returns.
No minimum purchase is necessary to receive Free Returns.
If you aren't satisfied with your purchase, return the eligible product(s) in new and unused condition in the original packaging for a full refund in accordance with our returns policy. We do not refund the original shipping fees, however.
All product packaging and certificates of authenticity, grading, and appraisal (if any) must be returned with the product. Any product(s) returned without original documentation is unable to be accepted. Any product(s) that have been resized, damaged or otherwise altered from their original condition after delivery will not be accepted for a return.
Eligible product(s) must be returned using a trackable shipping method.. If you have any questions, contact our Customer Service and we will guide you through the process.
Luxini will process your return and issue a full refund after receiving your return of the eligible product(s). If your return is not a result of our error, we will not refund the original shipping fees. In addition, some special product, order, or handling fees may still apply.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5.1 - RISK OF LOSS
All purchases of physical items from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - INTELLECTUAL PROPERTY
The Luxini Sites and all materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to Luxini, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed, but not sold, to end users. Subject to your compliance with these Terms of Service, and solely for so long as you are permitted by Luxini to use the Luxini Sites, you may access, view, download, and print the materials for your personal, non-commercial use only; provided, however, that you (1) do not provide or make available the materials to any third party in a commercial manner; (2) do not modify or alter the materials in any way; and (3) retain all copyright, trademark, or other proprietary designations contained on all materials; If you fail to comply with any of the terms or conditions of these Terms of Service, you are not authorized to use the Luxini Sites and must immediately stop using the Luxini Sites.
No license, interest, title, or right in the Luxini Sites or any materials is transferred to you as a result of your use of the Luxini Sites or your accessing, viewing, downloading, or printing of the materials. You may not reproduce (except as noted above), display, transmit, distribute, publish, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in part or in whole, any of the materials or the Luxini Sites. The Luxini Sites and materials may be used only as a personal shopping resource. Any other use, including the transmission, republication, modification, reproduction, distribution, display, or performance, of the Luxini Sites and the materials is strictly prohibited. The compilation (which stands for: the collection, arrangement, and assembly) of the Luxini Sites and materials is the exclusive property of Luxini and is also protected by U.S. and international copyright laws.
LUXINI, the LUXINISHOP.COM names and logos, page headers, button icons, scripts, logos, and all other graphics and service names included in or made available through any of the Luxini Sites are trademarks or trade dress of Luxini in the U.S. and other countries. All other marks are the property of their respective rights holders.
SECTION 8 - PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Luxini Sites in a way that appears to constitute copyright infringement, please visit our DMCA Procedure (available at https://www.luxinishop.com/pages/terms-of-service-2) for instructions on how to contact us to report possible intellectual properly infringement.
SECTION 9 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party).
SMS mobile message marketing program terms and conditions https://help.getfirepush.com/en/articles/3103817-sms-mobile-message-marketing-program-terms-and-conditionsties
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to keep any comments in confidence; (2) to compensate for any comments; or (3) to reply to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 - PERSONAL INFORMATION
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability, or any other information. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Content on this site is for reference purposes and is not a substitute for advice from a licensed health-care professional. You should not rely solely on this content, and Luxini assumes no liability for inaccuracies. Always read labels and directions before using a product. Statements regarding dietary supplements have not been evaluated by the FDA, and these products are not intended to diagnose, treat, cure, or prevent any disease or condition.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Under no cirumstances shall company or its affiliates, partners, suppliers, or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use this website and any third party content and services, whether or not the damages were foreseeable and whether or not company was advised of the possibility of such damages, without limiting the generality of the foregoing, company's aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of 1 dollar ($1.00). The foregoing limitations will apply even if the above state or any remedy fails of its essential purpose. You understand and agree that absent your agreement to this limitation of liability, we would provide the Service to you.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Luxini, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, civil liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Luxini's total liability to you for all losses, damages, injury and causes of action arising out of or in connection with any products purchased on this site and any use made thereof will be limited to all fees paid by you to Luxini hereunder for the purchase of such products.
