Luxair Cooker Hoods
Terms & Conditions
Terms & Conditions
Luxair Cooker Hoods T&Cs
Welcome to Luxair Cooker Hoods Limited! The terms “we”, “us” and
“our” refer to Luxair Cooker Hoods Limited. Luxair Cooker Hoods Limited
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”).
Luxair Cooker Hoods Limited 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 [LINK]. If you do not
agree to these Terms of Service or 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 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 stores or
purchasing any of the products or services 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
the information you provide in our stores 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 of your account activity. You
may not transfer, sell, assign, or license your account to any other
person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products
and services in our online stores. However, please note that colors or
product appearance may differ from how they may appear on your screen
due to the type of device you use to access the store and your device
settings and configuration. We do not warrant that the appearance or
quality of any products or services purchased by you will meet your
expectations or be the same as depicted or rendered in our online
stores. All descriptions of products 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 may limit the quantities of any
products that we offer to any person, geographic region or jurisdiction,
on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Luxair Cooker
Hoods Limited reserves the right to accept or decline your order for any
reason at its discretion. Your order is not accepted until Luxair
Cooker Hoods Limited confirms acceptance. We must receive and process
your payment before your order is accepted. Please review your order
carefully before submitting, as Luxair Cooker Hoods Limited may be
unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, make a change to, or cancel an
order, we will attempt to notify you by contacting the e‑mail, billing
address, and/or phone number provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK]. 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 for a product or service will be the price in effect at
the time the order is placed and will be set out in your order
confirmation email. Unless otherwise expressly stated, posted prices do
not include taxes, shipping, handling, customs or import charges. Prices
posted in our online stores may be different from prices offered in
physical stores or in online or other stores operated by third parties.
We may offer, from time to time, promotions on the Services that may
affect pricing and that are governed by terms and conditions separate
from these Terms. If there is a conflict between the terms for a
promotion and these Terms, the promotion terms will govern. You
agree to provide current, complete and accurate purchase, payment and
account information for all purchases made at our stores. 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 (i) the credit card information you provide is true,
correct, and complete, (ii) you are duly authorized to use such credit
card for the purchase, (iii) charges incurred by you will be honored by
your credit card company, and (iv) you will pay charges incurred by you
at the posted prices, including shipping and handling charges and all
applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and 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 we transfer products to the carrier, title and
risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text,
displays, images, graphics, product reviews, video, and audio, and the
design, selection, and arrangement thereof, are owned by Luxair Cooker
Hoods Limited, its affiliates or licensors and are protected by U.S. and
foreign patent, copyright and other intellectual property laws. These
Terms permit you to use the Services for your personal, non-commercial
use only. You must not reproduce, distribute, modify, create derivative
works of, publicly display, publicly perform, republish, download,
store, or transmit any of the material on the Services without our prior
written consent. Except as expressly provided herein, nothing in these
Terms grants or shall be construed as granting a license or other rights
to you under any patent, trademark, copyright, or other intellectual
property of Luxair Cooker Hoods Limited, Shopify or any third party.
