Privacy Policy and Terms of Service

Privacy Policy

This Privacy Policy (“policy”) applies to information that is collected by Grahm Lux (“We” or “Us” or “Our”). This policy applies only to information collected through a computerized device by Grahm Lux digital properties (collectively, the “Sites”). Any changes we make to this Privacy policy may take place with no notice to you, and can be found by visiting the Sites.

By using the Sites, you consent to the transfer of your data overseas and across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. The laws governing data in your home country may differ from those in the countries to which data is transferred. By accessing and using the Sites, you consent to the transfer of your data in this manner.

In providing your personal data you consent to Grahm Lux using the data collected in order to meet our commitments to you and to provide you with the service you expect. We need your personal data for the following purposes:

To create your personal account at grahmlux.com
To process your orders
To be able to send text message notifications of delivery status
To be able to send you marketing offers such as newsletters and our catalogues
To be able to contact you in the event of any problem with the delivery of your items
To enable us to answer your queries and to inform you of new or changed services
To notify the winners in promotions
Managing your account by carrying out credit checks
To be able to analyze your personal data to provide you with relevant marketing offers and information
To be able to validate that your are of legal age for shopping online

We will only keep your data for as long as necessary to carry out our services to you or as long as we are required by law. We cannot remove your data when there is a legal storage requirement, such as book keeping rules or when there is a legal ground to keep the data, such as an on-going contractual relationship.

Non-personal data is used as described above and in other ways as permitted by applicable laws, including combining non-personal data with personal data.

We may share data with third parties when necessary to fulfill a transaction with them, complete a service, carry out administrative services, or when required by law. Grahm Lux may also supply your personal data to organizations such as credit reference or debt collection agencies for the purposes of credit checks, identity checks, monitoring a credit rating and debt collection. Additionally, we will share your data if such sharing is required by law or to protect against potential or suspected fraud. Also, if Grahm Lux undergoes a merger, reorganization, or all or part of our assets are sold or acquired by another party, your personal data may be shared.

No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. That said, once we receive your transmission, we have technical and organizational measures in place to help protect your data from unauthorized access.

For card purchases, we work with an authorized payment agent. When you pay by card we reserve the right to carry out an identity check.

You can access your personal account to update your personal data. Please note, however, that your personal account information is protected by your user name and password. It is your responsibility to maintain the security of your username and password as any actions taken while logged into your account will be your responsibility.

We do not collect any personal data directly from individuals under the age of 13. If we discover that any such information is in our possession, we will delete it.

This policy applies only to information collected on the Sites. We collect two types of information from visitors to the Sites: (1) Personal data and (2) Non-personal data.

“Personal data” is information that identifies you personally, such as your name, address, telephone number, email address, and your Internet Protocol (IP) address. We may collect this information when you create a profile on our Sites, visit our Sites, or complete a purchase.

“Non-personal data” can be technical in nature. It does not identify you personally. Examples of non-personal data include the following:

Cookie -- A “cookie” is a small text file that is saved to and during subsequent visits, retrieved from, your computer or mobile device which we may use to enhance your experience on the Sites. There may be third-party cookies on our Sites, which we use to collect statistics in aggregate form in analysis tools. Some of these cookies may track your behavior across multiple websites. There are two types of cookies: persistent and temporary (session cookies). Persistent cookies are stored as a file on your computer or mobile device for a time period no longer than 24months. Session cookies are stored temporarily and disappear when you close your browser. We may use both types. You can easily erase cookies from your computer or mobile device using your browser. For instructions on how to handle and delete cookies please look under "Help" in your browser. You can choose to disable cookies, or to receive a notification each time a new cookie is sent to your computer or mobile device. However, please note that if you choose to disable cookies, you will not be able to take advantage of all features on the Sites.
Web Beacons (also known as "clear gifs," "web bugs" or "pixel tags") -- "Web Beacons" are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Sites and to help determine the effectiveness of promotional or advertising campaigns. 
Demographic Information -- "Demographic Information" may be your gender, age, zip code, geolocation data and interests, which you voluntarily provide to us on and through the Sites. We use this information to provide you with personalized services and to analyze trends to ensure the information provided by the Sites meet your needs. Please note that we also consider aggregated information, which is not personally identifiable, to be non-personal data.

The above list provides non-comprehensive examples of the non-personal data that is collected via the Sites.

Please note that our Sites do not support “Do Not Track” browser settings and do not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal or non-personally identifiable information.

The Sites may include links to other websites which don’t fall under our supervision. We cannot accept any responsibility for the protection of the privacy or the content of these websites, but we offer these links to make it easier for our visitors to find more information about specific subjects.

We communicate with users who subscribe to our services on a semi-regular basis via email. For example, we may use your email address to confirm your request, send you notice of payments, send you information about changes to our products and services, send notices and other disclosures as required by law, etc. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional.

We provide you the opportunity to exercise an opt-out choice if you do not want to receive other types of communication from us, such as emails or updates from us regarding new services and products offered on the Sites. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. You also may opt-out of receiving such emails by clicking on the “unsubscribe” link within the text of the email.

By using the Sites and providing your mobile phone number, you hereby consent to receive autodialed and/or pre-recorded telemarketing calls and text messages from or on behalf of us at the mobile number that you provide at sign-up. You understand that consent to receiving messages on your mobile device is not a condition of purchase and understand that message and data rates may apply. Additionally, should you choose to stop receiving such messages, you can reply STOP to a text message once it is received. However, you hereby consent to receiving a confirmatory message in response to your STOP request.

