Terms of service

Access and Account

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in the state or province where you reside and that you have given us your consent to allow any minor dependents 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 the products and services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent that all information you provide through our stores is accurate, current, and complete and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your login credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any third party.

Our Products

We have made every effort to display our products and services accurately in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen depending on the type of device you use to access the store and the settings and configuration of that device.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or match the images or representations shown in our online stores.

All product descriptions are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

Orders

When you place an order, you are making an offer to purchase. Lumora reserves the right, in its sole discretion and for any reason, to accept or reject your order. Your order is not accepted until Lumora confirms its acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as Lumora may not be able to accommodate cancellation requests after an order has been accepted. If we reject, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided at the time the order was placed.

Returns or exchanges of purchases are governed exclusively by our Return Policy [LINK].

You represent and warrant that your purchases are intended for personal or household use only and not for commercial resale or export.

Prices and Billing

Prices, discounts, and promotions may be changed without prior 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 shown in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping charges, handling fees, customs duties, or import charges.

Prices shown in our online stores may differ from prices available in our physical stores or in online stores and other shops operated by third parties. From time to time, we may offer promotions related to the Services that affect pricing and are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will control.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. 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 when 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) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges incurred by you at the stated prices, including shipping and handling charges and any applicable taxes.

Shipping and Delivery

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our reasonable control. Once we transfer the goods to the shipping carrier, title and risk of loss pass to you.

Intellectual Property

Our Services, including, without limitation, all trademarks, brands, text, advertisements, images, graphics, product reviews, videos, audio files, and the design, selection, and arrangement thereof, are owned by Lumora, its affiliates, or its licensors and are protected by United States and international patent, copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any material available through the Services. Except as expressly provided herein, nothing in these Terms grants or may be interpreted as granting you any license or other right under any patent, trademark, copyright, or other intellectual property right of Lumora, Shopify, or any third party. Unauthorized use of the Services may violate federal, state, and international intellectual property laws. All rights not expressly granted herein are reserved by Lumora.

The Lumora name, logos, product and service names, designs, and slogans are trademarks of Lumora or its affiliates or licensors. You may not use these marks without Lumora's prior written permission. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing through the Services are trademarks of their respective owners.

Optional Tools

As part of the Services, you may be given access to customer tools provided by third parties. We do not monitor such tools and have no control over or input into them.

You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without warranties, representations, conditions, or endorsements of any kind. We will have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms under which the relevant third-party tools are provided.

We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features will also be deemed part of the Services and will be subject to these Terms and Conditions.

Third-Party Links

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

We are not liable for any harm or damage connected with your access to third-party websites or your purchase or use of products, services, resources, or content from third-party websites. Please review the third party's policies and practices carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

Relationship with Shopify

Lumora is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are transactions directly between you and Lumora. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Lumora, including any injury, damage, or loss resulting from the purchase of products or services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with Lumora.

Privacy Policy

All personal information that we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain 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.

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services. Information that you submit through the Services will be transmitted to and shared with Shopify and third parties that may be located in a country other than your country of residence in order to provide services to you. For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].

Feedback

If you send, upload, publish, email, or otherwise submit any ideas, suggestions, feedback, reviews, proposals, plans, 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 in any medium and for any purpose, including commercial purposes. For example, we may use the rights granted under this license to operate, provide, evaluate, expand, improve, and promote the Services, as well as to perform our obligations and exercise our rights under these Terms and Conditions.

You also represent that: (i) you own or otherwise have all necessary rights in and to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are and will remain under no obligation to: (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, otherwise objectionable, or in violation of any party's intellectual property rights or these Terms and Conditions.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, publicity, or any other personal or proprietary right. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.

Errors, Inaccuracies, and Omissions

Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice if any information is inaccurate, including after you have submitted your order.

Automated Agents

14.3 We may, including through technical measures, restrict whether and how an Agent accesses, uses, or interacts with the Services.

14.4 Agents must identify themselves in all HTTP/HTTPS requests using "Agent/[Agent Name]" in the User-Agent string; must not conceal that an interaction originates from an Agent, imitate human behavior, or bypass CAPTCHAs; must answer truthfully when asked whether an interaction is automated; and must not circumvent measures controlling Agent access to Shopify Consumer Services.

Termination

We may terminate this agreement or your access to all or any part of the Services at any time, in our sole discretion and without notice. You remain responsible for all amounts due through the termination date. Provisions that by their nature should survive termination, including Intellectual Property, Feedback, Warranty Disclaimers, Limitation of Liability, Indemnification, Severability, Assignment, Governing Law, and Privacy, will remain in effect.

Disclaimer of Warranties

Information provided through the Services is for general informational purposes only. We do not warrant its accuracy, completeness, or usefulness, and reliance on it is at your own risk.

Limitation of Liability

Indemnification

You agree to indemnify, defend, and hold harmless Lumora, Shopify, and their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, claims, and reasonable legal fees arising from: (1) your breach of these Terms or incorporated documents; (2) your violation of applicable law or third-party rights; or (3) your access to or use of the Services.

We will notify you of any indemnifiable claim. Delayed notice will not relieve you of your obligations unless it materially prejudices you. We may control the defense and settlement at your expense, including selecting counsel, but will not settle a claim imposing non-monetary obligations on you without your consent, which may not be unreasonably withheld. You agree to cooperate in the defense, including by providing relevant documents.

Severability

If any provision of these Terms is found unlawful, invalid, or unenforceable, it will remain enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed. The validity and enforceability of the remaining provisions will not be affected.

Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with all policies or operating rules posted by us through the website or relating to the Services, constitute the entire agreement between you and us and govern your use of the Services. They replace all prior or contemporaneous agreements, communications, and proposals, whether oral or written, including previous versions of these Terms. Any ambiguity in interpretation will not be construed against the drafting party.

Assignment

You may not delegate, assign, or transfer this agreement or your rights or obligations under these Terms without our prior written consent; any attempted transfer is void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice.

Governing Law

These Terms and any separate agreements under which we provide Services will be governed by and construed in accordance with the laws applicable at Lumora's principal place of business. You and Lumora consent to the local and personal jurisdiction of the competent courts serving Lumora's principal place of business.

Headings

Headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

Changes to These Terms and Conditions

The most current version of these Terms and Conditions may be reviewed at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes on our website. You are responsible for checking our website periodically for changes. We will notify you of material changes as required by applicable law, and such changes will take effect on the date stated in the notice. Your continued use of or access to the Services after changes are posted constitutes acceptance of those changes.

Contact Information

Questions about these Terms and Conditions should be sent to team@lumora-activewear.com.

Our contact information is: