TERMS OF SERVICE

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OVERVIEW

Welcome to Lumiere Arts! The terms “we,” “us,” and “our” refer to Lumiere Arts. Lumiere Arts operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a carefully curated shopping experience (the “Services”). Lumiere Arts is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (collectively, the “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including disclaimers of warranties and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are of legal age in your state or province of residence and that you have consented to allow any minor dependents under your care to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing, browsing our online stores, or purchasing any products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have the legal right to provide such information.

You are solely responsible for maintaining the confidentiality of your account login information and for all activities associated with your account. You may not transfer, sell, license, or allow any other individual to use your account.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide accurate descriptions of our products and services in our online stores. However, please note that product colors or appearance may differ from what is displayed on your screen depending on the type of device you use to access the store and the settings and configurations of that device.

We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be identical to the images displayed in our online store.

All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any individual, geographic region, or jurisdiction, as applicable.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Lumiere Arts reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will only be considered accepted once Lumiere Arts confirms its acceptance. We must receive and process your payment before an order is accepted.

Please carefully review your order before submitting it, as Lumiere Arts may not be able to process cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number you provided when placing the order.

Your purchases are eligible for refunds or returns only in accordance with our Refund Policy [LINK].

You represent and warrant that the products you purchase are for personal or household use and are not intended for commercial resale or export.

SECTION 4 – PRICES AND PAYMENT

Prices, discounts, and promotional offers may change without prior notice. The price charged for a product or service will be the price in effect at the time you place your order and will be shown in your order confirmation email.

Unless expressly stated otherwise, listed prices do not include taxes, shipping fees, handling fees, customs duties, or import fees.

Prices listed in our online stores may differ from prices offered at physical stores or other online or retail stores operated by third parties. From time to time, we may offer promotional programs applicable to the Services that may affect pricing and may be governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotional terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through 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 necessary.

You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you are legally authorized to use the credit card for the purchase; (iii) charges incurred by you will be approved by your credit card issuer; and (iv) you will pay all charges incurred at the listed prices, including applicable shipping, handling, and taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for any delays in shipping or delivery. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by carriers, customs clearance procedures, or events beyond our control.

Immediately upon our delivery of the product to the carrier, title and risk of loss will transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, branding, text, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement of such elements, are owned by Lumiere Arts, our affiliates, or our licensors and are protected by patent, copyright, and other intellectual property laws of the United States and internationally.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not copy, distribute, modify, create derivative works from, publicly display, publicly perform, reproduce, download, store, or transmit any materials from the Services without our prior written consent.

Unless expressly provided herein, nothing in these Terms shall be construed as granting you any license or right to any patent, trademark, copyright, or other intellectual property rights of Lumiere Arts, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Lumiere Arts.

The name, logo, product and service names, designs, and slogans of Lumiere Arts are trademarks of Lumiere Arts or its affiliates or licensors. You may not use such trademarks without the prior written permission of Lumiere Arts.

The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, products, services, designs, and slogans appearing on the Services are the intellectual property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to third-party tools as part of the Services. We do not control, monitor, or interfere with these tools.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions and without any endorsement from us.

We shall have no liability arising from or relating to your use of optional third-party tools.

Your use of such tools is entirely at your own risk and discretion, and you should ensure that you understand and agree to the terms under which such tools are provided by the relevant third-party provider.

We may also offer new features through the Services in the future, including the release of new tools and resources. Any new features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may include materials and links to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.

We are not responsible for any loss or damage arising from your access to third-party websites or from your purchase or use of any products, services, resources, or content on such websites.

Please carefully review the policies and practices of third parties and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This section accurately reflects the relationship between Shopify and your store and should not be deleted or modified.]

Lumiere Arts is powered by Shopify, which enables us to provide the Services to you. However, all purchases you make through our Store are transactions directly with Lumiere Arts.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Lumiere Arts, including any loss, damage, or injury arising from the products and services purchased.

You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or relating to your transactions and purchases with Lumiere Arts.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services will be subject to our Privacy Policy, which can be viewed here: [LINK]. Certain personal information may also be governed by Shopify’s Privacy Policy, available here.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted on Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services for you.

Information you submit through the Services may be transmitted to and shared with Shopify and third parties that may be located in countries other than your country of residence in order to provide services to you.

Please see our Privacy Policy at [LINK] for more information about 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, reviews, proposals, plans, or other materials (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes.

We may, for example, use the rights granted under this license to operate, provide, evaluate, upgrade, improve, and promote the Services, and to exercise our rights and perform our obligations under these Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and (iii) your Feedback will comply with these Terms.

We have no obligation to keep your Feedback confidential, compensate you for your Feedback, or respond to your Feedback.

We may, but are not required to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, objectionable, or infringing upon the intellectual property rights of any party or otherwise violating these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other proprietary rights.

You further agree that your Feedback will not contain defamatory or unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any Feedback.

You are solely responsible for any Feedback you provide and for the accuracy of its content. We assume no responsibility or liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, shipping times, or product availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted an order.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly, to:

(a) engage in any unlawful or malicious activity;
(b) violate any international, federal, provincial, or local regulation, law, or statute;
(c) infringe or violate our intellectual property rights or those of third parties;
(d) harass, abuse, insult, harm, defame, slander, disparage, threaten, or discriminate against our employees or any other person;
(e) transmit false or misleading information;
(f) upload, receive, transmit, download, use, or reuse any material that does not comply with these Terms;
(g) submit or arrange to submit any advertising or promotional materials, including “junk mail,” “chain letters,” “spam,” or similar solicitations;
(h) impersonate or attempt to impersonate another person or organization; or
(i) engage in any other conduct that interferes with or restricts another person’s use or enjoyment of the Services or that, in our judgment, may harm Lumiere Arts, Shopify, or users of the Services, or expose them to legal liability.

You further agree not to:

(a) upload or transmit viruses or any type of malicious code that may be used in any way to affect the functionality or operation of the Services;
(b) copy, reproduce, duplicate, extract, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, pretext, or otherwise attempt to exploit the Services;
(e) use any robot, spider, data-mining or extraction tool, device, automated process, AI tool (such as agentic AI), or manual or automated method to access the Services; or
(f) interfere with, circumvent, or bypass any security or authorization measures, robot exclusion headers, or other measures we use to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1

This section (“Agent Terms”) applies if you use, authorize, enable, or cause an Agent to access, use, or interact with any Services.

“Agent” means any software or service that performs actions automatically or semi-automatically on behalf of or at the direction of any individual or organization and may operate on behalf of that individual or using that individual’s device without direct supervision.

14.2

No Agent may access, use, or interact with the Services unless, at all times, the Agent identifies itself and strictly complies with the requirements set forth in Section 14.4 below.

In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent stop accessing, using, or interacting with any Services.

14.3

We may impose limitations, including technical measures, on how and to what extent an Agent may access, use, or interact with the Services.

14.4

An Agent must:

(i) identify in every HTTP/HTTPS request that the request is being sent by an Agent and disclose the Agent’s name by including the following string in the user agent field: “Agent/[agent name]”;

(ii) not conceal or misrepresent access, use, or interaction performed by the Agent, such as:
(a) simulating human behavior or interaction patterns; or
(b) completing or bypassing CAPTCHAs or measures designed to distinguish humans from computers;

(iii) respond truthfully to any questions or verification requests intended to determine whether the interaction is being performed by a human or a computer; and

(iv) not evade or circumvent any measures designed to block, limit, regulate, or control the Agent’s access to, use of, or interaction with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, at our sole discretion at any time without notice, and you will remain responsible for payment of all fees due up to and including the date of termination.

The following sections will survive 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 survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness