General Terms and Conditions of Sale
TERMS OF USE
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OVERVIEW
This website is operated by LYORA. Throughout the site, we use the terms "we", "us" and "our" to refer to LYORA. This website, including all information, tools and services available from this site, is offered by LYORA to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms of Use"), including those terms, conditions and policies
referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including,
without limitation, individuals who are visitors, vendors, customers, merchants, and/or content providers.
Please read these Terms of Use carefully before accessing and using our website. By accessing or using any part of the
Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of
this agreement, then you may not access the website or use any services. If these Terms of Use are considered
an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools which are added to this store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time at this page. We reserve the right to update, change or
replace any part of these Terms of Service by posting updates and/or changes to our website. It is your
responsibility to check this page from time to time for changes. Your continued access to or use of the
website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our
products and services to you.
SECTION 1 – ONLINE STORE TERMS OF SERVICE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or
state and that you are the age of majority in your state or province and that you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction when using the
Service (including but not limited to copyright laws).
You must not transmit any worms, viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL TERMS
We reserve the right to refuse service to anyone at any time and for any reason.
You understand that your content (not including credit card information), may be transferred unencrypted and that this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the
Service or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information on this site is inaccurate, incomplete or outdated. The material on this site is
provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting
more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own
risk.
This site may contain certain historical data. By definition, historical data is not current and is provided for reference purposes only.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any
information contained in this site. You acknowledge that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.
We will not be liable to you or to any third party for any price change, modification, suspension or
discontinuation of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available only online through the website. Quantities of such products or
services may be limited and returns or exchanges may be strictly subject to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of products that appear on the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products or pricing are subject to change at any time without notice, at the sole
discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void
where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the
same customer account, the same credit card, and/or orders that use the same billing and/or shipping
address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address
and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that we
determine to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You
agree to promptly update your account and other information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and contact you as needed. For more information, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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 site is entirely at your own discretion and risk. Additionally, it is your responsibility to
inform yourself about the terms on which tools are provided by the relevant third-party provider(s) and to accept
those terms.
We may also, in the future, offer new services and/or features through the website (including, the release
of new tools and resources). Such new services and/or features shall also be subject to these Terms of Use.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services accessible through our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or
evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any
other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be
directed to the third-party. SECTION 9 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request
from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to compensate anyone for any comments; or (3) to
respond to any comments. 7. We may, but have no obligation to, remove content and Accounts containing content that we determine, in our sole
discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Use.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or intellectual property right. You further agree that your comments
will not contain any 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 e-mail address, pretend to be
someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments
posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through our store is governed by our Privacy Policy. Click here to view our
Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or
cancel orders if any information in the Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website,
including but not limited to, pricing information, except as required by law. No specified update or refresh date applied in the Service or on
any related website, should be taken to indicate that all information in the Service or on any related website has
been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state laws, rules, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender,
sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used to affect the
functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for
violating any of the prohibited uses. SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY We do not guarantee, warrant or represent that your use of our Service will be uninterrupted, secure, timely or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel it at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all
products and services delivered to you through the Service are (except as expressly stated by us) provided
"as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including
all implied warranties or conditions of merchantability or merchantable quality, fitness for a particular purpose, durability, title, and
non-infringement. LYORA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors
shall in no case be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages, including, but not limited to, lost profits, revenue, savings, data, replacement costs, or
other similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your
use of the Service or any service or product using it, 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 arising from the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if you have been advised of the possibility of them occurring.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages,
our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
ARTICLE 14 – COMPENSATION
You agree to indemnify, defend and hold LYORA and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of these
Terms of Use or the documents they incorporate by reference, or your violation of any laws or rights of a third party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.
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SECTION 16 – TERMINATION
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The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service shall continue in effect unless and until terminated by either you or us. You may terminate these
Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail or have failed to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice. You will remain
liable for all amounts due up to and including the date of termination, and we may deny you access to our
Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us 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 and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior and contemporaneous
agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.