Unauthorized use of the Services may be a violation of federal and state
intellectual property laws. All rights not expressly granted herein are
reserved by Luxair Cooker Hoods Limited. Luxair Cooker Hoods
Limited’s names, logos, product and service names, designs, and slogans
are trademarks of Luxair Cooker Hoods Limited or its affiliates or
licensors. You must not use such trademarks without the prior written
permission of Luxair Cooker Hoods Limited. Shopify’s name, logo, product
and service names, designs and slogans are trademarks of Shopify. All
other names, logos, product and service names, designs, and slogans on
the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties
as part of the Services, 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 the optional tools offered
through the site is entirely at your own risk and discretion and you
should ensure that you are familiar with and approve of the terms on
which tools are provided by the relevant third-party provider(s). We
may also, in the future, offer new features through the Services
(including the release of new tools and resources). Such new features
shall also be deemed part of the Services and are subject to these Terms
of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or
operated by third parties (including any embedded third party
functionality). We are not responsible for examining or evaluating the
content or accuracy of any third-party materials or websites you choose
to access. If you decide to leave the Services to access these materials
or third party sites, you do so at your own risk. We are not liable
for any harm or damages related to your access of any third-party
websites, or your purchase or use of any products, services, resources,
or content on 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 and services should be directed
to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.] Luxair
Cooker Hoods Limited is powered by Shopify, which enables us to provide
the Services to you. However, any sales and purchases you make in our
Store are made directly with Luxair Cooker Hoods Limited. By using the
Services, you acknowledge and agree that Shopify is not responsible for
any aspect of any sales between you and Luxair Cooker Hoods Limited,
including any injury, damage, or loss resulting from purchased products
and services. You hereby expressly release Shopify and its affiliates
from all claims, damages, and liabilities arising from or related to
your purchases and transactions with Luxair Cooker Hoods Limited.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our
Privacy Policy, which can be viewed here [LINK], and certain personal
information may be subject to Shopify’s Privacy Policy, which can be
viewed here. By using the Services, you acknowledge that you have read these privacy policies. Because
the Services are hosted by Shopify, Shopify collects and processes
personal information about your access to and use of the Services in
order to provide and improve the Services for you. Information you
submit to the Services will be transmitted to and shared with Shopify as
well as third parties that may be located in other countries than where
you reside, in order to provide services to you. Review our privacy
policy [LINK] for more details on how we, Shopify, and our partners use
your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas,
suggestions, feedback, reviews, proposals, plans, or other content
(collectively, “Feedback”), you grant us a perpetual, worldwide,
sublicensable, royalty-free license to use, reproduce, modify, publish,
distribute and display such Feedback in any medium for any purpose,
including for commercial use. We may, for example, use our rights under
this license to operate, provide, evaluate, enhance, improve and promote
the Services and to perform our obligations and exercise our rights
under the Terms of Service. You also represent and warrant that: (i)
you own or have all necessary rights to all Feedback; (ii) you have
disclosed any compensation or incentives received in connection with
your submission of Feedback; and (iii) your Feedback will comply with
these Terms. We are and shall be under no obligation (1) to maintain
your Feedback in confidence; (2) to pay compensation for your Feedback;
or (3) to respond to your Feedback. We may, but have no obligation
to, monitor, edit or remove Feedback 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 Service. You agree
that your Feedback will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal
or proprietary right. You further agree that your Feedback will not
contain libelous or otherwise unlawful, abusive or obscene Feedback, or
contain any computer virus or other malware that could in any way affect
the operation of the Services or any related website. You may not use a
false email address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any Feedback.
You are solely responsible for any Feedback you make and its accuracy.
We take no responsibility and assume no liability for any Feedback
posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain
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 is inaccurate at any
time without prior notice (including after you have submitted your
order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not
access or use the Services, directly or indirectly: (a) for any unlawful
or malicious purpose; (b) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (c)
to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (d) to harass, abuse, insult,
harm, defame, slander, disparage, intimidate, or harm any of our
employees or any other person; (e) to transmit false or misleading
information; (f) to send, knowingly receive, upload, download, use, or
re-use any material that does not comply with the these Terms; (g) to
transmit, or procure the sending of, any advertising or promotional
material, including any “junk mail,” “chain letter,” “spam,” or any
other similar solicitation; (h) to impersonate or attempt to impersonate
any other person or entity; or (i) to engage in any other conduct that
restricts or inhibits anyone's use or enjoyment of the Services, or
which, as determined by us, may harm Luxair Cooker Hoods Limited,
Shopify or users of the Services, or expose them to liability. In
addition, you agree not to: (a) upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will
affect the functionality or operation of the Services; (b) reproduce,
duplicate, copy, sell, resell or exploit any portion of the Services;
(c) collect or track the personal information of others; (d) spam,
phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with
or circumvent the security features of the Services or any related
website, other websites, or the Internet. We reserve the right to
suspend, disable, or terminate your account at any time, without notice,
if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any
part thereof) in our sole discretion at any time without notice, and you
will remain liable for all amounts due up to and including the date of
termination. The following sections will continue to apply following
any termination: Intellectual Property, 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 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available
solely for general information purposes. We do not warrant 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 and responsibility arising from any reliance placed on such
materials by you or any other visitor to the Services, or by anyone who
may be informed of any of its contents. EXCEPT AS EXPRESSLY STATED
BY Luxair Cooker Hoods Limited, THE SERVICES AND ALL PRODUCTS OFFERED
THROUGH THE SERVICES ARE 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, MERCHANTABLE QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR
DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. SECTION 16 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Luxair Cooker Hoods Limited, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT,INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Luxair Cooker Hoods Limited, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable
attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third
party, or (3) your access to and use of the Services. We will notify
you of any indemnifiable claim, provided that a failure to promptly notify 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 choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant
documents.
