Terms of service
OVERVIEW
Welcome to Lumae Baby! The terms "we", "us" and "our" refer to Lumae Baby. Lumae Baby operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a personalised shopping experience (the "Services"). Lumae Baby is powered by Shopify, which enables us to deliver the Services to you.
The terms and conditions below, together with any policies referenced herein (these "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 address areas such as disclaimers and limitations of liability.
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 of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are of legal age in your state or province of residence, and you have given us permission to allow minor dependants of yours to use the Services on devices you own, purchase or manage.
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 and delivery address, and payment details. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all rights necessary to provide such information.
You are solely responsible for the security of your account login credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services accurately in our online stores. Please note, however, that colours or the appearance of products may differ from how they appear on your screen, depending on the type of device you use to access the store and your device settings and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be the same as depicted or described in our online stores.
All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of 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. Lumae Baby reserves the right to accept or refuse your order for any reason at its sole discretion. Your order is only accepted once Lumae Baby has confirmed acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Lumae Baby may not be able to process cancellation requests once an order has been accepted. In the event that we do not accept, modify or cancel an order, we will endeavour to notify you by contacting the email address, billing address and/or phone number provided when placing the order.
Your purchases may only be returned or exchanged in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, prices listed exclude taxes, shipping and handling charges, and any customs or import duties.
Prices in our online stores may differ from prices in physical stores or in online stores operated by third parties. We may from time to time offer promotions on the Services that may affect pricing and that are subject to terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable 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 transfer the products to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product controls, video and audio, and the design, selection and arrangement thereof, are owned by Lumae Baby, its affiliates or licensors and are protected by patent, copyright and other intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Unless expressly stated herein, nothing in these Terms grants you a licence or any other rights under any patent, trademark, copyright or other intellectual property of Lumae Baby, Shopify or any third party. Unauthorised use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by Lumae Baby.
SECTION 7 – OPTIONAL TOOLS
You may have access to third-party tools offered as part of the Services, over which we have no control or input. 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 have no liability arising from or related to your use of optional third-party tools. Any use of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure you are familiar with and agree to the terms under which those tools are provided by the relevant third-party providers.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you choose to leave the Services to access such third-party materials or sites, you do so at your own risk. We are not liable for any harm or damage in connection with your access to third-party websites or your purchase or use of products, services, resources or content on third-party websites.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Lumae Baby is powered by Shopify, which enables us to deliver the Services to you. However, all sales and purchases you make in our store are made directly with Lumae Baby. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and Lumae Baby, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Lumae Baby.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read this privacy policy.
SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise send ideas, suggestions, feedback, reviews, proposals, subscriptions 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 for any purpose, including commercial use. You represent and warrant that you own or have all necessary rights to all Feedback, and that your Feedback complies with these Terms.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, 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 incorrect at any time without prior notice.
SECTION 13 – PROHIBITED USE
You may only visit and use the Services for lawful purposes. You may not access or use the Services directly or indirectly (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial, state or local laws or regulations; (c) to infringe upon or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, intimidate or discriminate against our employees or others; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other malicious code; (g) to send unsolicited commercial communications; (h) to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
SECTION 14 – AGENTS
This section applies if you use, permit, enable or allow an Agent to access, use or interact with the Services. "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of a person or entity. An Agent may not access, use or interact with the Services unless it identifies itself at all times and acts in strict accordance with these Terms. We may restrict, including by technical means, whether and how an Agent accesses, uses and interacts with the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time at our sole discretion and without prior notice, and you remain liable for all amounts due up to and including the date of termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, LUMAE BABY, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lumae Baby, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from all losses, damages, liabilities or claims, including reasonable legal fees, arising out of or resulting from (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that 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 without affecting the validity and enforceability of the remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these 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 the Services constitute the entire agreement between you and us with respect to your use of the Services.
SECTION 21 – ASSIGNMENT
You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 22 – GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which Lumae Baby is established (the Netherlands). You and Lumae Baby consent to the jurisdiction of the competent courts in that jurisdiction.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO 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 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.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@lumaebaby.nl.
Our contact details are as follows:
Lumae Baby info@lumaebaby.nl Losplaatskade 41, 2201 DB Noordwijk, Netherlands Chamber of Commerce number: 42117518 VAT identification number: NL005507321B20