Terms of service
WELCOME TO LUMIMOUSSE
We are LumiMousse (referred to as “we”, “us”, and “our” throughout the Site) and these terms and conditions of use (“Terms and Conditions”) apply to our online retail store and related online services (the “Services”.) Our online retail store and related online services are run and operated by us from our website (the “Site”) which is powered by Shopify™ and operated from our backend store.
This Policy sets out our terms and conditions relating to your use and rights (and limitations thereof) to use and access our Services. A brief reading effort is required in order to understand your warranties and liabilities in connection with your use of our Services. Please take a few minutes to read through the entire Policy.
This website is governed by and subject to our Terms of Use and our Privacy Policy. By using this website, you affirmatively indicate your consent to these terms and conditions. If you do not agree to any of these terms and conditions, please do not use the website.
SECTION 1 – ACCESS AND YOUR ACCOUNT
By using this web site, you agree to be bound by these Terms of Use. You must be at least the legal age of majority in your province or territory of residence to use this Site. If you are a minor, do NOT use this web site to gain access to the Site unless you have permission from your parents or guardian.
When you're shopping with us or just browsing around, our systems may log your email address, your billing and shipping details etc. We ask that you ensure that all information provided to us is accurate, current and that you have the necessary permissions to payment methods used.
We ask that you keep your account information confidential, take responsibility for any and all usage of the account, and never share, sell or give away your account to another person temporarily or permanently.
SECTION 2 – PROHIBITED USES
Our Service must be used only in a lawful and appropriate manner. You must not use this site to:
Do anything illegal or harmful
Violate any laws or regulations
Infringe on our (or anyone else's) intellectual property
Violate any federal, state, or local law or regulation.
Spread false or misleading information
Send spam or unsolicited promotions
Impersonate someone else
Post content that is harassing, fraudulent, inflammatory, or otherwise objectionable.
You also may not:
Upload malware or malicious code
Scrape, copy, or exploit any part of the Services
Collect other people's personal information
Using bots, other automated tools, including AI agents to access and/or use the Services and/or Information and/or UserContent and/or Matter on the Website and/or Platform without authorization.
Do your best to hack around our security measures.
Abiding by our terms of service is a requirement for using the service. We reserve the right to suspend or cancel your account if you fail to comply with these terms without prior warning.
SECTION 3 – AUTOMATED AGENTS
If you use, or allow others to use, automated software, programs, tools, AI, or Bots on PAI Systems Services from your account, or allow someone to access your account logins to do the same, this Policy applies. An “Agent” is defined as any software that operates autonomously or semi-autonomously on your behalf, without constant, direct human oversight.
"Any Agent that uses our Services must read these terms and conditions first. Alternatively, you must be complying with any terms of use on our website and any restrictions on our website that we may impose from time to time."
Agents must:
Embed "Agent/[agent name]" in the user agent string in all their HTTP/HTTPS requests.
Do not pretend to be a human user and engage in abusive behavior, and also do not attempt to bypass CAPTCHAs.
Be a Real Human - Truthfully answer prompts asking if you are a bot or a human.
Don’t try to circumvent the access limitations/controls put in place to restrict an Agent’s access to certain things.
SECTION 4 – THIRD-PARTY TOOLS
As part of our Services, we may provide you access to third-party provided tools and applications. We do not control these third-party tools and products and give no warranty, express or implied, as to their performance, reliability, accuracy, or merchantability. Tools and products are provided “as is.”
Any tools we provide to you to use on your Space are provided “as is” and “as available.” You use them at your own risk. When third-party tools are provided to you for use in your Space, you should make sure you have read and understood the terms and conditions under which any such tools are provided and licensed to you. This Terms of Service agreement will apply to any new features or services offered, from time to time, together with these Terms.
SECTION 5 – THIRD-PARTY LINKS
Our website may from time to time contain links to third party websites / materials. We shall not be held responsible for any material on any website which we link to any Materials contained in this Website, and accordingly we shall not be liable for any products or services offered through them. If you decide to access any third party website a click on a link to such site from our Website or otherwise, you do so at your own will and risk and you must read and comply with the terms and conditions and privacy statements applicable to any third party website.
We accept no responsibility or liability for any aspect of your visit to third party web sites or for your purchase of any products or services by third parties linked from this web site, including their privacy practices. Before making any purchase from a third party web site, please review their privacy policies. Any complaints and legal issues must be addressed directly to the third party retailers concerned.
