Conditions d’utilisation
TERMS OF SERVICE
OVERVIEW
Welcome to Lumérisa.
The terms “we”, “us” and “our” refer to Lumérisa. Lumérisa operates this online store and website, including all related information, content, features, tools, products and services provided to you as a customer (collectively, the “Services”).
Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when using our Services.
Please read these Terms of Service carefully before accessing or using our website or purchasing from us.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND USE OF THE STORE
By using our Services, you confirm that you have the legal capacity required under the laws applicable to you to enter into transactions through our store.
You may not use our products or Services for any illegal or unauthorized purpose, nor may you violate any applicable laws or regulations while using the Services.
You must not transmit viruses, malware or any other code of a destructive or harmful nature.
To use certain Services or purchase products, you may be asked to provide information such as your email address, billing information, payment information and shipping information.
You represent that all information provided by you is accurate, current and complete.
If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activities performed through your account.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to display and describe our products as accurately as possible.
However, colors and the appearance of products may vary depending on your device, screen settings, lighting conditions and other technical factors.
Minor deviations in color, texture or appearance that result from photography, screen display or normal manufacturing processes may occur.
Product descriptions, availability and other product information may be updated from time to time.
We reserve the right to discontinue products or limit product quantities where legally permitted.
Nothing in this section limits any mandatory statutory rights available to consumers under applicable law.
SECTION 3 – ORDERS
By placing an order through our store, you submit an offer to purchase the products contained in your order.
After placing an order, you may receive an automated confirmation acknowledging receipt of your order. Unless otherwise stated, such acknowledgement does not necessarily constitute acceptance of your offer.
A binding purchase agreement is concluded in accordance with the information presented during the checkout process and the order confirmation sent to you.
We reserve the right to refuse or cancel orders where legally permissible, including in cases of suspected fraud, payment problems, obvious pricing errors or product unavailability.
If we cancel an order after payment has already been collected, the corresponding amount will be refunded using the applicable payment method.
Please review your order carefully before submitting it.
Returns, withdrawals and refunds are governed by our Refund Policy and, where applicable, mandatory consumer protection laws.
Products purchased through our consumer store are intended primarily for personal use. We reserve the right to review unusually large or suspicious orders that reasonably appear to be intended for unauthorized commercial resale.
SECTION 4 – PRICES AND PAYMENT
Prices, discounts and promotions may change from time to time.
The price applicable to your purchase is the price displayed during checkout when you place your order, subject to correction of obvious errors where permitted by law.
Applicable shipping costs and any other charges will be displayed during checkout where required.
For deliveries outside the applicable customs territory, additional import duties, taxes or customs charges may apply. Unless expressly stated otherwise, such charges are not collected by Lumérisa and may be payable by the recipient.
You agree to provide accurate and complete billing, payment and account information.
You confirm that you are authorized to use the payment method selected for your purchase.
Available payment methods are displayed during checkout and may vary depending on your country, device or other factors.
SECTION 5 – SHIPPING AND DELIVERY
We aim to process and deliver orders within the delivery estimates communicated through our store.
Delivery times are estimates unless expressly stated otherwise or unless mandatory law provides otherwise.
Delays may occur due to circumstances outside our reasonable control, including delays caused by carriers, customs authorities, weather conditions or other external events.
Nothing in these Terms excludes or limits statutory consumer rights concerning delivery, performance or risk transfer.
The statutory rules applicable to consumers regarding the transfer of risk remain unaffected.
SECTION 6 – RETURNS, WITHDRAWAL AND REFUNDS
Returns, refunds and exchanges are governed by our Refund Policy.
Consumers may additionally have mandatory statutory rights, including a statutory right of withdrawal where applicable under German and European consumer protection law.
Nothing in these Terms is intended to restrict or exclude mandatory consumer rights.
Please review our Refund Policy and applicable withdrawal information before completing your purchase.
SECTION 7 – INTELLECTUAL PROPERTY
Unless otherwise stated, the content made available through the Lumérisa website, including trademarks, logos, brand elements, text, graphics, photographs, videos, product imagery, designs and other content, belongs to Lumérisa or its respective licensors and is protected by applicable intellectual property laws.
The Services are provided for personal and non-commercial use unless otherwise expressly authorized by us.
You may not reproduce, distribute, modify, republish, commercially exploit or otherwise use protected Lumérisa content without our prior permission, except where such use is permitted by applicable law.
The Lumérisa name, logos, designs and other brand identifiers may not be used in a manner that suggests authorization, sponsorship or affiliation without our prior consent.
Third-party trademarks remain the property of their respective owners.
SECTION 8 – OPTIONAL THIRD-PARTY TOOLS
We may provide access to tools, features or services operated by third parties.
We do not necessarily control such third-party services.
Your use of third-party tools may therefore also be subject to the terms, privacy policies and other conditions of the respective provider.
To the extent permitted by applicable law, we are not responsible for third-party services outside our reasonable control.
We may introduce additional tools, resources or features in the future. Unless otherwise stated, these will form part of the Services and will be subject to these Terms.
SECTION 9 – THIRD-PARTY LINKS
Our Services may contain links to third-party websites, platforms or services.
Third-party websites are operated independently from Lumérisa and may have their own terms and privacy policies.
We are not responsible for the content, availability or practices of third-party websites to the extent they are outside our control.
Before entering into transactions with third parties, you should review their applicable policies and terms.
Questions or complaints relating specifically to third-party products or services should generally be directed to the relevant third party.
SECTION 10 – RELATIONSHIP WITH SHOPIFY
Lumérisa is powered by Shopify, which provides the e-commerce infrastructure that enables us to operate our online store.
