Terms of Sale

 

(1) Introduction

Please read these terms of sale carefully.

You will be asked to expressly agree to these terms of sale before you place an order for products from our website.

(2) Interpretation

In these terms of sale, "we" means Lumea Ltd T/A Lumea Home (and "us" and "our" will be construed accordingly); and "you" means our customer or potential customer for products (and "your" will be construed accordingly).

(3) Order process

The advertising of products on our website constitutes an "invitation to treat"; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:

  1. you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;

  2. if you are a new customer, you must either create an account with us and log in or checkout as a guest; if you are an existing customer, you must enter your login details;

  3. once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale;

  4. you must then select your preferred method of payment: a) by credit/debit card, or b) by Paypal. You will be transferred to the Paypal website, and Paypal will handle your payment;

  5. we will then display a page confirming receipt of your order and send you an initial acknowledgement; and

  6. once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your order on the Review & Payment page. You may correct those input errors before placing your order by clicking on the link Edit Billing / Delivery Information to edit your address details or by clicking on the link Edit Basket to edit the contents of your order.

(4) The products

Lumea Home sells a wide range of ambient lighting products for home use. These include electrical candles, liquid wax candles, candle lamps and other candle and lighting related products.

(5) Price and payment

Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated.

In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.

Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

Payment for all products must be made by credit/debit card.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back:

  1. an amount equal to the amount of the charge-back;

  2. all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

  3. an administration fee of GBP50 (including VAT); and

  4. all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).

Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.

For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.

(6) Your warranties

You warrant to us that:

  • (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
  • (b) the information provided in your order is accurate and complete; and
  • (c) you will be able to accept delivery of the products.

(7) Delivery policy

Free delivery

We offer free standard delivery to all UK mainland addresses (including the Isle of Wight) on all orders over GBP20 (including VAT). Other orders will be subject to delivery charges as detailed below. This excludes the Scottish highlands and islands, Northern Ireland, Isle of Man and the Channel Islands.

Delivery methods

We will deliver to the following countries and territories:

  • UK Mainland

If the address for delivery of your order is a UK mainland address, then you will be able to select 'Standard delivery'.

Delivery periods

This table indicates the typical delivery periods for the different delivery methods.

 Delivery Method  Typical Delivery Period
 Standard Delivery to UK Mainland  4-5 Working Days  
 Next Day UK Mainland (Ordered Before 2pm)   Next Working Day  
 Next Day Before 12pm UK Mainland (Ordered Before 2pm)    Before12pm Next Working Day  

 

If you place your order before 2pm on a working day, these periods run from the close of business on that day. If you place your order after 2pm on a working day, or on a non-working day, these periods run from the close of business on the next following working day.

These periods are indicative only, and whilst we will make every effort to ensure that you receive your delivery in good time, we do not guarantee delivery before the end of the specified period.

Delivery charges

Delivery charges will be calculated and automatically applied to your order during the checkout process. The applicable charges will depend upon:

  • the delivery method you select;
  • the location of the delivery address; and
  • the value of your order.

Indicative charges (stated in GBP) are as follows:

 Delivery method  Charges
 Standard UK mainland (inc. Isle of Wight)    £3.95  (Free for orders over £20.00) 
 Next Day Before UK Mainland (Ordered Before 2pm)    £6.95  
 Next Day Before 12pm UK Mainland (Ordered Before 2pm)    £8.95  


(8) Risk and ownership

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:

  • (a) delivery of the products; and
  • (b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).

Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee.

We will be entitled to recover payment for the products even where ownership has not passed to you.

(9) Returns policy

For our returns policy please see here.

(10) Statutory rights

If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

(11) Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

(12) Force majeure

In this Section and Section 13 below, "force majeure event" means:

  • (a) any event which is beyond our reasonable control;
  • (b) the unavailability of raw materials, components or products; and/or
  • (c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.

We will take reasonable steps to mitigate the effects of the any force majeure event.

(13) Limitations and exclusions of liability

Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of a force majeure event.

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

(14) Contract cancellation

We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.

(15) Consequences of cancellation

Upon the cancellation of a contract in accordance with Section 17:

  • (a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
  • (b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
  • (c) all the other provisions of these terms of sale will cease to have effect, except that Sections 8, 13, 15 and 17 will survive termination and have effect indefinitely.

(16) Scope of these terms of sale

These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

(17) General terms

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section 13: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

(18) About us

Our full name is Lumea Ltd (T/A Lumea Home).

Our principal trading address is Hartnoll Business Centre, Tiverton, Devon EX16 4NG, United Kingdom.

Our registered office is 2 Beverley Court, 26 Elmtree Road, Teddington, Middx, TW11 8ST, United Kingdom.

We are registered in England & Wales under registration number 04314723.

Our email address is hello@lumeahome.co.uk.

Our VAT number is GB 787 933 169.