Terms & Conditions
By using the Luxgenic site, you agree to the below.
These terms and conditions apply to the website located at Luxgenic.ca and all associated websites linked to luxgenic (collectively the “Site”) operated by Luxgenic Inc., Its subsidiaries and affiliated companies (collectively hereinafter “Luxgenic”). Please read these terms and conditions (the ‘Terms and Conditions’) carefully. BY VISITING AND/OR USING THE SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not wish to be bound by these Terms and Conditions, do not access or use the Site.
ARBITRATION
These Terms and Conditions govern your use of this Site shall be governed by and construed in accordance with the laws of the State of Delaware, without resort to its conflict of law provisions. You agree that any action at law or in equity or any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or purchases from the Site thereof (collectively, "Claims") shall be resolved by binding arbitration, as described below, instead of in court, except that each party retains the right to bring an individual action in small claims court. You further agree that arbitration must be on an individual basis and that you are hereby waiving your right to join or consolidate Claims in arbitration or arbitrate any claims as a representative or member of a purported class. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE
RIGHT TO A TRIAL BY JURY. This arbitration provision shall survive the termination of these Terms and Conditions, as well as any other contractual agreement that you may have with the Company.
You acknowledge and agree that, by agreeing to these Terms and Conditions, the Federal Arbitration Act (“FAA”) shall govern the interpretation and enforcement of this provision and that any such arbitration must proceed with the American Arbitration Association ("AAA"), before a mutually agreed-upon single arbitrator licensed to practice law. It will be conducted in accordance with the then-prevailing Arbitration Rules of the AAA and the arbitrator shall be bound by these Terms and Conditions. The arbitrator shall have authority to award or grant legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties and shall remain private.
Change of Terms
Luxgenic may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Luxgenic may give by any means, including, without limitation, by posting the revised Conditions on the Site. You are responsible for reviewing the Site for any modifications to these Conditions that may affect your rights or obligations. Any change or modification will be effective immediately upon posting of the revisions on the Site. Any access or use by you of the Site after changes to these Conditions will constitute your acceptance of the revised terms. If you do not agree to the amended terms, you must stop using the Site.
Site content
The Site and all content and other materials, including, without limitation, text, icons, graphics, logos, images, designs, pictures, selection, coordination, "look and feel", information, data, sound files, and other files and software is the proprietary property of Luxgenic or its affiliates, licensors or users and is protected by United States and international trade dress, copyright laws, patent and trademark laws, and various other
intellectual property rights and unfair competition laws. Copyright in the documents and material on the Site is owned by or licensed to Luxgenic.
You are authorised to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Site without the written permission of Luxgenic or any third party that may own such trademarks or service marks. Luxgenic will aggressively enforce its intellectual property rights to the fullest extent of the law.
Trademarks
Luxgenic, the Luxgenic logos, and any other product or service name or slogan contained in our Site are trademarks of Luxgenic and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Luxgenic or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilising "Luxgenic" or any other name, trademark or product or service name of Luxgenic without our prior written permission. All other trademarks,
registered trademarks, product names and Luxgenic names or logos mentioned in our Site are the property of their respective owners.
Use of the site
You are granted a personal, limited, non-sub-licensable license to access and use our Site and electronically copy (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and/or use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimises, covers, or frames or inhibits the full display of our Site; (h) use our Site in any way which interferes with the normal operation of our Sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorised herein, without the prior written permission of Luxgenic, is strictly prohibited and will terminate the license granted herein. Such unauthorised use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
Product availability
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third-party fulfilment provider's inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
If you are interested in a piece of jewelry that is currently on back order, email us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.
Pricing
In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. Inadvertent errors or inaccurate advertised prices are not binding on Luxgenic, and may be adjusted by Luxgenic at any time. Luxgenic reserves the right to correct any and all errors when they do occur. If an order is placed with a product's listed price that is lower than the actual price, Luxgenic will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Our prices are also subject to change without notice. Should Luxgenic change a retail price, offer a site discount, or offer a promotional discount via email, social media advertisement, or other advertisement, Luxgenic will, in its sole discretion, match the lower or discounted price upon notification by you within thirty (30) days of your original purchase. In the case of a price match, Luxgenic will issue a credit for the difference of the price paid less the discounted price to the original purchase method. Luxgenic does not price match finished jewelry against any other website or competitor. Luxgenic does price match loose diamonds against US competitors. If you have any questions, please do not hesitate to contact one of our specialists at luxgenic.ca@gmail.com
Your account and order
When you access or use the Luxgenic website or your personalized Luxgenic account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. If you are under the age of 18 years old, you may use Luxgenic.com only under the guidance and direction of a parent or guardian. Please note that Luxgenic reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.
