Conditions d’utilisation

OVERVIEW

Welcome to Homaluxe! The terms “we,” “our,” and “us” refer to Homaluxe. Homaluxe operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Homaluxe uses the Shopify platform, which allows us to provide the Services.

The following terms and conditions, together with the policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including 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 the Privacy Policy, you must not use or access our Services.

ARTICLE 1 — ACCESS AND ACCOUNT

By accepting these Terms of Service, you confirm that you have reached the legal age of majority in your state or province of residence and give us your consent to allow your minor children to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide through our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

ARTICLE 2 — OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online stores. However, please note that product colors or appearance may differ from what appears on your screen due to the type of device you use to access the store, as well as its settings and configuration.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is displayed or rendered in our online stores.

All product descriptions 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 products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

ARTICLE 3 — ORDERS

When you place an order, you are making an offer to purchase. Homaluxe reserves the right to accept or reject your order for any reason, at its discretion.

Your order is considered accepted only after written confirmation from Homaluxe. We must receive and process your payment before your order is confirmed.

Please carefully review your order before submitting it, as Homaluxe may not be able to accept cancellation requests once an order has been confirmed.

If we reject, modify, or cancel your order, we will attempt to contact you using the email address, billing address, and/or telephone number provided when the order was placed.

Your purchases are subject to our return or exchange terms in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

ARTICLE 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 shown in your order confirmation email.

Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties, or import fees.

Prices displayed in our online stores may differ from prices offered in physical stores or on other online platforms operated by third parties.

We may occasionally offer promotions on our Services that may affect pricing and that are governed by terms and conditions separate from these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores.

You agree to promptly update your information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

1. Your credit card information is accurate, correct, and complete.
2. You are authorized to use the card for the purchase.
3. The charges incurred will be honored by your card issuer.
4. You will pay all charges at the displayed prices, including shipping and handling fees and all applicable taxes.

ARTICLE 5 — SHIPPING AND DELIVERY

We cannot be held responsible for shipping or delivery delays. All stated delivery times are estimates and are not guaranteed.

We are not responsible for delays caused by carriers, customs procedures, or any event beyond our control.

Once the products are handed over to the carrier, ownership and risk of loss transfer to you.

ARTICLE 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, text, displays, images, graphics, product reviews, videos, audio content, and their design, selection, and arrangement, are the exclusive property of Homaluxe, its affiliates, or its licensors.

They are protected by U.S. and foreign patent, copyright, and intellectual property laws.

These Terms allow you to use the Services only for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material available through the Services without our prior written consent.

Unless expressly stated otherwise in these Terms, nothing should be interpreted as granting you a license or any other right to any patent, trademark, copyright, or other intellectual property belonging to Homaluxe, Shopify, or any third party.

Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Homaluxe.

The Homaluxe names, logos, product and service names, designs, and slogans are trademarks of Homaluxe, its affiliates, or its licensors. You may not use them without Homaluxe's prior written permission.

The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.

ARTICLE 7 — OPTIONAL TOOLS

You may be provided with access to third-party customer tools as part of the Services. We do not monitor or control these tools and have no involvement in their operation.

You acknowledge and agree that we provide access to these tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement by us.

We disclaim all liability arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for ensuring that you understand and agree to the terms applicable to those tools as provided by the relevant third-party providers.

We may also introduce new features through the Services in the future, including new tools and resources. Such new features will be considered part of the Services and will be subject to these Terms of Service.

ARTICLE 8 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including integrated third-party features.

We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you choose to access.

If you choose to leave the Services to access third-party materials or websites, you do so at your own risk.

We disclaim all liability for any harm or damage related to your access to third-party websites or your purchase or use of products, services, resources, or content from those websites.

We encourage you to carefully review the policies and practices of third parties and make sure you understand them before entering into any transaction.

Claims, complaints, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

ARTICLE 9 — RELATIONSHIP WITH SHOPIFY

Homaluxe is powered by Shopify, which allows us to provide the Services.

However, all sales or purchases made through our Store are conducted directly with Homaluxe.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Homaluxe, including any damage, injury, or loss resulting from products or services purchased.

You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or relating to your purchase and transaction with Homaluxe.

ARTICLE 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, available 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 regarding your access to and use of the Services in order to provide and improve them.

Information you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries different from the country in which you reside, in order to provide the Services.

Please see our Privacy Policy [LINK] for more details about how we, Shopify, and our partners use your personal information.

ARTICLE 11 — FEEDBACK

If you submit, upload, publish, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes.

We may use these rights to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that:

1. You own or have all necessary rights to the Feedback.
2. You have disclosed any compensation or incentives received in connection with submitting your Feedback.
3. Your Feedback complies with these Terms.

We are not obligated to:

1. Keep your Feedback confidential.
2. Pay compensation for your Feedback.
3. Respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove any Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, otherwise objectionable, or that infringes the intellectual property rights of any party or violates these Terms.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or any computer virus or malware that could affect the operation of the Services or related websites.

You may not use a false email address, impersonate another person, or mislead us or third parties regarding the origin of Feedback.

You are solely responsible for your Feedback and its accuracy. We assume no responsibility and accept no liability for Feedback posted by you or any third party.

ARTICLE 12 — ERRORS, INACCURACIES, AND OMISSIONS

The Services may occasionally contain information with typographical errors, inaccuracies, or omissions, including information relating to product descriptions, prices, promotions, offers, shipping fees, transit times, or product availability.

