Terms of service

Last updated: September 19, 2025

Welcome to LuxaTote (“LuxaTote,” “we,” “us,” or “our”). These Terms of Service (the “Terms”) govern your access to and use of our website, store, apps, and related services (collectively, the “Services”). By visiting, purchasing from, or otherwise using the Services, you agree to these Terms and to our Privacy Policy, Shipping Policy, and Refund Policy (collectively, the “Policies”). If you do not agree, do not use the Services.

1) Eligibility; Accounts

  • You represent that you are at least the age of majority in your state or province of residence, and you authorize any minor dependents using devices you own/manage only with your supervision.
  • You may be asked to provide accurate, current, and complete information (e.g., email, billing, payment, shipping). You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
  • You may not transfer or sell your account. We may refuse service, close accounts, or cancel orders at our discretion consistent with these Terms and the Policies.

2) Relationship with Shopify

The Services are hosted and powered by Shopify. Any sales you make are with LuxaTote (not Shopify). By using the Services, you acknowledge Shopify is not responsible for your transactions with LuxaTote and you release Shopify and its affiliates from claims arising from such transactions. See Section 10 for privacy disclosures.

3) Products; AI Imagery & Content; Depictions and Errors

  • AI-generated/Synthetic content: We use generative AI and related tools for product imagery, on-model visuals, styling scenes, and written content. Such content may be illustrative, stylized, or approximated. Colors, fit, proportions, textures, and finishes may differ from real-world products due to studio lighting, display/device settings, supplier photography variances, or synthetic rendering limitations.
  • Supplier images: We also use images/information from suppliers which may vary in quality or accuracy and may differ across production runs or batches.
  • No guarantee of exact match: Product depictions are for general reference and do not constitute a warranty of exact appearance, size, or performance. Please review product titles, descriptions, specs, sizing charts, materials, and measurements where available.
  • Material inaccuracies: If a reasonable person would view a discrepancy as material (e.g., wrong item, materially different colorway, missing key feature), your remedies are those stated in our Refund Policy and applicable law.
  • Right to correct: We may correct errors, inaccuracies, or omissions (including pricing, availability, descriptions, shipping charges, and transit times) and to change or update information or cancel orders where information is inaccurate, in accordance with these Terms and our Policies.
  • No professional advice: Any style, care, or usage information generated by AI or otherwise is for general information only and is not a substitute for manufacturer instructions or professional guidance.

4) Orders; Acceptance; Availability; Verification

  • Your order is an offer to purchase. We may accept or decline orders at our discretion. We typically accept by confirming shipment or otherwise indicating acceptance.
  • Verification & fraud screening: Orders may be subject to verification (e.g., address, identity, payment authorization). We may cancel and refund any order we cannot verify.
  • Availability & backorders: As a dropshipper, we rely on multiple suppliers. If an item becomes unavailable after purchase, we will notify you and offer a refund for the unavailable item and, where appropriate, a suggested alternative. For multi-item orders, we generally ship available items and refund the unavailable item.
  • Resale: Purchases are for personal/household use, not for resale or export, unless we consent in writing.

5) Pricing; Taxes; Promotions; Billing

  • Prices, discounts, and promotions are subject to change without notice. Taxes, shipping, handling, and other charges are additional unless expressly stated.
  • You agree to provide current, complete, and accurate purchase and payment information and to promptly update it as needed so we can complete your transactions and contact you.
  • We do not offer post-purchase price adjustments unless expressly stated.

6) Shipping; Delivery; MITOR

Shipping, delivery estimates, lost/misdelivery steps, split shipments, and service areas are governed by our Shipping Policy.

  • Estimates not guarantees: Any delivery windows shown at checkout are estimates and not guarantees; timing may vary by supplier and carrier.
  • Carrier scans: Tracking may not update until after first carrier scan. Some orders may ship in multiple packages.
  • FTC Mail Order Rule: If we cannot ship within the stated time (or within 30 days if none stated), we will provide a delay notice with the option to consent to the delay or cancel for a prompt refund, as described in our Shipping Policy.
  • Risk of loss/title: Except as otherwise provided in the Shipping Policy or required by law, title to products passes to you upon our delivery of the products to the carrier. Handling of “delivered but not received” scenarios is per our Shipping Policy.

7) Returns; Refunds; Gift Cards

Returns, restocking fees, non-returnable items, condition requirements, timelines, and refund processing are governed by our Refund Policy. Gift card cash-out where required by law (e.g., small remaining balances) is handled per our Refund Policy and applicable state law.

8) Intellectual Property; DMCA

  • The Services (including text, designs, logos, graphics, images, videos, audio, software, and arrangements) are owned by LuxaTote or its licensors and are protected by intellectual property laws. You may use the Services only for personal, non-commercial purposes and may not copy, modify, distribute, or create derivative works without permission.
  • DMCA notices: If you believe content on the Services infringes your copyright, send a notice to: connect@luxatote.com or DMCA Agent, 8735 Dunwoody Place STE N, Atlanta, GA 30350, USA, including: (a) your signature; (b) identification of the copyrighted work; (c) identification of the material claimed to be infringing and its location; (d) your contact information; (e) a statement of good-faith belief; and (f) a statement that the information is accurate and, under penalty of perjury, that you are authorized to act for the owner.

