General terms and conditions of business

Article 1 - Definitions

In these terms and conditions, the following definitions apply:
Withdrawal period: The period within 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 concludes a distance contract with the entrepreneur;

Day: Calendar day;

Long-term transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a specific period;

Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future retrieval and unaltered reproduction of the stored information.

Right of withdrawal: The consumer's option to withdraw from the distance contract within the cooling-off period;

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

Distance contract: An agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, only one or more remote communication techniques are used up to and including the conclusion of the agreement;

Remote communication technique: Means that can be used for concluding a contract without the consumer and entrepreneur having to be in the same room at the same time.

General terms and conditions: These general terms and conditions of the entrepreneur.


Article 2 - Identity of the entrepreneur

K2024290271 (PTY) LTD

14 Geneva Crescent, Tinley Manor, Tinley Manor, KwaZulu-Natal, 4390, South Africa 

E-mail: info@lumoviastore.com

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer, as well as to every order.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or annulled, then the agreement and these terms and conditions will remain in force for the remainder, and the provision in question will be immediately replaced by mutual agreement by a provision that approximates the scope of the original as closely as possible.

Situations not provided for in these general terms and conditions are to be assessed "in the spirit" of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our general terms and conditions are to be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.

Images of products are a true representation of the products offered. The operator cannot guarantee that the displayed colors exactly match the actual colors of the products.

Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:

The price, excluding customs clearance costs and import VAT. These additional costs will be borne by and at the risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services in relation to imports. This regulation applies when the goods are imported into the EU destination country, which is the case here. The postal and/or courier service collects the VAT (possibly together with the customs clearance fees) from the recipient of the goods;

any shipping costs;

the manner in which the agreement will be concluded and what actions are required for this

whether the right of withdrawal applies or not;

the method of payment, delivery, and performance of the agreement;

the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

the amount of the distance communication tariff if the costs of using the distance communication technique are calculated on a basis other than the regular basic tariff for the communication means used;

whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;

the way in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, restore it;

any other languages ​​in which the contract can be concluded;

the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, type of materials.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure internet environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can - within legal frameworks - inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the execution, stating reasons.

The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

1. the visiting address of the entrepreneur's business location where the consumer can lodge complaints;
2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. the information about guarantees and existing after-sales service;
4. the data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the conclusion of the contract;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons during a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and communicated to the entrepreneur.

During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The consumer must communicate this in the form of a written notification/email. After the consumer has communicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example, by means of a shipping receipt.

If the customer has not communicated their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by them.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition for this is that the product has already been received by the entrepreneur or conclusive proof of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:
1. that have been manufactured by the entrepreneur according to the consumer's specifications;
2. that are clearly personal in nature;
3. that cannot be returned due to their nature;
4. that spoil or age quickly;
5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software whose seal has been broken by the consumer.
8. for hygiene items where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:
1. concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
2. whose delivery has commenced with the express consent of the consumer before the withdrawal period has expired;
3. concerning bets 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.

Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that the prices mentioned are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated them and:
1. they are based on legal regulations or provisions; or
2. the consumer is entitled to terminate the contract on the day on which the price increase takes effect.

The place of delivery according to Article 5, paragraph 1 of the VAT Act 1968 is in the country where the transport begins. In this case, this delivery takes place outside the EU. Accordingly, the postal or courier service will collect the import VAT or the clearance fees from the customer. Therefore, no VAT will be charged by the entrepreneur.

The prices indicated on our website for products include delivery costs but exclude fees, taxes, duties, or similar government-imposed charges ("duty unpaid and untaxed").

All rights, fees, customs duties, taxes or other government charges and declarations for the import of the products to the delivery address are your responsibility, will be borne by you and are not included in the prices of the products. For all deliveries, additional costs may apply in individual cases, for which the seller is not responsible and which must be borne by the customer. In addition to shipping costs, these may also include customs duties or import sales taxes if the goods are shipped from a non-EU country (China), or customs duties are to be incurred for a product, this must be clarified with our customer service before ordering. Customs duties or import sales taxes are not paid by us and are at the expense of the buyer. Our goods are always shipped "duty unpaid and untaxed". The buyer is the "Importer of Record" and is responsible for the proper payment of duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods vary from country to country, you should check your country's duties and import taxes before placing your order. The buyer is obliged to check upon receipt of the goods whether all laws and regulations of the importing country have been complied with.

All prices are subject to printing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the goods at the incorrect price.

Article 10 - Compliance and Warranty

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

A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the warranty period 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 regarding the use or application of the products.

The warranty does not apply if:
the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;

the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or handled on the packaging;

The inadequacy is wholly or partly the result of regulations that the state has made or will make regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The company will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.

Subject to the provisions in Article 4 of these General Terms and Conditions, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and without the right to compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return are at the expense of the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless explicitly agreed otherwise.

Article 12 - Term transactions: duration, termination and renewal

Termination

The consumer can terminate a contract entered into for an indefinite period, which extends to the regular delivery of goods (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of up to one month.

The consumer can terminate a fixed-term contract, which has been entered into for the regular delivery of products (including electricity) or services, at any time at the end of the fixed term with due observance of the applicable termination rules and a notice period of no more than one month.

The consumer can terminate the contracts mentioned in the preceding paragraphs at any time:

terminate at any time and not be limited to termination at a specific time or in a specific period;

terminate at least in the same way as he entered into them
always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal

A fixed-term contract that has been entered into for the regular delivery of goods (including electricity) or services cannot be tacitly extended or renewed for a specific duration.

Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular delivery of daily newspapers and weekly newspapers can be tacitly extended for a fixed term of a maximum of three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of a maximum of one month.

A fixed-term contract for the regular delivery of goods or services can only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month; the notice period may not exceed three months if the contract extends to the regular, but less than once a month, delivery of daily newspapers, news and weekly newspapers.

A fixed-term contract for the regular delivery of trial days, newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.

Duration

If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the event of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has the duty to report inaccuracies in payment data provided or mentioned to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer resides abroad.

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