TERMS & CONDITIONS
General Terms and Conditions of Livia Labs LLC
Welcome to the General Terms and Conditions of Livia Labs LLC (the “General Terms and Conditions”). The General Terms and Conditions always apply between you and Livia Labs LLC when you use or place an order through the website www.luminaglow.com (the “Site”). The General Terms and Conditions contain important information for you as a customer of Livia Labs LLC. Please read them carefully. We also recommend you to save or print the General Terms and Conditions, so you can consult them again at a later date.
ARTICLE 1 DEFINITIONS
Agreement: any arrangement or agreement between Livia Labs LLC and the Client for the purchase of Products, of which the General Terms and Conditions form an integral part.
Client: the consumer or (legal) person acting in the performance of a profession or business who enters into an Agreement with Livia Labs LLC.
General Terms and Conditions: these terms and conditions of Livia Labs LLC.
Livia Labs LLC: a California Limited Liability Company, based in Newport Beach, California, trading under the trade name ”Lumina Glow”.
Product(s): the product(s) as offered on the Site.
Site: the website www.LUMINAGLOW.com and all of its sub-domains.
ARTICLE 2 APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
2.1 The General Terms and Conditions apply to all offers and deliveries from, and Agreements with, Livia Labs LLC, unless otherwise explicitly agreed on in writing.
2.2 If the Client declares other provisions or terms applicable in his order, confirmation or through any other communication medium, such provisions will only be binding upon Livia Labs LLC if and in so far as Livia Labs LLC has explicitly accepted them in writing.
2.3 By using the Site, or disclosing to us any personal information: (i) you agree that you have read and understood the terms of the General Terms and Conditions, (ii) you accept and agree to be bound by the terms of the General Terms and Conditions, and (iii) you accept and agree to abide by all laws and regulations applicable to the subject matter of this General Terms and Conditions.
ARTICLE 3 PRICES AND INFORMATION
3.1 All prices as displayed on the Site and on other materials originating from Livia Labs LLC include VAT and any other taxes and levies imposed by the government, unless stated otherwise on the Site. If the rate of VAT changes between the Client’s order date and the date we supply the Product, Livia Labs LLC will adjust the rate of VAT that the client pays, unless the Client has already paid for the Product in full before the change in the rate of VAT takes effect.
3.2 If shipping costs are charged, these will be clearly stated on the Site before the Agreement is concluded. The shipping costs will be displayed separately in the ordering process.
3.3 The content of the Site is composed with the greatest care. Livia Labs LLC can however not guarantee that all information on the Site is displayed correctly and/or is complete at all times. All prices and other information displayed on the Site and on other materials originating from Livia Labs LLC may include typographical and/or programming errors. Livia Labs LLC is not liable for such typographical and/or programming errors and reserves the right to correct such errors at all times. If Livia Labs LLC accepts and processes the Client’s order where a pricing error is obvious and unmistakable and could reasonably have been recognised by the Client as a mispricing, Livia Labs LLC may end the Agreement, refund any sums paid and require the return of any Products provided.
3.4 The images of the products on our website are for illustrative purposes only. Livia Labs LLC is not liable for any deviations between the colour of the actual Product and the colour of the Product as displayed on the Site.
3.5 Livia Labs LLC may change the Product (i) to reflect any changes in relevant laws and regulatory requirements and (ii) to implement minor technical adjustments and improvements. These changes will not affect the Client’s use of the Product.
ARTICLE 4 CONCLUSION OF THE AGREEMENT
4.1 The Agreement will be deemed to be concluded at such a moment that the Client accepts the offer of Livia Labs LLC by clicking the “BUY” button on the checkout page of the Site, which offer is subject to the General Terms and Conditions.
4.2 After the Client has accepted the offer by electronic means, Livia Labs LLC will confirm receipt of acceptance of the offer by electronic means.
4.3 If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Livia Labs LLC will have the right to suspend its obligations until the correct data has been received from the Client.
4.4 Livia Labs LLC expressly reserves the right to reject a Client’s order without stating reasons.
4.5 Livia Labs LLC prohibits the sale of Products by unauthorized resellers and does not sell or supply Products to unauthorized resellers. An order placed by an unauthorized reseller will be rejected without stating reasons and the concerning Client may be excluded by Livia Labs LLC. from the Site.
ARTICLE 5 EXECUTION OF THE AGREEMENT
5.1 As soon as Livia Labs LLC has received a Client’s order and has confirmed the acceptance thereof, it will hand over the Products to the shipping company as selected by the Client during the ordering process. The shipping company will deliver the Products to the Client.
