Luxauro Merchant & GMG Professional Terms of Use

1. By listing any product or service on the Site or through the Platform Services, You, as Merchant or GMG Professional, warrant that You and all aspects of such product or service comply with these Terms (including all Additional Terms and Policies), and other published policies, and relevant Applicable Laws. You also warrant that You are licensed, certified, have the relevant experience(s), and are in all other necessary ways qualified to legally sell or provide such product or service in all locations where You list Your product for sale or service for hire. You are solely responsible for accurately describing Your products or services and any additional terms of sale in Your Business Suite or store page. Your listings may only include content relevant to the sale of that product or service. All products or services must be listed in an appropriate category with appropriate tags. Each listing must truthfully, accurately and completely describe the product(s) for sale or service(s) for hire in that listing. If the “in stock” quantity is more than one, all products or services in that listing must be identical. The Company does not have any responsibility for, or obligations related to, the descriptions of Your products or services. The Company is not liable for any inaccurate, incomplete, unreliable, outdated, or erroneous information in regards to Your product(s), store(s), service(s), or User Content.
2. Content can only be posted where it does not violate any of the Company’s policies and if it does it may be obfuscated or deleted at the Company’s sole discretion.
3. The Company strives to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to (i) buyer’s location, search query, browsing site, and history; (ii) product’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the User query; (iii) Merchant’s or GMG Professional’s history, including listing practices, Merchant’s or GMG Professional’s ratings, compliance with the Company’s policies and Terms, feedback, and defect rate; and (iv) number of listings matching the buyer’s query.
4. You, as Merchant, will not sell and will promptly remove all listings for any product that has been recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. The Company has no responsibility or liability for the safety or performance of any product that You list or sell using our Platform Services, including any product that is subject to a recall. You, as Merchant, are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of any product You list or sell using Our Platform Services.

1. Are solely responsible for sourcing, offering, selling, shipping, and fulfilling Your orders to Your buyers, in each case and in accordance with these Terms, Your store terms and conditions or any Additional Terms as may be imposed by the Company from time to time;
2. Shall ensure that as far as reasonably practicable that Your products are packaged in a commercially acceptable manner and that all labeling requirements, including those labeling requirements, statutorily imposed, are complied with;
3. Shall provide the Company with all information necessary to track the delivery of the products purchased and You are responsible for ensuring that the product reaches the purchaser on, where applicable, the specified delivery date;
4. May cancel the fulfillment of a sale where it is in accordance with the terms of Your store page or in accordance with the terms set forth herein; and
5. Shall also identify Yourself as the Merchant of every product sold to Your purchaser, submit an order-specific tax invoice.

1. Credit/Debit card payment processing services for Our Site and Platform Services are provided by Stripe®, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). As a User of the TorqueForm Tribrid, You acknowledge and agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time. As a condition to Our enabling credit card payment processing services through Stripe, You hereby agree to provide Us with accurate and complete information about Yourself and Your business, and You authorize Us to share any such information with Stripe, as well as transaction information related to Your use of the Stripe payment processing services. In all cases, standard credit card or other third-party processing fees apply in addition to Our Fees. We are not responsible for the performance of any third-party credit card processing or third-party payment services.
2. You, as Merchant or GMG Professional, agree that any funds received or resulting from a buyer’s purchase of any product or service through the Site and Platform Services into Stripe’s possession from such buyer shall be considered the same as a payment made directly to You by the buyer. You further agree that You will provide the purchased product(s) or service(s) to the User in the agreed-upon manner as if You have received the payment directly from the buyer. You acknowledge and agree that the Company may, but is under no obligation to, refund the buyer in accordance with the Company’s Return and Refund Policy below. You acknowledge and agree that the Company’s obligation to remit the buyer’s payment to You is subject to and conditioned upon successful receipt of the associated funds from the buyer. The Company guarantees payments to You only for such amounts that have been successfully received by the Company from the buyer for the transaction in question in accordance with this Agreement and these Terms, and Applicable Terms, and that are not subject to refunds made to buyers. The Company assumes no liability for any of Your acts or omissions, including, without limitation, any violation by You of this Agreement or any Applicable Laws.
3. You, as Merchant or GMG Professional, agree that any obligation of a User to pay You for the purchase of any products or services through the Platform Services is extinguished upon the buyer’s payment of the funds through the Site to Stripe, upon which Stripe and the Company then is responsible for remitting those funds to You in the manner described in these Terms, or as otherwise communicated by the Company to You. Your funds are not eligible for payment to You unless and until all terms or any related agreements are satisfied. In the event that Stripe or the Company does not remit any such payment or funds to You, You will have recourse only against Stripe or the Company and not the buyer directly, and only for the amount owed from the buyer’s purchase.
4. You, as Merchant or GMG Professional, agree that the Company may honor any governmental or judicial order attaching, garnishing, or levying upon funds otherwise payable to You hereunder and that any payment to a governmental authority or a third party pursuant to a court order by the Company as required by such order shall relieve the Company of any obligation to pay such funds to You.
5. You, as Merchant or GMG Professional, further agree that neither Stripe nor the Company shall have any obligation to invest such funds for Your account and that You shall not be entitled to any interest earned on such funds while such funds are in the possession of Stripe or the Company.
6. The Company shall have the right to offset its obligation to pay You, as Merchant or GMG Professional, such funds to satisfy any obligation then owing by You to the Company. The Company shall otherwise have no interest in the funds that Stripe or the Company holds for You, and any liability for taxation or otherwise related to such funds shall be entirely Yours.
7. Stripe or the Company will disburse funds owed hereunder to You, as Merchant or GMG Professional, in a reasonable time period and only upon receipt of said funds from buyer. Under no circumstance shall Stripe or the Company be obligated to advance to You funds that they do not possess in relation to any transaction in question.
8. Except as otherwise provided, the Company will remit to You, as Merchant or GMG Professional, Your available funds within a reasonable time period. Any amounts owed to the Company, including, but not limited to Service Fees, taxes as the Company may be legally required to deduct and pay to a tax authority, and other fees as may be charged for the Service from time to time shall be deducted from any amounts disbursed to You.
9. A reserve may be established on Your Merchant or GMG Professional Account based on Our assessment of the risk of Your store.

