Terms & conditions
Issued August 2006
Your use of this Website is governed by the Terms and Conditions set out below. By using any part of this Website, completing your customer registration with us and/or placing an order on the Website you agree to be bound by the Terms and Conditions. LUMA may revise these Terms and Conditions at any time by updating this posting. You should therefore check the Terms and Conditions periodically for changes.
- LUMA is the supplier of the goods. LUMA is the trading name of Anaco UK Limited, referred to as “LUMA”, “we”, “us” or “our”. Our registered office is 19 Moulton Park Office Village, Scirocco Close, Northampton, Northamptonshire, NN3 6AP. Company registration number: 5704361. VAT registration number 877 6598 43.
- “Buyer”, “user”, “you” refers to you as a customer placing an order with LUMA or you as a user of this Website.
- “Goods” means the articles supplied and displayed for sale on the Website
- “Website” refers to www.lumadirect.com, or any subsequent URL that may replace it, or any other website owned and operated by LUMA.
2. Use of the web site
This Website is the property of LUMA. This includes all web design; text; graphics; source code and software. No part of this site may be reproduced, downloaded, linked to or otherwise used without the express written permission of LUMA. Permission is granted to electronically copy and to print in hard copy portions of this Website for the sole purpose for using this Website as a shopping resource and to place an order with LUMA online.
All copyright, design right and other intellectual property rights in our designs and products (and in the images, text and design of this Website) are and will remain the property of LUMA. Any infringement of these rights will be pursued vigorously.
To be eligible to purchase goods on this Website and to lawfully enter into and form contracts on this Website under English law you must:
a) register to use the Website;
b) be the holder of a valid debit/credit card, and
c) be 18 years of age or older.
- You warrant that the personal information, which you are required to provide when you register as a customer, is true, accurate and current in all respects. If your personal information changes then please notify us immediately on the following number (open 9.30am to 5.00pm, Monday to Friday) 0845 094 2598 or email firstname.lastname@example.org. Alternatively, if you are a registered customer, you can update your details through the “my account” page.
- You may cancel your registration with the Website at any time by contacting LUMA on the following number (open 9.30am to 5.00pm, Monday to Friday), 0845 094 2598 or by sending notice of cancellation to email@example.com.
LUMA believes strongly in protecting our customers’ and web-site users’ privacy. We will not wilfully disclose information about our customers or users to any third party without first receiving our customers’ and/or users’ consent.
3.1. Your Personal Information
All personal information; such as your name, e-mail
address, billing address, delivery address, telephone
number, product selections, credit card or other
payment information and a password, you provide
to LUMA will be treated as private and confidential.
You can access our Website homepage and browse this Website without disclosing your personal data.
We use industry standard security to safeguard the confidentiality and storage of your personally identifiable information in accordance with current UK Data Protection legislation and guidelines. However, please be aware that “perfect security” does not exist on the internet. Further, it remains each user’s responsibility to safeguard against unauthorised access to their user details, to ensure that only the user logs on to the Website, to ensure that the user logs off from the Website when not using it, and to keep his/her log-in details safe. We cannot be held liable for any loss that you may suffer if a third party obtains unauthorized access to any data, including credit and account details you provide when accessing or ordering from this Website, unless this is solely due to our negligence.
Your personal information will be exclusively used for individual customer care. We confirm that any personal information that you provide to us (or which is available on public registers) and any user information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
- Processing your orders accurately and efficiently (e.g. providing your credit card details to a third party secure server for payment authorisation);
- To hear your opinion about our products and services;
- If you consent, to advise you of new Website content and provide advertisements to you;
- To administer this Website;
- Where applicable, we may, by law, be forced to disclose certain information to government or law enforcement agencies. Therefore, although we take every effort to protect your privacy, you should not expect that your personally identifiable information or private communications will always remain private.
- If you consent, to notify you of new products or special offers that we think you will find of interest.
You will only receive promotional information from us if you opt in by ticking the appropriate box as you go through the registration process. You can unsubscribe from our contact list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line, or by e-mailing us at firstname.lastname@example.org or by telephoning us on 0845 094 2598. We will then make sure your personal information is deleted from our mailing list and databases in accordance with our administrative policies (for example, we may be required to retain your address details in relation to any credit card purchase for a period of not less than 6 months).
If you would like to check the details we hold about you please do not hesitate to contact us. We will be happy to review and update, amend or delete your records as necessary. We can provide you with a readable copy of the personal information which we keep about you within 30 working days, although we will require proof of your identity and any such request for personal information must be received by us in writing. We are entitled to levy a reasonable charge (such charge not to exceed £10) in order to provide this information to you.
If we wish to use your personal data for new purposes, we will offer you the means to consent to these new purposes by either indicating your consent at the point on the Website where the data is collected or by communicating with us by email.
We never pass, disclose or sell our customers’ personal details to any marketing lists.
When you visit the Website, LUMA may send your computer a “cookie”, i.e., a small text file that resides on your computer’s hard drive. Cookies allow us to make the Website more useful by tailoring the services LUMA offers from time to time. You can set your browser not to accept cookies, although if you do so you may not be able to access all the features on the Website.
This Website contains links to other websites. LUMA is not responsible for the privacy practices or content of such websites.
If all (or substantially all) of our assets which are used to operate our business are acquired by a third party, then your personal information may be transferred to that third party.
Personal data of any type is never transferred outside of the European Economic Area (“EEA”).
