Terms of service
Terms of Service
OVERVIEW
Welcome to LUMË. The terms "we", "us" and "our" refer to LUMË. LUMË operates this store and website, including all information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). LUMË is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with all policies referred to therein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By viewing, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service and the Privacy Policy, you must not use our Services.
SECTION 1: ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or province in which you reside and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.
In order to use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing address, payment method and shipping address. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all the rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell or assign your account to another person, nor grant any licence in connection with that account.
SECTION 2: OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please be aware that the colours or appearance of a product may differ from how they appear on your screen, depending on the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to those shown in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. LUMË reserves the right to accept or decline your order for any reason at its sole discretion. Your order is not accepted until LUMË confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as LUMË may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify in any way or cancel an order, we will attempt to notify you using the email address, billing address or telephone number provided at the time the order was placed.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use only and not for resale or export for commercial purposes.
SECTION 4: PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in the order confirmation email you receive. Unless expressly stated otherwise, the prices displayed do not include charges for taxes, shipping, order handling, customs clearance or import.
The prices displayed in our online stores may differ from those offered in physical, online or other stores operated by third parties. From time to time, we may offer promotions in respect of the Services that may affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
For all purchases made in our stores, you agree to provide current, complete and accurate purchase, payment and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you have provided is true, correct and complete; (ii) you are duly authorised to use that credit card for the purchase; (iii) the charges you incur will be honoured by your credit card company; and (iv) you will pay the charges you incur at the prices displayed, including shipping and order handling charges and applicable taxes, if any.
SECTION 5. SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. Once we hand the products over to the carrier, title and risk pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including, without limitation, trade marks, brands, text, samples, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are the property of LUMË, its affiliates or licensors and are protected by United States and foreign copyright and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material included in the Services without our prior written consent. Except as expressly set out herein, no part of these Terms grants, or shall be construed as granting, you any licence or other right in respect of any patents, trade marks, copyright or any other form of intellectual property belonging to LUMË, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. LUMË reserves all rights not expressly granted herein.
The LUMË names, logos, product and service names, designs and slogans are trade marks of LUMË, its affiliates or its licensors. You must not use such trade marks without the prior written consent of LUMË. The Shopify name, logo, product and service names, designs and slogans are trade marks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trade marks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be given access to customer tools offered by third parties which we neither monitor nor control, and with which we have no involvement.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional third-party tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and shall be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating, nor for the accuracy of, any third-party materials or websites that you choose to access. If you choose to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or to your purchase or use of products, services or resources from third-party websites. Please review the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterises Shopify's relationship with your store and should not be removed or modified].
LUMË is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with LUMË. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales that take place between you and LUMË, including any injury, damage or loss caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or relating to your purchases and transactions with LUMË.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be found here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services for you. For the purpose of providing services to you, the information you submit to the Services will be transmitted to, and shared with, Shopify and third parties that may be located in countries other than the one in which you reside. For more information about how we, Shopify and our partners use your personal information, please review our Privacy Policy [LINK].
SECTION 11: FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use. For example, we may exercise our rights under this licence to operate, provide, evaluate, optimise, improve and promote the Services, and to perform our obligations and enforce our rights under the Terms of Service.
You further represent and warrant that: (i) you hold all rights necessary in respect of all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of the Feedback; and (iii) your Feedback will comply with these Terms. We are not, and shall not be, under any obligation to (1) keep your Feedback confidential; (2) provide compensation for your Feedback; or (3) respond to your Feedback.
We may, but are under no obligation to, monitor, edit or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes the intellectual property of any party or these Terms of Service.
You agree that your Feedback will not violate any rights of third parties, including copyright, trade mark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain libellous or otherwise unlawful, abusive or obscene material, nor any computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and for its accuracy. We are not responsible for Feedback posted by you or by any third party.
SECTION 12: ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information about or on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order).
SECTION 13: PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, "junk mail", "chain letters", "spam" or any other similar content; (h) to impersonate, or attempt to impersonate, any other person or entity; (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm LUMË, Shopify or users of the Services, or expose them to liability.
You further agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have breached any part of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or discontinue your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision which by its nature survives termination.
SECTION 15: DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any visitor to the Services, or by anyone who may be informed of its contents.
EXCEPT AS EXPRESSLY STATED BY LUMË, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16: LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LUMË, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY OF THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend and hold harmless LUMË, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any loss, damage, liability or claim, including reasonable legal fees, payable to any third party as a result of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that any failure to notify you promptly will not relieve you of your obligations unless you have been materially prejudiced. We may control the defence and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent (not to be unreasonably withheld or delayed). You will cooperate in the defence of any claim subject to indemnification, for example by providing relevant documents.
SECTION 18: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19: WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us, govern your use of the Service and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20: ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations hereunder without your consent and without notice to you.
SECTION 21: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction in which LUMË is based, and shall be subject to the federal and state or territorial courts of that jurisdiction. You and LUMË submit to the jurisdiction and venue of such courts.
SECTION 22: HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23: CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will take effect from the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24: CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at +34 . contact@uk-vintage.com
Our contact information is posted below:
LUMË VINTAGE
+34
C/San Emigdio 16, 03160, Alicante