Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Lonumi. Throughout this website, the terms “we,” “us,” and “our” refer to Lonumi. Lonumi operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience. Lonumi is powered by Shopify, which enables us to provide these services.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use our website and services.

Please read these Terms of Service carefully, as they include important information regarding your legal rights and cover areas such as warranties, disclaimers, and limitations of liability.

By visiting, interacting with, or using our website or services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or our Privacy Policy, you should not access or use our website or services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given us your consent to allow any of your minor dependents to use this website or services on devices that you own, purchase, or manage.

To use certain parts of our website or services, including 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 information, payment information, and shipping information.

You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible on our online store. However, please note that product colors, appearance, packaging, or details may vary depending on the device, screen settings, or browser you use to access the store.

We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be exactly as shown or described on our online store.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We may also limit the quantities of any product or service offered to any person, region, or jurisdiction on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Lonumi reserves the right to accept or reject your order for any reason, at our sole discretion.

Your order is not accepted until Lonumi confirms acceptance. We must receive and process your payment before accepting your order.

You should carefully review your order before completing your purchase, as Lonumi may not be able to process cancellation requests after an order has been accepted or processed.

If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at the time the order was placed.

Returns and exchanges are handled only in accordance with our Return and Refund Policy.

You represent and warrant that your purchase is for personal or household use only and not for resale or commercial export.

SECTION 4 — PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed 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 charges.

Prices listed on our online store may differ from prices offered through physical retail locations, other online stores, or third-party marketplaces.

From time to time, we may offer promotions through our website or services. These promotions may be subject to additional terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will apply.

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 numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

The credit card or payment information you provide is true, accurate, and complete.

You are authorized to use the payment method provided.

Charges incurred by you will be honored by your credit card company or payment provider.

You will pay all charges incurred by you at the listed prices, including shipping, handling, and any applicable taxes or fees.

SECTION 5 — SHIPPING AND DELIVERY

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

We are not responsible for delays caused by shipping carriers, customs processing, weather, incorrect shipping information, high order volume, or events outside our control.

Once products are transferred to the shipping carrier, title and risk of loss pass to you, unless otherwise required by applicable law.

SECTION 6 — INTELLECTUAL PROPERTY

Our website and services, including but not limited to trademarks, brand names, text, images, graphics, product reviews, videos, audio, layout, design, selection, and arrangement, are owned by Lonumi, its affiliates, or licensors, and are protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.

These Terms allow you to use our website and services for personal, non-commercial use only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from our website or services without our prior written consent.

Except as expressly stated in these Terms, nothing in these Terms grants you any license or rights under any patent, trademark, copyright, or other intellectual property rights of Lonumi, Shopify, or any third party.

Unauthorized use of our website or services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by Lonumi.

The Lonumi name, logo, product names, service names, designs, and slogans are trademarks of Lonumi or its affiliates or licensors. You may not use these trademarks without prior written permission from Lonumi.

The Shopify name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans displayed on the website or services are trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide you with access to third-party tools as part of our services. We do not monitor, control, or have input over these tools.

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

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

Any use of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and agree to the terms under which such tools are provided by the relevant third-party providers.

We may also offer new features, tools, or resources through the website or services in the future. Such new features will also be considered part of the services and will be subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

Our website and services may contain materials or links to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for reviewing or evaluating the content, accuracy, policies, or practices of any third-party materials or websites you choose to access.

If you leave our website or services to access third-party materials or websites, you do so at your own risk.

We are not responsible for any harm or damages related to your access to third-party websites or your purchase or use of any products, services, resources, or content from third-party websites.

Please carefully review third-party policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Lonumi is powered by Shopify, which enables us to provide our website and services. However, any sale or purchase made through our store is made directly with Lonumi.

By using our website and services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Lonumi, including any injury, damage, or loss resulting from the purchase of products or services.

You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchase or transaction with Lonumi.

SECTION 10 — PRIVACY POLICY

All personal information we collect through our website and services is subject to our Privacy Policy, which can be found here: [INSERT PRIVACY POLICY LINK].

Certain personal information may also be subject to Shopify’s Privacy Policy.

By using our website and services, you acknowledge that you have read our Privacy Policy.

Because our website and services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the website and services in order to provide and improve them.

Information you submit through our website may be transmitted to and shared with Shopify and other third parties, which may be located outside your country of residence, in order to provide the services.

Please review our Privacy Policy for more information about how Lonumi, Shopify, and our partners use your personal information.

SECTION 11 — COMMENTS AND FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content, collectively referred to as “Comments,” you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium for any purpose, including commercial use.

We may use this license to operate, provide, evaluate, improve, optimize, and promote our website and services, and to fulfill our obligations and exercise our rights under these Terms of Service.

You represent and warrant that:

You own or have all necessary rights to your Comments.

You have disclosed any compensation or incentive received in connection with submitting your Comments.

Your Comments comply with these Terms.

We are under no obligation to:

Keep your Comments confidential.

Pay compensation for your Comments.

Respond to your Comments.