5.2 Livia Labs LLC is authorized to engage any third parties in the fulfilment of its obligations under the Agreement.
5.3 The Site includes information describing the manner of delivery of the Products and an estimation of the term in which the Products will be delivered to the Client.
5.4 If Livia Labs LLC is unable to deliver the Products within thirty (30) days after the confirmation of acceptance of the order, it will notify the Client accordingly. In such an event, the Client has the right to either agree to a new delivery date or to dissolve the Agreement without incurring any costs, and the Client will receive a refund for any Products paid for but not received. Livia Labs LLC is not liable for any delay in the delivery process.
5.5 NLivia Labs LLC advises the Client to inspect the Products upon receipt and to report any defects within two (2) working days after delivery in writing or by email, and in any case within a reasonable period of time after discovering the defect.
5.6 As soon as the Product has been delivered to the delivery address submitted by the Client, the risk of the Product fully transfers to the Client, without prejudice to any rights consumers may have.
5.7 If the ordered Product is out of stock or can no longer be supplied for any other reason, Livia Labs LLC may cancel the order by notifying the Client or deliver a Product that is comparable in nature and quality to the ordered Product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and to return the Product free of charge.
ARTICLE 6 RIGHT TO WITHDRAW
6.1 The Client has the right to return the Product within thirty (30) days after the Product has been delivered to the Client. The Client must bear the costs for shipping the Products Livia Labs LLC.
6.2 The Client must inform Livia Labs LLC of it’s wish to return the Product by sending an e-mail to email@example.com, by filling out the model cancellation form (to be found at the end of these General Terms and Conditions) or in any other unambiguous way within the aforementioned period of thirty (30) days after the Product has been delivered to the Client. This notification must include the following information: order number, name, phone number, e-mail address and delivery address. After receipt of the notification, Livia Labs LLC will provide a Return Authorization number (“RA Number”) to the Client. After receipt of the RA number, the Client will have thirty (30) days to return the Product to Livia Labs LLC.
6.3 Insofar reasonably possible, returned Products must be sealed, unused, undamaged and returned in its original unopened packaging with its original packing slip. Returned Products that do not satisfy all of the aforementioned conditions, cannot 3. be accepted due to health protection and hygiene reasons.
6.4 The Client is responsible for the chosen shipping method for the return of the Product. The risk of the Product will transfer to Livia Labs LLC when Livia Labs LLC has received the Product. This means that Livia Labs LLC is not responsible for any returns which are (for example) lost and/or damaged during transport when being returned. We therefore advise you to choose for registered shipment, request tracking information and ensure the package containing the returned Product(s). Livia Labs LLC does not make any exceptions to this policy.
6.5 Livia Labs LLC will confirm receipt of the returned Product upon receipt. Within thirty (30) days of being notified that the Client wishes to return the Product, Livia Labs LLC will refund the total purchase price (including shipping costs) to the Client, provided that Livia Labs LLC has received the returned Product itself or Client is able to proof shipment of the Product. If Client has chosen a shipping method that was more expensive than the “standard shipping method”, Livia Labs LLC will only reimburse the price of the “standard shipping method”.
ARTICLE 7 PAYMENT
7.1 The Client shall pay the amounts due to Livia Labs LLC in accordance with the ordering process and through the payment method selected on the Site. Livia Labs LLC is free to offer any payment method of its choice and may change these payment methods at any time.
7.2 Any refunds will be provided by the method used by the Client for payment, unless agreed otherwise.
ARTICLE 8 WARRANTIES AND CONFORMITY
8.1 Livia Labs LLC warrants that the Products are suitable for their intended use, as described on the Site.
8.2 If the delivered Product fails to comply with the Agreement, the Client must notifyLivia Labs LLC thereof within a reasonable period of time, where a notification within two (2) months after the consumer has discovered the defect will be considered reasonable.
8.3 If a Product fails to comply with the Agreement and the Client has notified Livia Labs LLC thereof within a reasonable period of time, the Product concerned will be repaired, replaced or (partially) refunded, such in consultation with the Client. Livia Labs LLC will pay the costs of return and other shipping costs in case of faulty or misdescribed Products.
