Last updated: May 15, 2017
These Terms of Use govern your access to and use of www.theluxboho.com (including its subdomains) and any other online or mobile services or applications we operate (collectively, the “Websites”) of theluxboho (“we,” “us”). Company details are available on our Contact Us page.
Our Websites are directed to users located in the United States. We do not represent that content is appropriate outside the U.S. We may restrict availability of the Websites, services, or products to any person or region at any time. If you access the Websites from outside the U.S., you do so at your own risk.
By clicking to accept or by accessing/using the Websites, you agree to be legally bound by these Terms of Use (including the mandatory arbitration and class action waiver below). If you do not agree, do not use the Websites.
We may update these Terms at any time. When we do, we will post the revised Terms on the Websites. The “Last updated” date indicates the latest revision. Unless stated otherwise, changes take effect immediately and your continued use confirms acceptance. If you do not agree, stop using the Websites.
We may modify, suspend, or terminate the Websites, any feature, or your access. Content (including products and pricing) may change without notice. While we aim to keep information current, it may be outdated at times, and we have no obligation to update it. We may interrupt the Websites for maintenance or fixes. We do not warrant error-free or omission-free content and do not guarantee accuracy, completeness, or timeliness.
You are responsible for all arrangements to access the Websites and for ensuring anyone using the Websites under your authorization complies with these Terms. You agree not to:
If you create an account, your username/password are personal and must not be shared. You are responsible for confidentiality and for activities reasonably under your control. Unauthorized use may result in suspension/termination. Notify us promptly of any breach or unauthorized use.
Third-Party Links. Links are provided for convenience and are not endorsements. We do not control or review third-party sites and are not responsible for their terms, privacy policies, content, or availability. Access at your own risk.
Links to Our Websites. You may create a noncommercial text hyperlink that does not mislead, defame, or imply our endorsement. We may revoke this at any time. Do not frame our Websites. Do not link from sites you do not own.
Our Privacy Policy (available at https://www.theluxboho.com) explains how we collect, use, transfer, and process personal data, including cookies.
When using any interactive features (forums, reviews, embedded social media, etc.), you must follow our Acceptable Use Policy. You warrant your contributions comply with those standards and accept responsibility for losses arising from breach.
Content you upload is non-confidential and non-proprietary. You retain ownership, but grant us a limited license to use, store, modify, adapt, create derivative content from, copy, distribute, and make available to third parties.
Do not upload content you lack rights to use, that is illegal, infringes others’ rights, or for which you cannot grant necessary licenses. We may disclose your identity to third parties asserting that your content violates their IP or privacy rights. We may remove content that, in our opinion, violates policy. You are solely responsible for backing up your content.
Contributions must be accurate (facts), genuinely held (opinions), not sponsored/paid for by third parties, and comply with applicable laws. Do not include: defamatory, obscene, hateful, inflammatory, sexually explicit, violent, or discriminatory material; IP infringement; deceptive or unlawful content; threats, abuse, harassment, privacy invasion; impersonation or misrepresentation; content implying our endorsement; or advocacy/assistance of unlawful acts. We may take action if you breach this policy.
Nothing limits or excludes liability for death/personal injury caused by negligence, fraudulent misrepresentation, gross negligence, or other liabilities that cannot be excluded by law.
The Websites are provided “as is.” You are responsible for ensuring suitability for your purposes. We exclude, to the fullest extent permitted by law, all warranties/conditions/promises (express or implied), including: availability, timely or error-free access; virus-free servers; and accuracy, completeness, reliability, or suitability of content.
We are not liable for events beyond our reasonable control (e.g., malware, DDoS) or for special, indirect, or consequential losses, including loss of data, profits, revenues, business, or goodwill. Some implied rights may not be excluded by law.
All IP in the Websites and their content is owned by us or licensed to us and protected worldwide. You may not use, copy, reproduce, distribute, display, perform, edit, adapt, or create derivative works without our prior written consent.
You may view/download/print selected portions for personal, noncommercial, informational use only, without republishing and while retaining all notices.
These Terms of Use govern Website use, not product purchases (see Terms of Sale). Additional terms may apply to certain features/products/services; if they conflict, such additional terms control for the applicable feature.
We may transfer our rights/obligations. Each paragraph operates separately; if any is unlawful or unenforceable, the rest remain effective. Our failure to enforce is not a waiver unless in writing.
