Terms & Conditions

Terms of Use

Effective Date: May 3rd, 2024

Please read these terms of use (“Agreement” or “Terms”) carefully before using the services offered by Luxemark, Inc DBA Luxeboom.com (“Luxeboom”). This Agreement sets forth the legally binding terms and conditions for your use of the various websites owned and operated by Luxemark, Inc, including, but not limited to, the Luxeboom.com website and domain name (“Sites”), your purchase of the products sold through our Sites (the “Products”), but not your use of such Products, and any other features, content, or applications offered from time to time by Luxeboom.com in connection with the above (collectively, the “Service”). By using the Service in any manner, whether by purchasing Products, or just viewing, visiting, or browsing the Sites and you agree to be bound by this Agreement.

Acceptance of Terms:

By using our Service, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Service. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

Modification of Terms of Use:

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Sites or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Service after we have posted modified Terms on the Sites, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Service. Because our Service is evolving over-time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.

Privacy:

Please review our privacy practices to understand what information we collect and how we use it. Our privacy policy is located at https://Luxeboom.com/privacy-policy/ (the “Privacy Policy”) and is incorporated into these Terms. You acknowledge and agree that your use of the Service is subject to our Privacy Policy.

Registration:

The Products and Services are available only to individuals who are at least 18 years old and capable of forming a binding contract with us. If you want to use certain features of the Service, such as purchasing Products, you’ll have to create an account (“Account”). You can do this through our Sites or through your account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. We may suspend or terminate your Account if the information is not current and up-to-date. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you have knowledge of such activities.

Purchases:

Order Processing

You can purchase Products by placing orders through our Sites. Luxeboom.com reserves the right, in its sole discretion, to refuse to process or to cancel your order in certain circumstances. This may happen, for example, when the Product you ordered is out of stock, there are inaccuracies or errors in Products or pricing information, or Luxeboom.com’s credit and fraud avoidance review identifies problems or in other circumstances that we, in our sole discretion, deem appropriate. Luxeboom.com also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. We will not charge you for orders that we do not process or cancel. If we have already charged you for your order, then we will refund you the amount charged.

Fees and Payment

You will be charged immediately upon placing an order. Luxeboom.com will use commercially reasonable efforts to have orders delivered within the estimated delivery time. However, sometimes items may be delayed due to factors beyond our control, and we will not be liable for any such delays. If you are making payment by credit card, you hereby authorize Luxeboom.com or its third party payment processing service providers to charge your credit card for the price of the Products you have purchased.

Luxeboom.com reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to or use such features, you agree to pay all applicable fees, as described on the Sites in connection with such features. Luxeboom.com reserves the right to change its price list, product and service offerings, and to institute new charges at any time. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges or prices.

Product Descriptions

We attempt to provide accurate descriptions of Products on our Sites. However, there may be inaccuracies in the Product descriptions, or the colors of the Products may vary from one monitor to another. Accordingly, Luxeboom.com does not warrant that the Product descriptions, colors, images, or videos are accurate, complete, reliable, current or error-free. If a Product offered on our Sites is not as described, your sole remedy is to contact us in accordance with our Return Policy.

Pricing and Discount Information

We strive to provide accurate pricing information about Products. We cannot, however, insure against pricing errors. Luxeboom.com reserves the right, at its sole discretion, to refuse to process or cancel any orders placed for a Product whose price was incorrectly posted on the Sites as a result of an error. If this occurs, Luxeboom.com will notify you by email. In addition, Luxeboom.com reserves the right, in its sole discretion, to correct any errors in the listed price on our Sites.

We may display discounts on our Sites in connection with Products. Discounts are calculated using pricing information provided to us by merchants (such as suggested retail prices from the manufacturer, supplier, or the merchant, or an estimated price based on standard industry practice).

Product Availability and Delivery

Our Sites may contain information regarding the availability of the Products. Unfortunately, Luxeboom.com cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In some cases, a Product which may be in stock when a customer places the order may be sold out by the time Luxeboom.com attempts to process the order, or there may be an error in the information about the availability of the Product. Should this happen, Luxeboom.com will notify you by email. If we determine that a Product you ordered is no longer available, we will cancel that item from your order and provide you a full refund towards the canceled Product, if you have already paid for it. We will notify you about the cancellation by email.

Return Policy

Luxeboom.com accepts returns on certain Products on a case-by-case basis. If, however, a Product is listed as final sale, we will not accept returns for such Product, unless it is defective. If a Product offered by Luxeboom.com is defective, please send an email to luxeboom@protonmail.com within 48 hours of receiving the Product. We will either replace the defective product or issue a full refund. For more information on our Return Policy and how we handle Returns, please check our FAQs.