We reserve the right to correct any error, inaccuracy, or omission, as well as modify or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.

ARTICLE 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

You are strictly prohibited from accessing or using the Services, directly or indirectly:

• For unlawful or malicious purposes.
• In violation of any international, federal, provincial, state, or local regulation, rule, or law.
• In a manner that infringes the intellectual property rights of Homaluxe, Shopify, or third parties.
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise harm our employees or any other person.
• To transmit false or misleading information.
• To knowingly transmit, receive, upload, use, or reuse content that does not comply with these Terms.
• To transmit or cause the transmission of advertising or promotional material, including spam, chain letters, junk mail, or similar solicitations.
• To impersonate or attempt to impersonate another person or entity.
• To engage in conduct that may restrict or interfere with another person's use or enjoyment of the Services or that, in our judgment, may harm Homaluxe, Shopify, users of the Services, or expose them to liability.

You also agree not to:

• Upload or transmit viruses or other malicious code.
• Reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services.
• Collect or track the personal information of others.
• Engage in spam, phishing, pharming, or pretexting through the Services.
• Use robots, spiders, scraping tools, data collection or extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services.
• Interfere with, bypass, or disable security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 — AGENTS

This section applies if you use, authorize, activate, or cause an Agent to be deployed to access, use, or interact with the Services.

An “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a person or entity and may operate on a device owned or used by a person without direct supervision.

No Agent may access, use, or interact with the Services unless it continuously identifies itself and operates in strict accordance with the requirements in Section 14.4.

No Agent may access, use, or interact with the Services if we have instructed that Agent not to access, use, or interact with any service.

We may limit, including through technical measures, how and whether an Agent may access, use, or interact with the Services.

Agents must:

1. Identify in all HTTP/HTTPS requests that the request originates from an Agent and disclose the Agent's name by including “Agent/[agent name]” in the user-agent string.
2. Not conceal or disguise the fact that access or interactions originate from an Agent, including by imitating human behavior or bypassing CAPTCHA or similar measures.
3. Answer honestly to any question or prompt intended to determine whether interactions are coming from a human or a computer.
4. Not bypass or evade measures intended to block, limit, modify, or control Agent access to or interaction with the Services.

ARTICLE 15 — TERMINATION

We reserve the right to terminate this agreement or your access to the Services, or any part thereof, at our sole discretion, at any time and without notice.

You will remain responsible for all amounts owed up to and including the date of termination.

The following sections will survive 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.

ARTICLE 16 — DISCLAIMER OF WARRANTIES

Information provided through the Services is made available for informational purposes only.

We do not guarantee 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 warranties regarding consequences arising from your use of this information or its use by any other visitor to the Services or any person who may become aware of its contents.

EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

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

Some jurisdictions do not allow limitations or exclusions of implied warranties, so this disclaimer may not apply to you.

ARTICLE 17 — LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, in no event shall [MERCHANT], our partners, officers, directors, employees, affiliates, agents, contractors, suppliers, service providers, or licensors, nor Shopify and its affiliates, be liable for any loss, claim, or direct, indirect, incidental, exemplary, special, or consequential damages of any kind.

This includes, without limitation, loss of profits, revenue, savings, data, replacement costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise.

Such liability may arise from your use of the Services or any product obtained through the Services, or from any other claim relating in any way to your use of the Services or any product, including errors or omissions in content or any loss or damage resulting from the use of content or products published, transmitted, or otherwise made available through the Services, even if we have been advised of the possibility of such damages.

ARTICLE 18 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Homaluxe, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys' fees, brought by a third party arising from:

1. Your breach of these Terms of Service or documents incorporated by reference.
2. Your violation of any law or third-party rights.
3. Your access to or use of the Services.

We will notify you of any claim covered by this indemnification obligation, although failure to provide prompt notice will not release you from your obligations unless you suffer substantial prejudice.

We may control the defense and settlement of any claim at your expense, including selecting legal counsel, but we will not settle a claim involving non-monetary obligations on your part without your consent, which you may not unreasonably withhold.

You agree to cooperate in defending covered claims, including by providing relevant documents.

ARTICLE 19 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will remain enforceable to the maximum extent permitted by applicable law, and the unenforceable portion will be considered severed from these Terms.

Such determination will not affect the validity or enforceability of the remaining provisions.

ARTICLE 20 — WAIVER; ENTIRE AGREEMENT

Failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this website or relating to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service.

They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including previous versions of the Terms of Service.

Any ambiguity in the interpretation of these Terms of Service will not be interpreted against the drafting party.

ARTICLE 21 — 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.

Any unauthorized assignment attempt will be considered null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

ARTICLE 22 — GOVERNING LAW

These Terms of Service, as well as any separate agreement under which we provide you with the Services, will be governed by and interpreted in accordance with the federal laws and the laws of the state or territory of the courts having jurisdiction in the jurisdiction where Homaluxe has its headquarters.

You and Homaluxe expressly consent to the territorial and personal jurisdiction of those courts.

ARTICLE 23 — HEADINGS

The headings used in this agreement are included for convenience only and will not affect or limit the interpretation of these Terms.

ARTICLE 24 — CHANGES TO THE 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, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on 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 take effect on the date specified in the notice.

Your continued use of or access to the Services after changes to these Terms are posted constitutes acceptance of those changes.

ARTICLE 25 — CONTACT INFORMATION

For any questions regarding these Terms of Service, please contact us at:

Email: ilyesoulebsir@gmail.com