Terms of service

OVERVIEW

Welcome to LuxBay! The words "we", "us" and "our" are used to refer to LuxBay. This store and website, including all related information, content, features, tools, products and services are operated by LuxBay for the purpose of giving you, the customer, a guided shopping experience (the "Services"). LuxBay is powered by Shopify, which allows us to offer the Services to you.
The following terms and conditions, along with any policies made reference to herein (these "Terms of Service" or "Terms") outline your obligations and rights when you utilize the Services.
Carefully read these Terms of Service, as they contain important information regarding your legal rights and address such matters as warranty disclaimers and limitations of liability.
By visiting, engaging with or accessing our Services, you bind yourself to these Terms of Service and our Privacy Policy [privacy policy]. If you do not accept these Terms of Service or Privacy Policy, you may not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you affirm that you are not less than the age of majority in your state or province of residence and that you have consented to permitting any minor dependents on your behalf to use the Services on devices you own, buy or control.
In order to use the Services, including to access or browse our online stores or to buy any of the goods or services that we sell, you might need to provide certain details, including your email address, billing, payment and shipping details. You promise and guarantee that all the information that you provide in our stores is accurate, up-to-date and complete and that you have all the rights that you need to give such information.
You are entirely responsible for the security of your account credentials and for all your account activity. You may not transfer, sell, assign, or license your account to any other individual.

SECTION 2 - OUR PRODUCTS
We have taken all reasonable care to present our products and services as accurately as possible in our online shops. Nevertheless, colors or appearance of the products can vary from how they might look on your screen as a result of the kind of device used to browse the shop and your device setup and setting.
We do not guarantee that the quality or appearance of any products or services you buy from us will be as expected or will resemble as seen or presented in our web stores.
All product descriptions are subject to modification at any time without notice in our sole discretion. We reserve the right to cease producing at any time any product and may restrict quantities of any products that we sell to any individual, geographic area or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS
When you order a product, you are submitting an offer to buy. LuxBay reserves its right to approve or reject your order for whatever reason it deems fit. Your order is not accepted until LuxBay's acceptance. We need to receive and clear your payment before your order is accepted. Check your order thoroughly before sending it, as LuxBay cannot honor cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will try to notify you by calling the e‑mail, billing address, and/or phone number that were in place at the time of ordering.
Your purchases are only returnable or exchangeable in accordance with our Refund Policy [Refund policy].
You agree and warrant that your orders are for your personal or family 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.
Prices in our online shops could be different from prices in physical shops or in online or other third-party-operated shops. We could provide, from time to time, promotions on the Services that could influence pricing and that are regulated by terms and conditions independent of these Terms. If there is any inconsistency between the promotion terms and these Terms, the promotion terms will prevail.
You promise to give us up-to-date, complete and accurate purchase, payment and account information for your purchases at our stores. You promise to update your account and other information promptly, including your email address, credit card numbers and expiration dates, so we can process your transactions and communicate with you as appropriate.
You guarantee and represent that (i) the credit card information you submit is correct, accurate, and complete, (ii) you are legally authorized to use such credit card for purchase, (iii) charges made by you will be accepted by your credit card company, and (iv) you will pay charges made by you at the prices posted, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All shipping times are estimates only and are not guaranteed. We are not liable 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, and the design, selection, and arrangement thereof, are owned by LuxBay, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms allow you to use the Services for your personal, non-commercial use only. You shall 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 permission. Unless otherwise specifically provided herein, nothing in the Terms grants or shall be deemed to grant a license or other rights to you under any patent, trademark, copyright, or other intellectual property of LuxBay, Shopify or any third party. Improper use of the Services may be a federal and state intellectual property law violation. All rights not specifically granted herein are reserved by LuxBay.
LuxBay’s names, logos, product and service names, designs, and slogans are trademarks of LuxBay or its affiliates or licensors. You must not use such trademarks without the prior written permission of LuxBay. Shopify’s name, logo, product and service names, designs and slogans 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 might be given access to third-party customer tools provided by third parties as part of the Services, which we neither monitor nor have any control or input.
You accept and agree that we offer access to such tools "as is" and "as available" without warranties, representations or conditions of any nature and without endorsement. We will have no liability of any kind arising from or relating to your use of optional third-party tools.
Any usage by you of the optional tools available through the site is at your own risk and discretion and you should make sure that you are aware of and agree to the terms on which tools are made available by the appropriate third-party provider(s).
We might also, in the future, provide additional features through the Services (such as the introduction of new resources and tools). Such new features will also be considered as part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services can include third-party materials and links to websites owned or operated by third parties (such as any third party embedded functionality). We are not responsible for reviewing or assessing the content or accuracy of third-party materials or sites you have a choice to access. In the event that you choose to leave the Services to access such materials or third party sites, you do so at your own risk.
We are not responsible for any damage or losses related to your access of any third-party website, or your purchase or use of any product, service, resource, or content on any third-party website. You should read carefully the third-party's practices and policies and make sure you understand them before you enter into a transaction. Complaints, claims, concerns, or questions related to third-party products and services should be addressed to the third-party.

