Smart Lumies, Inc.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
- INFORMATION ABOUT US
1.1 We operate the site. We are Smart Lumies,Inc., a company registered in Delaware and with our registered office at 2711 Centerville rd Ste 400, Wilmington, DE, 19808 (“Smart Lumies”, “we”, “us” or “our”).
1.2 You can contact us by writing to by email at firstname.lastname@example.org
1.3 If we have to contact you we will do so by writing to you at the email address you provided to us in your order. When we use the words “writing” or “written” in these terms, this includes emails.
- USE OF OUR SITE
2.1 Your use of our site is governed by our website terms of service that can be found at smartlumies.com/terms-of-use. Please take the time to read these, as they include important terms which apply to you.
- HOW WE USE YOUR PERSONAL INFORMATION
- THESE TERMS
4.1 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4.2 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
4.3 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Our shopping page will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 Where you have incorrectly submitted an order, please contact us as per clause 1.2.
5.3 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.4.
5.4 We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.5 If we are unable to supply you with a Product for any reason we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
- OUR RIGHT TO VARY THESE TERMS
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time, or suspend our supply of Products to you, under the following circumstances:
(a) to deal with technical problems or make minor technical changes;
(b) changes in relevant laws and regulatory requirements; or
(c) updates or other improvements to the Products.
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
- PRODUCTS AND DELIVERY
7.1 Please note that Products may vary slightly from the images used on our site, which are for illustrative purposes only. Different devices display colours differently, and so the colour of the Products you order may vary slightly from the images you see on the screen, although we have made every effort to ensure that colours display accurately. Minute differences should be expected in each Product’s construction, as minor deviations are inherent to Smart Lumies’s manufacturing process.
7.2 The packaging of our Products may vary from packaging shown in images on our site, but remember it’s what’s inside that counts.
7.3 We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 16 (“Events Outside Our Control”) for our responsibilities when this happens. To give you an indication, we will aim to have your Products ship in 1-14 business days. Pre-order deliveries may take more time.
7.4 Delivery shall be completed when we deliver the Products to the address you gave us (or you, or a carrier organised by you, collect them from us) and you will become responsible for Products at the time of that delivery.
7.5 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we may leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
7.6 If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract in respect of those Products in which case we may deduct reasonable compensation from any monies refunded to you for the net costs we will incur as a result.
- INTERNATIONAL DELIVERY
8.1 If you order Products from our site and require delivery to any international delivery destinations offered through our site, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
8.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.3 You must comply with all applicable laws and regulations of the country for which the Products are destined or in which they are used. We will not be liable or responsible if you break any such law.
- PRICE OF PRODUCTS AND DELIVERY CHARGES
9.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 9.5 for what happens if we discover an error in the price of Product(s) you have ordered.
9.2 Prices for our Products may change from time to time, but such changes will not affect any order you have already placed.
9.3 The price of a Product does not include VAT (unless otherwise indicated).
9.4 The price of a Product does not include any applicable delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
9.5 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.
- HOW TO PAY
10.1 You can pay for Products using certain debit or credit cards as indicated on our site. Please note that you are responsible for paying any currency exchange, or other payment charges.
10.2 Payment for Products and all applicable delivery charges is in advance. We will not dispatch any goods until we have received your payment in full.
- YOUR RIGHTS TO RETURN THE PRODUCT
11.1 Your rights when you return the product will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to return the product :
(a) If what you have bought is faulty or mis-described you may have a legal right to return the product (or to get the product repaired or replaced or to get some or all of your money back), see clause 15;
(b) If you want to return the product because of something we have done or have told you we are going to do, see clause 11.2;
(c) If you have just changed your mind about the product, see clause 11.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
11.2 Returning the product because of something we have done or are going to do. If you are returning the product for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to return the product because of something we have done wrong.
11.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
11.4 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods.
- HOW TO RETURN THE PRODUCT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
12.1 Tell us you want to return the product. To return the product to us, please let us know by:
(a) Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
12.2 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or mis-described;
(b) if you are returning the product because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
12.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then, if we have not offered to collect the Products, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
- GOODWILL HARDWARE WARRANTY
13.1 We are pleased to offer the following warranty in respect of the electronics which may accompany the Smart Lumies game.
(a) if you believe a Warranty Product you have purchased is defective, just get in touch with us at firstname.lastname@example.org letting us know where you are based, and what’s wrong, and we’ll explain the best way to return it to us for evaluation;
(b) you can rely on this guarantee if you are the person who first bought the Warranty Product, or if you can provide written evidence showing the transfer of this guarantee from the original purchaser to you (including, where appropriate, through subsequent second-hand owners);
(c) if you want to transfer this warranty to someone else, get in touch at email@example.com and we’ll send you an example letter you can use;
(d) this Manufacturer Warranty is in addition to and does not affect your statutory rights, and does not apply to defects caused by accidents, use of the Warranty Product other than in accordance with the instructions that accompany it, or abuse or other misuse of the Warranty Product, or to general cosmetic wear and tear which does not have a material impact on the functionality of the Warranty Product.
- OUR RIGHTS TO END THE CONTRACT
14.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
14.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 14.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
14.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
- IF THERE IS A PROBLEM WITH THE PRODUCT
15.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at firstname.lastname@example.org.
- OUR LIABILITY
16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
16.3 We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.4 Subject to clauses 16.1 and 16.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
- EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our supply of Products to you, we will arrange a new supply date with you after the Event Outside Our Control is over.
17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
- OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.