OVERVIEW
This website is operated by Lumiboo SA. Throughout the site, we use the terms "we", "us" and "our" in reference to Lumiboo SA. This website, including all information, tools and services available from it, is offered by Lumiboo SA to you, the user, conditioned on your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our site and/or purchasing something from us, you participate in our “Service” and agree to be bound by the following terms and conditions (“Terms”, “Terms of Use”), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including but not limited to visitors, vendors, customers, merchants, and/or content providers.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms.
Any new tools or features added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Infomaniak. This company provides 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 Use, you represent that you are at least the age of majority in your region, province, or state of residence, or that you are the age of majority in your region, province, or state of residence and you have given us consent to allow any of your minor dependents to use this site.
You must not use our products for any illegal or unauthorized purpose, nor violate any laws in your jurisdiction when using the Service (including but not limited to copyright laws).
You must not transmit any worms, viruses, or destructive code.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding 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, access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.
he headings used in this agreement 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 the information made available on this site is not accurate, complete, or current. The content on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, by definition, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices 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) 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.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. 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 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. 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 any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site 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, at 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 or prohibit 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.
For more details, please review our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools 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 site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve 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 (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site 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 entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, 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 to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. 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 email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We are under no obligation to update, modify or clarify any information on the Service or any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date applied to the Service or any related web site shall be deemed to indicate that all information offered in the Service or on any related web site has been modified or updated.
ARTICLE 12 - PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its content:
(a) for illegal purposes; (b) to incite third parties to carry out or take part in illegal acts; (c) to violate any local ordinance or any international, federal, provincial or state regulation, rule or law; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, hurt, defame, slander, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, 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 to compromise the functionality or operation of the Service or any related web site, other web sites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information, browse, search or scan the World Wide Web; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related web site for violating the Prohibited Terms of Use.
ARTICLE 13 - EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant, represent or represent that your use of our Service will be uninterrupted, secure, timely or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that, from time to time, we may withdraw the Service for indefinite periods or cancel it at any time without notice.
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 provided to you through the Service are (unless expressly stated otherwise by us) provided "as is" and "subject to availability" for your use, without representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Lumiboo SA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages, including but not limited to lost profits, revenues, savings or data, replacement costs or other similar damages, whether in contract, tort (even negligence), strict liability or otherwise, arising out of your use of the Service or any service or product using the Service, or any other claim relating in any way to your use of the Service or any product, including but not limited to errors or omissions in any content, or any loss or damage of any kind arising out of your use of the Service or any content (or product) published, transmitted or otherwise made available through the Service, even if you have been advised of the possibility of such claims.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
ARTICLE 14 - COMPENSATION
You agree to indemnify, defend and hold Lumiboo SA 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 Use or the documents referenced herein, or your violation of any law or the rights of a third-party.
ARTICLE 15 - SEVERABILITY
In the event that any provision of these Terms of Use is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms of Use, without such holding affecting the validity and enforceability of the remaining provisions.
ARTICLE 16 - TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this agreement for all purposes.
These Terms of Use will remain in effect unless and until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we determine or suspect, in our sole discretion, that you are in breach of or have breached any term or provision of these Terms of Use, we may also terminate this agreement at any time without notice to you. You will then remain liable for all sums due up to and including the date of termination, as a result of which we may refuse you access to our Services (or any part of them).
ARTICLE 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use or any other operating policies or rules posted by us on this site or relating to the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede all prior and contemporaneous understandings, communications and proposals, oral or written, between you and us (including, without limitation, any prior version of the Terms of Use).
Any ambiguity as to the interpretation of these Terms of Use shall not be construed to the detriment of the drafting party.
ARTICLE 18 - APPLICABLE LAW
These Terms of Use and any separate agreements whereby we provide you with the Services shall be governed by and construed in accordance with the laws of Avenue Leopold-Robert 11a, la Chaux-de-Fonds, Neuchâtel, 2300, Switzerland.
ARTICLE 19 - MODIFICATIONS TO CONDITIONS OF USE
You can consult the most recent version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check our website from time to time for changes. Your continued access or use of our website and the Service following the posting of changes to these Terms of Use constitutes your acceptance of those changes.
ARTICLE 20 - CONTACT DETAILS
Questions about the Terms of Use should be sent to hello@lumiboo.ch.