SECTION 9 - SHOPIFYS RELATIONSHIP WITH YOUR STORE
[REMEMBER, MERCHANT: This section properly describes Shopify's relationship with your store and should not be deleted or altered.]
Shopify powers LuxBay, allowing us to offer the Services to you. Nevertheless, every purchase and sale you make through our Store is directly with LuxBay. By accessing the Services, you express your agreement and acknowledgment that Shopify will not be liable for any part of any sales transaction between you and LuxBay, including any injury, damage, or loss caused by purchased products and services. You expressly release Shopify and its subsidiaries from all claims, damages, and liabilities resulting from or related to your transactions and purchases made with LuxBay.

SECTION 10 - PRIVACY POLICY
All personal data we gather using the Services shall be subject to our Privacy Policy, which is available here Refund policy].], and some personal data shall be subject to Shopify's Privacy Policy, which is available here. By accessing or using the Services, you agree that you have read those privacy policies.
Since the Services are being hosted by Shopify, Shopify will collect and process personal data regarding your access to and use of the Services in order to render and enhance the Services to you. Data you provide to the Services will be sent to and stored by Shopify and third parties who may be based outside of the country from which you are accessing this site. Check out our privacy policy Refund policy].] for further information about how we, Shopify, and our partners use your personal data.

SECTION 11 - FEEDBACK
By submitting, uploading, posting, emailing, or otherwise sending any ideas, suggestions, feedback, reviews, proposals, plans, or other materials (collectively, "Feedback"), you give us a worldwide, perpetual, sublicensable, royalty-free right to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. We can, for instance, utilise our rights under this license to operate, provide, evaluate, improve, enhance, promote and develop the Services and to carry out our obligations and exercise our rights under the Terms of Service.
You also warrant and represent that: (i) you possess or have all rights necessary to all Feedback; (ii) you have made any compensation or incentives you may have received in connection with your provision of Feedback known; and (iii) your Feedback will be subject to these Terms. We are and shall be under no obligation (1) to keep your Feedback confidential; (2) to compensate for your Feedback; or (3) to reply to your Feedback.
We may, but are not obligated to, monitor, edit or remove Feedback which we decide in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or infringes any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not infringe any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You also agree that your Feedback will not include libelous or otherwise illegal, abusive or obscene Feedback, or any computer virus or other malware which might have any impact whatever upon the functioning of the Services or any related website. You will not use a false email address, impersonate another person, or otherwise try to deceive us or third-parties as to the source of any Feedback. You shall be entirely liable for any Feedback you submit and its validity. We are not responsible and assume no responsibility for any Feedback you submit or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
From time to time there might be details on or in the Services that are typographical errors, inaccuracies or omissions that could be product descriptions, prices, promotions, offers, shipping charges on products, transit times and availability. We retain the right to correct any error, inaccuracies or omissions, and to modify or update information or cancel orders if any information is not accurate at any point in time without giving any notice (including after you have placed your order).

