Terms of service

Lumuno General Terms and Conditions

Version 02

Article 1 – Identity and definitions

1. These general terms and conditions are used by Lumuno, established at Hastelweg 260D, 5652 CN Eindhoven, the Netherlands, registered with the Dutch Chamber of Commerce under number 81244401 and with VAT identification number NL003543928B67.
2. Lumuno can be contacted at info@lumuno.nl.
3. In these terms and conditions: Lumuno means the company referred to in paragraph 1; customer means any natural person or legal entity that enters into or wishes to enter into an agreement with Lumuno; consumer means a customer acting for purposes outside their trade, business or profession; business customer means a customer acting in the course of a trade, business or profession; product means any movable item offered by Lumuno; agreement means any agreement between Lumuno and the customer.

Article 2 – Applicability

1. These terms and conditions apply to every offer made by Lumuno and every agreement between Lumuno and the customer.
2. Before the agreement is concluded, these terms and conditions will be made available electronically in a manner that allows the customer to save them.
3. Deviations apply only when Lumuno and the customer have agreed them in writing or electronically.
4. Any general terms and conditions of a business customer are expressly rejected.
5. If any provision is void or unenforceable, the remaining provisions remain in force. The invalid provision will be replaced by a valid provision that reflects its purpose as closely as possible.
6. Statutory consumer rights always apply to consumers insofar as they cannot lawfully be waived.

Article 3 – Offers and product information

1. Lumuno describes the products offered as carefully as possible. Obvious mistakes, typographical errors and inaccuracies do not bind Lumuno.
2. Images may differ slightly from the delivered product due to screen settings, product development or production differences. This provision does not cover a difference that affects normal usability or essential product characteristics.
3. The offer states the main characteristics, price, available versions, applicable shipping costs and expected delivery.
4. An offer remains valid while it appears on the website and while stocks last, unless otherwise stated in the offer.
5. Pre-orders are only possible when a product is expressly offered as a pre-order. The stated conditions and expected delivery period then form part of the offer.
6. Lumuno may change or withdraw an offer as long as no agreement has yet been concluded.

Article 4 – Formation of the agreement

1. By placing an order, the customer makes an offer to purchase the selected product.
2. An automated message in which Lumuno only confirms receipt of the order does not constitute acceptance.
3. The agreement is concluded when Lumuno expressly accepts the order, confirms shipment or starts performing the order.
4. Before acceptance, Lumuno may check, among other things, availability, the information provided, payment and indications of fraud or abuse.
5. Before acceptance, Lumuno may refuse an order due to, among other things, unavailability, incorrect or incomplete information, an obvious price, text or system error, suspected fraud or abuse, a previous failure by the customer, or another legitimate business reason.
6. If Lumuno is not entitled to retain a payment already received after refusing the order, Lumuno will refund it as soon as possible.
7. After concluding an agreement, Lumuno provides a confirmation that the customer can retain.

Article 5 – Prices and payment

1. Consumer prices include VAT and, where applicable, import duties and customs clearance charges.
2. Any shipping costs and other charges are clearly displayed before the order is placed.
3. The current payment options are shown in the online store and may be changed by Lumuno without these terms and conditions having to be amended.
4. The customer must pay using the payment method and within the period shown during checkout.
5. The customer must report inaccuracies in the payment or invoicing information provided as soon as possible.
6. An obvious pricing error does not bind Lumuno if the customer should reasonably have understood that the price was incorrect. In that case, Lumuno may offer the customer the opportunity to order at the correct price.
7. A business customer who fails to pay on time owes statutory commercial interest and reasonable extrajudicial collection costs without any further notice of default.
8. For consumers in payment arrears, the statutory rules on default, interest and collection costs apply.