In the case where a customer files a chargeback, Luxgenic has the right to recover its direct and indirect costs, and cancel any promotional items, free shipping, or other benefits, as determined in Luxgenic's sole and absolute discretion.
Shipping
Please review our shipping policy.
Passage of title
Title for goods purchased passes from to the purchaser's designee at the time that goods are delivered to the designee.
Signature requirements for delivery
For your protection, Luxgenic insures and registers all items for their full value. Luxgenic requires that all deliveries must be made to a physical business or home address only - we do not ship to P.O. Box addresses. We also require an adult to sign for the delivery of all orders.
Returns
Customers who buy repeatedly and return all or most of the items they purchase, causing Luxgenic to endure excessive and costly re-stocking of merchandise, are subject to being designated as Returns Abusers. Luxgenic has the sole, unfettered discretion to designate Returns Abusers as such. Luxgenic further reserves the right to limit access to this website and/or terminate the accounts of any users whom Luxgenic has determined
to be Return Abusers. Please see our Return Policy for information on any item you may wish to return.
Cancellation of products
Luxgenic reserves the right to cancel products or services to any customer for any reason at any time. The customer's sole remedy in such cases will be the full refund of any funds that we have collected in reference to the canceled products and/or services.
Comparison purchasing
We do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly. To confirm the quality of a jewelry item, please contact one of our diamond and jewelry specialists at luxgenic.ca@gmail.com and we will be happy to help you make your choice.
Privacy policy
Please review our Privacy policy.
Repeat infringer policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Luxgenic has the sole discretion to terminate and bar specific website users or Luxgenic account holders who under appropriate circumstances are determined to be repeat infringers. Luxgenic further reserves the right to limit access to this website and/or terminate the account of any users whom Luxgenic reasonably suspects to have infringed any intellectual property rights of others, whether or not there is any repeat infringement.
Advertisements and promotions
Luxgenic may run advertisements and promotions from third parties on our website. These advertisements and promotions are conducted under the direction of the third party and Luxgenic is not responsible or liable for any loss, damage or liability incurred by you as a result of any dealings with the third party provider or resulting from the presence of these unaffiliated third parties on our website. Any business transactions, correspondence with, participation in the promotions of, advertisers other than Luxgenic and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
Feedback and submissions
You acknowledge and agree that any feedback or submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this website, Luxgenic, or the Luxgenic products or services that are provided by you to Luxgenic in any form are not confidential and upon submission, shall become the sole property of Luxgenic. Luxgenic shall own exclusive rights, including all intellectual property rights to said feedback and
submissions, and shall be entitled to the unrestricted use and dissemination of the feedback and submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Luxgenic and its sublicensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to
this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not and does not violate any rights of or cause injury to any person or entity.
Social media user content
At times, Luxgenic may reach out to social media users to seek their permission to feature our favorite content on our Site, social channels, or in promotional materials. Luxgenic may request permission from you to use your social media User Content consisting of photos, text, graphics, audio, video, comments and other materials from social media sites, in connection with Luxgenic’s business, product features, marketing, promotional, advertising and other consumer-related activities.
When you respond to a request for permission to use your social media User Content, you are granting Luxgenic and its related agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sub-licensable right to use your social media User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your social media User Content in any manner in their sole discretion, with no obligation to you whatsoever.
You are also granting the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your social media User Content.
You are also agreeing, representing and warranting that (i) you are solely responsible for your social media User Content, (ii) you own all rights in and to your social media User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such social medial User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your social media User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the social media User Content is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
Please note that the social media User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your social media User Content as described herein. Your personal information may also be transferred to servers located outside the country in which you live or to third parties in other countries so that we may process personal information on the Licensed Parties behalf. By providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Conditions, the Luxgenic Privacy Policy and applicable data protection laws and regulations.
The Licensed Parties reserve the right to remove any social media User Content from the Site. If you believe any content, including social media User Content, residing on the Site infringes any person’s or entity’s copyright rights, please contact Luxgenic.
