Terms of Service

OVERVIEW

Welcome to Lumera Collections! Throughout these terms, "we," "us" and "our" refer to Lumera Collections. Lumera Collections runs this website and store, along with all related content, features, tools, products and services, to give you, the customer, a tailored shopping experience (the "Services"). Lumera Collections is powered by Shopify, which allows us to deliver these Services to you.

The terms and conditions below, together with any policies they reference (collectively, these "Terms of Service" or "Terms"), set out your rights and obligations when using the Services.
Please read these Terms of Service closely, as they contain important legal information, including warranty disclaimers and limitations on liability.

By visiting, using or interacting with our Services in any way, you agree to be bound by these Terms of Service and our Privacy Policy. If you don't agree with either, please don't access or use our Services.

SECTION 1 - ACCESS AND ACCOUNTS

By agreeing to these Terms, you confirm you've reached at least the age of majority in your state or province, and that you consent to any minor dependents using the Services on devices you own, buy, or manage.

Using the Services — whether browsing our store or purchasing products — may require you to share certain details, such as your email, billing, payment and shipping information. You confirm that any information you provide is accurate, current and complete, and that you're entitled to share it.

Keeping your account credentials secure is entirely your responsibility, as is all activity under your account. Accounts may not be transferred, sold, assigned or licensed to anyone else.

SECTION 2 - OUR PRODUCTS

We put effort into accurately representing our products and services online. That said, colours or appearance may vary depending on the device you're using and its display settings.

We can't guarantee that a product's appearance or quality will match your expectations or exactly reflect how it's shown in our store.

Product descriptions may change at any time, at our sole discretion and without notice. We also reserve the right to discontinue products or limit quantities available to any person, region, or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

Placing an order is an offer to purchase, which Lumera Collections may accept or decline at its discretion for any reason. Orders aren't confirmed until we accept them, and payment must be received and processed first. Please double-check your order before submitting it, as cancellations may not be possible once an order has been accepted. If we're unable to accept, need to modify, or cancel your order, we'll try to reach you via the email, billing address, or phone number provided at checkout.

Any returns or exchanges are governed solely by our Refund Policy.
You confirm that your purchases are intended for personal or household use only, not for resale or commercial export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions may change without notice. You'll be charged the price in effect when your order is placed, as reflected in your order confirmation email. Unless stated otherwise, listed prices exclude taxes, shipping, handling, customs and import fees.
Prices in our online store may differ from those in physical stores or other retailers, whether online or offline. We may run promotions from time to time with their own separate terms; where those terms conflict with these Terms, the promotion's terms apply.

You agree to keep your purchase, payment and account details accurate and current, including your email address and card details, so we can process transactions and reach you when needed.

You confirm that: (i) any card details you provide are accurate and complete, (ii) you're authorised to use that card for the purchase, (iii) your card provider will honour the charges, and (iv) you'll pay all charges at the listed prices, including shipping, handling and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We aren't liable for shipping or delivery delays. Delivery timeframes are estimates only, not guarantees, and we're not responsible for delays caused by carriers, customs, or other factors beyond our control. Once products are handed to the carrier, title and risk of loss transfer to you.

SECTION 6 - INTELLECTUAL PROPERTY

Everything that makes up our Services — trademarks, branding, text, imagery, graphics, product reviews, video, audio, and how it's all designed, arranged and selected — belongs to Lumera Collections, its affiliates or licensors, and is protected under applicable patent, copyright and intellectual property laws.

These Terms only permit personal, non-commercial use of the Services. You may not copy, distribute, alter, create derivative works from, publicly display or perform, republish, download, store or transmit any Services content without our prior written approval. Nothing here grants you any licence or rights under Lumera Collections', Shopify's, or any third party's patents, trademarks, copyrights or other intellectual property, except as explicitly stated. Misusing the Services in this way may breach intellectual property law. Any rights not expressly granted remain reserved by Lumera Collections.

Our names, logos, product names, designs and slogans are trademarks belonging to Lumera Collections or its affiliates/licensors, and may not be used without our prior written consent. Shopify's own branding belongs to Shopify. All other names, logos and branding appearing on the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

Certain third-party tools may be made available to you through the Services, which we don't monitor or control.

These tools are provided "as is" and "as available," without any warranties, guarantees, or endorsement from us, and we bear no liability for your use of them.

Using any optional third-party tools is entirely at your own risk, and it's your responsibility to understand and agree to the relevant provider's terms.

We may introduce new features or tools in future, which will also fall under these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Our Services may include content or links pointing to third-party websites, including embedded third-party features. We don't review or vouch for the accuracy of any third-party content, and visiting such sites is done at your own risk.
We're not liable for any harm arising from your use of third-party sites, or from products, services or content you access through them. Be sure to review the relevant third party's own policies before transacting with them. Any concerns about third-party products or services should be directed to that third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]

Lumera Collections is powered by Shopify, which helps us deliver the Services to you. However, all sales made through our store are between you and Lumera Collections directly. By using the Services, you acknowledge that Shopify bears no responsibility for any aspect of these sales, including any injury, loss or damage resulting from products or services purchased. You release Shopify and its affiliates from any claims, damages or liabilities connected to your transactions with Lumera Collections.

