Please read this document carefully before using this website. It contains very important information regarding your rights and obligations, including limitations and exclusions that might apply to you.
This Agreement was last revised on September 1, 2012.
You must create an account at Obora Lux in order to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Obora Lux immediately of any breach of security or unauthorized use of your account. Obora Lux will not be liable for any losses caused by any unauthorized use of your account.
The Service is available through Facebook’s “Facebook Connect” service. [You must have an active Facebook account in order to access the Service through Facebook Connect], and you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If you access the Service through Facebook Connect, Obora Lux may require that your Obora Lux user ID be the same as your user name for Facebook. If you sign into Obora Lux through Facebook Connect, you will provide your Facebook account credentials to OBORA LUX, and you are consenting to have the information in that account transmitted into your Obora Lux account, and you agree that you shall only use Facebook accounts owned by you, and not by any other person or entity.
We want all of our customers to be happy with purchases made through our Website. Not all Products are returnable. See our Returns & Exchanges policy for more information.
For information about payment options see our Payment policy.
For information about taxes and duties see our Shipping policy.
For information about website and payment security see our Payment policy.
Once you place your order, you will receive an email acknowledging the receipt and details of your order. However, your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. The contract between you and OBORA LUX, in turn, will be perfected when we dispatch the goods to you, at which time we will send you an additional email confirming the dispatch and listing your tracking number. We will not be liable to you or any third party for withdrawing any sold or unsold merchandise from the Site, refusing to process a transaction or suspending a transaction after processing has begun. We may, for example, refuse your order because we have difficulty obtaining payment authorization, shipping restrictions apply to your order, the item is out-of-stock, or you fail to meet the requirements described in this TAC for purchasing products through OBORA LUX. The sale contract is concluded in New Jersey and the language of the contract is English.
All products specified as “Made-To-Order” will be made upon receipt of payment. We do not have these products in stock, so once payment is processed, each product will require 7-14 days to be cut, made, and delivered to you. During 30-90 days period, our CUSTOMER SERVICE will keep you posted of your order’s progress. Once the product is finished and ready to be delivered to you, CUSTOMER SERVICE will email you tracking number. All products are shipped UPS ground unless otherwise instructed by Customer. All orders will be cancelled if payments are not received immediately.
At the time you place an order for a product available on pre-order terms, you will be required to pay 50% of the amount due as a deposit, exclusive of shipping fees and taxes. The remaining 50% will be charged at the time the product is shipped. Shipping fees, taxes and import duties, where applicable, will also be charged at the time the product is shipped.
We insure your purchase during its transit until it is delivered to the delivery address specified in your order. To complete the delivery, we require a signature, at which point responsibility for the purchased product(s) passes to you. If the recipient of the product is someone other than you for delivery purposes, you agree that evidence of a signature by such recipient or at such recipient’s delivery address is evidence of a completed delivery by us with responsibility for the purchased product passing to you.
We are constantly updating and revising our offerings of Products, and we may discontinue Products at any time without notice. All pricing for the Products is subject to change. All prices shown on the Site are in US Dollars, are exclusive of taxes, and may change without notice. For all of our prices and Products, we reserve the right to make adjustments due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances. The US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of obvious error (for example, a typographical error). If you are shipping domestically, sales tax will only be charged on orders shipped to New York State and New Jersey. Depending on the tax laws in each state, you may be required to pay use tax on purchases for which sales tax has not been collected.
The quality of our merchandise and your satisfaction are our highest priority. Before we ship our customer orders, we perform a very thorough quality check on all goods coming to us from the manufactures. Occasionally, we may miss something or the item is damaged in transit. If you have received a faulty item, please notify us immediately. Items are only classified as ‘faulty’ if the fault lies with the manufacturer (please see Returns and Exchanges). Items damaged as a result of normal wear and tear are not considered to be faulty. In order to process the faulty goods return or exchange we must receive the item within 7 business days from your receipt of the item and have a chance to inspect it. For all faulty items outside of our Returns Policy, please contact email@example.com.
On occasion Obora Lux issues promotional codes, site credits, and similar “gift certificates” to members and non-members in the form of alphanumeric codes which will provide a credit towards a OBORA LUX purchase when redeemed at checkout. These codes are non-transferrable, and are to be used only by the intended recipient. In particular, Obora Lux reserves the right to cancel a promotion and/or to reject redemption of a promotional code when the total value of the promotional code exceeds a certain financial value, generally the price of the item for which the promotional code is used. Multiple promotional codes may not be used for one order transaction. Where a promotion has been communicated via email, the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent. Obora Lux shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.
Obora Lux may provide its members referral credits when they invite their friends to join as members (“Referral Credits”). A referring member (“Referring Members”) may be awarded a Referral Credit when a Referred Member makes their first oboralux.com purchase.
All credits expire 12 months after they are granted, and can only be used for purchases totaling at least $250 after Referral Credits and/or promotional codes are applied. Additionally, Referral Credits cannot be applied toward international or express shipping charges, duties, vintage products or pre-order products.
In order for a Referring Member to be eligible to receive a Referral Credit for friends who register at OBORA LUX and make an initial purchase, the new friends must join via the Referring Member’s unique referral link and make a purchase of $250 or more (calculated after Referral Credits and/or promotion codes are applied) within 90 days of registration. The Referring Member may be eligible to receive his or her credit once the purchased item(s) is no longer eligible for return. There is no limit to the amount of such credits that the referring member can earn.
Referral Credits will be automatically applied to your next purchase. If the total amount of your purchase exceeds the amount of your OBORA LUX credits, you must pay the balance using a credit card. If your purchase is less than your amount of Obora Lux credits, any unspent credits will remain in your account.
Referral Credits are loyalty or promotional discounts or credits offered by Obora Lux, and do not constitute an account, a payment instrument or other property owned by any OBORA LUX member. Referral Credits do not have a cash value, and you may only use Referral Credits in connection with a qualifying purchase on the OBORA LUX.COM website.
Referral Credits are granted at Obora Lux’s sole discretion. Obora Lux reserves the right to revoke your Referral Credits at its sole discretion, particularly if OBORA LUX believes that you have engaged in fraudulent referral activity (e.g. inviting fake people to join oboralux.com; using invalid and/or non-functioning email addresses) or otherwise violated our Terms and Conditions, or if we terminate your membership. Referral Credits expire 12 months after they are granted. Referral credits are not transferable or sellable. OBORA LUX reserves the right at any time without notice to you to change the terms applicable to the Referral Credits, including expiration period and/or your ability to redeem existing Referral Credits. Obora Lux does not impose any fee on your use of Referral Credits. To see your Referral Credits click here.
If you return an item that you purchased using Referral Credits, you will be refunded for the actual amount paid at the time of purchase and the Referral Credits will be reinstated to your Obora Lux account.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Site is inaccurate at any time without prior notice (including after you have submitted your order). If your credit card has already been charged, an immediate credit will be issued to your credit card.
When you register, you will be issued a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Obora Lux of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Obora Lux cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
You acknowledge that Obora Lux may not pre-screen Content, but that OBORA LUX and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Obora Lux and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Obora Lux or submitted to Obora Lux, including without limitation information in Obora Lux Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that Obora Lux may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of OBORA LUX, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by OBORA LUX and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You understand that by posting content on OBORA LUX, including on the OBORA LUX blog and messaging boards, you are solely responsible for such content and grant OBORA LUX a right to use such content for its own purposes. Any opinions expressed on OBORA LUX by you are your personal opinions and do not reflect the views of OBORA LUX. OBORA LUX will not be liable for third party posts. OBORA LUX may moderate comments but does not commit to doing so. OBORA LUX reserves the right to not publish or to remove any posting for any or no reason.
Please note that we do not necessarily agree with and do not accept responsibility for the personal opinions or views of third parties with whom we are associated, including the opinions and views of the designers whose products we offer through the Site. This site is available to the public, information you consider confidential should not be posted to this site.
You own all of the content and information you post on OBORA LUX. In addition, for content that is covered by intellectual property rights, like photos, you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with OBORA LUX (“IP License”). This IP License ends when you delete your IP content or your account.
You may not use the OBORA LUX site and or its services to transmit any content which:
- harasses, threatens, embarrasses or causes distress, unwanted attention or discomfort upon any other person,
- includes sexually explicit images or other content which is offensive or harmful to minors,
- includes any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful material, including but not limited to material based on a person’s race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation,
- impersonates any person or the appearance or voice of any person,
- utilizes a false name or identity or a name or identity that you are not entitled or authorized to use,
- contains any unsolicited advertising, promotional materials, or other forms of solicitation
- contravenes any application law or government regulation,
- violates any operating rule, regulation, procedure, policy or guideline of OBORA LUX as published on the OBORA LUX website,
- may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, patent, publicity right, or privacy right, or
- distributes software or other Content in violation of any license agreement.
When you register with OBORA LUX, you acknowledge that in using OBORA LUX services to send electronic communications (including but not limited to email, search queries, sending messages to OBORA LUX Chat, uploading photos and files to OBORA LUX Photos, and other Internet activities), you will be causing communications to be sent through OBORA LUX’s computer networks. As a result, and also as a result of OBORA LUX’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to the TOS, you acknowledge that use of the Service results in interstate data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
The OBORA LUX name and OBORA LUX logo (“the OBORA LUX Marks”) are trademarks or registered trademarks of OBORA LUX, LLC in the United States and other jurisdictions. You may not use or display in any manner the OBORA LUX Marks without OBORA LUX’s prior written permission.
OBORA LUX cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
You agree to defend, indemnify and hold OBORA LUX, its officers, directors, employees, agents, affiliates, licensors, and suppliers, harmless against any and all claims, damages, liabilities, costs and expenses, including legal fees, arising from, related to or in connection with your use of the Site and/or your violation of any representation, warranty or other provision of the TAC. OBORA LUX reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This indemnification obligation and defense right will survive this TAC and your use of the Site and the Services.
THE SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE SERVICE (“PRODUCT”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, OBORA LUX, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
OBORA LUX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OBORA LUX SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND OBORA LUX WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
Since we respect artist and content owner rights, it is OBORA LUX’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact our Copyright Agent as follows:
OBORA LUX, LLC
Attn: Copyright Agent
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying OBORA LUX and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with OBORA LUX’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof. These terms and conditions may not be altered, supplemented, or amended by the use of any other documents. The laws of the State of New Jersey, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Website and the purchase of Products. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the State and Federal courts of New Jersey with respect to such matters. Any cause of action brought by you against us must be instituted within one (1) year after the cause of action arises, or be deemed forever waived and barred.
Attn: Customer Support Department
09/01/2012: Initial Version Posted