Terms of service
Terms of Service
Overview
Welcome to LumiGems! The terms “we”, “our”, and “us” refer to LumiGems. LumiGems operates this store and website, including all order-related information, content, features, tools, products, and services, to provide you with a curated shopping experience (the “Service”). LumiGems is powered by Shopify, which enables us to offer the Service.
The following Terms of Service, together with any policies mentioned herein (the “Terms” or “Agreement”), set out your rights and responsibilities when using the Service.
Please read these Terms carefully—they contain important information about your legal rights, including disclaimers and limitations of liability.
By accessing, using, or interacting with the Service, you agree to be bound by these Terms and our Privacy Policy [link]. If you do not agree to these Terms or the Privacy Policy, you should not use or access the Service.
Section 1 – Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you have permitted any of your minor dependents to use the Service on devices you own, purchase, or manage.
To use the Service, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide through our store is correct, current, and complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or authorize any other person to use your account.
Section 2 – Our Products
We have made every effort to display our products and services accurately in the online store. However, please note that due to the type of device you use to access the store and its settings and configurations, colors and product appearance may appear differently on your screen than in reality.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or match the display or presentation in our online store.
All product descriptions are subject to change at any time without notice, and the final interpretation remains with us. We reserve the right to discontinue any product at any time and to limit the quantities of any products we offer to any person, geographic region, or jurisdiction on a case‑by‑case basis.
Section 3 – Orders
When you place an order, you are making an offer to purchase. LumiGems reserves the right to accept or reject your order for any reason at our sole discretion. Your order is not binding until LumiGems confirms its acceptance. Your order will only be accepted after we have received and processed your payment. Please review your order carefully before submitting it; once accepted, LumiGems may not be able to accept cancellation requests. If we do not accept, modify, or cancel your order, we will attempt to contact you using the email, billing address, and/or phone number you provided at checkout.
Your purchase may only be returned or exchanged in accordance with our Refund Policy [link].
You represent and warrant that your purchase is for personal or household use only and not for commercial resale or export.
Section 4 – Pricing and Billing
Prices, discounts, and promotions are subject to change without notice. The price of a product or service is the price in effect at the time the order is placed and will be listed in your order confirmation email. Unless otherwise expressly stated, stated prices do not include taxes, shipping, handling, duties, or import fees.
Prices published in our online store may differ from prices in physical stores, online stores operated by third parties, or other outlets. We may offer promotional pricing from time to time, which may be subject to additional terms. If promotional terms conflict with these Terms, the promotional terms will control.
You agree to provide current, complete, and accurate purchase, payment, and account information when making a purchase in our store. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you as needed.
You represent and warrant that (1) the credit card information you provide is true, correct, and complete; (2) you are duly authorized to use that credit card for the purchase; (3) your credit card company will honour the charges you incur; and (4) you will pay the published prices, including shipping and handling fees and all applicable taxes, if any.
Section 5 – Shipping and Delivery
We are not liable for any shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or circumstances beyond our control. Once we hand over the product to the carrier, title and risk of loss pass to you.
Section 6 – Intellectual Property
The Service, including but not limited to all trademarks, brands, text, display content, images, graphics, product reviews, video and audio, and their design, selection, and arrangement, are owned by LumiGems, 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 Service only for your personal, non‑commercial use. You may not copy, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any materials from the Service without our prior written consent. Except as expressly provided, nothing in these Terms shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of LumiGems, Shopify, or any third party. Unauthorised use of the Service may violate federal and state intellectual property laws. LumiGems reserves all rights not expressly granted herein.
The name LumiGems, its logo, product and service names, designs, and slogans are trademarks of LumiGems or its affiliates or licensors. You may not use such marks without the prior written permission of LumiGems. The name Shopify, its logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Service are the property of their respective owners.
Section 7 – Optional Tools
You may be provided with access to third‑party tools that are part of the Service, but we do not monitor or control them and cannot intervene in their operation.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third‑party tools.
Any use by you of optional tools offered through the Service is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms of the relevant third‑party providers.
In the future, we may also offer new features through the Service (including new tools and resources). Such new features shall also be considered part of the Service and shall be subject to these Terms.
Section 8 – Third‑Party Links
The Service may contain materials and hyperlinks to websites operated by third parties (including any embedded third‑party features). We are not responsible for reviewing or evaluating the content or accuracy of any third‑party materials or websites you choose to access. If you leave the Service to access these materials or third‑party websites, you do so at your own risk.
We shall not be liable for any damage or loss arising from your access to any third‑party website or your purchase or use of any products, services, resources, or content on any third‑party website. Please carefully review and understand the policies and terms of third parties before entering into any transaction. Any complaints, claims, concerns, or questions regarding third‑party products or services should be directed to the third party.
Section 9 – Relationship with Shopify
[Merchant note: This section accurately describes the relationship between Shopify and your store. Please do not delete or modify it.]
LumiGems is powered by Shopify, which enables us to provide the Service. However, any sales and purchases made in our store are conducted directly with LumiGems. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and LumiGems, including any injury, damage, or loss arising from the purchase of products or services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or relating to your purchase or dealings with LumiGems.
Section 10 – Privacy Policy
All personal information we collect through the Service is subject to our Privacy Policy, which is available here [link], and certain personal information may also be subject to Shopify’s Privacy Policy, which is available here. By using the Service, you acknowledge that you have read and understood this Privacy Policy.
Because the Service is hosted by Shopify, Shopify processes personal information about your access and use of the Service to provide and improve the Service. Information you submit to the Service will be transferred to Shopify and possibly to third parties in countries other than your country of residence to enable the Service. Please review our Privacy Policy [link] for more information on how we, Shopify, and our partners use your personal information.