SECTION 18 - 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 other remaining provisions.
SECTION 19 - WAIVER; 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 constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or 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 Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - 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, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without
consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the
federal and state or territorial courts in the jurisdiction where Luxair Cooker Hoods Limited is headquartered. You and Luxair Cooker Hoods Limited consent to venue and personal jurisdiction in such courts. SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to
these Terms in accordance with applicable law, and such changes will be
effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@luxairhoods.com. Our contact information is posted below: Luxair Cooker Hoods Limited info@luxairhoods.com
Welcome to Luxair Cooker Hoods Limited! The terms “we”, “us” and “our” refer to
Luxair Cooker Hoods Limited. Luxair Cooker Hoods Limited 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”). Luxair Cooker Hoods Limited 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 Here. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
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
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 stores or
purchasing any of the products or services 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
the information you provide in our stores 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 of your account activity. You
may not transfer, sell, assign, or license your account to any other
person.
We have made every effort to provide an accurate representation of our
products and services in our online stores. However, please note that
colors or product appearance may differ from how they may appear on your
screen due to the type of device you use to access the store and your
device settings and configuration.
We do not warrant that the
appearance or quality of any products or services purchased by you will
meet your expectations or be the same as depicted or rendered in our
online stores.
All descriptions of products 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 may limit the quantities of any
products that we offer to any person, geographic region or
jurisdiction, on a case-by-case basis.
When you place an order, you are making an offer to purchase. Luxair
Cooker Hoods Limited reserves the right to accept or decline your order
for any reason at its discretion. Your order is not accepted until
Luxair Cooker Hoods Limited confirms acceptance. We must receive and
process your payment before your order is accepted. Please review your
order carefully before submitting, as Luxair Cooker Hoods Limited may be
unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, make a change to, or cancel an
order, we will attempt to notify you by contacting the e‑mail, billing
address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy HERE.
You
represent and warrant that your purchases are for your own personal or
household use and not for commercial resale or export.
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 set out in your order
confirmation email. Unless otherwise expressly stated, posted prices do
not include taxes, shipping, handling, customs or import charges.
Prices
posted in our online stores may be different from prices offered in
physical stores or in online or other stores operated by third parties.
We may offer, from time to time, promotions on the Services that may
affect pricing and that are governed by terms and conditions separate
from these Terms. If there is a conflict between the terms for a
promotion and these Terms, the promotion terms will govern.
You
agree to provide current, complete and accurate purchase, payment and
account information for all purchases made at our stores. 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 (i) the credit card information you provide is true,
correct, and complete, (ii) you are duly authorized to use such credit
card for the purchase, (iii) charges incurred by you will be honored by
your credit card company, and (iv) you will pay charges incurred by you
at the posted prices, including shipping and handling charges and all
applicable taxes, if any.
We are not liable for shipping and 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 we transfer products to the carrier, title and
risk of loss passes to you.
International delivery to selected countries. Delivery times for international orders are typically up to 14 working days, depending on the destination country, customs processing and local courier services. Delivery costs will vary depending on location and order size and will be calculated at checkout where applicable. If you require confirmation before ordering, please contact our team and we will be happy to assist.
Our Services, including but not limited to all trademarks, brands, text,
displays, images, graphics, product reviews, video, and audio, and the
design, selection, and arrangement thereof, are owned by Luxair Cooker
Hoods Limited, its affiliates or licensors and are protected by U.S. and
foreign patent, copyright and other intellectual property laws.