Information on current UK Data Protection legislation is available at: http://www.informationcommissioner.gov.uk/
4. Placing an order and ordering acceptance
You place your order request for goods from the Website by clicking on the confirm order button at the end of the online order process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
Once you have placed your order, we will send you an e-mail acknowledgement providing you with a reference number and the total value of your order that will be debited from your credit/debit card. This is not an order confirmation or order acceptance from LUMA.
Orders are accepted at LUMA’s sole discretion but are normally accepted if the goods requested are available, the order reflects current pricing, the delivery address is within our delivery area, and the credit or debit card provided is authorized for the transaction.
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation Procedure, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Procedure.
You will be sent a VAT invoice together with the Goods ordered. If you are sending a gift, the invoice will be sent separately to the card holder’s address.
If you need any information about your order(s) please contact LUMA on the following number (open 9.30am to 5.00pm, Monday to Friday), 0845 094 2598, or e-mail email@example.com.
If we are unable to fulfill your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See Cancellation and Returns procedure set out in Section 9 below.
5. Description of products
We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system.
Any typographical, clerical or other error or omission on any page of this Website, or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
The price of the goods shall be the price set out on the relevant page of this Website. This price is inclusive of any applicable value added tax but exclusive of delivery and packaging charges as set out on the order form.
We reserve the right to change the prices set out on this Website at any time. If the price of the goods changes between the date you place your order and the date the order is dispatched, we will let you know and ask you to confirm by e-mail that the new price is acceptable. You will, of course, have the option of canceling the order.
By providing us with details of the payment card and submitting the order you:
- Confirm that the credit or debit card that is being used is yours.
- Authorise us to deduct from the payment card account the full price of the Goods and all other payments that may become due to us under the contract.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
Payment may be made by personal cheque by downloading an Order Form from the Website and completing and mailing it as explained on the form. Please note that goods will not be dispatched until payment by personal cheque has cleared.
The deduction of monies from your payment card, or banking of your personal cheque, does not mean that we have accepted your order nor does it mean that a contract has been formed between us. In the event that we reject your order, we will credit your payment card with the amount previously deducted, or send you a cheque to the value of the personal cheque received.
Delivery of the Goods shall be made to the address for delivery you provide on the order form. It is important that this address is accurate and that we have a contact telephone number. Certain parcels may require a signature on delivery. Please be precise about where you would like the Goods left if you are out when we deliver. We cannot accept any liability for loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.
Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more delivery. Time for delivery shall not be of the essence of the contract.
LUMA does not accept any liability whatsoever for delayed delivery caused by any third party.
As soon as you have received the goods, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Procedure. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date.
You will assume all risk in the goods on delivery
or, if you wrongfully fail to take delivery of
the Goods, on tender of delivery of the Goods by
us or our carrier. Upon delivery of the goods to
you, we will also provide you with sufficient details
to enable you to:
a) exercise your right of cancellation; and
b) address any intended cancellation or complaints to the correct place of business.
If any item arrives damaged or defective, please contact us and we will make arrangements for a replacement to be delivered to you.
If you have not received the entire order as detailed in the order acknowledgement email sent to you when an order is received, and you have not been notified of any out of stock items, please contact us on the following number (open 9.30am to 5.00pm, Monday to Friday) 0845 094 2598 or email firstname.lastname@example.org.
8. Representations, Warranties and Limitation of Liability
Your statutory rights are not affected by these Terms and Conditions.
This Website is provided on an “as is” basis without any warranties of any kind. LUMA and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties’ rights, and the warranty of fitness for particular purpose. The information displayed is of a general nature and is not intended to address your particular requirements or constitute any form of advice, recommendation or arrangement by us.
This Website may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness or timeliness of the information accessible via this Website and we accept no liability for any loss whatsoever arising from any inaccuracy or information that is out of date.
The use of this Website and the information accessible via this Website is at your own risk. Changes are made periodically to the Website and may be made at any time. Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any loss of revenue or profits; loss of anticipated savings; loss of goodwill or injury to reputation; loss of business opportunity; losses suffered by third parties; or any other indirect, consequential or special loss or damage regardless of the form of the action, whether in contract, strict liability or tort (including negligence), which arise out of your use of this Website and its services. In no event shall our maximum aggregate liability exceed one hundred pounds (£100.00). Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
LUMA does not warrant that the Website will operate
error-free or that the Website and its server are
free of computer viruses and other harmful goods.
If your use of this Website results in the need
for servicing or replacing equipment or data, LUMA
is not responsible for those costs.
This Website contains links to other third party websites. These links are provided solely s a convenience to you and not as an endorsement by LUMA of the contents on such third party websites. LUMA is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.
9. Cancellation and returns procedures
Please note that you may cancel this contract if you give us notice by telephone or by email at any time before the expiry of a period of 10 working days beginning with the day on which you receive the goods.
Should you wish to cancel your order before it has been dispatched, please click on the link and follow the procedure set out in the Cancellation Procedure. If your order has already been dispatched, please click on the link and follow the procedure set out in the Returns Procedure.
Your statutory rights are not affected.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any goods from LUMA and supersede and govern all prior proposals, agreements, or other communications.
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable in whole or in part, then these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms and Conditions by LUMA shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms and Conditions.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms and Conditions
shall be construed as creating any agency, partnership,
or other form of joint enterprise between us.
We reserve the right to change these Terms and Conditions at any time and we encourage you to revisit these Terms and Conditions periodically to ensure that you are at all times fully aware of our Terms and Conditions. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms and Conditions.
We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
11. Governing law
Your use of this Website and any purchase by you of any goods from LUMA shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the English courts.