Risk of Loss

The risk of loss and title for such on all items and/or Products purchased from Luxeboom.com pass to you upon our delivery to the carrier.

Ownership of the Sites and Service

All contents of the Service, including but not limited to, the text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available on or through the Service are collectively referred to as “Content”. The Service and Content, and all associated intellectual property rights are the sole and exclusive property of Luxeboom.com and/or its licensors, and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Luxeboom.com. You acknowledge that the Service and Content are protected by copyright, trademark, and other laws of the United States. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.

License Rights

Rights in Content Granted by Luxeboom.com

Subject to your compliance with these Terms, Luxeboom.com grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Service and solely for your personal and non-commercial purposes.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms. The Service (including, but not limited to, any and all Content on the Service, is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service.

Luxeboom.com Rewards

We may offer rewards and discounts to our customers from time to time which may be subject to additional terms and conditions. Please note that regardless of any offers of such rewards, Luxeboom.com reserves the right to change the rewards and discounts, if any, over time without any prior notice.

Feedback

We welcome feedback, comments, user experience and suggestions for improvements to our Service (“Feedback”). You can submit Feedback by emailing us at support@Luxeboom.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Third Party Sites

The Service may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

Luxeboom.com may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by following the instructions on the Sites. The provisions relating to Purchases, Ownership of Site and Services, Export Policy and Restrictions, Feedback, Termination, Warranty Disclaimers, Limitations of Liability, Dispute Resolution and General Terms will survive termination of these Terms.

Warranty Disclaimer Relating to the Service

The Service including, but not limited to, all information, content and any features made available to you through the Service are provided by Luxeboom.com on an “as is” and “as available” basis. Luxemark, Inc, Luxeboom, and Luxeboom.com, and its directors, employees, agents, partners and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; or (c) any content or software available at or through the Service is free of viruses or other harmful components. Your use of the Service is solely at your own risk.

To the full extent permissible by applicable law, Luxeboom.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranties implied by any course of performance or usage of trade. Luxeboom.com does not warrant that the Service, information, content, or any feature made available to you through the Service, Luxeboom.com’s servers or electronic communications sent from Luxeboom.com are free of viruses or other harmful components. Luxeboom.com will not be liable for any damages of any kind arising from the use of the Service, or any other service, or from any information, content, or any features made available to you through the Service.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Warranty Disclaimer relating to the Products

The products (including any software that may be used in such products) included on or otherwise made available to you through the Service are provided by Luxeboom.com on an “as is” and “as available” basis, unless otherwise specified in writing by Luxeboom.com. Luxeboom.com, and its directors, employees, agents, suppliers and partners do not warrant that the products will meet your expectations.

You may be eligible for the manufacturer’s warranties that appear on or with the products you buy. Except for such manufacturer’s warranties, to the full extent permissible by applicable law, Luxeboom.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranties implied by any course of performance or usage of trade. Luxeboom.com does not warrant that the products (including the software that may be used in any products) are free of viruses or other harmful components. Luxeboom.com will not be liable for any damages of any kind arising from the use of any products (including the software that may be used in any products).

Limitation of Liability

In no event shall Luxeboom.com, or its directors, employees, agents, or partners, be liable under contract, tort, strict liability, or any other legal or equitable theory with respect to the Service, including, but not limited to, any content, (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever however arising, (ii) for any bugs, viruses, trojan horses, or the like regardless of the source of origination, (iii) for your reliance on the Service or Product descriptions, or (iv) for any direct damages in excess of, in the aggregate, the greater of: (a) amounts paid or payable by you in connection with the Service; or (b) fifty U.S. dollars ($50.00).

Certain states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Dispute Resolution

Governing Law and Jurisdictional Statement

These Terms and any action related thereto will be governed by the laws of the State of Ohio and the courts in Franklin County Ohio shall have jurisdiction over any and all matters without regard to conflict of laws provisions.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Luxeboom.com and you regarding the Service, including Products, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Luxeboom.com and you regarding the Service, including Products. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Luxeboom.com’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Luxeboom.com may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Luxeboom.com under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Luxeboom.com’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if delivered in writing and signed by a duly authorized representative of Luxeboom.com. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Copyright and Trademark Notices

“Luxeboom” is a trademark of Luxemark, Inc, and Luxeboom.com. The names of any actual companies and products mentioned or at the Sites may be the trademarks of their respective owners.

Contact Information

If you have any questions about these Terms or the Service, please contact Luxeboom.com at:
legalteamsupport@protonmail.com, or at the following regular US Mail address:

Luxemark, Inc.
Legal Team Support
PO Box 3282
Dublin, OH 43017
legalteamsupport@protonmail.com

Effective Date: May 3rd, 2024

Terms & Conditions