Section 11 – Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sub‑licensable, royalty‑free license to use, copy, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes. For example, we may use the rights granted under this license to operate, provide, evaluate, enhance, improve, and promote the Service, as well as to fulfil our obligations and exercise our rights under these Terms.
You also represent and warrant that: (1) you own or have all necessary rights in the Feedback; (2) you have disclosed any compensation or reward related to the submission; and (3) your Feedback complies with these Terms. We are under no obligation: (1) to keep your Feedback confidential; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your Feedback will not violate any third‑party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory 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 Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
Section 12 – Errors, Inaccuracies, and Omissions
The information in the Service may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to change or update information or cancel orders if any information is inaccurate, without prior notice (including after you have submitted your order).
Section 13 – Prohibited Uses
You may access and use the Service only for lawful purposes. You may not, directly or indirectly, access or use the Service: (1) for any unlawful or malicious purpose; (2) to violate any international, federal, provincial, or state regulation, rule, law, or local ordinance; (3) to infringe upon or violate our intellectual property or the intellectual property of others; (4) to harass, abuse, insult, harm, defame, disparage, intimidate, or injure any of our employees or any other person; (5) to disseminate false or misleading information; (6) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (7) to send or cause to be sent any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; (8) to impersonate or attempt to impersonate any other person or entity; or (9) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or that, as determined by us, may harm LumiGems, Shopify, or users of the Service, or expose them to liability.
Additionally, you agree not to: (1) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Service; (2) copy, reproduce, extract, sell, resell, or exploit any part of the Service; (3) collect or track the personal information of others; (4) send spam, phishing, or pretexting messages or otherwise abuse the Service; (5) use any robot, spider, crawler, scraping, data mining, automated device, process, AI tool (such as agentic AI), or automatic or manual means to access the Service; or (6) interfere with, circumvent, or bypass any security, authorisation features, robot exclusion headers, or other measures we have implemented to restrict access to the Service. If we believe you have violated any part of these Terms, we reserve the right to suspend, disable, or terminate your account at any time without notice.
Section 14 – Agents
14.1 This Section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Service. “Agent” means any software or service that can take autonomous or semi‑autonomous action on behalf of or at the direction of any individual or entity and can use or perform actions on an individual’s device without direct supervision.
14.2 No Agent may access, use, or interact with the Service unless it always identifies itself and operates strictly in accordance with Section 14.4 below. Furthermore, no Agent may access, use, or interact with any Service if we require that the Agent not do so.
14.3 We may restrict any Agent’s access to, use of, or interaction with the Service, including through technical measures.
14.4 An Agent must: (1) in all HTTP/HTTPS requests, identify that the request originates from an Agent and disclose the Agent’s name in the request’s User‑Agent string by including “Agent/[Agent name]”; (2) not conceal or obscure the fact that access, use, or interaction comes from an Agent, for example by (a) imitating human behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or other measures designed to distinguish computers from humans; (3) truthfully answer any questions or prompts intended to determine whether the interaction comes from a human or a computer; and (4) not circumvent or otherwise evade any measures intended to prevent, restrict, modify, or control how Agents access, use, or interact with the Service.
Section 15 – Termination
We may, in our sole discretion, terminate this Agreement or your access to the Service (or any part thereof) at any time without notice, but you will remain liable for all amounts due up to and including the date of termination.
Upon termination, the following Sections shall survive: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.
Section 16 – Disclaimer of Warranties
The information provided through the Service is for general informational purposes only. We do not warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Service, or anyone who may be informed of its contents.
Unless otherwise expressly stated by LumiGems, the Service and all products provided through the Service are provided to you “as is” and “as available” without any representations, warranties, or conditions of any kind, either express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non‑infringement. We do not warrant, represent, or guarantee that your use of the Service will be uninterrupted, timely, secure, or error‑free. Some jurisdictions limit or do not allow the exclusion of implied warranties or other types of warranties, so the above disclaimer may not apply to you.
Section 17 – Limitation of Liability
To the fullest extent permitted by law, LumiGems, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to 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 Service or any products procured through 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 through the Service, even if advised of their possibility.
Section 18 – Indemnification
You agree to indemnify, defend, and hold harmless LumiGems, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, claims, or demands (including reasonable attorneys’ fees) made by any third party due to or arising out of: (1) your breach of these Terms or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access and use of the Service.
We will notify you of any claim requiring indemnification, but failure to receive notice promptly shall not relieve you of your indemnification obligations unless you are materially prejudiced by such failure. We may control the defence and settlement of any such claim, at your expense, including the selection of counsel, but we will not settle any claim that requires a non‑monetary obligation from you without your consent (which shall not be unreasonably withheld). You shall cooperate in the defence of any claim requiring indemnification, including by providing relevant documents.
Section 19 – Severability
If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 20 – Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this website or in connection with 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).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 21 – Assignment
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
Section 22 – Governing Law
These Terms and any separate agreement whereby we provide you the Service shall be governed by and construed in accordance with the laws of the jurisdiction in which LumiGems is headquartered, and the federal and state or territorial courts located in that jurisdiction. You and LumiGems agree to submit to the personal jurisdiction of such courts.
Section 23 – Headings
The headings used in this Agreement are for convenience only and shall not limit or otherwise affect these Terms.
Section 24 – Changes to Terms
You can review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes your acceptance of those changes.
Section 25 – Contact Information
If you have any questions about these Terms, please send them to us at: david19980825@outlook.com.
Our contact details are as follows:
[Insert trading name]
david19980825@outlook.com