Terms of Service

Lux Physique

Overview

Welcome to Lux Physique! The terms “we”, “us” and “our” refer to Lux Physique LLC, doing business as Lux Physique. Lux Physique LLC 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 (the “Services”). Lux Physique is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

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

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. 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 at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.

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

Section 2 — Our Products

We make every effort to provide an accurate representation of our products in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device and display settings.

We do not warrant that the appearance or quality of any product purchased will meet your expectations or be identical to how it is depicted in 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 and to limit the quantities of any product offered to any person, geographic region, or jurisdiction.

Section 3 — Orders

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason at our discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or refund solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use, and not for commercial resale or export.

Section 4 — Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time your order is placed, as shown in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices in our online store may differ from prices offered through other channels. From time to time we may offer promotions governed by separate terms; if there is a conflict between promotion terms and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information, and to promptly update this information as needed so that we can complete your transactions and contact you.

You represent and warrant that: (i) any payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method provided; (iii) charges incurred will be honored by your card issuer; and (iv) you will pay all charges at the posted prices, including shipping, handling, and applicable taxes.

Section 5 — Shipping and Delivery

We are not liable 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, or events outside our control. Once a product is transferred to the carrier, title and risk of loss passes to you. For estimated delivery timelines, please see our Shipping Policy.

Section 6 — Intellectual Property

Our Services, including all trademarks, brands, text, images, graphics, product reviews, video, and audio, and their design, selection, and arrangement, are owned by Lux Physique, its affiliates, or licensors, and are protected by U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. Unauthorized use may violate federal and state intellectual property laws. All rights not expressly granted are reserved by Lux Physique.

Lux Physique’s names, logos, and slogans are trademarks of Lux Physique or its affiliates. You must not use these trademarks without prior written permission. Shopify’s name, logo, and related marks are trademarks of Shopify. All other trademarks on the Services belong to their respective owners.

Section 7 — Optional Tools

You may be given access to tools provided by third parties as part of the Services, which we neither monitor nor control.

Such tools are provided “as is” and “as available,” without warranties of any kind, and we have no liability arising from your use of them. Use of optional third-party tools is entirely at your own risk, and you should review the relevant third party’s own terms before use.

We may introduce new features or tools in the future. Any such features will be considered part of the Services and subject to these Terms.

Section 8 — Third-Party Links

The Services may contain links to third-party websites. We are not responsible for examining or evaluating the content or accuracy of any third-party site, and accessing such sites is at your own risk. We are not liable for any harm related to your use of third-party websites or their products and services. Please review the policies of any third party before transacting with them.

Section 9 — Relationship with Shopify

Lux Physique is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make through our store are made directly with Lux Physique. Shopify is not responsible for any aspect of sales between you and Lux Physique, including any injury, damage, or loss resulting from purchased products. You release Shopify and its affiliates from all claims, damages, and liabilities arising from your purchases and transactions with Lux Physique.

Section 10 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s own Privacy Policy. By using the Services, you acknowledge that you have read both.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. Information you submit may be transmitted to and shared with Shopify and other third parties, including those located in other countries. See our Privacy Policy for more detail.

Section 11 — Feedback

If you submit any ideas, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute that Feedback for any purpose, including commercial use.

You represent and warrant that you own or have the necessary rights to your Feedback, that you have disclosed any compensation received in connection with it, and that it complies with these Terms. We have no obligation to keep Feedback confidential, compensate you for it, or respond to it.

We may, but are not obligated to, monitor, edit, or remove Feedback we determine to be unlawful, offensive, or otherwise objectionable. You agree that your Feedback will not violate any third party’s rights, contain unlawful or abusive content, or misrepresent your identity.

Section 12 — Errors, Inaccuracies, and Omissions

The Services may occasionally contain typographical errors or inaccuracies relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct such errors and to change, update, or cancel orders at any time without prior notice, including after an order has been submitted.

Section 13 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services to: violate any law or regulation; infringe our intellectual property or that of others; harass, abuse, or harm any person; transmit false or misleading information; send spam or unsolicited promotional material; impersonate any person or entity; or engage in conduct that restricts or harms others’ use of the Services or exposes us or others to liability.

You also agree not to: upload viruses or malicious code; reproduce, duplicate, or exploit any portion of the Services without authorization; collect or track others’ personal information; use bots, scrapers, or automated tools (including AI agents) to access the Services; or bypass any security or access-control measures we employ. We reserve the right to suspend or terminate your account at any time, without notice, for violation of these Terms.

Section 14 — Agents

This section applies if you use, enable, or cause the deployment of an “Agent” — any software that takes autonomous or semi-autonomous action on your behalf to access or interact with the Services.

No Agent may access or interact with the Services unless it identifies itself and operates in accordance with the requirements below, and not if we have requested that it refrain from doing so. We may limit, including through technical measures, how any Agent accesses or interacts with the Services.

Agents must: identify themselves as an Agent in all requests (including in the user agent string); not conceal that interactions are automated, including by mimicking human behavior or bypassing CAPTCHAs; respond truthfully to any prompt seeking to determine whether an interaction is human or automated; and not circumvent any measure intended to control how Agents access the Services.

Section 15 — Termination

We may terminate these Terms or your access to the Services, in our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections 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 provision that by its nature should survive.

Section 16 — Disclaimer of Warranties

Information presented through the Services is made available for general informational purposes only. We do not warrant its accuracy, completeness, or usefulness, and any reliance on it is at your own risk.

EXCEPT AS EXPRESSLY STATED BY LUX PHYSIQUE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

Section 17 — Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LUX PHYSIQUE, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 18 — Indemnification

You agree to indemnify, defend, and hold harmless Lux Physique, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, and licensors from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising out of: (1) your breach of these Terms; (2) your violation of any law or third-party right; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim. We may control the defense and settlement of such a claim at your expense, but will not settle any claim requiring a non-monetary obligation from you without your consent. You agree to cooperate in the defense of any indemnified claim.

Section 19 — Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remainder of these Terms will remain in full force and effect.

Section 20 — Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms, along with any policies referenced herein, constitute the entire agreement between you and Lux Physique regarding the Services, superseding any prior agreements or communications, whether oral or written.

Section 21 — Assignment

You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. We may assign or transfer these Terms without restriction.

Section 22 — Governing Law

These Terms of Service, and any separate agreements under which we provide you Services, shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law provisions. You and Lux Physique consent to the exclusive jurisdiction and venue of the federal and state courts located in Nevada.

Section 23 — Headings

Headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Section 24 — Changes to These Terms

You can review the most current version of these Terms at any time on this page.

We reserve the right to update or replace any part of these Terms by posting changes to our website. It is your responsibility to check periodically for updates. We will notify you of any material changes as required by applicable law. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

Section 25 — Contact Information

Questions about these Terms of Service should be sent to us at

info@luxphysique.com

Our contact information is below:

Lux Physique LLC

info@luxphysique.com