Termini e condizioni del servizio
Terms of Service
Last updated: July 26, 2026
Welcome to www.vystaco.com (the "Website").
By accessing the Website or placing an order, you agree to be bound by these Terms of Service, together with our Privacy Policy, Refund & Return Policy, and Shipping Policy, each of which is incorporated into these Terms by reference. We reserve the right to change these Terms of Service from time to time. Changes take effect when posted to the Website, and your continued use of the Website following such changes constitutes your acceptance of the amended Terms. If at any time you do not agree to these Terms of Service, please do not use the Website.
In these Terms of Service, "we", "us" and "our" refer to LUXORA GLOBAL LLC, a limited liability company organized under the laws of the State of Montana, United States, doing business as Vystaco.
1. Eligibility and Use of the Website
1.1 You must be at least 18 years of age, or the age of majority in your jurisdiction, to place an order on the Website. By placing an order you represent that you meet this requirement and that the payment method you use is lawfully yours to use.
1.2 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations regarding the Website.
1.3 You are prohibited from violating or attempting to violate the security of the Website, including without limitation accessing data not intended for you, logging into a server which you are not authorized to access, probing, scanning or testing the vulnerability of a system or network, breaching security or authentication measures, or interfering with the access to or use of the Website by other users.
1.4 You shall not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or any other materials which are malicious or technologically harmful, and shall not attack the Website in any manner whatsoever, including without limitation via denial-of-service or distributed denial-of-service attacks.
1.5 You shall not use any robot, spider, scraper, or other automated means to access the Website, copy product listings or images, or collect information for any commercial purpose without our prior written consent.
1.6 You are responsible for providing accurate, current and complete information at checkout, including your shipping address, email address and phone number. We are not responsible for orders that are delayed, lost or undeliverable because of information you entered incorrectly.
1.7 If you breach, attempt to breach, or we reasonably suspect that you have breached or attempted to breach any provision of these Terms of Service or any applicable laws and regulations, we may cancel your orders and prevent your further access to the Website (including by blocking your IP address) without notice and without compensation of any kind.
1.8 Your breach or attempted breach of these Terms of Service may subject you to civil and/or criminal liability, and we may take legal action against you, including reporting to relevant law enforcement authorities and disclosing your identity to them.
2. Intellectual Property Rights
2.1 All contents on the Website (including without limitation text, designs, pictures, graphics, logos, icons, images, layout, brands, illustrations, audio and video clips, interfaces, codes, software, the compilations, selections and arrangements thereof and other proprietary materials) are owned by us, our affiliates, licensors or other third parties and are protected by applicable laws.
2.2 All trademarks used on the Website are the registered or unregistered marks of us or our affiliates or third party licensors. Nothing in the Website shall be construed as granting any license or right to use any trademarks displayed on the Website.
2.3 You may access, copy, download and print the materials on the Website for your personal non-commercial use only, provided you do not modify or delete any copyright, trademark or other proprietary notices. You obtain no right, title or interest in such materials as a result of such activities.
2.4 Any use of Website contents other than as permitted herein, including without limitation modification, removal, distribution, transmission, reproduction, publication, display, licensing, reverse engineering, transfer, sale, commercial exploitation or creation of derivative works, or use for purposes competitive to our business without our prior written consent, is strictly prohibited.
2.5 If you believe that any content on the Website infringes your copyright, please send a notice to hellovystaco@gmail.com identifying the work, the location of the allegedly infringing material, and your contact details, together with a statement made in good faith. We will investigate and remove infringing material where appropriate.
3. Products, Pricing, and Orders
3.1 Product pictures are for reference only and actual products may vary slightly in color, size, print placement or appearance due to differences in display settings, photography, and manufacturing tolerances. Such variation is normal and is not considered a defect.
3.2 Sizing charts are provided on each product page. Because our products are manufactured to different patterns, we ask that you check the measurements for each item rather than relying on your usual size.
3.3 Our products are novelty apparel intended for casual and recreational use. They are not protective equipment and are not designed or certified for use in any activity requiring safety-rated clothing.
3.4 We reserve the right at any time after receipt of your order to accept or decline the order, or any portion thereof, in our sole discretion, even after you have received an order confirmation. If your payment has already been processed and the order is cancelled by us, we will issue a full refund to your original payment method.
3.5 All prices are displayed in US Dollars and are exclusive of any import duties, taxes or customs fees that may apply in your destination country. You are responsible for any such charges. Refusing to pay customs charges does not entitle you to a refund.
3.6 We give no warranty as to the accuracy, completeness or timeliness of the information on the Website. Any typographical, clerical or other error or omission, including errors in price or product description, may be corrected by us at any time without liability. Where a pricing error is discovered after an order is placed, we will contact you to confirm the corrected price or cancel the order for a full refund.