SECTION 13 - RESTRICTED USES
You can only access and use the Services for legal purposes. You may not access or use the Services, directly or indirectly: (a) for any illegal or malicious purpose; (b) to breach any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or hurt any of our employees or any other person; (e) to send false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not meet the these Terms; (g) to send, or cause to be sent, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to commit any other act that inhibits or restricts anyone's use or enjoyment of the Services, or which, as determined by us, may cause injury to LuxBay, Shopify or users of the Services, or expose them to liability.
Further, you promise not to: (a) post or transmit viruses or any other type of malicious code that will or may be used in any manner that will impact the operation or functionality of the Services; (b) copy, duplicate, reproduce, resell or exploit in any manner any part of the Services; (c) monitor or collect the personal data of other individuals; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or bypass the security features of the Services or any associated website, other websites, or the Internet. We have the right to temporarily or permanently suspend, disable, or terminate your account at any time with or without notice, if we deem that you have breached any term of these Terms.

SECTION 14 - TERMINATION
We may cancel this agreement or your use of the Services (or any portion thereof) at our discretion at any time without notice, and you will still be liable for all payments due through and including the date of cancellation.
The below provisions shall continue to be effective following 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 continue in effect after termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information contained on or through the Services is provided solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of such information. Any use you make of it is at your own risk. We disclaim all liability and responsibility arising from any use you make of such materials by you or any other visitor to the Services, or by anyone else who may be informed of any of its contents.
EXCEPT AS SPECIFICALLY STATED BY LuxBay, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE ACCESSED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT REGARDS TO ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL LuxBay, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, INJURY, 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 OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PROCUREMENT THROUGH THE USE OF THE SERVICES, OR FOR ANY OTHER 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 INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION
You indemnify, defend and hold harmless LuxBay, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers against any losses, damages, liabilities or claims, including reasonable attorneys' fees, paid to any third party arising from or based on (1) your breach of these Terms of Service or the documents they incorporate by reference, (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 claim for which you are entitled to indemnification, subject to a failure to notice promptly not relieving you of your liability unless you are prejudiced substantially. We may at your expense, control the defense and settlement of such claim, including selection of counsel, but will settle no claim involving non-monetary undertakings on your part without your agreement (not unreasonably withheld). You will assist in defending indemnified claims, such as by furnishing pertinent documents.

SECTION 18 - SEVERABILITY
If any of these Terms of Service are found to be illegal, invalid or unenforceable in whole or in part, such provision shall still be enforceable to the maximum extent permitted by law, and the invalid, illegal or unenforceable part shall be severed from these Terms of Service and shall not affect the validity and enforceability of any other provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The non-use or failure by us to enforce or exercise any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
These Terms of Service, as well as any policies or operating rules that we may post on this site or otherwise with respect to the Service, shall be the entire agreement and understanding between you and us and shall govern your use of the Service, and shall supersede 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 inconsistencies in the interpretation of these Terms of Service shall not be construed against the party drafting them.

SECTION 20 - ASSIGNMENT
You may not assign, transfer or delegate this Agreement or any of your rights or obligations under these Terms without our prior written approval, and any attempt will be void. We can transfer, assign, or delegate our Terms and our rights and obligations without notice or consent to you.

SECTION 21 - GOVERNING LAW
These Terms of Service and any other agreements by which we provide you Services shall be construed and governed according to the federal and state or territorial courts within the place where LuxBay has its headquarters. You and LuxBay agree to venue and personal jurisdiction in such courts.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO 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, in our sole discretion, to modify, amend or replace any aspect of these Terms of Service by posting a modification, amendment or replacement on our website. Your responsibility is to visit our website from time to time to look for changes. We may notify you of any significant changes to these Terms as required by law, and those changes will be effective on the date stated in the notice. Your access to or use of the Services after posting of any amendments to these Terms of Service implies agreement to the changes.

SECTION 24 - CONTACT INFORMATION

STORE= LUXBAY

E-mail; nk9574429@gmail.com

Chat Support: 24/7

Business Hours: 9:00 AM to 4:00 PM   (Monday to Friday)

Business Contact:  +1 (863) 227 8475

Business Address:  5900 Balcones Drive suit 100, Austin Texas 78731, United State