Read carefully. Except for small-claims cases or claims for injunctive/equitable relief for alleged IP misuse, both parties waive jury trial and court resolution. All disputes relating to these Terms or the Websites will be resolved by confidential, binding arbitration in Multnomah County, Oregon, under JAMS Streamlined Rules (incorporated by reference). No class or representative proceedings; only individual arbitration.
The FAA governs the enforceability of this section. The arbitrator has exclusive authority over procedural/substantive issues and remedies available in court, but cannot conduct class or representative proceedings. For user-initiated arbitration, you pay the filing fee; we pay remaining JAMS fees/costs. For arbitration initiated by us, we pay all JAMS fees/costs. Oregon state/federal courts in Multnomah County have exclusive jurisdiction over appeals and award enforcement.
Claims must be filed within one year of accrual. You may opt out of arbitration within 30 days of first acceptance by emailing [email protected] with your full name and an explicit opt-out statement. If you opt out, disputes will be resolved under the paragraph below.
These Terms are governed by Oregon law (conflict rules excluded). Non-arbitrable disputes will be resolved in the state or federal courts sitting in Multnomah County, Oregon.
If you are a consumer residing in an EEA country where we sell directly, these Terms and any disputes are governed by the law of your country of residence. Both parties submit to the non-exclusive jurisdiction of its courts.
Last updated: July 17, 2023
This Cookie Statement explains how theluxboho and its subsidiaries (“we,” “us,” “our”) use cookies and similar technologies on our Websites, branded pages on third-party platforms (e.g., Facebook, YouTube), and related applications. “Cookies” includes website cookies and similar technologies (pixel tags/web beacons, device IDs, etc.).
Cookies are small data files stored on your device when you visit a website. First-party cookies are set by the site owner; third-party cookies are set by others to enable features like ads, interactive content, or analytics. Third parties may recognize your device across different websites.
Session cookies are deleted when you close your browser; persistent cookies remain until their expiration date.
We use first- and third-party cookies for essential site operation, performance and functionality, analytics and customization, advertising relevance, and social sharing features.
Types of cookies (examples):
Who serves them (illustrative):
We may use web beacons/clear gifs to recognize visits, analyze navigation, measure ads/email performance, and improve site performance. These often rely on cookies; declining cookies may impair functionality.
Third parties may use cookies to deliver interest-based ads based on your visits to our Websites and others. The information collected does not identify you personally unless you provide it. You can learn more or opt out via industry tools such as aboutads.info/choices or youronlinechoices.com.
Use our preferences tools (where available) and your browser’s settings to accept/refuse cookies. Settings vary by browser—consult your browser’s help menu. We do not control third-party cookie settings; visit their sites for details.
We may update this Statement to reflect operational, legal, or regulatory changes. Please revisit periodically. The date above indicates the latest update.
Questions? Email [email protected].
Last updated: May 15, 2017
Please read these Terms of Sale (“Terms”) before purchasing from our Website. By buying through our site, you agree to these Terms and our Terms of Use (incorporated by reference). If there is a conflict, these Terms govern your purchase.
What these cover. These Terms apply to your Order and set out both parties’ rights/obligations and key legal information.
What these don’t cover. Gift cards and loyalty programs may have separate terms (see relevant pages).
Why read them. They explain who we are, how contracts form, how to change/cancel, what happens if there’s a problem, and other important information.
Who we are. Because of our structure, different entities may sell depending on your webstore. See Contact Us for entity details.
How to contact us. See Contact Us on our site.
How we contact you. We’ll use the phone number, email, or address you provide. “Writing” includes email.
Acceptance. We accept your Order by email, forming a binding contract—usually when (or shortly before) your order ships. For customized/personalized items, acceptance occurs when we email that your order is being processed (this affects cancellation rights).
If we cannot accept. We’ll notify you if we cannot accept all/part of an Order, for example if: out of stock; a pre-order won’t be stocked; unexpected constraints; suspected fraud; or pricing/description errors.
Keeping things accurate. Review your Order details carefully. Contact us for changes; we typically confirm changes in writing.
Changes to Terms. We may update these Terms; the version in force at the time of your Order applies. We may change Terms as they apply to your Order only where required by law/regulation; we will give reasonable written notice and you may cancel affected items for a full refund (including delivery) with return at our cost.
Cancel before acceptance. You may cancel before acceptance by calling the number on our site.
If there’s a problem. Contact us ASAP, allow us a reasonable opportunity to fix, we’ll use reasonable efforts to remedy promptly, and you won’t pay extra if it’s our fault.