3.7 We reserve the right to modify or withdraw, temporarily or permanently, the Website or any product offering (or any part thereof) with or without notice, and shall not be liable for any such modification or withdrawal.
4. Shipping, Returns and Refunds
4.1 Our processing times, delivery estimates, cancellation window, and the circumstances in which we issue refunds or replacements are set out in our Refund & Return Policy and Shipping Policy. Those policies form part of these Terms and are binding on you when you place an order.
4.2 Delivery estimates are estimates only and are not guaranteed. Title and risk of loss pass to you upon delivery by the carrier to the address you provided.
5. Email and SMS Marketing
5.1 By providing your email address or mobile number, you consent to receive transactional messages relating to your order.
5.2 If you separately opt in to marketing messages, you consent to receive recurring promotional emails and/or text messages from us at the contact details you provided, including messages sent using automated technology. Consent to receive marketing messages is not a condition of any purchase.
5.3 Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
5.4 You may unsubscribe from marketing emails at any time using the link at the bottom of any message. You may stop marketing text messages by replying STOP to any message, and you may reply HELP for assistance. You may also email hellovystaco@gmail.com to be removed from all marketing lists. Opting out of marketing does not stop transactional messages about orders you have placed.
6. Communication and Submissions
6.1 Any comments, messages, data, suggestions, designs, concepts, reviews, photographs and other items or materials disclosed, submitted or offered to us through or in connection with the Website (collectively, "Submission") are on a non-confidential basis unless otherwise expressly stated on the Website.
6.2 You represent and warrant that no Submission by you (i) violates any laws; (ii) infringes the intellectual property, privacy or publicity rights of others; (iii) is libelous, defamatory, obscene, pornographic, scandalous, threatening, abusive or hateful; (iv) advertises or solicits funds, goods or services, or disseminates spam or similar solicitations; or (v) contains viruses, Trojan horses, worms, corrupted files or other materials that may cause damage to another's computer.
6.3 You shall not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.
6.4 If you make any Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media, including in our advertising, and to carry out any other lawful purposes, without any compensation to you.
6.5 We are not obliged to publish, monitor or retain any Submission and may remove any Submission at our discretion.
7. Links to Other Websites
Where the Website provides links to other websites operated by our affiliates or third parties, these are provided solely for your convenience and shall not be regarded as an endorsement by us. If you access any such websites, you do so entirely at your own risk and are subject to the terms and conditions applicable thereto. We shall not be responsible for any loss, damage or other liability incurred as a result of your use of such websites.
8. Disclaimer and Limitation of Liability
8.1 We do not warrant that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available will be free of harmful elements. You are responsible for using appropriate equipment and protections.
8.2 The Website and its contents are provided on an "as is" and "as available" basis at your own risk without warranties of any kind, express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.3 We shall not be liable for any failure, delay or default caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, strikes, carrier or customs delays, or failures of equipment or networks.
8.4 To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill.
8.5 To the fullest extent permitted by law, our aggregate liability to you for all claims arising from or relating to the Website, our products, or these Terms shall not exceed the greater of (a) the total amount you paid to us for the product or products giving rise to the claim, or (b) one hundred United States dollars (USD $100).
8.6 Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law, and nothing in these Terms limits any statutory rights you have as a consumer that cannot lawfully be waived.
9. Indemnity
You agree to defend, indemnify and hold harmless us, our affiliates, and our officers, members, employees and agents from and against all claims, actions, demands, liabilities, expenses, losses, damages and other costs (including reasonable legal fees) arising from or in connection with your use of the Website or your breach of these Terms of Service.
10. Privacy
Please refer to our Privacy Policy for details about how we collect, use and share your personal information.
11. Payment Disputes and Chargebacks
11.1 If you have a problem with an order, please contact us at hellovystaco@gmail.com before contacting your bank or card issuer. In most cases we can resolve the matter faster than a formal dispute.
11.2 Initiating a chargeback for an order that was delivered as described, or that falls outside the scope of our Refund & Return Policy, is a breach of these Terms. We reserve the right to contest such disputes with evidence of delivery and communication, to recover amounts owed to us, and to decline future orders from you.
12. Governing Law and Dispute Resolution
12.1 Governing law. These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Montana, United States, without regard to its conflict of laws principles and without regard to the United Nations Convention on Contracts for the International Sale of Goods.
12.2 Informal resolution first. Before filing any claim against us, you agree to first contact us at hellovystaco@gmail.com and attempt to resolve the dispute informally. We will try to resolve the dispute by email. If a dispute is not resolved within 30 days of submission, either party may pursue formal proceedings.
12.3 Binding arbitration. If informal resolution fails, any dispute arising out of or relating to these Terms, the Website, or our products shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted in the English language. Judgment on the award may be entered in any court of competent jurisdiction.
12.4 Small claims exception. Either party may bring an individual claim in small claims court if the claim qualifies and remains in that court.
