TERMS AND CONDITIONS

OVERVIEW

This website is operated by Lumerique. By visiting the Website or making a purchase from us, you are participating in our “Services” and agree to the following terms and conditions of use (“Terms of Use” or “TOS”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Website, including, but not limited to, browsing users, merchants, customers, traders and/or content providers.

Please read these Terms of Use carefully before accessing or using our Website. By using any part of the Website, you agree to these Terms of Use. If you do not agree to all of the terms of this Agreement, you may not access the Website or use the Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools added to the current offering are also subject to the Terms of Use. You can view the latest version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use.

ARTICLE 1 - DEFINITIONS

In these Terms:

Withdrawal period: the period during which the consumer can exercise their right of withdrawal.

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into an agreement at a distance with the Entrepreneur.

Day: calendar day.

Continuous agreement: a distance agreement that covers a number of products and/or services, where the delivery and/or procurement obligation is spread over time.

Permanent data carrier: any medium that allows the Consumer or the Entrepreneur to store information that is personally addressed to them, in a way that enables future consultation and unaltered reproduction.

Right of withdrawal: the consumer's possibility to cancel the agreement at a distance within the withdrawal period.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: a contract in which, in an organized arrangement for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to and including the conclusion of the contract.

Technique of remote communication: method that can be used to conclude an agreement without the consumer and entrepreneur being physically present at the same time.

General Terms and Conditions: the applicable general terms and conditions of the Entrepreneur.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Company name: Lumerique
Trade name: Lumerique
Customer service email: support@lumeriqueltd.com
Business Address: Office 3906, 39th Floor, The Center, 99 Queen’s Road Central, Central, Hong Kong

ARTICLE 3 - APPLICATION

These general terms and conditions apply to all offers from the Entrepreneur and all agreements concluded at a distance between the Entrepreneur and the Consumer.

Before the agreement is concluded, the text of these general terms and conditions will be made available to the Consumer. If this is not possible, it will be stated before the agreement is concluded that the terms and conditions can be viewed at the entrepreneur and that they will be sent to the consumer free of charge on request.

If the agreement is concluded electronically, the text of these general terms and conditions can be made available electronically in such a way that the consumer can easily save it on a durable data carrier. If this is not possible, the consumer will be informed where the terms and conditions can be read electronically and that they will be sent to the consumer free of charge on request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the consumer can always invoke the most advantageous provision in the event of conflicting conditions.

If one or more provisions of these general terms and conditions become wholly or partially invalid or annulled, the agreement and these terms and conditions will otherwise remain valid and the provision in question will be replaced in consultation to mirror the original meaning as closely as possible.

ARTICLE 4 - OFFERS

If an offer has a limited period of validity or is made under specific conditions, this will be explicitly stated in the offer.

The offer is not binding. The contractor has the right to change or adjust the offer.

All specifications, images and details in the quotation are indicative and cannot form the basis for claims for compensation or rescission of the agreement.

ARTICLE 5 - THE AGREEMENT

The agreement enters into force when the consumer accepts the offer and fulfills the set conditions. The entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this confirmation has not been sent, the consumer can cancel the agreement.

If the agreement has been concluded electronically, the Entrepreneur will take appropriate measures to ensure electronic data transmission and a secure e-commerce.

ARTICLE 6 - RIGHT OF WITHDRAWAL

The Consumer has the right to cancel the Agreement within 14 days of receipt of the Product without giving a reason.

The consumer must return the product in its original condition and packaging, and is responsible for the return costs.

If the product is not returned within the deadline, the purchase is considered final.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

If the consumer makes use of the right of withdrawal, the costs for returning the products are at the consumer’s own expense.

If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is conditional on the product having already been received back by the online store, or sufficient proof of complete return having been provided.

ARTICLE 8 – EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exceptions to the right of withdrawal are only valid if the entrepreneur has clearly stated this in the offer, or at least before the agreement is concluded.