Purchases made from the Lumérisa store are transactions between you and Lumérisa, unless expressly stated otherwise.
Shopify may process certain information in connection with providing its platform and related services.
The processing of personal information by Lumérisa and relevant service providers is described further in our Privacy Policy.
Nothing in this section limits rights or liabilities that cannot legally be excluded or limited.
SECTION 11 – PRIVACY
The collection and processing of personal information through our Services is governed by our Privacy Policy.
Because our store is powered by Shopify, certain personal information may also be processed by Shopify and other service providers involved in operating the store, processing payments, fulfilling orders, analytics or other functionality.
For further information about how personal information is collected, processed and shared, please review our Privacy Policy.
SECTION 12 – REVIEWS, FEEDBACK AND USER CONTENT
If you voluntarily submit reviews, comments, suggestions, photographs, feedback or other content to Lumérisa, you confirm that you have the necessary rights to submit that material.
You must not submit content that infringes the intellectual property, privacy, personality or other rights of third parties or that contains unlawful, abusive, misleading or malicious material.
Where legally permissible and subject to applicable rights, you grant Lumérisa the rights reasonably necessary to display, reproduce and use content voluntarily submitted for publication or promotional purposes.
Any use of personal information or identifiable customer content remains subject to applicable data protection and other mandatory laws.
We reserve the right to remove unlawful or inappropriate user content where legally permitted.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information provided through our Services may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, availability, pricing, promotions, shipping charges or delivery estimates.
We reserve the right to correct such information and update the Services where appropriate.
Where an obvious pricing or information error affects an order already submitted, the matter will be handled in accordance with applicable law.
Nothing in this section limits mandatory consumer rights.
SECTION 14 – PROHIBITED USES
You may use our Services only for lawful purposes.
You may not use the Services to:
(a) violate applicable laws or regulations;
(b) infringe intellectual property or other rights belonging to Lumérisa or third parties;
(c) distribute malware, viruses or other harmful code;
(d) attempt to gain unauthorized access to our systems;
(e) interfere with the security or proper functioning of our Services;
(f) collect personal information unlawfully;
(g) engage in spam, phishing, scraping or other abusive automated activity where prohibited;
(h) impersonate another person or entity;
(i) submit deliberately false or misleading information; or
(j) use our Services for fraudulent or otherwise unlawful purposes.
We may restrict or terminate access to the Services in cases of material violations of these Terms, subject to applicable law.
SECTION 15 – AVAILABILITY OF THE SERVICES
We aim to keep our website and Services available and functioning properly.
However, temporary interruptions may occur due to maintenance, updates, technical problems or circumstances outside our reasonable control.
We do not guarantee uninterrupted availability of every feature at all times.
Nothing in this section excludes liability or obligations that cannot legally be excluded under applicable law.
SECTION 16 – WARRANTIES AND STATUTORY RIGHTS
Products sold by Lumérisa remain subject to applicable statutory warranty and consumer protection rights.
Nothing in these Terms excludes, restricts or replaces statutory rights relating to defective goods, conformity of goods or other mandatory consumer protections.
Any additional commercial guarantee offered by Lumérisa will be subject to the specific conditions communicated with that guarantee and will not affect statutory rights.
SECTION 17 – LIMITATION OF LIABILITY
Lumérisa is liable without limitation where liability is mandatory under applicable law, including liability for intent and gross negligence and, where applicable, for injury to life, body or health.
For damages resulting from a slightly negligent breach of essential contractual obligations, liability may be limited to foreseeable damage typical for the contract to the extent permitted by applicable law.
Essential contractual obligations are obligations whose fulfillment is necessary for the proper performance of the agreement and on whose fulfillment the customer may regularly rely.
Any mandatory liability under applicable product liability laws remains unaffected.
Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful.
SECTION 18 – TERMINATION
You may stop using our Services at any time.
We may restrict or terminate access to certain Services where there is a legitimate reason to do so, including material breaches of these Terms, fraudulent activity, security threats or unlawful use.
Termination does not affect rights and obligations that arose before termination or provisions that by their nature continue to apply afterward.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be invalid, unlawful or unenforceable, the remaining provisions will remain effective to the extent permitted by applicable law.
Mandatory statutory provisions will apply in place of any invalid provision where required.
SECTION 20 – ENTIRE AGREEMENT
These Terms, together with the policies and other terms expressly incorporated into them, govern the use of our Services.
Failure by Lumérisa to exercise a right under these Terms does not constitute a waiver of that right.
Nothing in these Terms limits mandatory statutory rights available to consumers.
SECTION 21 – GOVERNING LAW
These Terms of Service and contractual relationships between you and Lumérisa are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), to the extent such exclusion is legally permissible.
If you are a consumer residing outside Germany, mandatory consumer protection provisions applicable in your country of residence remain unaffected where required by law.
SECTION 22 – CHANGES TO THESE TERMS
We may update these Terms of Service from time to time, particularly to reflect changes to our Services, business operations or applicable legal requirements.
The current version of these Terms will be made available through our website.
Where required by applicable law, we will provide appropriate notice of material changes.
Changes will not retroactively remove statutory rights that have already arisen.
SECTION 23 – OTHER POLICIES
Additional policies may apply to your use of the Lumérisa store, including our:
- Privacy Policy
- Refund Policy
- Shipping Policy
- Withdrawal / Cancellation Policy
- Legal Notice / Impressum
Where these policies contain specific provisions relating to their respective subject matter, those provisions apply in addition to these Terms.
SECTION 24 – CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to:
Lumérisa
Am Hochholzergraben 10
69190 Walldorf
Germany
Email: info@lumerisa.de