SECTION 15.1 DISPUTES
Any dispute or claim relating in any way to your use of any of the Service, or to any products or services sold or distributed by us or through our website will be resolved with us, rather than in court. We will follow the terms of these Terms of Service, as a court would, to resolve any dispute.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than with us or through arbitration, we each waive any right to a jury trial.
SECTION 15.2 WARRANTIES
Limited One Year Warranty ("One Year Warranty"):
What is covered by this Limited One Year Warranty? Luxini ("Luxini") warrants the Luxini-retailed hardware product and Luxini-retailed accessories contained in the original packaging (“Luxini Product”) against defects in materials and workmanship when used normally in accordance with Luxini's published guidelines for a period of a ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"). Luxini's published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
What is not covered by this Limited One Year Warranty? This plan does not apply: (a) to protective coatings that are designed to diminish over time or batteries, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the Luxini's specifications (Luxini specifications are available at www.luxinishop.com under the product description for each product); (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the product outside Luxini's published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Luxini; (g) to an Luxini Product that has been modified to alter functionality or capability without the written permission of Luxini; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Luxini Product; (i) loss of item; (j) if any serial number has been removed or defaced from the Luxini Product; or (k) if Luxini receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the Luxini Product, and you cannot prove in any way that you are the authorized user of the product (e.g. by presenting proof of purchase). If it has been sufficiently demonstrated, at Luxini's sole discretion, that an item meets all of the requirements necessary to be eligible for this plan, Luxini's exclusive remedy will be to offer reimbursement for the repairment of the defective item, offer a replacement of the defective item, or offer another form of reimbursement; the decision of which will again be made solely at Luxini's discretion. If Luxini determines that a warranty claim is valid and a replacement would be the best solution, Luxini will cover the replacement and/or the parts to repair it, and the client would cover the labor or the shipping for the new replacement. The plan remains valid until one repair, reimbursement, or replacement is serviced or until the warranty coverage period has elapsed.
Lifetime Protection Plan ("Limited Lifetime Warranty"):
What is covered by this Lifetime Protection Plan? Luxini ("Luxini") warrants the Luxini-retailed hardware product and Luxini-retailed accessories contained in the original packaging (“Luxini Product”) against defects in materials and workmanship when used normally in accordance with Luxini's published guidelines for a period of a LIFETIME from the date of original retail purchase by the end-user purchaser ("Warranty Period"). Luxini's published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
What is not covered by this Lifetime Protection Plan? This plan does not apply: (a) to protective coatings that are designed to diminish over time or batteries, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the Luxini's specifications (Luxini specifications are available at www.luxinishop.com under the product description for each product); (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the product outside Luxini's published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Luxini; (g) to an Luxini Product that has been modified to alter functionality or capability without the written permission of Luxini; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Luxini Product; (i) loss of item; (j) if any serial number has been removed or defaced from the Luxini Product; or (k) if Luxini receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the Luxini Product, and you cannot prove in any way that you are the authorized user of the product (e.g. by presenting proof of purchase). If it has been sufficiently demonstrated, at Luxini's sole discretion, that an item meets all of the requirements necessary to be eligible for this plan, Luxini's exclusive remedy will be to offer reimbursement for the repairment of the defective item, offer a replacement of the defective item, or offer another form of reimbursement; the decision of which will again be made solely at Luxini's discretion. If Luxini determines that a warranty claim is valid and a replacement would be the best solution, Luxini will cover the replacement and/or the parts to repair it, and the client would cover the labor or the shipping for the new replacement. If this plan is canceled within the first thirty days of purchase, a full refund of the plan will be issued. If the plan is canceled after thirty days, one fourth of the plan will be refunded. The plan remains valid until one repair, reimbursement or replacement is serviced.
SECTION 15.3 - FORCE MAJEURE
Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Luxini and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16.1 - ATTORNEY FEES
In the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, we shall be entitled to recover all fees, costs and expenses of enforcing any right, including but not limited to, this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ontario, CA.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org