8.4 Livia Labs LLC only offers warranties on Products purchased on the Site or from an authorized reseller and accompanied by a valid receipt or proof of purchase. If you purchase a Product from an unauthorized reseller, the warranty will not be valid. Please be aware that there are some websites or dealers (e.g. on Amazon) who claim to be authorized resellers but are not. Products sold on these websites or from these dealers do not carry a warranty from Livia Labs LLC When you purchase products from an unauthorized website, you are taking a risk because these products may be counterfeit, used, defective, or may not be designed or fit for use in your country. Please ensure that you only purchase Products through the Site or from an authorized reseller. If you have any questions about authorized resellers, please contact us. This disclaimer is without prejudice to any rights consumers may have and to the extent permitted by applicable law.
ARTICLE 9 COMPLAINTS HANDLING PROCEDURE
9.1 If the Client has any grievances in connection with a Product (in accordance with article 8 entitled, “Warranties and Conformity”), or regarding any other aspects of the Site or service of Livia Labs LLC, it can submit a complaint by email or in writing. The contact details ofLivia Labs LLC. are provided at the end of these General Terms and Conditions.
9.2 Livia Labs LLC will respond to the complaint as soon as possible, and in any case within ten (10) days after receipt of the complaint. If Livia Labs LLC is unable to formulate a substantive response to the complaint within such period, Livia Labs LLC will confirm receipt of the complaint within ten (10) days after receipt of the complaint and give an indication of the term within which it expects to be able to give a substantive or definitive response to the Client.
ARTICLE 10 LIABILITY
10.1 For consumers. To the extent allowed under applicable (local) mandatory law, the total liability of Livia Labs LLC in respect of the Client due to an attributable failure to perform the Agreement is limited to a compensation which does not exceed the price stipulated for that particular Agreement (including VAT and shipping costs). Livia Labs LLC does not exclude or limit in any way its liability to the Client where it would be unlawful to do so.
10.2 For persons acting professionally. To the extent permitted by applicable law, Livia Labs LLC is not subject to any liability, irrespective of the grounds upon which an action or proceeding may be based. The restrictions set out in this article
10.2, will cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part ofLivia Labs LLC. Livia Labs LLC is not liable for any indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption.
10.3 To the extent permitted by applicable law, and without prejudice to any rights consumers may have, Livia Labs LLC will only be liable to the Client on account of an attributable failure in the performance of an Agreement if the Client issues a written notice of default to Livia Labs LLC. without delay, stipulating a reasonable period of time in which Livia Labs LLC has the possibility to remedy the default, and Livia Labs LLC fails to cure the default within such period (unless the default cannot be remedied). The notice of default must contain a description of the default in as much detail as possible, in order to enable Livia Labs LLC to provide an adequate response and/or take adequate action.
10.4 Any event giving rise to compensation is always subject to the condition that the Client reports the damage or loss in writing to Livia Labs LLC as soon as possible, but no later than within thirty (30) days after the damage or loss has arisen.
10.5 Livia Labs LLC is not liable for any failure or delay in the performance of its obligations under the Agreement or any damage or loss the Client has incurred caused by force majeure, meaning any event beyond the reasonable control of Livia Labs LLC or any third parties engaged by Livia Labs LLC to fulfil its obligations under the Agreement, including but not limited to strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, flu outbreaks, plagues, pandemics, epidemics, acts of government, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, to 5. the extent permitted under applicable law. This includes amongst others (and without limitation) the event that any third party engaged by Livia Labs LLC is not able to fulfil its obligations due to a force majeure event
ARTICLE 11 RETENTION OF TITLE
11.1 As long as Livia Labs LLC has not received full payment for the Products, Livia Labs LLC will retain the ownership of the Products. The Client will own the Product after Livia Labs LLC has received payment in full.
ARTICLE 12 PERSONAL DETAILS
ARTICLE 13 FINAL PROVISIONS
13.1 The General Terms and Conditions and the Agreement are exclusively construed in accordance with and shall be exclusively governed by US law.
13.2 Except in case of a dispute with a consumer, any dispute arising out or in connection with the General Terms and Conditions and the Agreement, including disputes concerning the existence and validity thereof will, if no amicable settlement can be reached, be exclusively submitted to the competent court of Amsterdam.
13.3 In the event that any of the provisions contained in the General Terms and Conditions will be deemed invalid or unenforceable, then the remaining provisions shall be construed as if such invalid provisions were not contained herein; and such invalid or unenforceable provisions will then be deemed to have been replaced by a provision which as closely as possible meets the intention of Livia Labs LLC when inserting the original provision.
13.4 Livia Labs LLC has the right to make changes to these General Terms and Conditions. We will notify Clients if such changes are significant and/or have an adverse effect on Client’s rights and obligations under the Agreement. In case of significant or adverse changes, the Client will have the right to end the Agreement before the changes take effect and receive a refund for any Products paid for but not received.