These
Terms permit you to use the Services for your personal, non-commercial
use only. You must not reproduce, distribute, modify, create derivative
works of, publicly display, publicly perform, republish, download,
store, or transmit any of the material on the Services without our prior
written consent. Except as expressly provided herein, nothing in these
Terms grants or shall be construed as granting a license or other rights
to you under any patent, trademark, copyright, or other intellectual
property of Luxair Cooker Hoods Limited, Shopify or any third party.
Unauthorized use of the Services may be a violation of federal and state
intellectual property laws. All rights not expressly granted herein are
reserved by Luxair Cooker Hoods Limited.
Luxair Cooker Hoods
Limited’s names, logos, product and service names, designs, and slogans
are trademarks of Luxair Cooker Hoods Limited or its affiliates or
licensors. You must not use such trademarks without the prior written
permission of Luxair Cooker Hoods Limited. Shopify’s name, logo, product
and service names, designs and slogans are trademarks of Shopify. All
other names, logos, product and service names, designs, and slogans on
the Services are the trademarks of their respective owners.
You may be provided with access to customer tools offered by third
parties as part of the Services, 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 the optional
tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve
of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new features through
the Services (including the release of new tools and resources). Such
new features shall also be deemed part of the Services and are subject
to these Terms of Service.
The Services may contain materials and hyperlinks to websites provided
or operated by third parties (including any embedded third party
functionality). We are not responsible for examining or evaluating the
content or accuracy of any third-party materials or websites you choose
to access. If you decide to leave the Services to access these materials
or third party sites, you do so at your own risk.
We are not liable
for any harm or damages related to your access of any third-party
websites, or your purchase or use of any products, services, resources,
or content on 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 and services should be directed
to the third-party.
Luxair Cooker Hoods Limited is powered by Shopify, which enables us to
provide the Services to you. However, any sales and purchases you make
in our Store are made directly with Luxair Cooker Hoods Limited. By
using the Services, you acknowledge and agree that Shopify is not
responsible for any aspect of any sales between you and Luxair Cooker
Hoods Limited, including any injury, damage, or loss resulting from
purchased products and services. You hereby expressly release Shopify
and its affiliates from all claims, damages, and liabilities arising
from or related to your purchases and transactions with Luxair Cooker
Hoods Limited.
All personal information we collect through the Services is subject to
our Privacy Policy, which can be viewed here [LINK], and certain
personal information may be subject to Shopify’s Privacy Policy, which
can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because
the Services are hosted by Shopify, Shopify collects and processes
personal information about your access to and use of the Services in
order to provide and improve the Services for you. Information you
submit to the Services will be transmitted to and shared with Shopify as
well as third parties that may be located in other countries than where
you reside, in order to provide services to you. Review our privacy
policy HERE for more details on how we, Shopify, and our partners use
your personal information.
If you submit, upload, post, email, or otherwise transmit any ideas,
suggestions, feedback, reviews, proposals, plans, or other content
(collectively, “Feedback”), you grant us a perpetual, worldwide,
sublicensable, royalty-free license to use, reproduce, modify, publish,
distribute and display such Feedback in any medium for any purpose,
including for commercial use. We may, for example, use our rights under
this license to operate, provide, evaluate, enhance, improve and promote
the Services and to perform our obligations and exercise our rights
under the Terms of Service.
You also represent and warrant that: (i)
you own or have all necessary rights to all Feedback; (ii) you have
disclosed any compensation or incentives received in connection with
your submission of Feedback; and (iii) your Feedback will comply with
these Terms. We are and shall be under no obligation (1) to maintain
your Feedback in confidence; (2) to pay compensation for your Feedback;
or (3) to respond to your Feedback.
We may, but have no obligation
to, monitor, edit or remove Feedback 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 Service.
You agree
that your Feedback will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal
or proprietary right. You further agree that your Feedback will not
contain libelous or otherwise unlawful, abusive or obscene Feedback, or
contain any computer virus or other malware that could in any way affect
the operation of the Services or any related website. You may not use a
false email address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any Feedback.
You are solely responsible for any Feedback you make and its accuracy.
We take no responsibility and assume no liability for any Feedback
posted by you or any third-party.
Occasionally there may be information on or in the Services that contain
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 is inaccurate at any
time without prior notice (including after you have submitted your
order).