We may, but are not obligated to, monitor, edit, or remove Comments that we determine, in our sole discretion, are unlawful, offensive, threatening, defamatory, pornographic, obscene, objectionable, or that violate any party’s intellectual property rights or these Terms of Service.

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

You also agree that your Comments will not contain defamatory, unlawful, abusive, or obscene material, or any computer virus or malware that could affect the operation of our website, services, or any related website.

You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties regarding the origin of any Comment.

You are solely responsible for any Comments you make and their accuracy. We assume no liability for any Comments posted by you or any third party.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or through our website or services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or 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 without prior notice, including after you have submitted your order.

SECTION 13 — PROHIBITED USES

You may access and use our website and services only for lawful purposes.

You may not access or use our website or services, directly or indirectly:

For any unlawful or malicious purpose.

To violate any international, federal, state, provincial, or local law, regulation, rule, or ordinance.

To infringe or violate our intellectual property rights or the intellectual property rights of others.

To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person.

To transmit false or misleading information.

To knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms.

To transmit or procure the sending of advertising or promotional material, including spam, chain letters, junk mail, or similar solicitations.

To impersonate or attempt to impersonate any person or entity.

To engage in conduct that restricts or inhibits anyone’s use or enjoyment of our website or services, or that may harm Lonumi, Shopify, or users of the services, or expose them to liability.

You also agree not to:

Upload or transmit viruses or any malicious code.

Reproduce, duplicate, copy, scrape, sell, resell, or exploit any part of our website or services.

Collect or track the personal information of others.

Spam, phish, pharm, pretext, or otherwise misuse the website or services.

Use robots, spiders, scraping tools, data mining tools, automated systems, artificial intelligence tools, or manual processes to access the website or services without authorization.

Interfere with or circumvent any security features, access restrictions, robots exclusion headers, or other measures we use to restrict access to the website or services.

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

SECTION 14 — AGENTS

This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with our website or services.

“Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the instruction of any person or entity, and that may operate on behalf of or using a person’s device without direct supervision.

No Agent may access, use, or interact with our website or services unless, at all times, it identifies itself and operates in strict compliance with the requirements of this section.

No Agent may access, use, or interact with our website or services if we have requested that the Agent refrain from doing so.

We may limit, including through technical measures, any Agent’s access to, use of, or interaction with our website or services.

Agents must:

Identify in every HTTP/HTTPS request that the request comes from an Agent and disclose the Agent’s name by including the following in the user-agent request string: “Agent/[agent name]”.

Not hide or create confusion about whether access, use, or interaction comes from an Agent, including by imitating human behavior or interaction patterns, or completing or bypassing CAPTCHA or other measures intended to distinguish computer use from human use.

Truthfully respond to any question or instruction designed to determine whether interactions are from a human or a computer.

Not bypass, avoid, or circumvent any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with our website or services.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to our website or services, or any part of them, at our sole discretion at any time without notice.

You will remain liable for all amounts due up to and including the date of termination.

The following sections will survive any termination:

Intellectual Property, Comments and 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 should survive termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

The information presented on or through our website and services is provided for general informational purposes only.

We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

We disclaim all liability arising from any reliance placed on such materials by you, any other visitor to our website or services, or anyone informed of any of their contents.

Unless expressly stated by Lonumi, our website, services, and all products offered through them are provided “as is” and “as available” for your use, without any representation, warranty, or condition of any kind, whether express or implied.

This includes, but is not limited to, implied warranties or conditions 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 our website or services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions limit or do not allow the exclusion of implied warranties or other warranties, so some of the above disclaimers may not apply to you.

SECTION 17 — LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall Lonumi, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from your use of any of our website or services or any product purchased through them.

This also includes any claim related in any way to your use of our website or services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage incurred as a result of using our website, services, content, or products made available through them, even if advised of the possibility of such damages.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Lonumi, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including attorneys’ fees, payable to any third party due to or arising from:

Your breach of these Terms of Service or the documents incorporated by reference.

Your violation of any law or the rights of a third party.

Your access to or use of our website or services.

We will notify you of any indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of such claim at your expense, including choosing counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld.

You agree to cooperate in the defense of indemnification claims, including by providing relevant documents.

SECTION 19 — SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity or enforceability of the remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure 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, together with any policies or operating rules posted by us on this website or with respect to our services, constitute the entire agreement and understanding between you and us and govern your use of the website and services.

They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.

Any ambiguity in the interpretation of these Terms of Service shall not be interpreted 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. Any attempted assignment without consent 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 of Service and any separate agreements through which we provide you services shall be governed by and interpreted in accordance with the laws applicable to the jurisdiction where Lonumi is established, unless otherwise required by applicable consumer protection laws.

You and Lonumi agree to submit to the jurisdiction and venue of the competent courts as required by applicable law.

SECTION 23 — HEADINGS

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

SECTION 24 — CHANGES TO THESE TERMS OF SERVICE

You can review the most current version of these 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 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 as required by applicable law. Such changes will take effect on the date specified in the notice.

Your continued use of or access to our website or services after any changes are posted constitutes acceptance of those changes.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

contacto@lonumi.com