SECTION 6 – PRIVACY POLICY
We only collect and use personal information as detailed in our Privacy Policy. Since we are hosted online in a store on shopify.com, some information may also be subject to Shopify's Privacy Policy. Please read both agreements prior to using our Services.
By providing Your Information, you consent to Your Information being transferred to, and being stored and processed, in the United States of America and elsewhere around the world by us, our affiliates and collaborators and with our partners such as Shopify and other third parties with whom we work to provide the Services, and to be governed by the laws of The United States of America. For more information, please review our privacy policy].
SECTION 7 – OUR RELATIONSHIP WITH SHOPIFY
LumiMousse is powered by Shopify for displaying our online store, our store is hosted on Shopify which provides the e-commerce platform that allows us to sell our products and services to you.By using any of the LumiMousse Services, you agree that Shopify and its affiliates shall not be held responsible in any way for any purchases made through the LumiMousse online store, and you hereby release and hold Shopify and its affiliates harmless from any and all claims arising from such transaction.
SECTION 8 – OUR PRODUCTS
Our products are displayed as accurately as possible but it must be realised that actual colors and appearance can differ from those displayed on screen. Color and appearance can be affected by the screen, your settings and the display device. We cannot guarantee actual appearance against displayed images.
We update the information on our products at will. We also reserve the right to discontinue any of our products listed and to limit the quantity sold to any one customer or geographic area.
SECTION 9 – ORDERS
Your offer to buy an item through our website generates an order. We may choose to accept or reject an order for any reason. We can list an item on our website and subsequently choose to cancel a purchase offer for that item. An order is not accepted until we advise that it has been accepted and until payment has been received in full.
We encourage you to double check your order before proceeding to the payment page to place your order, as all orders are considered paid and final at the time of submission. We can’t guarantee changes after we’ve placed your order with payment. However, if any changes or cancellations are necessary on our end, you will be notified with alternative solutions before any changes are made. Please make sure to double check your contact information as it will be used to inform you of any changes or updates to your order.
Returns and exchanges follow our Refund Policy.
Please ensure the product you are purchasing is for personal or household use only and not for resale or export.
SECTION 10 – PRICES AND BILLING
All prices, discounts and promotions can change at any time but for all orders, you will be charged the price that was displayed at the time of ordering. This price will be displayed in your confirmation email. Prices on this website do not include taxes, postage, packaging or any other charges that may be made by governments or customs agencies in the country of destination for customs inspection and/or import clearance.
Our prices may differ from those at retail or from other websites. From time to time we offer promotions with some different terms and conditions of sale. If these terms and conditions of sale conflict with these Terms and Conditions, the promotion terms and conditions shall prevail.
We urge all customers to keep their billing and payment information up-to-date to ensure a smooth transaction. By purchasing from this website, you confirm that your card information is correct and that you have authority to make the charge(s). You also understand that you are responsible for the complete and timely payment of all items purchased, including any applicable taxes or shipping costs.
SECTION 11 – SHIPPING AND DELIVERY
We aim to dispatch all orders as quickly as possible however we cannot guarantee delivery times and on occasion there may be a delay. This could be caused by a number of reasons including the carriers, customs or circumstances outside of our control. Under these circumstances we are unable to take responsibility for delayed delivery.
The risk of loss and title to the goods, once delivered to the carrier, shall pass to you.
SECTION 12– INTELLECTUAL PROPERTY
All content on this website, including but not limited to text, images, graphics, logos, product descriptions, videos, and website design, is the property of LumiMousse or its content suppliers and is protected by applicable copyright, trademark, and intellectual property laws.
You may not reproduce, distribute, modify, transmit, display, perform, publish, license, create derivative works from, or sell any content from this website without prior written consent from LumiMousse Any unauthorized use of our intellectual property may result in legal action. All trademarks, logos, and service marks displayed on this website are the property of their respective owners. Use of these marks without permission is strictly prohibited.
We reserve the right to remove or restrict access to any user who violates these intellectual property rights.
SECTION 13 – FEEDBACK
We appreciate your submissions of testimonials, feedback and suggestions. Please note that by submitting such content you grant LumiMousse a royalty-free, worldwide, and irrevocable, perpetual license to use, reproduce, modify, create derivative works from, display and distribute said content in connection with any LumiMousse media and operations.
You confirm that any content you submit does not violate the rights of any third party.