You may access and use the Services for lawful purposes only. You may
not access or use the Services, directly or indirectly: (a) for any
unlawful or malicious purpose; (b) to violate any international,
federal, provincial or state regulations, rules, laws, or local
ordinances; (c) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (d) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or harm any
of our employees or any other person; (e) to transmit false or
misleading information; (f) to send, knowingly receive, upload,
download, use, or re-use any material that does not comply with the
these Terms; (g) to transmit, or procure the sending of, any advertising
or promotional material, including any “junk mail,” “chain letter,”
“spam,” or any other similar solicitation; (h) to impersonate or attempt
to impersonate any other person or entity; or (i) to engage in any
other conduct that restricts or inhibits anyone's use or enjoyment of
the Services, or which, as determined by us, may harm Luxair Cooker
Hoods Limited, Shopify or users of the Services, or expose them to
liability.
In addition, you agree not to: (a) upload or transmit
viruses or any other type of malicious code that will or may be used in
any way that will affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell or exploit any portion of
the Services; (c) collect or track the personal information of others;
(d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e)
interfere with or circumvent the security features of the Services or
any related website, other websites, or the Internet. We reserve the
right to suspend, disable, or terminate your account at any time,
without notice, if we determine that you have violated any part of these
Terms.
We may terminate this agreement or your access to the Services (or any
part thereof) in our sole discretion at any time without notice, and you
will remain liable for all amounts due up to and including the date of
termination.
The following sections will continue to apply following
any termination: Intellectual Property, 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.
The information presented on or through the Services is made available
solely for general information purposes. We do not warrant 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 and responsibility arising from any reliance placed on such
materials by you or any other visitor to the Services, or by anyone who
may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED
BY Luxair Cooker Hoods Limited, THE SERVICES AND ALL PRODUCTS OFFERED
THROUGH THE SERVICES ARE 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, MERCHANTABLE QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT
GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR
DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE
DISCLAIMER MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Luxair Cooker
Hoods Limited, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF
SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR
ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST
REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR
DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR
ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED
IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT
NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR
ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
You agree to indemnify, defend and hold harmless Luxair Cooker Hoods
Limited, Shopify, and our affiliates, partners, officers, directors,
employees, agents, contractors, licensors, and service providers from
any losses, damages, liabilities or claims, including reasonable
attorneys’ fees, payable to any third party due to or arising out of (1)
your breach of these Terms of Service or the documents they incorporate
by reference, (2) your violation of any law or the rights of a third
party, or (3) your access to and use of the Services.
We will notify
you of any indemnifiable claim, provided that a failure to promptly
notify 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 choice of counsel, but will not settle
any claim requiring non-monetary obligations from you without your
consent (not to be unreasonably withheld). You will cooperate in the
defense of indemnified claims, including by providing relevant
documents.
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 other remaining provisions.
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 constitutes
the entire agreement and understanding between you and us and governs
your use of the Service, superseding any prior or 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 Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
You may not delegate, transfer or assign this Agreement or any of your
rights or obligations under these Terms without our prior written
consent, and any such attempt will be null and void. We may transfer,
assign, or delegate these Terms and our rights and obligations without
consent or notice to you.
These Terms of Service and any separate agreements whereby we provide
you Services shall be governed by and construed in accordance with the
federal and state or territorial courts in the jurisdiction where Luxair
Cooker Hoods Limited is headquartered. You and Luxair Cooker Hoods
Limited consent to venue and personal jurisdiction in such courts.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You can review the most current version of the Terms of Service at any time on this page.
We
reserve the right, in our sole discretion, to update, change, or
replace any part of these Terms of Service by posting updates and
changes to our website. It is your responsibility to check our website
periodically for changes. We will notify you of any material changes to
these Terms in accordance with applicable law, and such changes will be
effective on the date specified in the notice. Your continued use of or
access to the Services following the posting of any changes to these
Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at info@luxairhoods.com.
Our contact information is posted below:
Luxair Cooker Hoods Limited
Units 2 - 5 Keld Close
Barker Business Park
Melberby
Riopn
Hg4 5nb
Comp Reg : 05393900
Vat Reg : GB 838 827 187