Visitors who are California residents may request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please contact us via http://grahmlux.com/contact with “Request for California Privacy Information” on the subject line and in the body of your message.

Terms of Service

Welcome to grahmlux.com! These Terms of Use (“Terms”) govern the the Grahm Lux digital properties (the “Site”). Grahm Lux is a brand owned by Silent Drop LLC (“we” or “us” or “our” or “Grahm Lux”). The Site is provided as a service to our customers. Your use of the Site is governed by these Terms. By using the Site, you agree to be bound by these Terms. We reserve the right to update or modify these Terms at any time without any notice to you. If you do not agree to these Terms, please do not use or access the Site. Your use of the Site constitutes your agreement to follow and be bound by these Terms. By accepting these terms and conditions through your use of the website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

Content Permission & Restrictions

Unless otherwise noted, the design of the Site, including the software, source code, text, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site. Certain parts of the Site may allow you to share Content with your friends on social media platforms. These features grant you a limited license to display the Content as directed, and you understand that you have no other right, title or interest in or to the Content. Except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Site. Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state or international laws.

Accuracy of Information on the Site

We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.

Shipping Limitation

When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to shipment conditions, by accepting these terms and conditions through your use of the Site. You are responsible for contacting Grahm Lux Customer Service regarding any claims for damaged and/or lost shipments.

Email Communication

By making a purchase on the Site or otherwise creating an account on the Site, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).

Confirmation of Orders

While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order. We reserve the right, without any notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Cancellation or Refusal of Orders

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You have the right to return any order within 30 days from receiving the order. The right applies only in the case that the product and its original packaging can be returned in the same condition as when received. Contact Grahm Lux Customer Service in order to return your item. Return shipping is paid by you.

Merchandise & Availability

The merchandise sold through the Site is intended to comply with U.S laws and regulations. If you are a non-U.S based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S.
Merchandise availability on our Site is not guaranteed as it may be low in stock.

User Comments

From time to time, we may allow users to post comments, suggestions, ideas, materials and other submissions (“User Comments”) on the Site. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to fully exploit such User Comments. You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.

Although User Comments may be posted on the Site, the posting of those submissions does not constitute our endorsement of such User Comments. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death made in connection with User Comments. We reserve the right to remove any User Comments that we deem to be in violation of the above.

Links to Third Party Site

The Site may include links to other websites maintained by third parties. These links are provided to you solely as a convenience, and the inclusion of these links to third party websites does not imply endorsement by us of the content or materials on these websites. Your access to these third party websites is at your own risk and we will have no liability arising out of or related to such websites or your access to or use of such websites.

Prohibited Uses of Site

You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site.

Registration, Accounts and Passwords

You are responsible for the personal protection and security of any password or username that you may use to access the Site. You are responsible for all activity conducted on the Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to our Customer Service.

If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately. We reserve the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests.

Disclaimer of Warranty & Limitation of Liability:

YOUR USE OF THE SITE AND/OR THE PHYSICAL PRODUCTS HEREIN ARE AT YOUR RISK. THE INFORMATION, MATERIALS, CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITH RESPECT TO OUR PRODUCTS, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of this Site or breach of these Terms.

Jurisdiction and Venue

These Terms shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. Venue shall be any state or federal court within the borough of Manhattan in New York City.

Dispute Resolution

You agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“dispute”), you shall first try in good faith to settle such dispute by providing notice to us, allowing 30 days for our response to the dispute. Notice shall be sent to Grahm Lux Customer Service. In the event that Grahm Lux is unable to resolve the dispute with you, you agree Grahm Lux may elect to resolve the dispute by utilizing binding arbitration, which shall be adjudicated by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in New York before one arbitrator to be mutually agreed upon by both parties. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.

Resale of Product & Order Acceptance

The Site sells products to retail consumers only. You shall not use the Site to purchase products for re-sale or export. In addition, we do not accept orders from any resellers, dealers, exporters, or distributors who may resell the products offered by us. We reserve the right to immediately bar access to the Site and terminate the account of any user who violates this provision.

Privacy Statement

We are committed to protecting the privacy of the visitors to the Site. For information on how information is collected, used, or disclosed by us in connection with your use of the Site, please consult our Privacy Policy.

By submitting information for purposes of the “Share Your Story” section of grahmlux.com, you agree to the following:

You grant us a royalty-free, perpetual, irrevocable, worldwide license to edit and use your content (photograph/video/caption/text etc.) submitted to us (the ”Content”) for all marketing and advertising purposes, including but not limited to: Instagram, Facebook, Twitter, Pinterest, Tumblr, WeHeartit, LinkedIn, Polyvore, grahmlux.com and in other digital media and in print media. This license can also be transferred by Grahm Lux and its affiliated companies to third party collaborators for the purpose of promoting products under the Grahm Lux brand. This license also includes a right, but not an obligation, to refer to the creator of the Content and the social media account where the Content was uploaded. You confirm that you own or control the rights to the Content. If you are under 18 years old you guarantee that you have your parents consent to submit Content to us and engage in this contract. Furthermore, you certify that the Content submitted by you does not violate any rights of a third party or any law.

Customer Service

If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact our Customer Service team.