We require that all feedback be owned or licensed by you, fully accurate and reliable, and that you adequately disclose any products or payments relating to the topic of a submission. Please keep in mind, you acknowledge that we may use, feature, edit, and delete any submitted User Generated Content (UGC) at will, and that we are under no obligation to keep any feedback confidential, to pay you for any content you create during the Site submitted, or to respond to any feedback submitted by you. You can view the full Terms of Use here.
We may (but not necessarily) review, edit and/or delete any feedback at any time and for any reason that we consider appropriate. Your participation on the Site is subject to our terms and conditions of use. Please be respectful, accurate and considerate in your comments, and avoid contributing anything that would infringe someone else's rights.
SECTION 14 – ERRORS AND INACCURACIES
We are human beings, and as such we sometimes make errors. These errors may occur in the information that we have put out on our website in terms of the prices, product information, promotions, or the shipping information. Due to our human nature, we may keep taking orders based on the incorrect information and then we would reserve the right to adjust the information at any time and make the necessary corrections to an order even after it has been placed.
SECTION 15 – FORCE MAJEURE
LumiMousse shall not be held liable for any failure or delay of its obligations under these Terms and Conditions if such failure or delay is caused by events beyond our reasonable control.
Events may include, but are not limited to: natural disasters, war, terrorism, civil unrest, strikes, labor disputes, supply chain disruptions, carrier delays, customs delays, pandemics, government actions or interruptions to utilities or communication networks.
In the event of a Force Majeure situation, LumiMousse reserves the right to suspend or delay fulfillment, delivery or other obligations without liability. We will make reasonable efforts to continue normal operations as soon as possible.
By using our Services, you acknowledge and agree that LumiMousse shall not be responsible for delays or failures caused by such events.
SECTION 16 – TERMINATION
We reserve the right to terminate or deny your access to the Services at any time, for any reason. You will be responsible for repayment of all outstanding amounts of credit under these Terms and Conditions up to the date of termination.
Not all of these Terms may be severable in every instance; however, terms and conditions concerning Intellectual Property Rights, Feedback, EXCLUSION OF LIABILITY, INDEMNIFICATION AND OTHER PROVISIONS THAT LOGICALLY SHOULD SURVIVE MAY CONTINUE TO APPLY AFTER ANY TERMINATION OR EXPIRATION.
SECTION 17 – DISCLAIMER OF WARRANTIES
We provide information on the site for your assistance; however, we cannot guarantee that it will be complete, accurate or helpful. You must use your own judgment and seek a second opinion where necessary.
Our Services and products are provided on an "as is" and "as available" basis without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or satisfactory quality and fitness for a particular purpose, or that the functions contained in the Services will be uninterrupted or error-free, or that this website or the server from which it is made available are free of viruses or other harmful properties. Some states or jurisdictions do not allow certain exclusions. The foregoing may not apply to you if you reside in such states or jurisdictions.
SECTION 18 – LIMITATION OF LIABILITY
LumiMousse, its partners, employees, affiliates, agents and its service providers (and those of Shopify) make no guarantees or promises regarding the use of Our Services/This Website and any product you may purchase through us. In the fullest extent permitted by law LumiMousse hereby disclaims and excludes all express and/or implied warranties and representations including without limitation any warranty of satisfactory quality and fitness for purpose. In the fullest extent permitted by law, LumiMousse shall not be liable to you or any third party for any loss or damage however caused (including direct, indirect, consequential, speculative or incidental losses or damages arising from your use of, or inability to use, Our Services/This Website, whether or not we have been advised of or could have foreseen such possibility, including but not limited to any loss or damage caused by (i) viruses, malware, trojans etc., (ii) website maintenance, (iii) downtimes, errors, bugs or any technical problems, (iv) any content posted, e-mailed or otherwise transmitted by you or others to the website (including but not limited to errors, omissions, defamation, obscenity or inaccuracy of posted information), (v) any information (whether or not correct) that may be provided by LumiMousse, its partners, employees, affiliates, or its agents or service providers or those of Shopify to you in person, by telephone, by post, by e-mail or otherwise, (vii) loss of data, (viii) loss of business opportunities).
SECTION 19 – INDEMNIFICATION
You will be responsible for any claim, loss or fee resulting from any action or inaction you take in relation to this website and these Terms and Conditions. If you breach any of these Terms and Conditions, violate the rights of third parties, or misuse these Services, you will be responsible for any and all claims, losses, and fees, including reasonable attorney's fees, resulting from such breach or violation, or such misuse of these Services. This section shall also apply to any claims or actions by affiliated or related businesses of LumiMousse, Shopify and their affiliates, employees, and representatives.
