| 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.
1. Definitions
- 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.
- Eligibility
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 info@lumadirect.com.
Alternatively, if you are a registered customer,
you can update your details through the “my
account” page.
- You agree not to impersonate any other person
or entity or to use a false name or a name that
you are not authorised to use. You also agree
to keep your password and account details confidential,
and to take all reasonable measures to prevent
unauthorised access to your account. You are
responsible for all actions that occur in relation
to your account. If you have reason to believe
that your password has become known to somebody
else, or is likely to be used in any way that
is unauthorised by you, you should contact us
immediately. If you forget your password we will
reset it upon your request and send it to the
email address you registered with. All the Personal
Information that you provide will be held in
accordance with the Privacy Policy set out in
section 3, below.
- 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 info@lumadirect.com.
3. Privacy
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.
Please review our privacy policy, below, which
explains our use of the information you provide
via the Website.
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 info@lumadirect.com 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”).
If you have a concern or query regarding our privacy
policy please contact us on the following number
(open 9.30am to 5.00pm, Monday to Friday) 0845
094 2598 or email info@lumadirect.com
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 customerservice@lumadirect.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.
6. Payment
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.
7. Delivery
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 info@lumadirect.com.
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.
10. General
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. |