Terms of service

This website is operated by Lumdal Design, and throughout the site, wherever you see the terms "we", "us" and "our" used, these refer specifically to Lumdal Design. Lumdal Design offers this website to you, the user, including all of the information, tools, and Services that are made available through this site, and your use of any part of it is conditioned entirely upon your acceptance of all of the terms, conditions, policies, and notices that are stated here.

By visiting our site and, in addition, by purchasing any product or service from us, you are engaging in what we refer to throughout this document as our "Service", and in doing so you agree to be bound by the following terms and conditions, which we refer to as our "Terms of Service" or simply our "Terms", including any additional terms, conditions, and policies that are either referenced within this document or made available to you elsewhere by hyperlink. These Terms of Service apply, without limitation, to all users of the site, which includes anyone who is simply browsing the site, anyone who is a registered or unregistered customer, and anyone who chooses to contribute content to the site in any form.

We would ask that you please read these Terms of Service carefully and in full before you choose to access or otherwise use our website in any way. By accessing or using any part of the site, whether briefly or extensively, you are agreeing to be bound by these Terms of Service in their entirety. If, for any reason, you do not agree with all of the terms and conditions contained within this agreement, then you should not access the website, and you should not use any of the Services that we offer through it.

Any new features, tools, or functionality that we add to our current store from time to time shall also, automatically and without exception, be subject to these same Terms of Service. We reserve the right, at our own discretion, to update, change, amend, or otherwise replace any part of these Terms of Service by posting the relevant updates and changes directly to our website. It remains your own responsibility to check this page periodically in order to stay informed of any such changes, and your continued use of, or continued access to, the website following the posting of any changes will be treated as constituting your acceptance of those changes.

Our online store is hosted on infrastructure provided by Shopify Inc., who supply us with the online e-commerce platform that allows us to sell our products and Services to you in a secure and reliable manner.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you are representing and confirming to us that you are at least 18 years of age, or, alternatively, that you are accessing and using this site under the direct supervision of a parent or legal guardian who is aware of and consents to your use of the site.

You may not use our products, in any way whatsoever, for any illegal or unauthorized purpose, and you also may not, in the course of using the Service, violate any applicable laws within your jurisdiction, including, without limitation, any laws relating to intellectual property.

You must not, under any circumstances, transmit any worms, viruses, or any other form of code that is destructive or malicious in nature. Any breach or violation of any of these Terms will result in the immediate termination of your access to our Services, without further notice being required.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse to provide our Service to anyone, for any reason, and at any time that we consider appropriate, subject always to your statutory rights as a consumer, which remain fully unaffected by this reservation of rights.

You understand and acknowledge that your content, with the specific exception of any payment card information you provide, may be transferred in an unencrypted form, and that this may involve transmissions across a variety of different networks, as well as changes made in order to conform and adapt to the particular technical requirements of the networks or devices to which it connects. Your payment card information, by contrast, is always encrypted throughout the entire process of transfer over any network.

You agree that you will not reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Service, nor your use of the Service, nor your access to the Service, without our express prior written permission to do so.

The headings that are used throughout this agreement have been included purely for the sake of convenience, and they will not, in any way, limit or otherwise affect the interpretation of these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible in circumstances where the information made available on this site turns out not to be entirely accurate, complete, or current at the relevant time. The material presented on this site is provided solely for general informational purposes, and it should not be relied upon, nor used, as the sole basis for making any significant decisions, particularly without first consulting other, more accurate, more complete, or more up-to-date sources of information where appropriate.

We reserve the right to modify the contents of this site at any time and for any reason that we consider appropriate, but we are under no obligation whatsoever to update any of the information that currently appears on our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change at any time and without any prior notice being given to you. We reserve the right, at any time, to modify, suspend, or entirely discontinue the Service, or any part or feature of it, without providing notice in advance.

We shall not be liable to you, nor to any third party, for any modification, price change, suspension, or discontinuance of the Service that we may make from time to time, except in circumstances where doing so would affect an order that you have already placed and paid for in full, in which case your statutory rights as a consumer remain entirely unaffected by anything stated in this section.

SECTION 5 - PRODUCTS

Certain of our products may, from time to time, be made available exclusively through our online store. These particular products may be offered only in limited quantities, and they remain subject to return only in accordance with the terms set out in our Refund Policy, as well as in accordance with any statutory rights you may separately hold as a consumer.

We make every reasonable effort to display the colours and images of our products as accurately as we possibly can, but we are not able to guarantee that the specific device or monitor that you are using to view our site will render any given colour with complete or perfect accuracy.

We reserve the right, although we are under no obligation to exercise it, to limit the sale of our products to any particular person, geographic region, or jurisdiction, at our own discretion. All descriptions of our products, along with all pricing information, remain subject to change at any time and without notice.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or to cancel any order that is placed with us, for any reason that we consider appropriate. You agree that you will provide us with current, complete, and accurate purchase and account information in respect of all purchases made through our store, and that you will promptly update this information whenever necessary, so that we remain able to complete your transactions successfully and to contact you as and when this becomes required.

For further details regarding refunds, please take the time to review our Refund Policy in full.

SECTION 7 - OPTIONAL TOOLS

We may, from time to time, provide you with access to certain third-party tools, over which we have no meaningful control and which we do not monitor in any ongoing way. Any such tools are provided to you strictly on an "as is" and "as available" basis, without any warranties of any kind whatsoever, and we accept no liability of any nature arising from your use of them. Any use that you choose to make of these optional third-party tools is undertaken entirely at your own discretion, and entirely at your own risk.