We will advise you of any claim and defend same at your expense where applicable. We will not agree to a settlement which requires a non-monetary component without your consent, however you cannot unreasonably withhold such consent. Our goal is to work cooperatively with you through this process.
SECTION 20 – SEVERABILITY
In the event any Term hereof is held to be invalid, unenforceable or otherwise invalid under applicability laws to such Term, such invalidity, unenforceability or invalidity shall not affect, impair or otherwise invalidate any other provisions hereof which shall continue in full force and effect to the fullest extent permitted by law.
SECTION 21 – WAIVER AND ENTIRE AGREEMENT
Just to clarify, an agreement isn't enforced by failing to enforce a particular term at times.
THE TERMS, TOGETHER WITH ANY POLICIES WE POST ON THE SITE, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US AND SUPERCEDE ANY AND ALL PRIOR OR CONTEMPORARY WRITTEN OR ORAL AGREEMENTS COVERED HEREUNDER AND MAY NOT BE MODIFIED EXCEPT IN WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF OUR COMPANY.
No capitalisation and readable language of these Terms will ever mean that any words have been given a ‘favourable’ or better meaning when interpreting these Terms.
SECTION 22 – ASSIGNMENT
These Terms and any associated User Terms are not assignable by you without our prior written consent, unless such assignment is to an acquirer of all or substantially all of your organization’s assets (in which case the assignee must agree to comply with these Terms). We may assign these Terms and any associated User Terms without your consent to any entity at our discretion.
SECTION 23 – GOVERNING LAW
These Terms and Conditions shall be construed in accordance with United States law and any disputes arising herefrom shall be submitted to the jurisdiction of courts located in the state of California, United States, headquarters of LumiMousse.
SECTION 24 – HEADINGS
Disclaimer: The section titles were put in to help you search. I have not rephrased any part of the text.
SECTION 25 – CHANGES TO THESE TERMS
We may update, modify and/or amend these Terms at any time and without prior notice. You can review the most current Terms and Conditions on this webpage. For any material changes to the Terms, we may be required to notify you in a specified manner. Such changes will automatically take effect on the date such changes are posted on our website, unless stated otherwise. By continuing to use any of the Services after we post any changes, you agree to the updated Terms. Please review these Terms on occasion to stay informed.
SECTION 26 – CHARGEBACK AND PAYMENT DISPUTES
By placing an order with LumiMousse you agree to contact us first to resolve any issue before initiating a chargeback or dispute with your bank or payment provider.
We are committed to resolving disputes quickly and fairly. Filing a chargeback without first contacting us may be considered a violation of this agreement.
If a chargeback is initiated after a refund has already been issued or for a product that has been delivered, we reserve the right to dispute the claim and provide evidence of delivery and communication with the customer.
SECTION 27 – NON-REFUNDABLE SITUATIONS
Refunds will not be issued under the following circumstances:
- Incorrect shipping address provided by the customer
- Delays caused by shipping carriers, customs, or external factors outside our control
- Failure to track or collect the package
- Refusal of delivery
- Minor variations in product appearance that do not affect functionality
By completing a purchase, you acknowledge and accept these conditions.
SECTION 28 – DELIVERY RESPONSIBILITY
Once an order has been marked as delivered by the shipping carrier, LumiMousse is no longer responsible for lost or stolen packages.
Customers are responsible for ensuring a secure delivery location. If a package is marked as delivered but cannot be located, customers must contact the shipping carrier directly to file a claim.
SECTION 29- REFUND REQUIREMENTS
To be eligible for a refund, customers may be required to return the item to our designated return address. Refunds will only be processed after the returned item has been received and inspected. We reserve the right to deny refunds if the returned item is used, damaged, or not in its original condition.
SECTION 30- ORDER CANCELLATIONS
Orders may only be canceled within 24 hours of being placed. After this period, orders are processed and cannot be modified or canceled. By placing an order you agree to these terms.
SECTION 31- FRAUD PREVENTION
We reserve the right to cancel, hold or refuse any order that appears suspicious or high risk. Additional verification may be required before processing certain orders, including identity confirmation. If fraudulent activity is suspected, we reserve the right to report it to the appropriate authorities and payment providers.
SECTION 32 – GET IN TOUCH
Store Address: 9547 Snowy Springs Circle, Elk Grove California 95758, United States
Store Email: info@lumimousse.com
Store Phone: 916-404-0947
Customer Service Hours: Monday to Friday: 9:00 AM – 7:00 PM (PST)
We try out best to e-mail between 1-2 business days