Terms of service

Welcome to Lumus Candles. This website is operated by Lumus Candles. By accessing or using our website, you agree to comply with and be bound by the following terms and conditions ("Terms of Service"). Please carefully review these Terms of Service before using our website. Your access to and use of Lumus Candles' services are conditioned upon your acceptance of and compliance with these Terms. These Terms of Service apply to all visitors, users, and others who access or use the service.

By accessing or using Lumus Candles' website, you are engaging in our "Service" and are agreeing to adhere to the specified terms and conditions outlined in this document ("Terms of Service" or "Terms") including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service are applicable to all users of the site, encompassing browsers, vendors, customers, merchants, and content contributors, among others..

We may update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - TERMS APPLICABLE TO ONLINE STORE

By accepting these Terms of Service, you confirm that you have reached the age of majority in your state or province of residence, or that you have obtained parental consent for your minor dependents to use this site.

You are prohibited from using our products for any illegal or unauthorized purposes. Additionally, you must not violate any laws, including copyright laws, in your jurisdiction while using our Service. Transmitting worms, viruses, or any destructive code is strictly prohibited, and any violation of these terms will lead to immediate termination of your services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to deny service to anyone at our discretion and without explanation.

Please be aware that while your content (excluding credit card information) may be transferred unencrypted over various networks, credit card information is always encrypted during transfer. Reproducing, duplicating, copying, selling, reselling, or exploiting any part of the service without our express written permission is strictly prohibited.

The headings used in this agreement are for convenience only and will not limit or affect these Terms in any way.

SECTION 3 - INFORMATION ACCURACY, COMPLETENESS, AND TIMELINESS

We do not guarantee the accuracy, completeness, or timeliness of the information provided on this site. The material on this site is for general information purposes only and should not be the sole basis for decision-making. Relying solely on the material presented on this site is at your own risk.

This site may contain historical information provided for reference purposes. However, it is not current, and we are not obligated to update the information. Monitoring changes to our site is your responsibility.

SECTION 4 - SERVICE MODIFICATIONS AND PRICING CHANGES

Product prices are subject to change without notice. We reserve the right to modify or discontinue the Service, or any part thereof, at any time without notice. We shall not be liable to you or any third-party for any modifications, price changes, suspensions, or discontinuations of the Service.

SECTION 5 - PRODUCTS OR SERVICES 

Certain products or services may be exclusively available online through our website. These items may have limited quantities and are eligible for return or exchange based on our Return & Exchange Policy.

We have made every effort to accurately display the colors and images of our products on the store. However, we do not guarantee that the quality of products, services, information, or other materials purchased or obtained by you will meet your expectations. Additionally, we do not warrant that errors in the Service will be corrected.

Please note that the sale of our products or services may be limited to specific individuals, regions, or jurisdictions. We reserve the right to exercise this restriction on a case-by-case basis. Product descriptions and pricing are subject to change without notice, at our sole discretion. We may discontinue products at any time, and any offers made on this site are void where prohibited.

For a more unique and customized experience, we recommend exploring our diverse range of products and services.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

Our team reserves the right to reject any orders placed with us. We may, at our sole discretion, impose limits on the quantities purchased per person, per household, or per order. These limitations may apply to orders made under the same customer account, credit card, or utilizing identical billing and/or shipping addresses. If we modify or cancel an order, we will attempt to notify you via the email and/or billing address/phone number provided during the order placement. We maintain the right to restrict or disallow orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

You are responsible for providing accurate, current, and complete purchase and account information for all transactions made on our platform. It is your obligation to promptly update your account details, including email address, credit card numbers, and expiration dates, ensuring that we can process your transactions and contact you as required.

SECTION 7 - OPTIONAL TOOLS

We may grant you access to third-party tools, but please note that we neither monitor nor control these tools.

You acknowledge and agree that we offer access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without endorsement. We disclaim any liability arising from or related to your use of these optional third-party tools.

You acknowledge and affirm that our provision of access to such tools is on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind, and without endorsement. We bear no responsibility for any liabilities arising from or connected to your use of optional third-party tools.

Your utilization of the optional tools provided on the site is entirely at your own discretion and risk. It is your responsibility to familiarize yourself with and approve the terms under which these tools are offered by the relevant third-party provider(s).

Furthermore, please note that we may introduce new services and features on the website in the future, including the launch of additional tools and resources. Such new features and services will also be governed by these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials 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, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, 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 any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We cannot guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

You agree that we may, from time to time, remove the Service for indefinite periods or cancel the Service at any time without notice.

Your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are provided 'as is' and 'as available,' without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as expressly stated by us.

In no case shall Lumus Candles, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, 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 the Service or any products procured using the Service, or for any other claim related 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 the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Lumus Candles and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding 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 ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Canada.

SECTION 19 - 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, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@lumus-candles.com.