1. You, as Merchant or GMG Professional, must establish and post in a conspicuous location Your return, refund, and cancellation policy in regards to Your Products or Professional Services. We are under no obligation to provide any returns, refunds, replacements, or compensation of any kind for any lost, stolen, broken, or otherwise undeliverable products to Your customers, or to become involved in any dispute between any Users, whether or not either User is a Merchant, GMG Pro, Founder, Contributor, or a customer. Any return, refund, or cancellation requests which We may receive from Users with whom You have transacted business will be re-directed to You, the Merchant or GMG Pro. We are not liable, and You, as Merchant or GMG Pro, are solely responsible, for handling any and all return, refund, and cancellation requests in accordance with Your separate return, refund, and cancellation policy including, without limitation, the method of return, refund, or compensation. We reserve the right to terminate Your Merchant or GMG Professional Account and remove all of Your User Content for any violation of this policy.
2. As a Merchant or a GMG Pro, if Your customer is entitled to a refund for a return or cancellation, based on an agreement between You and the customer or according to the Company’s policies regarding such transaction, You authorize us, and we may, but are under no obligation, to pay to the customer the corresponding refund amount on Your behalf.
3. Without limiting Your obligations, as Merchant or GMG Pro, We may, in our sole discretion, accept, calculate, and process returns, refunds, cancellations, and adjustments for the benefit of Your customer, all of whom are Users of the Site and Platform Services. We will make any payments to customers in the manner We determine, and You will reimburse us for any and all amounts that We pay in relation to said returns, refunds, cancellations, and adjustments.

1. You, as Merchant or as GMG Professional, acknowledge and agree that You are solely responsible, and that We assume no liability, for finding and providing for Your own appropriate business insurance needs and responsibilities for Your type of business when applying for a Merchant or GMG Professional account. This may include, but is not limited to, general liability, product liability, professional liability, cyber liability, commercial property, business interruption, workers’ compensation, cargo and transit, intellectual property, employment practices liability, or any other forms of insurance whether or not they are required by Federal, State, or Local laws for Your type of business.
2. As part of Your being allowed to operate a Merchant or GMG Professional account, We require that You name Us as an additional insured on Your insurance policy. Please use the following information as Your insurer requires in order to add Us as an additional insured on Your insurance policy:
   • Additional Insured’s name:

     Luxauro, LLC

   • Additional Insured’s address:

     P.O. Box 904

     Condon, MT 59826

   • Nature of the Relationship:

     The merchant/professional service provider [Your business name/professional’s name] and Luxauro, LLC have entered into an agreement whereby the merchant/professional service provider offers their products/professional services through Luxauro.com.