The right of withdrawal can only be excluded for products:

that are made according to the consumer’s specifications;
that are clearly of a personal nature;
that cannot be returned due to their nature;
that may deteriorate or expire rapidly;
whose price is dependent on fluctuations in the financial market which the entrepreneur cannot influence;
that are single issues of newspapers or magazines;
that are audio or video recordings or software whose seal has been broken by the consumer;
that are hygiene products where the seal has been broken by the consumer.

The right of withdrawal can only be excluded for services:

that involve accommodation, transport, restaurant or leisure activities to be carried out on a specific date or during a specific period;
whose delivery has started with the consumer’s explicit consent before the withdrawal period has expired;
related to betting and lotteries.

ARTICLE 9 – THE PRICE

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market that the entrepreneur cannot influence. These fluctuations and the fact that any indicated prices are target prices must be stated in the offer.

Price increases within 3 months after the agreement was concluded are only allowed if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer has the right to terminate the agreement from the day the price increase takes effect.

The place of delivery is determined in accordance with § 5, first paragraph, of the VAT Act of 1968, and is the country where transport begins. In this case, delivery takes place outside the EU. As a result, the postal or courier service will charge import VAT and any customs clearance costs to the buyer. The entrepreneur will therefore not charge VAT.

All prices are subject to typographical and printing errors. The entrepreneur accepts no liability for the consequences of such errors. In case of typographical and printing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

ARTICLE 10 – CONFORMITY AND WARRANTY

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of usability and/or reliability, and the applicable legal provisions and/or government regulations at the time of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights and claims against the entrepreneur under the agreement.

Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.

The warranty period offered by the entrepreneur is the same as that of the manufacturer. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice given regarding use or application.

The warranty does not apply if:

the consumer has repaired or modified the products themselves, or had this done by a third party;
the products have been exposed to abnormal conditions, mistreated or handled contrary to the entrepreneur’s instructions and/or packaging;
the defect is wholly or partly the result of statutory requirements regarding the nature or quality of the materials used.

ARTICLE 11 – DELIVERY AND EXECUTION

The entrepreneur will take the greatest possible care in receiving and executing product orders. The place of delivery is the address that the consumer has provided to the company.

If delivery is delayed, or if an order cannot be fulfilled, the consumer will be notified within 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement free of charge and may be entitled to compensation.

If the order is cancelled, the amount paid by the consumer will be refunded within 14 days of cancellation.

ARTICLE 12 – SUBSCRIPTIONS: DURATION, TERMINATION AND RENEWAL

The consumer may terminate an open-ended agreement for the regular delivery of products or services at any time with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services cannot be automatically extended for a fixed duration, unless it concerns newspapers, news and weekly magazines, where the renewal is limited to a maximum of three months.

ARTICLE 13 – PAYMENT

Unless otherwise agreed, the consumer must make payment within 7 working days after the withdrawal period has commenced.

In the event of non-payment, the entrepreneur has the right to charge reasonable costs, provided that this has been communicated to the consumer in advance.

ARTICLE 14 – COMPLAINTS PROCEDURE

Complaints must be submitted in writing within 7 days after the consumer has discovered the defect. Complaints will be answered within 14 days, or the consumer will be informed about a longer handling period.

If a complaint is found to be justified, the entrepreneur will replace or repair the product free of charge.

ARTICLE 15 – DISPUTES

All agreements between the entrepreneur and the consumer are governed by Hong Kong law.

ARTICLE 16 – CESOP

Payment service providers may register information in the European CESOP system in accordance with 2024 legislation.

ARTICLE 17 – AMENDMENTS TO THE TERMS AND CONDITIONS

We reserve the right to update or change these terms and conditions. It is the consumer’s responsibility to check the website for any changes.

ARTICLE 18 – CONTACT INFORMATION

Questions about the terms and conditions can be sent to: support@lumeriqueltd.com

Business Address:
Office 3906, 39th Floor
The Center, 99 Queen’s Road Central
Central, Hong Kong