12.5 Class action waiver. You and we each agree that any dispute will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one person's claims.
12.6 Right to opt out of arbitration. You may opt out of Sections 12.3 and 12.5 by emailing hellovystaco@gmail.com with the subject line "Arbitration Opt-Out" within 30 days of your first purchase, stating your name, order number and intent to opt out. Opting out does not affect any other part of these Terms.
12.7 Venue. For any dispute not subject to arbitration, or if Sections 12.3 to 12.5 are found unenforceable, any legal action or proceeding shall be instituted exclusively in the federal or state courts located in the State of Montana, United States. You irrevocably consent to the jurisdiction of such courts and waive any objection to venue.
12.8 Nothing in this Section 12 deprives you of the protection of any mandatory consumer-protection law of the country in which you reside that cannot be derogated from by agreement.
13. General Provisions
13.1 Entire agreement. These Terms of Service, together with the policies incorporated by reference, constitute the entire agreement between you and us relating to your use of the Website and supersede all other communications, discussions and agreements relating to the subject matter hereof.
13.2 Assignment. You shall not assign or transfer any of your rights or obligations under these Terms of Service without our prior written consent. We may assign these Terms in connection with a merger, acquisition or sale of assets.
13.3 Waiver. No failure or delay by us in exercising any right or remedy under these Terms of Service shall operate as a waiver thereof, nor shall any single or partial exercise preclude any further exercise thereof or the exercise of any other right or remedy.
13.4 Severability. If any provision of these Terms of Service is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected, and a legal, valid and enforceable provision most similar to the original shall be substituted.
13.5 Language. These Terms are drafted in English. If a translation is provided for convenience, the English version prevails in the event of any conflict.
14. Contact
If you have any enquiries relating to the Website, please contact us:
LUXORA GLOBAL LLC (dba Vystaco) 1001 S Main St, Ste 600 Kalispell, MT 59901 United States
Email: hellovystaco@gmail.com
Whilst we endeavour to respond to each enquiry as promptly as practicable, we shall not be responsible or liable for any delayed response or omission to respond.
⚠️ INTERNAL CHECKLIST — DELETE THIS SECTION BEFORE PUBLISHING
Filled-in placeholders — confirm these:
- Governing law and venue = Montana. I inferred this from the Kalispell, MT registered agent address, since a registered agent must be located in the state of formation. I have not verified LUXORA GLOBAL LLC's actual state of formation. [FACT: check your Articles of Organization / MT Secretary of State filing.] If the LLC was formed in a different state, change Sections 12.1 and 12.7.
- Entity = LUXORA GLOBAL LLC, replacing BGS ECOMMERCE LLC. Same warning as with the Privacy Policy: this name must match your Shopify Payments account, checkout, and order emails.
New sections I added that were not in your old version — review and delete if unwanted:
- Section 5 — Email and SMS Marketing. You run Klaviyo including SMS/RCS. Sending marketing texts to US numbers without documented consent and STOP/HELP language exposes you to TCPA claims, which are statutory-damages-per-message. This was the most serious gap in the old ToS. Delete only if you do not send marketing SMS at all.
- Section 12.3–12.6 — Arbitration, class action waiver, opt-out. This is the standard US e-commerce shield. Trade-offs: the class action waiver is genuinely valuable protection; the arbitration clause is more debatable, since arbitration fees can exceed the value of a small dispute and some courts scrutinise these clauses closely. The 30-day opt-out in 12.6 exists to improve enforceability. A lawyer should sign off on this section specifically. [FACT: AAA Consumer Arbitration Rules and the current consumer fee schedule need verification at adr.org.]
- Section 8.5 — Liability cap. Your old clause said liability was "limited to a nominal amount," which is vague and a court could disregard it. I replaced it with a concrete cap (amount paid, or USD $100, whichever is greater).
- Section 11 — Chargebacks. Directly supports the dispute-prevention language in the Refund Policy.
- Sections 1.1, 1.6, 3.2, 3.3, 3.6 — age requirement, customer responsibility for address accuracy, sizing, novelty-product disclaimer, and pricing-error handling. All of these tie back to the exclusions in your Refund & Return Policy so the two documents do not contradict each other.
- Section 4 — explicitly incorporates the Refund & Return Policy and Shipping Policy. Without this, your 48-hour windows sit on a separate page with weaker contractual footing.
Still outstanding:
- You do not yet have a Shipping Policy document. Sections 4.1 and the Refund Policy both reference one.
- Consider adding an "I agree to the Terms of Service" checkbox at checkout. Browsewrap terms (a link in the footer only) are enforced less reliably than clickwrap. [FACT: Shopify checkout setting path needs verification in your admin.]
- Not legal advice. This is a drafted template prepared by a non-lawyer. Sections 8, 9 and 12 in particular carry real consequences and warrant professional review before you rely on them.