Terms of Service
Last updated: Oct. 21, 2025
OVERVIEW
This website is operated by Lux & Nyx (“Lux & Nyx,” “we,” “us,” or “our”). By visiting our site and/or purchasing from us, you agree to be bound by these Terms of Service (“Terms”), including additional terms and policies referenced herein or available by hyperlink (e.g., our Privacy Policy and Mobile Messaging Terms below). Any new features or tools are also subject to these Terms. We may update these Terms by posting changes on this page.
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction, or you have given us consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose. You must not transmit any worms, viruses, or code of a destructive nature. A breach or violation of any Terms may result in immediate termination of your Services.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. Your content (excluding credit card data) may be transferred unencrypted across networks and adapted to technical requirements. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The material on this site is provided for general information only and should not be relied upon as the sole basis for decisions. Historical information is not current and is provided for reference only. We may modify the contents of this site at any time but have no obligation to update information.
SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES
Prices are subject to change without notice. We may modify or discontinue the Service (or any part) without notice at any time and are not liable for any modification, price change, suspension, or discontinuance.
SECTION 5 — PRODUCTS OR SERVICES
Certain products or services may be available exclusively online with limited quantities and subject to our Return Policy. We strive to display product colors/images accurately but cannot guarantee your monitor’s display. We may limit sales by person, region, or jurisdiction, and discontinue any product at any time.
SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION
We may refuse any order. We may limit or cancel quantities per person, household, or order, including orders under the same account, card, or address. Provide current, complete, and accurate purchase/account information, and promptly update details so we can complete transactions and contact you as needed.
SECTION 7 — OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available” without warranties or endorsements. Use of optional tools offered through the site is entirely at your own risk and discretion.
SECTION 8 — THIRD-PARTY LINKS
Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and will not have liability for materials, products, or services of third parties.
SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send creative ideas or other materials (“comments”), you agree that we may edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you send us. We may monitor, edit, or remove content we determine unlawful or objectionable. You agree your comments will not violate any rights of any third party.
SECTION 10 — PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally information on our site or in the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 12 — PROHIBITED USES
You are prohibited from using the site or its content for unlawful purposes; to solicit others to perform unlawful acts; to violate laws; to infringe intellectual property; to harass or discriminate; to submit false information; to upload viruses; to collect personal information; to spam or scrape; for obscene or immoral purposes; or to interfere with security features.
SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free. The Service and all products are provided “as is” and “as available,” without warranties of any kind, unless expressly stated. In no case shall Lux & Nyx or our affiliates be liable for indirect, incidental, punitive, special, or consequential damages. Some jurisdictions do not allow exclusions; in such cases, liability is limited to the maximum extent permitted by law.
SECTION 14 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Lux & Nyx and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of these Terms or your violation of any law or third-party rights.
SECTION 15 — SEVERABILITY
If any provision of these Terms is unlawful, void, or unenforceable, such provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the validity of remaining provisions.
SECTION 16 — TERMINATION
These Terms are effective unless and until terminated by either you or us. We may terminate your access if we believe you have failed to comply with any provision. Obligations and liabilities incurred prior to termination shall survive termination.
SECTION 17 — ENTIRE AGREEMENT
These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding prior agreements.
SECTION 18 — GOVERNING LAW
These Terms and any separate agreements are governed by the laws of the State of Missouri, without regard to conflict-of-law principles.
SECTION 19 — CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page. We may update, change, or replace any part by posting updates. Your continued use of the site or Service following changes constitutes acceptance.
SECTION 20 — CONTACT INFORMATION
Questions about the Terms of Service should be sent to hello@luxandnyx.com or by mail: Lux & Nyx, 3630 Corporate Trail Dr, Earth City, MO 63045.
SECTION 21 — MOBILE MESSAGING TERMS (SMS/MMS)
These Mobile Terms govern your participation in Lux & Nyx’s SMS/text messaging program (the “Service”). By consenting to receive SMS from us (e.g., providing your number at checkout, via sign-up form, or texting a keyword), you agree to these Mobile Terms, which supplement and form part of the Terms of Service. We may modify or cancel the Service or any features at any time. To the extent permitted by law, we may modify these Mobile Terms; your continued use after the effective date constitutes acceptance.
Program Description
Messages may include service-related updates (e.g., order/account alerts) and marketing communications (e.g., promotions, product launches, cart reminders). Texts may be sent using an automatic telephone dialing system or other technology to the mobile number you provided, even if your number is on a state or federal Do Not Call list. Your consent is not a condition of purchase. Participation is voluntary.
Cost & Frequency
We do not charge for the Service, but message and data rates may apply from your wireless provider. Message frequency varies.
Opt-Out
You may opt out at any time by texting the single keyword command STOP to +1 (844) 862-4204 or clicking the unsubscribe link (where available) in a text. You will receive a one-time confirmation message. No further messages will be sent unless initiated by you. If you are subscribed to other Lux & Nyx mobile programs, you must opt out of those programs separately, unless otherwise required by law.
Help
For support, text HELP to +1 (844) 862-4204 or email hello@luxandnyx.com.
Carriers
Supported carriers are not liable for delayed or undelivered messages. Delivery may be affected by device, carrier, or network conditions.
Your Responsibilities
You agree to provide a valid mobile number. If you change or deactivate your number, you must re-enroll with the new number. To the extent permitted by law, we are not liable for failed, delayed, or misdirected delivery; any errors in information; or actions you take in reliance on the Service.
Data & Privacy
We collect phone numbers and related data to operate the Service, including opt-in/opt-out status and limited engagement metrics. We may use cookies, pixels, or plugins on our website to detect shopping cart activity—including abandonment—to trigger cart reminder texts. We may use third-party SMS providers (e.g., Klaviyo) to deliver messages on our behalf. We do not sell, rent, or share text messaging originator opt-in data and consent with any third parties for their own marketing purposes. For more information on how we collect, use, and protect personal information—including location data where enabled—see our Privacy Policy.
Changes to Numbers/Short Codes
We may change any short code or long code used to operate the Service and will notify you of changes. Messages sent to a retired number or short code (including STOP/HELP requests) may not be received; we are not responsible for honoring requests sent to numbers we no longer use.
Eligibility
You must be the account holder or have the account holder’s permission to enroll the mobile number. By participating, you represent you are the age of majority in your jurisdiction.