SECTION 8 - THIRD-PARTY LINKS

Certain content and Services that are made available through our Service may, from time to time, include materials originating from third parties, and certain third-party links that appear on this site may direct you toward websites that are not affiliated with us in any way. We are not responsible for examining, evaluating, or verifying the content, accuracy, or general practices of any such third parties, and we accept no liability whatsoever in connection with any transaction that you may choose to undertake with them.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you choose to send us any feedback, suggestions, ideas, or other submissions of any kind, whether we have specifically requested them or not, you agree that we are free to use these submissions without any restriction whatsoever, and without owing you any form of compensation in return. We are under no obligation of any kind to keep any such submissions confidential.

You further agree that anything you submit to us will not violate the rights of any third party, and will not contain any unlawful, abusive, defamatory, or obscene material of any description. You remain solely and entirely responsible for the accuracy and the content of anything that you choose to submit to us.

SECTION 10 - PERSONAL INFORMATION

Any personal information that you submit to us through our store is governed, in full, by the terms of our separate Privacy Policy, which we would encourage you to read carefully.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, it is possible that information appearing on our site may contain typographical errors, inaccuracies, or omissions, whether relating to product descriptions, pricing, or general availability. We reserve the right to correct any such errors as and when we become aware of them, and to update, amend, or cancel orders where the underlying information was found to be inaccurate, without prior notice, including in circumstances where an order has already been submitted, always in accordance with your statutory rights as a consumer.

SECTION 12 - PROHIBITED USES

In addition to any other prohibitions that are set out elsewhere within these Terms, you are expressly prohibited from using the site for any unlawful purpose whatsoever; from using it in a way that would violate any applicable regulations or laws; from using it to infringe upon our intellectual property rights, or the intellectual property rights of any other party; from using it to harass, abuse, or discriminate against any other person; from submitting any information that is false or intentionally misleading; from transmitting any viruses or other forms of malicious code; from collecting personal information belonging to any other user; and from interfering with, or attempting to circumvent, the security of the Service in any way. We reserve the right to terminate your access to the site immediately, should you violate any of these prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, in any respect, that your use of our Service will be uninterrupted, timely, entirely secure, or completely free of errors at all times.

Nothing contained within these Terms excludes or limits our liability in respect of anything which cannot, as a matter of law, lawfully be excluded or limited, including, without limitation, death or personal injury that is caused by our own negligence, any form of fraud on our part, or any breach of your statutory rights as a consumer under the Consumer Rights Act 2015.

Subject always to the above, and to the fullest extent that is permitted under applicable law, we shall not be liable for any indirect, incidental, or consequential damages of any kind that arise from your use of the Service, or from your use of any products that you have purchased through it.

SECTION 14 - INDEMNIFICATION

You agree that you will indemnify, and will hold harmless, Lumdal Design, together with our officers, employees, and agents, from and against any claim or demand that may be brought against us, including any reasonable legal fees that we may incur, arising out of, or in connection with, your breach of these Terms, or your violation of any applicable law, or your violation of the rights of any third party.

SECTION 15 - SEVERABILITY

In the event that any particular provision contained within these Terms of Service is found, for whatever reason, to be unlawful, void, or otherwise unenforceable, that specific provision will simply be severed from the remainder of this agreement, and its removal will not, in any way, affect the validity or the continued enforceability of any of the remaining provisions.

SECTION 16 - TERMINATION

These Terms of Service will remain effective unless and until they are terminated, either by you or by us. You are free to terminate these Terms at any time, simply by ceasing to use our site. We, in turn, may terminate or suspend your access to the site if you fail to comply with any provision contained within these Terms, although doing so will not affect any statutory rights that you have already accrued up to that point.

SECTION 17 - ENTIRE AGREEMENT

These Terms of Service, taken together with our separate Privacy Policy and our Refund Policy, together constitute the entire agreement that exists between you and us in respect of your use of the Service, and they supersede any and all prior agreements, communications, or understandings, whether these were oral or written in nature.

SECTION 18 - GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Service shall, in all respects, be governed by, and construed strictly in accordance with, the laws of England and Wales.

Should any dispute arise between you and us, we would strongly encourage you to contact us directly in the first instance, so that we may attempt to resolve the matter together. If we are unable to resolve any such dispute in this way, you retain the right to bring proceedings before the courts of England and Wales, and, as a consumer, you may also, where applicable, make use of the EU's Online Dispute Resolution platform or its UK equivalent. Nothing contained within these Terms in any way limits your right to bring a claim through the small claims court, nor does anything here otherwise affect your statutory rights as a consumer.

SECTION 19 - CHANGES TO TERMS OF SERVICE

We reserve the right, at our own discretion, to update, change, or otherwise replace any part of these Terms of Service by posting the relevant updates directly to our website. Your continued use of the site, following the posting of any such changes, will be treated as constituting your acceptance of those changes.

SECTION 20 - CONFORMITY AND WARRANTY

We guarantee, to the fullest extent required by law, that our products comply fully with the contract, with the description that was provided to you at the time of sale, and with all legal and regulatory requirements that were in force at the time your purchase was made.

Under the Consumer Rights Act 2015, you hold a legal right to receive goods that are of satisfactory quality, that are fit for their intended purpose, and that match the description that was given to you. Should a product prove to be faulty, you may, depending on how long you have owned the item, be entitled to a repair, a replacement, or a refund, and this right exists entirely independently of, and in addition to, any further guarantee that we may separately choose to offer.

In addition to your statutory rights, and as a further gesture of goodwill on our part, we also offer what we call the 30 Evenings Promise: you are invited to live with your Lumdal lamp for up to 30 evenings in your own home, and if, after that time, it simply doesn't feel right, you may return it to us for a full refund, in accordance with the specific terms that are set out within our Refund Policy.

This particular warranty does not extend to cover any damage that results from misuse, from unauthorised modification, or from normal and expected wear and tear over time, and nothing contained within it affects any of your other statutory rights as a consumer.