Disclaimer of warranties
The Site, the content contained therein and the products provided in connection therewith are provided on an 'as is' and 'as available' basis. Luxgenic makes no representations or warranties of any kind, whether express or implied, as to the operation of the Site or the information, content, materials or products included on it. You expressly agree that your use of the Site is at your sole risk, by your own free will, and that you are solely responsible for any consequences arising from this use. Without limiting the foregoing, Luxgenic disclaims all warranties, whether expressed or implied, including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose, title, and noninfringement as to the information, content, and materials on the Site. Luxgenic does not warrant that the Site, its servers, or its electronic communication are accurate, reliable, complete, current or free of viruses
or other harmful components.
Product reviews and user content
Luxgenic Site and social media accounts include or may include in the future a product review feature, discussion forums, user generated content, or other areas or services in which you or a third party has the opportunity to create, post, or store content, messages, materials or other items on our site or social media accounts (“Interactive Areas”). You shall be solely responsible for your use of such Interactive Areas. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following: (a) Any message, data, information, text, music, sound, photos, audio, video, graphics, code, comments and other materials (“User Content”) that is or would reasonably be considered to be unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law, statute, rule, regulation or ordinance, including, but not limited to, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ; (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) User Content that
impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) Unsolicited promotions, political campaigning, advertising or solicitations; (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (g) Viruses, malware, corrupted data or other harmful, disruptive or destructive files; and (h) User Content that, in the sole judgment of Luxgenic, is objectionable or which restricts or inhibits any other person from using or enjoying the interactive areas or our Site, or which may expose Luxgenic or its users to any harm or liability of any type or kind whatsoever.
If you post User Content to our Site, email User Content to Luxgenic, and/or provide Luxgenic permission to use, repost, or otherwise share User Content you have created or shared on social media, you grant Luxgenic a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You further grant Luxgenic and sublicensees the right to use the name that you submit in connection with such content, if they choose to do so. You represent and warrant that: (a) you own and control all of the rights to the User Content or you otherwise have the right to such User Content; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
Luxgenic disclaims any responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor shall Luxgenic be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter as a result of said User Content posted. Your use of the Luxgenic interactive areas is at your own risk. Luxgenic is not liable for any statements, representations or User Content provided by
its users in any public forum, personal home page or other interactive area. Additionally, Luxgenic reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site at your sole cost and expense.
Any use of the interactive areas or other portions of the Luxgenic Site in violation of the foregoing paragraph violates these Terms and Conditions and may result in termination or suspension of your rights to use the interactive areas and/or our Site.
Limitations of liability
In no event shall Luxgenic, its members, managers, employees, affiliates, agents or representatives or any other party involved in creating, producing, or delivering the Luxgenic products be liable to you or any third party for damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, incidental, special, punitive and consequential damages or other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in contract, tort, or otherwise, including negligence, arising out of or in any way connected with or resulting from the use of our Site, the products, the services or the content contained in or accessed through the Site, or that results from the reliance by the user on any information obtained from Luxgenic, including any error or omission regarding listed diamond origin, any mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance of the Site, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to Luxgenic programs or services, even if Luxgenic is expressly advised of the possibility of such damages, or even if the loss, damage or expense was caused by Luxgenic, its members, managers, employees, affiliates, agents
or representatives. In no event shall Luxgenic's liability be greater than the price you paid for the product or service that is the basis for the claim.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
Link to other sites and services
Links to other Internet sites and services operated by third parties, including Luxgenic vendors, do not constitute sponsorship, endorsement, or approval by Luxgenic of the content, policies, or practices of such linked sites or services. Luxgenic is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.
Termination
Notwithstanding any of these Conditions, Luxgenic reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future access to and use of the Site.
Miscellaneous
These Conditions contain the entire understanding of you and Luxgenic with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Luxgenic with respect to the subject matter hereof. The failure of Luxgenic at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Luxgenic to thereafter enforce each and every provision of these Conditions. No waiver by Luxgenic of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions or portion thereof is declared invalid or otherwise determined to be invalid, illegal, or unenforceable for any reason, the remaining portions of the applicable provision and these Conditions will not be affected or impaired, and shall be considered valid and enforceable, and therefore shall be enforced to the greatest extent allowed by law. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.
Questions & contact information
Should any comments or questions arise concerning the Terms please contact Luxgenic:
By E-mail: luxgenic.ca@gmail.com
292 Hillcrest Drive SW, Airdrie, Alberta T4B 4C7.
Terms and conditions last updated on August 5, 2025.