Article 6 – Delivery

1. Lumuno delivers to the address provided by the customer.
2. The expected delivery period is stated on the product page or during checkout. A stated period is a reasonable estimate and not a strict deadline, unless expressly agreed otherwise.
3. For consumers, delivery takes place within the agreed period and, if no period has been agreed, no later than within the statutory period.
4. If delivery is delayed, Lumuno will inform the customer. The consumer retains their statutory rights.
5. Lumuno may deliver an order in parts where reasonable. This does not result in additional shipping costs for a consumer unless expressly agreed in advance.
6. Lumuno may use suppliers, fulfilment parties and carriers to perform the agreement. Lumuno remains responsible to the consumer for proper performance of the agreement.
7. For a consumer, the risk of loss or damage passes when the consumer or a third party designated by them, other than the carrier, has received the product. For a business customer, the risk passes when the product is handed over to the carrier, unless otherwise agreed in writing.
8. The customer is responsible for providing a correct and complete delivery address. Reasonable additional costs arising solely from incorrect information, refusal of delivery without valid reason, or failure to collect a parcel on time may be charged to the customer insofar as permitted by law.
9. If a product proves permanently unavailable, Lumuno may terminate the agreement. Any payment received for the undelivered product will then be refunded.

Article 7 – Consumer right of withdrawal

1. A consumer may withdraw from the purchase of a product within thirty days without giving any reason.
2. The withdrawal period begins on the day after the consumer, or a third party designated by the consumer other than the carrier, has received the product. For a single order containing several products delivered separately, the period begins after receipt of the final product.
3. The consumer may withdraw using Lumuno’s online withdrawal function, the statutory model form or another unequivocal statement addressed to Lumuno.
4. After withdrawal, the consumer must return the product no later than within fourteen days to the return address stated before purchase, unless Lumuno offers to collect the product.
5. The direct cost of ordinary return shipping following withdrawal is borne by the consumer. If a product cannot normally be returned by post, information about the cost or a reasonable estimate will be provided before purchase.
6. Following a valid full withdrawal, Lumuno refunds all payments received from the consumer for the returned product, including the cost of the least expensive standard delivery offered.
7. Lumuno uses the same payment method for the refund as the consumer used, unless the consumer agrees to another method at no additional cost.
8. Lumuno may withhold the refund until the product has been received or until the consumer demonstrates that it has been returned, whichever occurs first.
9. The consumer is only liable for any reduction in value resulting from use beyond what is necessary to establish the nature, characteristics and functioning of the product. Lumuno may deduct this demonstrable reduction in value from the refund.
10. The consumer must handle the product, accessories and packaging with care. Missing or damaged original packaging does not automatically end the right of withdrawal, but may lead to a reduction in value if demonstrable damage results.
11. The right of withdrawal does not apply to products made to the consumer’s specifications, clearly personalised products, or products covered by another statutory exception. Any exception will be clearly stated before purchase.
12. This article does not apply to business customers unless Lumuno permits otherwise in writing.

Article 8 – Returns outside the statutory right of withdrawal

1. Lumuno is not required to accept returns outside the statutory right of withdrawal.
2. If Lumuno offers a return, exchange, credit or other concession as a gesture of goodwill, the stated conditions apply.
3. A goodwill arrangement is voluntary, creates no right to the same treatment in other cases and does not amend these general terms and conditions.
4. A goodwill arrangement never limits a consumer’s mandatory statutory rights.

Article 9 – Conformity and warranty

1. Lumuno warrants that, upon delivery, a product complies with the agreement and applicable statutory requirements.
2. The consumer is entitled to the statutory remedies if a product does not have the qualities that the consumer could reasonably expect.
3. A commercial manufacturer’s or seller’s warranty is additional and does not limit the consumer’s statutory rights.
4. The customer must report a defect to Lumuno as soon as possible after discovery. A report made by a consumer within two months of discovery is in any event considered timely.
5. Lumuno may request reasonable information needed to investigate the complaint, such as a description, photo, video, proof of purchase and type or serial number.
6. The customer must give Lumuno a reasonable opportunity to inspect the product and, where permitted by law, repair or replace it.
7. No claim exists insofar as the problem was caused by incorrect, careless or improper use; installation, assembly, modification or repair contrary to the instructions; use of unsuitable parts, light sources, dimmers, voltage or accessories; normal wear and tear; external damage; or use in conditions for which the product is not intended.
8. The exclusions in paragraph 7 do not apply if the defect or inadequate instructions are attributable to Lumuno.
9. For a justified statutory warranty claim, the necessary inspection, repair, replacement and shipping costs are borne by Lumuno.