Warranty. Most products are covered by our limited warranty (see Warranty page).
Images may vary. Product images are illustrative. Actual items may vary slightly from images but match the product description. Packaging may differ.
Consumer rights. We have a legal duty to supply goods conforming to the contract. Local statutory rights may give you additional remedies.
Delivery. We provide an estimated delivery date during checkout. Some jurisdictions may be excluded (see Shipping page). Shipping is typically via third-party carrier; title and risk pass to you upon our delivery to the carrier (shipment contract).
Outside U.S. Prices exclude VAT/sales tax/duties; you are responsible for such charges.
U.S. We collect sales tax where required. Taxes shown at checkout may adjust based on rate/program changes.
Pricing errors. If a price is wrong, we’ll usually contact you. If the correct price is lower, we may charge the lower price or reject the order; if higher, we’ll ask for instructions before acceptance. If a clear, unmistakable error was relied upon, we may cancel, refund amounts paid, and require return of goods.
When charged. Unless custom/personalized, we don’t charge until dispatch (or partly at dispatch and balance at/after delivery). Custom/personalized items are charged following acceptance. You represent you’re authorized to use the payment method and authorize us/our processor to charge the total. If a method cannot be verified/validated, your Order may be suspended or canceled. Update payment info via your account settings.
Shipping & handling. You agree to pay applicable fees shown at checkout; we may change these prospectively with notice.
Payments processed by third parties. Depending on your webstore, providers may include (subject to change): Apple Pay, Klarna, Ingenico, PayPal, GMO, COD, iDEAL.
30-day returns. Except where noted, you may return products within 30 days of receipt without giving a reason (see Returns page; local enhancements may apply).
Exceptions. No returns for: (a) unsealed items not suitable for return for health/hygiene reasons; (b) unsealed software/audio/video; (c) customized/personalized items; (d) goods liable to deteriorate/expire rapidly.
Refunds. We refund price paid (including delivery) via your original method, subject to deductions. If faulty/misdescribed, we refund in full plus applicable delivery and reasonable return costs.
Deductions. For change of mind, we may reduce refunds to reflect diminished value due to handling beyond what’s permitted in a shop (see Returns). If we refund before inspection and later find unacceptable handling, you must compensate us appropriately.
Timing. Refunds issued within a reasonable period consistent with our Returns page.
Our right to cancel. We may cancel before delivery due to Events Outside Our Control or as disclosed (e.g., Pro Sites). We will notify you and refund any amounts paid for undelivered Orders.
We are not liable for failure or delay caused by Events Outside Our Control (e.g., strikes, civil unrest, war, terrorism, fire, flood, earthquake, epidemics, or telecom failures). We will notify you where reasonably possible; obligations are suspended and time extended for the duration of the event unless we cancel your Order.
Export/trade controls. We operate from regional hubs and are subject to applicable sanctions/export controls. We may restrict sales to certain countries or refuse Orders if required by law/sanctions. You represent that you are not on restricted lists and will comply with applicable export laws.
Assignment. We may transfer our rights/obligations; you may not assign without our prior written consent.
No third-party rights. This contract is between you and us.
Severability. If any part is illegal/unenforceable, the remainder remains effective.
No waiver. Delay or failure to enforce is not a waiver.
Read carefully. Except for small-claims or IP-related injunctive relief claims, both parties waive jury trial and court resolution. Disputes are resolved by confidential, binding arbitration in Multnomah County, Oregon under JAMS Streamlined Rules. No class arbitration, class action, or representative proceedings. FAA governs to the extent permitted. Arbitrator has exclusive authority except cannot conduct class/representative proceedings. For user-initiated arbitration, you pay filing fee; we pay remaining JAMS fees/costs. For arbitration we initiate, we pay all JAMS fees/costs. Oregon state/federal courts in Multnomah County have exclusive jurisdiction over appeals and enforcement.
Claims must be brought within one year of accrual. You may opt out within 30 days of first acceptance by emailing [email protected] with your full name and a clear opt-out. If you opt out, disputes proceed under the paragraph below.
These Terms are governed by Oregon law (conflicts excluded). Non-arbitrable disputes proceed in state or federal courts in Multnomah County, Oregon.
If you are a consumer in the EEA where we sell directly, these Terms are governed by your country’s law, and both parties submit to the non-exclusive jurisdiction of courts in your country of residence.