Terms of service
OVERVIEW
Welcome to LuxCards! The terms "we," "our," and "us" refer to LuxCards. LuxCards operates this store and website, including all information, content, features, tools, products, and related services, to provide you, as a customer, with a personalized shopping experience (hereinafter the "Services"). LuxCards is a Shopify-powered store, which enables us to provide the Services to you.
The Terms of Use below, together with all related policies (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as 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 [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you give us permission to allow any minor under your care to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores, or purchasing any 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 information you provide to our stores is accurate, up-to-date, and complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and all activities under your account. You are not authorized to transfer, sell, assign, or grant your account to any other person.
SECTION 2 – OUR PRODUCTS
We strive to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen due to your device type, settings, and configuration.
All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit the quantities of any product offered 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. LuxCards reserves the right to accept or refuse your order for any reason, at its discretion. Your order is not accepted until LuxCards confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as LuxCards may not be able to accommodate cancellation requests after an order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of order.
Your purchases may be returned only in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use only 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 stated in your order confirmation email. Unless otherwise indicated, displayed prices do not include shipping and handling, customs duties, or import taxes.
Prices displayed in our online stores may differ from those in physical stores or other online stores operated by third parties. From time to time, we may offer promotions on the Services that may affect prices and are governed by separate Terms of Use from these Terms. In case of conflict between the promotion terms and these Terms, the promotion terms prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as necessary.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use the credit card for the purchase, (iii) the amounts charged by you will be honored by your credit card issuer, and (iv) you will pay the amounts charged by you at the displayed prices, including shipping and handling and any applicable taxes, if applicable.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All shipping times are estimates and not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we transfer products to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, service marks, text, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement of them, are the property of LuxCards, its affiliates, or licensors and are protected.
These Terms allow you to use the Services for personal and non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, upload, store, or transmit the material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be construed as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property of LuxCards, Shopify, or a third party. Unauthorized use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted herein are reserved by LuxCards.
The names, logos, product and service names, designs, and slogans of LuxCards are trademarks of LuxCards or its affiliates or licensors. You must not use these trademarks without LuxCards’ prior written consent. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranty, representation, or condition of any kind and without endorsement. We disclaim any liability arising from your use of optional third-party tools or related materials.
Any use by you of the optional tools provided on the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the conditions under which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). These new features should also be considered part of the Services and will be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party documents or websites you choose to access. If you choose to leave the Services to access these materials or third-party websites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites, or to your purchase or use of products, services, resources, or content on third-party websites. Please carefully review third-party policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services must be addressed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
LuxCards is powered by Shopify, which allows us to provide the Services. However, the sales and purchases you make in our Store are conducted directly with LuxCards. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and LuxCards, including any damage, loss, or harm resulting from products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from your purchases and transactions with LuxCards or related to them.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and some personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in countries other than your own, in order to provide services. See our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, packages, or other content (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback on any media and for any purpose, including commercial purposes. We may, for example, use the rights granted by this license to operate, provide, evaluate, improve, enhance, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that (i) you own or have all rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we, in our sole discretion, deem illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms of Service.
You agree that your Feedback will not violate any third-party rights, including copyrights, trademarks, privacy, personality, or other personal or property rights. You also agree that your Feedback will not contain defamatory, illegal, abusive, or obscene content, nor computer viruses or other harmful code. You may not use a false email address, impersonate someone else, or mislead us or third parties as to the origin of any Feedback. You are solely responsible for the Feedback you submit and its accuracy. We assume no responsibility for any Feedback posted by you or by any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Information on or within the Services may contain typographical errors, inaccuracies, or omissions regarding product descriptions, prices, promotions, offers, shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if information is inaccurate, at any time and without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, to:
(a) engage in illegal or malicious activity;
(b) violate any international, federal, provincial, or local law, regulation, or ordinance;
(c) infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or anyone else;
(e) transmit false or misleading information;
(f) knowingly send, receive, upload, download, use, or reuse any material that violates these Terms;
(g) transmit or facilitate the sending of any advertising or promotional material, including “spam,” “chain letters,” or other similar solicitations;
(h) impersonate or attempt to impersonate another person or entity; or
(i) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, in our opinion, may harm LuxCards, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to:
(a) upload or transmit viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) send spam, phishing, pharming, pretexting, robots, or scraping; or
(e) interfere with or circumvent the security features of the Services, any associated website, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) 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.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general informational purposes only. We make no guarantees regarding the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim any liability arising from reliance by you or any other visitor of the Services, or any person informed of its contents.
EXCEPT AS EXPRESSLY PROVIDED BY LUXCARDS, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER LIMITATIONS, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LUXCARDS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless LuxCards, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorney fees, payable to a third party arising out of or related to (1) your violation of these Terms of Service or incorporated documents, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, understanding that failure to provide timely notice does not relieve you of your obligations unless you suffer material harm. We may control the defense and settlement of the claim at our expense, including the choice of counsel, but will not settle a claim requiring non-monetary obligations by you without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of indemnified claims, including providing relevant documentation.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be illegal, void, or unenforceable, that provision shall remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service without affecting the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policy or operational rule posted by us on this site or regarding the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, all prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafter.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements by which we provide you Services shall be governed and construed in accordance with the federal and state or territorial courts in the jurisdiction where LuxCards is headquartered. You and LuxCards agree to the venue and personal jurisdiction of these courts.
SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and do not affect the Terms of Service.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You may at any time view the most current version of the Terms of Service on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any significant changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Continuing to use or access the Services after any changes are posted constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to: contact@luxcards.lu.
Our contact details are as follows:
LuxCards
contact@luxcards.lu