Terms of service
Lumiece Terms of Use
Overview
Lumiece LLC (“Lumiece”, “we”, or “us”) operates, hosts, or manages a number of websites, including, without limitation, https://lumiece.com (the “Site”). These Terms of Use (“Terms”), along with our Privacy Policy, apply to your use of the Site and the services, features, and functions that are offered and made available on, through, or using the Site or any other property that links to these Terms (together with the Site, the “Service”).
You must be at least 16 years old to access or use the Service. If you are under the age of 18 (or the age of legal majority where you live), you may only use the Service under your parent or legal guardian’s supervision. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for their use of the Service. By using the Service, you also represent, warrant, and agree that you are able to form a legally binding contract with the Company, you are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction, and you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
Please carefully read these Terms, including the binding arbitration provision contained below under “Arbitration Agreement”, which will require you to submit claims you have against us to binding and final arbitration, unless you opt out of the binding arbitration provision by following the opt-out procedures described below.
By accessing or using the Service, you agree that you have read, understand, and are bound by the terms and conditions set forth herein. If you do not agree to these Terms, you may not use or access the Service.
Modification
We reserve the right, in our sole discretion, to modify, discontinue or terminate the Service and to modify these Terms at any time. If we modify these Terms, we will update the Terms on the Site and will provide notice of the modification either by email or through a general notice on the Site. We will also update the date following “Last updated” at the top of these Terms. By continuing to access or use the Service after we have modified the Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, please cease using the Service.
Privacy
Our Privacy Policy is incorporated by reference into these Terms. Please read it carefully, since it describes, among other things, how we collect and use information from you when you use the Service.
Registration
You may view some parts of the Service without registering, but in order to access and use other parts of the Service, you may be required to register an account with us. You are solely responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. It is your sole responsibility to provide and maintain accurate account information. We reserve the right to suspend or cancel your account at any time for any reason without prior notice to you.
Inventory Available
We do our best to ensure that the physical products you’re ordering (including but not limited to fashion products, timepieces, and watches) are available at the time of purchase. That said, in some instances, a product will become unavailable during the order process, and we will not be able to fulfill your order. We make no guarantees on the availability of products as represented on the Site.
Prices
The price of a product is the price in effect at the time we receive your order. We may change prices from time to time without notice. Occasionally, the Site may have an incorrect price for an item. If that happens, we will notify you before the item has shipped. Default prices are in U.S. dollars unless otherwise indicated. Product prices listed on the Site do not include shipping charges.
Shipping and Delivery
For information on our shipping and delivery policies, please see our Shipping and Return Policy.
All Sales Are Final
All sales are final. No refunds or exchanges will be permitted unless specifically stated otherwise in our Return Policy. If you are concerned about the specifications, features, or sizing for a particular watch or fashion item, please refer to the provided product guidelines before purchasing.
Typographical Errors
We are not responsible for typographical errors. Although every effort is made to warrant that the information detailed on the Site is accurate, from time to time a typographical error may appear as it applies to, but is not limited to, price, model name, style number, and description. Please accept our apologies for such errors, and we will make corrections as such errors are found.
Gift Cards
Lumiece gift cards (“Gift Cards”) are not credit or debit cards and have no implied warranties. Gift Cards are not redeemable for cash unless required by law and cannot be used to make payments on any charge account. We reserve the right to deactivate or reject any Gift Card issued or procured in connection with fraudulent actions, unless prohibited by law. To check the balance of a Gift Card, contact support at support@lumiece.com.
Ownership
Unless otherwise stated herein, we and our licensors are the sole owners of the Service and all of its content, including, without limitation, all information, services, features, functions, copyrights, trademarks, and other intellectual property rights. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the Lumiece name, logos, or domain names without express written consent.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements. You may submit Feedback by emailing us at support@lumiece.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Lumiece.
Use Restrictions
While using the Service you agree to comply with all applicable laws, rules, and regulations. You agree that when using the Service you will not:
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Post, upload, publish, submit or transmit any content that infringes on intellectual property rights, violates laws, is fraudulent, defamatory, discriminatory, violent, or promotes illegal activities.
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Transmit any software, virus, malware, or code intended to interrupt or destroy any part of the Service.
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Access, tamper with, or use non-public areas of the Service or our technical delivery systems.
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Use any automated means (robot, spider, script) to extract, download, scrape, or circumvent the Service.
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Use the Service to send unsolicited advertising, spam, or chain letters.
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Impersonate anyone else or falsely state your affiliation with any person or entity.
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Engage in criminal or tortious activity (hacking, phishing, fraud, stalking, harassing).
Copyright
If you are a copyright owner, please report alleged infringements to Lumiece’s Designated Copyright Agent by providing a DMCA Notice of Alleged Infringement to: support@lumiece.com. Your notice must include the identification of the copyrighted work, the infringing content, your contact information, a statement of good faith belief regarding the unauthorized use, and your signature.
Disclaimer of Warranties
You expressly agree that use of the service and reliance on the content is at your own risk. The service and all products sold or purchased are provided “as is” and “as available” without warranties of any kind. Lumiece explicitly disclaims all warranties, including merchantability, fitness for a particular purpose, quiet enjoyment, and title. Lumiece makes no representations that the service will be error-free, uninterrupted, accurate, complete, or free of viruses. The entire risk as to the quality and performance of items remains with you.
Limitation of Liability
To the fullest extent permitted by law, Lumiece shall not be liable to you for any compensatory, consequential, incidental, indirect, special, exemplary, or punitive damages, including lost profits, loss of data, or system failure arising out of your use of the service. In no event will Lumiece’s aggregate liability arising out of these terms exceed the amounts you have paid to Lumiece in the twelve (12) months prior to the action giving rise to the liability or one hundred dollars ($100.00 USD), whichever is greater.
Indemnity
You agree to defend, indemnify, and hold harmless Lumiece and its employees, officers, directors, agents, and service providers from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of your use of the Service or any violation of these Terms.
Arbitration Agreement
Please carefully review this section on the Site regarding binding arbitration, class action waivers, and the procedures for resolving disputes. If you wish to opt-out of the agreement to arbitrate, you must notify us in writing within 30 days of becoming subject to this provision by emailing support@lumiece.com.
Third-Party Sites
The Service may contain links to third-party websites. We have no control over such websites and are not responsible for their availability, content, or any damages incurred from their use.
Termination
We may immediately, without prior notice, suspend or terminate your use of and access to the Service or terminate these Terms at our sole discretion, for any reason, without liability.
Applicable Law
These Terms will be construed and enforced under the laws of the State of New York. The exclusive jurisdiction and venue for disputes will be the state and federal courts located in the Central District of California.
Waiver; Severability
Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement. If any provision is held invalid or unenforceable, it shall not affect the remaining provisions, which will continue in full force and effect.
Survival
Notwithstanding any other provision, any provision that imposes continuing obligations on you or Lumiece will survive the termination of these Terms.
Questions or Comments
If you have any questions or comments about these Terms or the Service, please contact us at support@lumiece.com.