SECTION 10 - PRIVACY POLICY

Any personal information gathered through the Services is handled under our Privacy Policy, viewable here, and some information may also be subject to Shopify's Privacy Policy, viewable here. Using the Services means you've read and acknowledged both policies.
Because Shopify hosts our Services, it collects and processes information about your use of them to help deliver and improve the Services. Any details you submit will be shared with Shopify and possibly other third parties, some located in different countries from where you live, in order to provide these services. See our Privacy Policy for further detail on how we, Shopify, and our partners handle your personal information.

SECTION 11 - FEEDBACK

If you send us any ideas, suggestions, feedback, reviews or proposals (collectively, "Feedback"), you grant us a perpetual, worldwide, royalty-free, sublicensable licence to use, copy, modify, publish and distribute that Feedback for any purpose, commercial or otherwise — including to run, improve, and promote the Services.
You also confirm that: (i) you own or have full rights to the Feedback you provide; (ii) you've disclosed any compensation you received for it; and (iii) it complies with these Terms. We're under no obligation to keep your Feedback confidential, compensate you for it, or respond to it.
We may (but aren't obligated to) monitor, edit or remove Feedback we consider unlawful, offensive, threatening, defamatory, obscene, or otherwise inappropriate, or that breaches these Terms or someone's intellectual property.
You agree your Feedback won't infringe on anyone else's rights — copyright, trademark, privacy or otherwise — and won't include unlawful, abusive or obscene material, or any malicious code. You also agree not to falsify your identity or mislead us or others about the origin of your Feedback. You're solely responsible for your Feedback and its accuracy; we accept no liability for Feedback submitted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Our Services may occasionally contain typographical errors, inaccuracies or omissions relating to product details, pricing, promotions, shipping costs, delivery times or availability. We reserve the right to correct these, update information, or cancel orders affected by inaccuracies at any time, without notice, even after an order has been placed.

SECTION 13 - PROHIBITED USES

You agree to use the Services lawfully only, and not to: (a) engage in unlawful or malicious activity; (b) breach any applicable regulations or laws; (c) infringe our intellectual property or that of others; (d) harass, abuse, defame or harm our staff or others; (e) share false or misleading information; (f) transmit material that breaches these Terms; (g) send spam, chain letters, or unsolicited promotional material; (h) impersonate any person or entity; or (i) act in a way that interferes with others' use of the Services or that we determine could harm Lumera Collections, Shopify, or other users.

You also agree not to: (a) upload viruses or malicious code; (b) copy, resell or exploit any part of the Services; (c) collect or track others' personal data; (d) engage in phishing, spidering, crawling or scraping; or (e) bypass or interfere with the Services' security features. We may suspend, disable or close your account at any time, without notice, if we believe you've breached these Terms.

SECTION 14 - TERMINATION

We may end this agreement or your access to the Services at our sole discretion, at any time, without notice. You'll remain responsible for any outstanding amounts owed as of the termination date.

Sections covering Intellectual Property, Feedback, Termination, Warranty Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other clauses meant to survive termination will remain in effect afterward.

SECTION 15 - DISCLAIMER OF WARRANTIES

Information on the Services is provided for general purposes only, and we don't guarantee its accuracy, completeness or usefulness. Relying on it is entirely at your own risk, and we disclaim liability for any reliance placed on it by you or anyone else.

EXCEPT WHERE EXPRESSLY STATED BY LUMERA COLLECTIONS, THE SERVICES AND ALL PRODUCTS OFFERED ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE OR NON-INFRINGEMENT. WE DON'T GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DON'T ALLOW THESE DISCLAIMERS, SO THEY MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LUMERA COLLECTIONS NOR OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, WILL BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES — INCLUDING LOST PROFITS, REVENUE, SAVINGS, DATA, OR REPLACEMENT COSTS — ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THEM, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Lumera Collections, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims (including reasonable legal fees) arising from: (1) your breach of these Terms; (2) your violation of any law or third-party right; or (3) your use of the Services.

We'll notify you of any claim requiring indemnification, though a delay in doing so won't waive your obligations unless it causes you material harm. We may control the defence and settlement of such claims at your expense, though we won't settle in a way that imposes non-monetary obligations on you without your reasonable consent. You agree to cooperate with our defence, including by providing relevant documentation.

SECTION 18 - SEVERABILITY

If any part of these Terms is found unlawful, void or unenforceable, that provision will still be enforced to the fullest extent the law allows, and will be considered severed from the rest of the Terms, without affecting the validity of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any part of these Terms doesn't waive our right to do so later.
These Terms, along with any policies posted by us, form the entire agreement between you and us regarding your use of the Services, superseding any earlier agreements or communications, written or oral (including previous versions of these Terms).
Any ambiguity in interpreting these Terms won't be held against whichever party drafted them.

SECTION 20 - ASSIGNMENT

You may not transfer, assign or delegate this agreement or your rights and obligations under it without our prior written consent; any attempt to do so is void. We, however, may assign, transfer or delegate these Terms without needing your consent or providing notice.

SECTION 21 - GOVERNING LAW

These Terms, and any related agreements for our Services, are governed by the laws of the jurisdiction where Lumera Collections is headquartered, and you agree to the jurisdiction and venue of the courts there.

SECTION 22 - HEADINGS

Section headings are included purely for convenience and don't affect the interpretation of these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

The most current version of these Terms is always available on this page.
We may update, modify or replace any part of these Terms at our discretion by posting changes to our website. It's your responsibility to check back periodically. We'll notify you of material changes as required by law, and such changes take effect on the date specified. Continuing to use the Services after changes are posted means you accept them.