Terms of service

OVERVIEW

 

Welcome to Lysaire! The terms “we”, “us” and “our” refer

to Lysaire. Lysaire 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”). Lysaire is powered by

Shopify, which enables us to provide the Services to you. 

The below terms and conditions, together with any policies

referenced herein (these “Terms of Service” or “Terms”) describe

your rights and responsibilities when you use the Services. 

Please read these Terms of Service carefully, as they include

important information about your legal rights and cover areas

such as warranty disclaimers and limitations of liability. 

 

By visiting, interacting with or using our Services, you agree to be

bound by these Terms of Service and our Privacy Policy. If you do

not agree to these Terms of Service or 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.

Lysaire reserves the right to accept or decline your order for any

reason at its discretion. Your order is not accepted until Lysaire

confirms acceptance. We must receive and process your payment

before your order is accepted. Please review your order carefully

before submitting, as Lysaire 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. 

 

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

Lysaire, 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 Lysaire, 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 Lysaire.

Lysaire’s names, logos, product and service names, designs, and

slogans are trademarks of Lysaire or its affiliates or licensors. You

must not use such trademarks without the prior written permission of

Lysaire. 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

 

 
Lysaire 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 Lysaire. By using the Services, you

acknowledge and agree that Shopify is not responsible for any aspect

of any sales between you and Lysaire, 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 Lysaire. 

 

SECTION 10 - PRIVACY POLICY

 

 
All personal information we collect through the Services is subject

to our Privacy Policy, 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 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 Lysaire, 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 Lysaire, 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 Lysaire,

 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 Lysaire, 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 Lysaire is headquartered. You and Lysaire 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

lysairee@gmail.com. 

Our contact information is posted below:

 
LYSAIRE 

lysairee@gmail.com

 
Martin Town, Eight Mile Rock, Bahamas 

1(242) 375-7363 

TIN 117148776