Article 10 – Use, installation and safety

1. The customer must follow product, installation, maintenance and safety instructions.
2. A product may only be used for the purpose and in the conditions stated for the product.
3. Work that, under the instructions or applicable rules, must be carried out by an expert may only be performed by a sufficiently qualified person.
4. The customer may not remove or make illegible any safety devices, labels, serial numbers or warnings.
5. The customer must stop using the product immediately and inform Lumuno if the product may be unsafe.
6. This article does not limit Lumuno’s statutory product-safety obligations or liability.

Article 11 – Complaints

1. Complaints may be submitted to info@lumuno.nl, stating the relevant order details and a clear description.
2. Lumuno confirms receipt and handles a complaint within a reasonable period.
3. The customer first gives Lumuno a reasonable opportunity to resolve the complaint by mutual agreement.
4. A consumer always retains the right to bring the matter before the competent court or another legally available body.

Article 12 – Liability

1. Nothing in these terms and conditions excludes liability that cannot be excluded or limited under mandatory law.
2. Lumuno is not liable for loss or damage caused solely by incorrect or incomplete information from the customer, misuse, unsuitable installation or failure to follow clear instructions.
3. Lumuno is liable to consumers insofar as this follows from the law or the agreement.
4. Towards business customers, Lumuno is only liable for direct loss that is the immediate result of an attributable failure.
5. Lumuno is not liable towards business customers for indirect loss, including consequential loss, loss of profit, lost savings, business interruption and loss of data.
6. Lumuno’s liability towards a business customer is limited per event to the amount paid for the relevant order. If Lumuno’s liability insurance provides cover for the event, liability is instead limited to the amount paid out by the insurer plus the applicable excess.
7. The limitations for business customers do not apply in cases of intent or deliberate recklessness by Lumuno’s management, nor where limitation is prohibited by law.

Article 13 – Force majeure

1. Lumuno is not liable for delay or failure caused by circumstances beyond its reasonable control, including carrier disruptions, government measures, war, natural disasters, fire, infrastructure failures, strikes, epidemics and serious disruptions to international transport or supply chains.
2. Failures by engaged suppliers constitute force majeure only insofar as they are themselves caused by a circumstance beyond Lumuno’s reasonable control.
3. During force majeure, affected obligations are suspended. If the situation continues for an unreasonably long period, the parties may terminate the unperformed part of the agreement.
4. In the event of delay, non-delivery and refund, a consumer retains the rights granted under mandatory law.

Article 14 – Retention of title

1. A delivered product remains the property of Lumuno until the customer has paid all amounts due under the relevant agreement.
2. Risk passes in accordance with Article 6; retention of title does not change that point in time.
3. A business customer may not pledge products subject to retention of title or provide them as security to third parties.

Article 15 – Intellectual property

1. All rights in the online store, texts, images, designs, trademarks and other Lumuno content remain with Lumuno or its licensors.
2. The customer may access this content only for personal, non-commercial use unless otherwise permitted in writing.
3. Nothing in these terms and conditions transfers intellectual-property rights to the customer.

Article 16 – Changes to the terms and conditions

1. Lumuno may amend these terms and conditions.
2. In principle, an agreement is governed by the version to which the customer agreed when concluding it.
3. Amended terms and conditions apply to future agreements from the announced effective date.
4. If a change resulting from legislation is also relevant to an ongoing agreement, the customer will be informed insofar as reasonably necessary. Mandatory consumer rights remain fully applicable.

Article 17 – Governing law and competent court

1. The legal relationship between Lumuno and the customer is governed by Dutch law.
2. A consumer who is habitually resident in another Member State of the European Union retains the protection of that country’s mandatory consumer rules insofar as these apply under applicable private international law.
3. Disputes with a consumer will be submitted to the court having jurisdiction under the law.
4. Disputes with a business customer will be submitted exclusively to the competent court of the District Court of Oost-Brabant, unless mandatory law provides otherwise.