OVERVIEW This website is operated by OFS BV (this "Website"). Throughout the Website, the terms “we”, “us” and “our” refer to Lume. We offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to abide by and be bound by these terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content who .visit, purchase, download, register with us, access, or use our Website, mobile applications, onboard media, blogs, phone, in person, social media and other places, social media accounts, or our other online or interactive portals or services, whether accessed via computer, mobile device or other technology operated by us from time to time which include a link to these Terms or when you have any other interactions (e.g., customer service and other communications) with us. These Terms do not apply to any of our websites, mobile apps or services that has a separate terms of use or service.
Read these Terms of Service carefully before accessing or using our Website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. If you do not agree with any of the Terms, do not use or visit this Website.
Any new features or tools which are added to our current store shall also be subject to these Terms of Service. You can review our 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 with or without notice by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes, updates or replacements. Your continued use of or access to the Website or our store following the posting of any changes constitutes acceptance of those changes.
Our store is currently hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Elements of our Website and store, including the "look" and "feel" text, images, logos, button, icons software and other materials are our exclusive property or are licensed or used with permission from third parties and are protected by trade dress, trademark, unfair competition, and other laws or treaties and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from our Website or store may be copied or retransmitted unless expressly permitted by us in writing to you.
SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this Website or in our store is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website or our store at any time, but we have no obligation to update any information on our Website or store. You agree that it is your responsibility to monitor changes to our Website and store.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES Prices and terms of sale for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) or any products without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or products.
SECTION 5 - PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively online through the Website or our store. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on our Website or at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis and to change this limitation at any time. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit, prohibit or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS We may provide you with access to third-party tools through the Website or store over which we neither monitor nor have any control nor 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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website or store are entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website or store (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS Certain content, products and services available via our Service, Website or store may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest, sweepstakes or other promotional entries) or without a request from us you send creative ideas, suggestions, proposals, photos, plans, or other materials, whether online, by email, posted to our LinkedIn, Instagram or other social media accounts, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our Website or store or in the Service 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 in the Service or on our Website or store is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on our Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on our Website or store, should be taken to indicate that all information in the Service or on our Website or store has been modified or updated.
SECTION 12 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website, the store, our social media accounts or any content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or our Website, our store or other websites, or the Internet. We reserve the right to terminate your use of the Service or our Website or store or social media accounts for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our Service, Website or store will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service, the Website or store will be accurate or reliable. You agree that from time to time we may remove the Service or products for indefinite periods of time or cancel the Service or products at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Hears, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, our Website or store for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service, our Website or store or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Hears and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service, our Website or store or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, 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 18 - REGISTRATION You may be given the opportunity via the Website or store to create a user account ("Your Account") that may allow you to provide or receive information from us and/or to participate in certain features such as payment, contacting a representative or making an appointment. We may use the information you provide in accordance with the our Privacy Policy. By registering you represent and warrant that all information that you provide is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your Account information so that it remains current, complete and accurate. During the Account registration process, you may be required to choose a password and/or user name. You acknowledge and agree that we may rely on this password or user name to identify you. You acknowledge and agree that we may use the phone number you provide to contact you. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any. You are responsible for all use of Your Account, regardless of whether you authorized such access or use, and for ensuring that all use of Your Account complies fully with the provisions of these Terms. We have the right to disable any user identification code or password at any time if in our opinion you have failed to comply with any of the provisions of these terms of use. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of our Website, the store and all charges related to the same.
SECTION 19 - PAYMENT We use the services of a payment provider for all on-line payments. When you make a payment via the Website or store you will be directed to an online form in order to process your payment and enter your card number, expiration date and security code and other card details. Payment details will then be transmitted to the payment provider for processing and confirmation.
SECTION 20 – OTHER IMPORTANT TERMS This contract is between you and us. No other person shall have any rights to enforce any of its terms, provided we may transfer our rights and obligations hereunder to another organization, but this will not affect your rights or our obligations under these Terms.
SECTION 21 - WAIVER If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
SECTION 22 - GOVERNING LAW & ARBITRATION; WAIVER OF CLASS ACTION CLAIMS The Website is controlled, operated and administered by the Company’s parent company from its principal offices in Amsterdam. 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 Netherlands. You agree that any and all claims, disputes, controversies, actions or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of or sale on the Website or in the store (collectively "Claims"), shall be governed by the internal substantive laws of the conflict of laws principles and that any and all Claims shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA"). Before commencing any arbitration, you must give us notice of a claim, in writing. We may then attempt to resolve your claim. If the dispute is not resolved within 30 days, you may demand an arbitration pursuant to the terms below. You agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA and subject to the Federal Arbitration Act, 9 U.S.C. § 1 et seq.; (ii) the arbitration shall be held telephonically with written submissions, or based on written submissions only (at your option), with the arbitrator’s fee to be paid by us (unless the arbitrator finds that your claims are frivolous, in which case you will pay the arbitrator’s fee), if the amount in controversy is $10,000 or below, or, for amounts in controversy in excess of $10,000 in person at a location determined by the AAA pursuant to the Rules and Procedures of the AAA, with the arbitrator’s fee to be allocated equally between the parties; (iii) the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief; (iv) THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL, and (v) your claim shall be arbitrated on an individual basis, and that you shall not have the right to participate in a representative capacity, or as a member of any class of claimants pertaining to any Claim subject to arbitration, and that the arbitrator shall have no authority to consolidate or join the Claims of other persons or parties who may be similarly situated and may only resolve Claims, and render awards between you and us alone. With the exception subpart (v) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. If subpart (v) is invalidated, there shall be no right to arbitration of claims on any class or collective basis, but instead any attempt to assert claims on a class or collective basis of any kind must be pursued in a court of competent jurisdiction. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at //www.adr.org.
SECTION 23 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at 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 or store. It is your responsibility to check our Website or store periodically for changes. Your continued use of or access to our Websiteor store or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION Please note that all calls made from landlines will be charged at your standard landline rate. Mobile phone calls will vary. Calls may be monitored for quality and training purposes. Questions about the Terms of Service should be sent to us at info@seelume.com