Legal information & Terms of use

GENERAL TERMS AND CONDITIONS OF SALE AND USE

OVERVIEW

This website is operated by LUXIA. On this website, the terms "we", "us" and "our" refer to LUXIA.

LUXIA 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 this site and/or purchasing any of our products, you agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms and Conditions of Sale and Use", "Terms"), including any additional terms, conditions and policies referred to and/or hyperlinked to herein. These Terms and Conditions apply to all users of this site, including, but not limited to, users who browse the site, are sellers, customers, merchants, and/or content contributors.

Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.

All new functions and tools added to this shop at a later date will also be subject to these General Terms and Conditions of Sale and Use. You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

Our shop is hosted on Shopify Inc, provider of this e-commerce platform which allows us to sell our products and services to you.


ARTICLE 1 - CONDITIONS OF USE OF OUR ONLINE SHOP

By accepting these General Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor dependent on you to use this website.

The use of our products for any illegal or unauthorised purpose is prohibited, nor shall you, in the course of using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Any breach or violation of these Terms and Conditions will result in immediate termination of your Services.

By consenting to Luxia Store's SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP to the number you received the messages from. You can also contact us at contact@luxia-lingerie.com for more information. We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. Your right to privacy is important to us. You can see our Privacy Policy https://luxia-lingerie.com/pages/politique-de-confidentialite to determine how we collect and use your personal information.

ARTICLE 2 - GENERAL CONDITIONS

We reserve the right to deny access to the Services to any person at any time, for any reason.

You understand that your content (excluding your credit card information) may be transferred unencrypted, and this involves transmissions over various networks; and changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without our prior express written permission.

The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.

ARTICLE 3 - ACCURACY, COMPLETENESS AND UP-TO-DATENESS OF INFORMATION

We reserve the right to modify the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

ARTICLE 4 - CHANGES TO SERVICE AND PRICES

The prices of 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 of the Service) without notice and at any time.

We will not be liable to you or any third party for any change in price, suspension or discontinuance of the Service.


ARTICLE 5 - PRODUCTS OR SERVICES (where applicable)

Certain products or services may only be available online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Returns Policy.

We reserve the right, but are not obliged, to restrict sales of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of service or product made on this site is void where prohibited by law.

We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

In the event that we change or cancel an order, we may attempt to notify you by contacting you at the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.

You agree to provide current, complete and accurate order and account information for all orders placed through our shop. You agree to promptly update your account and other information, including your e-mail address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.

For more details, please see our Returns Policy.


SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third party tools over which we have no control or influence.

You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranty, representation or condition of any kind and without any endorsement. We shall have no legal liability arising out of or in connection with the use of these optional third party tools.

If you use any optional tools offered on the Site, you do so at your own risk and discretion and you should consult the terms and conditions on which such tools are offered by the relevant third party provider(s).

We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions.


ARTICLE 8 - THIRD PARTY LINKS

Certain content, products and services available through our Service may include material 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 of such sites, and we do not warrant or assume any responsibility for any content, website, product, service or other item accessible on or from such third party sites.

We are not responsible for any harm or damage in connection with the purchase or use of any goods, services, resources, content, or any other transaction conducted in connection with such third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.


ARTICLE 9 - COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS

If, at our request, you submit specific content (for example, to enter contests), or if without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by post, or otherwise (collectively, "Comments"), you grant us the unrestricted right at all times to edit, copy, publish, distribute, translate, and otherwise use in any media any Comments you send to us. We are not and shall not be obliged to maintain any comments in confidence; to pay any compensation to anyone for any comments provided; or to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we believe, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions.

You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, nor will they contain any computer virus or other malicious software that could in any way affect the operation of the Service or any associated website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

ARTICLE 10 - PERSONAL INFORMATION

The submission of your personal information on our shop is governed by our Privacy Policy.


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

No defined update or refresh date on the Service or any associated website should be relied upon to conclude that information on the Service or any associated website has been changed or updated.

ARTICLE 12 - PROHIBITED USES

In addition to the prohibitions set out in the General Terms and Conditions of Sale and Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to incite third parties to carry out or take part in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, hurt, slander, libel, denigrate, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, 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 a manner that adversely affects the functionality or operation of the Service or any associated or unrelated website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information from, browse, search or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet. We re


SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

You agree that from time to time we may discontinue the Service for indefinite periods of time or cancel the Service at any time without prior 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 provided to you through the Service are (unless otherwise expressly stated by us) provided on an "as is" and "as available" basis for your use without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

LUXIA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or damage, whether direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenues, lost savings, lost data, replacement costs or similar damages, whether in contract, tort (including negligence), in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product provided through the Service, or for any other claim relating 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 your use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such claims. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

AARTICLE 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless LUXIA, 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 and Conditions or the documents they reference, or your violation of any law or the rights of a third party.

ARTICLE 15 - SEVERABILITY

If any provision of these General Terms and Conditions of Sale and Use is held to be unlawful, void or unenforceable, such provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these General Terms and Conditions of Sale and Use, such severance not to affect the validity and enforceability of any remaining provisions.

ARTICLE 16 - WITHDRAWAL PERIOD

The withdrawal period is 14 days. This period runs from receipt of the product at the delivery address indicated.

ARTICLE 16 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions or any other policies or operating rules published by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior or contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions).

Any ambiguity in the interpretation of these Terms and Conditions shall not be construed to the detriment of the party drafting them.

ARTICLE 17- APPLICABLE LAW

These General Terms and Conditions of Sale and Use and any separate agreement through which we provide you with Services shall be governed by and construed in accordance with the laws in force on 1 January 2019.


SECTION 18 - CHANGES TO THE TERMS AND CONDITIONS OF SALE AND USE

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.