Terms of service

These Terms of Service and Purchase (“Terms of Service”) govern your access to and use of the Luminous Wicks website, located at www.luminouswicks.com (the “Site”), as well as your purchase of any of the product(s) and/or service(s) on the Site (access to, use of, and purchase of any product(s) or service(s) on the Site shall be referred to collectively herein as the “Services”)..

For the purposes of these Terms, “we”, “us” or “our” refers to the party with whom you are entering into this agreement, Luminous Wicks (the “Company”). For avoidance of doubt, the Company, as used in these Terms of Service, includes all affiliates and their respective officers, directors, employees, and agents.

These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with the Company, or its subsidiaries, affiliates and/or partners, for products, services or otherwise. If you use the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Service on such entity’s behalf.                                                                                

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING, USING, PURCHASING A PRODUCT ON, OR REGISTERING FOR THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, AGREEMENTS, GUIDELINES, AND DISCLOSURES INCORPORATED BY REFERENCE, INCLUDING BUT NOT LIMITED TO OUR PRIVACY POLICY, COOKIE AND PIXEL POLICY, SUBSCRIPTION POLICY, RETURN POLICY, AND SHIPPING POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THE SITE OR PURCHASE ANY PRODUCTS ON THE SITE.

THESE TERMS OF SERVICE INCLUDE AN AGREEMENT TO ARBITRATE ALL DISPUTES BETWEEN US. SEE SECTION 16 BELOW FOR THE DETAILS OF OUR AGREEMENT TO ARBITRATE.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are 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 this site.

You may only use the Services in compliance with these Terms of Service and all applicable laws. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or 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 use of the Services. You cannot use the Services if we have previously disabled your account for violation(s) of these Terms of Service or any of our policies. If your account was previously disabled for policy or legal reasons, you will not create a new one without our express written permission, which is provided at our sole discretion. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for cause (e.g., a violation of the Terms of Service).

You understand that your content (not including credit card information), may be transferred unencrypted and involve (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 Services, use of the Services, or access to the Services, or any contact on the website through which the Services are provided, without express written permission by us.

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

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. 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 primary, 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 information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree 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 at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. 

To the extent permitted by applicable law, we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

 

SECTION 6 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. 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. We do our best to describe products accurately as possible. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We do not warrant that specifications or pricing are complete, accurate, current, or error-free. In the event of any pricing or specification error, we have the right to refuse or cancel your order in our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited. We do not provide price protection or refunds in the event of a price drop or promotional offering.

To the extent permitted by applicable law, 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 Services will be corrected.

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to cancel or decline your order in our sole discretion or for specific reasons at any time. For example, we may need to decline your order if there is a pricing error, the product is no longer available, or if we suspect you are purchasing products to resell them or use them for commercial purposes. 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/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase, account, and all other 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. You agree you will not use any payment card or other form of payment to make a purchase unless you have all necessary legal authorization to do so.

If you are making an order on behalf of a business, you agree that you are an authorized representative of the business with the authority to bind the business to these Terms of Service and agree on behalf of the business to be bound by these Terms of Service.

For more detail, please review our Return Policy.

SECTION 8 – 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. To the extent permitted by applicable law, we shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional third-party tools offered through the Services 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 services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 – THIRD-PARTY LINKS

Certain content, products, and services available via our Services 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. To the extent permitted by applicable law, 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 of third-parties. 

To the extent permitted by applicable law, 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 any 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 relevant third-party.

SECTION 10 – USER 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 to: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

We are a neutral intermediary and we do not review all content before or after it is published on the Site. Accordingly, to the extent permitted by applicable law, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party.

Nonetheless, we reserve the right to: (i) take any action with respect to any comments that we deem necessary or appropriate, including if we believe that such comments violate these Terms of Service, infringe any intellectual property right or other right of any person or entity, threaten the personal safety of users of the Services or the public, are unlawful, offensive, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or could otherwise create liability for us; (ii) disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and (iii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, 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 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. To the extent permitted by applicable law, we take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 – PERSONAL INFORMATION

Your submission of personal information through the Services is governed by our Privacy Policy. You can view our Privacy Policy [here].

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. To the extent permitted by applicable law, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services 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 found on the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied or indicated on the Services or on any related website should be taken to indicate that all information on the Services or on any related website has been modified or updated.

SECTION 13 – PROHIBITED USES

In addition to other prohibitions as set forth in these Terms of Service, 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 regulations, rules, laws, 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 in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for engaging in or attempting to engage in any of the prohibited uses.

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

We constantly change and improve our Services. We may add or remove functionalities or features at any time without notice to you, and we may suspend or stop offering the Services altogether without notice to you.

You expressly agree your use of, or inability to use, the Services is at your sole risk. To the extent permitted by applicable law, the Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representations, 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.

In no case shall Luminous Wicks, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 or services procured using the Services, or for any other claim related in any way to your use of the Services or any products or services procured using the Services, 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. For avoidance of doubt, nothing in these Terms of Service shall affect any non-waivable statutory rights that apply to you.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Luminous Wicks and our parent, 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 breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 – AGREEMENT TO ARBITRATE

In the event of any dispute (other than one that is limited to adjudicating small claims) between you and the Company that relates in any way to or arises out of this or previous versions of the Terms of Service, your use of or access to the Services, the actions of the Company or its agents, or any products or services sold, offered, or purchased through our Services, you and the Company consent to arbitrate that dispute before a single arbitrator under the then current rules of the American Arbitration Association (AAA) in a location near the closest AAA office to you or remotely if one is not reasonably convenient to you or the Company, rather than litigate the dispute in court. You and the Company also agree the Federal Arbitration Act governs the arbitrability of all disputes between you and the Company. If you do not want to be bound by this arbitration provision, you must notify the Company in writing by email to [email protected] within 30 days of the date you first agree to the Terms of Service, stating you do not want to resolve disputes with the Company by arbitration.

YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF SOUGHT BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT BE GRANTED TO OR AFFECT OTHER USERS. The arbitrator shall interpret and determine the validity of the arbitration provision, including unconscionability. If the arbitrator or a court decides applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court (pursuant to Section 20 below), subject to your and Company’s right to appeal the court’s decision. All other claims will be arbitrated.

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction and on an individual (non-class) basis only. If a party initiates an arbitration asserting a claim that falls within the jurisdiction of a small claims court, the other party may, in its discretion, require the arbitration demand be withdrawn and the claim be filed in a small claims court. Any dispute about whether a claim falls within any given small claims court’s jurisdiction will be resolved by that court, not by an arbitrator. In the event of any such jurisdictional dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim should proceed in arbitration.

If an arbitrator or court decides any part of this Section 16 is invalid or unenforceable, the other parts of this Section 16 shall still apply. For avoidance of doubt, nothing in these Terms of Service shall affect any non-waivable statutory rights that apply to you. To the extent any claim, dispute or controversy regarding the Services isn’t arbitrable under applicable laws or otherwise, you agree such claim or dispute regarding the Services will be resolved exclusively in accordance with Section 20 of these Terms of Service.

SECTION 17 – SEVERABILITY

In the event any provision of these Terms of Service is determined to be unlawful, void or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.

SECTION 18 – TERMINATION

These Terms of Service are effective 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 we suspect you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, which may include denying or restricting your access to the Services (or any part thereof). You will remain liable for any and all amounts due up to and including the date of termination.

For avoidance of doubt, you understand, acknowledge, and agree that sections 14, 15, 16, 17, 18, 19, 20, 27, and 28 will survive any such termination.

SECTION 19 – ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, 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).

No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – GOVERNING LAW

If you are a consumer in the EEA or UK, these Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services shall be governed by the law of the country where you live, and any disputes arising from or in connection with these Terms of Service shall be resolved in the courts of the country where you live.

In all other cases, these Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services shall be governed by and construed in accordance with the laws of Miami, Florida, USA, without respect to its conflict of laws principles, and the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Service is Miami, Florida, and such disputes will be determined under Florida law.

SECTION 21 – CHANGES TO TERMS OF SERVICE

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

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. 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. Disputes arising under these Terms of Service will be resolved in accordance with the version of these Terms of Service in place at the time the dispute arose. For clarity, by continuing to use the Services, you agree to be bound by the then-current version of these Terms of Service.

SECTION 22 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].

SECTION 23 – WHOLESALE

If you are interested in wholesale purchasing of diffusers and oils, the order minimum is $2,500 and requires a Scent Consultant appointment in order to make a purchase.

As part of the Wholesale program, selling on third-party retailers such as Amazon, is strictly prohibited and a violation to the Wholesale agreement. Luminous Wicks reserves the right to disable or permanently remove access to any Wholesale account found selling our products on third-party retailing sites, including but not limited to Amazon.

SECTION 24 – COMMERCIAL RESALE

Any commercial resale of products on platforms (e.g., Amazon, eBay, and other sites) is strictly prohibited and a material violation of these Terms of Service.

SECTION 25 – AGE OF CONSENT

The Services are not intended for use by minors under sixteen (16) years of age, and we do not knowingly collect information about minors under age sixteen (16) through the Services. If we learn we have collected personal information of a minor without the consent of the minor’s parent or guardian as required by law, we will delete it. By using the Services, you represent you are at least the age of majority in your state or province of residence, or you are 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.

SECTION 26 – DATA CHARGES, MOBILE PHONES AND SMS COMMUNICATIONS

BY CHECKING THE OPT-IN BOX FOR TEXT MESSAGE (“SMS”) COMMUNICATIONS AND CLICKING CONTINUE, YOU CONSENT TO RECEIVE RECURRING AUTOMATED MARKETING SMS TEXTS AT THE NUMBER YOU HAVE PROVIDED, AND YOU ACKNOWLEDGE THAT SMS TEXTS MAY BE SENT USING AUTOMATED TECHNOLOGY, WHICH IS SUBJECT TO CHANGE FROM TIME TO TIME. YOU FURTHER ACKNOWLEDGE THAT CONSENT IS NOT A CONDITION FOR ANY PURCHASE.

Message & Data rates may apply.

You are responsible for any mobile charges you may incur for using our Services. This includes data charges and charges for SMS or any other messaging. If you are unsure what those charges may be, you should ask your service provider before using the Services. You agree the SMS may be received even if your mobile phone number is registered on any state or federal Do Not Call list, or international equivalent.

If you change or deactivate the mobile phone number you provided to us, you must update your number to us within 72 hours to prevent us from sending messages intended for you to someone else.

SECTION 27 – EMAIL

We may send you emails about orders placed using the Services, including about payment processing, status, refunds, and any changes, or cancellations to your order. We may also send you emails about the Services or other products and services. By submitting your order, you consent to receive the email communications described in these Terms of Service from us and our affiliates.

You agree all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that they be in writing.