9) Feedback; Reviews

If you submit reviews, ideas, or other content (“Feedback”), you grant us a worldwide, perpetual, irrevocable, sublicensable, royalty-free license to use, host, reproduce, modify, publish, and display such Feedback in any media to operate, promote, and improve the Services. You represent you own or control the rights to your Feedback, it is accurate and lawful, and it does not infringe others’ rights. We may moderate or remove Feedback in our discretion.

10) Privacy

Personal information is collected and used as described in our Privacy Policy. Because the Services are hosted by Shopify, certain data is processed by Shopify and its partners per Shopify’s policies. See our Privacy Policy for details and links to Shopify’s privacy notices and rights portals.

11) Optional Tools; Third-Party Links

Access to third-party tools or sites is provided “as is” and “as available.” We do not control or endorse third-party content and are not responsible for it. Your use of third-party tools/sites is at your own risk and may be subject to their terms and policies.

12) Prohibited Conduct

  • Do not use the Services for unlawful, harmful, fraudulent, infringing, harassing, or abusive purposes; to transmit malware; to scrape or mine data without permission; to circumvent security; to impersonate others; or to interfere with the Services’ operation.
  • We may suspend or terminate access for violations, consistent with these Terms and applicable law.

13) Disclaimer of Warranties

Except as expressly stated by LuxaTote in writing, the Services and all products are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted or error-free operation of the Services or that descriptions, imagery (including AI-generated content), or other content are accurate, complete, or reliable. Your sole remedies are those expressly provided in these Terms and the Policies, and any non-waivable rights under applicable law.

14) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LUXATOTE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS/REVENUE; LOSS OF DATA; OR SUBSTITUTE GOODS/Services ARISING OUT OF OR RELATED TO THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR AMOUNTS DUE FOR PRODUCTS YOU PURCHASED, OUR AGGREGATE LIABILITY RELATING TO ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE AFFECTED ORDER. Some jurisdictions do not allow certain limitations; in those places, the limitations apply to the maximum extent permitted. This Section does not limit non-waivable consumer rights.

15) Indemnification

You agree to indemnify and hold harmless LuxaTote and its affiliates, officers, directors, employees, agents, and service providers from claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms or the Policies, your violation of law or third-party rights, or your misuse of the Services. We will notify you of any claim and may control the defense and settlement (at your expense); you will cooperate as reasonably requested.

16) Dispute Resolution; Arbitration; Class-Action Waiver

Informal Resolution. Before filing a claim, you agree to email us at connect@luxatote.com with “Dispute” in the subject and a description of your issue. We’ll attempt to resolve within 30 days.

Arbitration. If we cannot resolve informally, any dispute, claim, or controversy arising out of or relating to these Terms, the Policies, the Services, or products (collectively, “Disputes”) will be resolved by binding arbitration on an individual basis under the Federal Arbitration Act. The American Arbitration Association (AAA) will administer under its Consumer Arbitration Rules. You may bring claims in small claims court in your county of residence if eligible. The arbitrator may award individual relief but may not consolidate claims without all parties’ consent.

Class-Action Waiver. You and LuxaTote agree that Disputes will be resolved only on an individual basis and not in a class, consolidated, or representative action. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.

Opt-Out. You may opt out of arbitration/class waiver by sending an email to connect@luxatote.com within 30 days of your first use of the Services with subject “Arbitration Opt-Out” and your name, address, and the email tied to your account/order. Opting out does not affect past agreements to arbitrate.

17) Governing Law; Venue

These Terms are governed by the laws of the State of Georgia, without regard to conflict of laws principles, and by applicable U.S. federal law. Subject to the arbitration provision, you and LuxaTote consent to exclusive jurisdiction and venue in the state and federal courts located in Fulton County, Georgia for matters not subject to arbitration.

18) Suspension; Termination

We may suspend or terminate access to the Services at any time with or without notice for conduct that we believe violates these Terms, the Policies, or applicable law. Sections that by their nature should survive termination do so (including, without limitation, IP, Feedback, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law).

19) Force Majeure

We are not responsible for any delay or failure to perform due to events beyond our reasonable control, including natural disasters, acts of government, labor disputes, supply chain issues, carrier disruptions, or network/platform failures.

20) Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer them without restriction, including in connection with a merger, acquisition, or sale of assets.

21) Changes to the Terms

We may update these Terms from time to time. We will post updated Terms on this page and update the “Last updated” date above. Material changes will be notified as required by law. Your continued use after changes become effective constitutes acceptance.

22) Severability; Waiver; Entire Agreement; Headings

If any provision is found unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect. Our failure to enforce a right is not a waiver. These Terms, together with the Policies, are the entire agreement between you and LuxaTote regarding the Services. Headings are for convenience only.

23) Contact

Questions about these Terms? Contact us:

Email: connect@luxatote.com
Address: 8735 Dunwoody Place STE N, Atlanta, GA, 30350, USA