   • Reason for Being an Additional Insured:

     As per the agreement between the merchant/professional service provider and Luxauro.com, the merchant/professional service provider agrees to include Luxauro, LLC as an additional insured on their business liability insurance policy(ies) for coverage against claims related to the product(s)/service(s) offered through Luxauro.com.

   • Endorsement Requirements:

     The merchant/professional service provider will maintain adequate insurance coverage, naming Luxauro, LLC as an additional insured. Such insurance shall include but not be limited to general liability, product liability, professional liability coverage(s) with limits of not less than $1,000,000 per occurrence and $1,000,000 aggregate limit, and any other insurance required by applicable laws. A certificate of insurance shall be provided to Luxauro, LLC upon request, confirming Luxauro, LLC is listed as an additional insured.

3. Proof of insurance must be updated and submitted annually, or upon any insurance policy changes, and maintained without interruption as long as Merchant or GMG Professional is active in the marketplace.

4. We may require verifiable proof of such insurance as We deem necessary. If You are unable to provide verifiable proof of insurance coverage for Your business upon request, we may, at our discretion, cancel Your Luxauro Merchant account or GMG Professional account.

Defective Products. You, as Merchant, are solely responsible for any non-performance, non-delivery, misdelivery, theft, loss, breakages, or other mistake or act in connection with the sale, fulfillment, or delivery of Your products.

Compliance with All Laws and Regulations. You, as Merchant or GMG Professional, agree to comply with all applicable laws, rules, regulations, ordinances, orders, licenses, permits, judgments, decisions, and other requirements, of any governmental authority, whether domestic, international, federal, state, local or provincial, and whether in effect now or in the future and as may be amended from time to time (“Applicable Laws”) including with respect to e-commerce, privacy, intellectual property, use of the Platform Services, marketing, sale and provision of and any and all statements concerning Your products, store, services, and User Content.

Service Fee changes. We may amend the Subscription Fees and charges on 30 days prior written notice to You, by emailing Your email address contained in Your Merchant or GMG Professional account. When we notify You of any adjustments to the Subscription Fees which affect a Service, You may terminate the relevant Service on written notice to us prior to the date in which the adjustments come into effect. If You do not terminate the relevant Service after the adjustments come into effect, the adjustments apply to You from the date they come into effect.

Privacy. (See Privacy Policy) You, as Merchant or GMG Professional, agree to protect the privacy of all Users with whom You interact on Our Site and who use Our Platform Services, including, but not limited to, personally identifiable information (“PII”), such as names, e-mail addresses, and physical addresses. This information is provided to You purely for the purposes of fulfilling customers’ product and service orders and any other relevant services. Any and all User information that You may receive may not be used or disclosed for any other purposes, including, but not limited to, cross-promotional marketing of any other products or services including any other products or services of Your own, without separate, verifiable consent from each User which must be obtained independently from Us or the Platform Service. You are expected to maintain and You will be required to produce any and all records of verifiable consent upon request.

Data and Security. You, as Merchant or GMG Professional, agree to establish and maintain the following data and security measures:

1. Determine the required legal basis for Your collecting and/or processing of personal information;
2. Manage and report any and all security issues;
3. Conduct and manage any and all transfers of data of any kind;
4. Contract only with data processors that employ adequate security standards for personal data and that include appropriate contractual language;
5. Maintain Your own records of data processing activities;
6. Comply with the Federal Gramm-Leach-Bliley Privacy Act, and any other applicable Federal, state, and local privacy laws;
7. Conduct any required data protection impact assessments.

1. Source documentation to substantiate the claims, statements, and promises of any product, store, service, or User Content;
2. Merchant’s or GMG Professional’s actions to deliver products or services;
3. Production and shipping timelines and information; and
4. The personal identification information of Merchants, GMG Professionals, vendors, and suppliers.

1. Refunds;
2. Chargeback disputes;
3. Fraud;
4. Violation of these Terms or other policies; or
5. Any other situation giving rise to such delay.
6. Additionally, payment may be withheld pending the receipt and evaluation of information requested through paragraph 5.18 above or pending any investigation into Your account or practices that may be undertaken by Us or any legal authority. If You do not provide information within the requested time or are unable to substantiate claims made in Your product(s), store(s), service(s), or User Content, We may terminate Your account and apply any remedies available to Us under these Terms or applicable law. We may also seek reimbursement from a Merchant or GMG Professional by any and all means under the law, including, but not limited to, using third-party collection services, for all costs, expenses, and losses, including reasonable attorneys’ fees, incurred or suffered by Us by reason of Your breach of these Terms or any of the policies governing Your use of Our Site and Platform Services.