General conditions of purchase
The Conditions of Sale reported here regulate the sale of products on the luminafashion.com website.
The online order determines the acceptance of the terms and conditions set out here and constitutes a contract between the Buyer and LUMINA By HQ srl for the sale of the products listed in the online catalog of the website. Purchases made on luminafashion.com are regulated, although not expressly provided for by the following purchase conditions, by EU directive 2011/83 on consumer rights for online purchases.
CUSTOMER DATA AND ACCESS TO THE SITE
By placing orders through the luminafashion.com website, the customer agrees to make use of the aforementioned site to place legally valid orders and not to make false and / or fraudulent orders; should it be deemed that an order of a false and / or fraudulent nature has been placed, this will be canceled and Lumina will be authorized to inform the competent authorities.
If all the required data, necessary for shipping and the related documents, including fiscal ones, are not provided, it will not be possible to positively hesitate the order, which will be canceled by email.
By placing an order on the luminafashion.com website, the Customer guarantees that he is of legal age (from 18 years upwards) and that he has the legal right to enter into binding contracts.
Where at the time of the order the Customer requires an invoice relating to the purchase of the goods, the same must be requested immediately, with the indication of all complete and truthful data. Lumina reserves the right not to issue the requested document, should irregularities emerge in the data indicated by the Customer.The information or personal data provided by the user will be processed in accordance with the provisions of the Data Protection Policies. By using the website, you authorize us to process such information and personal data and declare that all information and / or data personal information provided to us are accurate and true.
LUMINA By HQ srl
Via Friuli Venezia Giulia, 17
59100 Prato, Italy
FINALIZATION OF THE CONTRACT
The information referred to in these Conditions and the details contained in this website do not constitute an offer to the public, but a contractual proposal. There will be no contract between the Customer and the HQ owner of the Lumina brand in relation to any products until the order has been explicitly accepted. If the offer is not accepted and a debit has already been made to the account, the amount of the same will be refunded in its entirety.
To place an order, the Customer must follow the online purchase procedure and click on "Authorize payment". Subsequently, an e-mail confirming receipt of the order will be sent (the "Order Confirmation") in which the products purchased by the Customer will be specified. It is understood that this will not result in the acceptance of the order since it constitutes an offer that the Customer makes towards HQ Srl, owner of the Lumina brand for the purchase of one or more products. All orders will be subject to HQ approval; the Customer will be informed of the approval by sending an e-mail confirming that the order is being shipped (the "Shipping Confirmation") by the courier in charge. The contract for the purchase of a product between HQ owner of the Lumina brand and the Customer (the "Contract") will be considered concluded only when the Shipping Confirmation is sent.
Only the products indicated in the Shipping Confirmation will be the subject of the Contract. HQ owner of the Lumina brand will not be obliged to supply the Customer with any other product that has not been ordered until it is confirmed in the Shipping Confirmation that this product has been shipped.
HQ, owner of the Lumina brand, undertakes to keep free shipments for orders placed by the Customer that have a value equal to and / or greater than € 80.00; while for orders of less than € 80.00 the cost of shipments is € 12.00, except for changes that will be promptly indicated in these conditions of sale and in any case communicated to the Customer at the time of the order.
AVAILABILITY OF PRODUCTS
All product orders are subject to their availability. In this sense, in the event of supply problems, or if there are no items in stock, HQ, owner of the Lumina brand reserves the right to provide the Customer with information relating to replacement products of equal or higher quality and value, which the Customer may decide to order. If the Customer does not wish to place an order for these replacement products, he will be reimbursed for any amounts already paid.
REMOVAL OF PRODUCTS FROM THE SITE
HQ owner of the Lumina brand reserves the right to remove any product from this website at any time and / or to delete or modify any material or content thereof. Although HQ owner of the Lumina brand will always make every effort to follow up on all orders, there may be exceptional circumstances that oblige to refuse the processing of orders after sending the Order Confirmation, and therefore HQ, owner of the Lumina brand is reserves the right to do so at any time.
HQ, owner of the Lumina brand, declines any responsibility towards the Customer or towards third parties for the removal of any product from this website, for the elimination or modification of any material or content of the website, or for the non-processing order after sending the Order Confirmation.
RISK AND OWNERSHIP OF PRODUCTS
The risks relating to the products will be borne by the Customer from the moment of their delivery.
The Customer will acquire ownership of the products as soon as HQ has received full payment of all amounts due in connection with them, including shipping costs.
The products sold through this website are supported by the mandatory legal guarantee provided by law in favor of consumers, to cover any lack of conformity existing at the time of delivery of the goods. The legal guarantee covers any lack of conformity of the goods that may occur within two years from the relative delivery, provided that they are reported within two months of the discovery of the lack of conformity.
Pursuant to the applicable legislation, there is a lack of conformity if the product you have purchased (i) does not conform to the description provided and does not possess the qualities presented on this website; (ii) it is not suitable for the use for which the products are normally intended; (iii) does not have the qualities and characteristics of a product of the same type and which can reasonably be expected, taking into account the nature of the asset and, if applicable, the specific characteristics presented. Within the limits established by law, we exclude all additional and derogable guarantees, except for those that cannot be legitimately excluded from consumers and users. In case of lack of conformity, you have the right to restore the conformity of the goods, at no cost to you.
If you believe that one or more of the purchased products show any lack of conformity, please contact us at the references indicated on our website.
You acknowledge and agree that all copyrights, trademarks and any intellectual property rights in the materials or content presented as an integral part of the website are our property and those who have licensed us for their use. You may use such material only in the manner for which you will receive express authorization from us or from those who have granted us a license for their use. This will not prevent you from using this website to the extent necessary to copy information about your order or contact details.
VIRUSES, PIRACY AND OTHER RISKS OF IT ATTACK
You must avoid any improper use of this site as well as avoid the introduction of viruses, troyan horses, worms, logic bombs or other programs or materials that may cause technological damage. Without authorization, you will not have to access the website or the server where it is hosted or other servers, computers or databases relating to our website. It undertakes not to carry out DoS attacks against this website. Failure to comply with this clause could lead to violations defined by the relevant legislation. In case of non-compliance with the aforementioned legislation, we will inform the competent authorities with whom we will collaborate to identify those responsible for the attack perpetrated. Likewise, in the event of non-compliance with this Article, your authorization to use the website will be immediately withdrawn.
Within the maximum limits permitted by current legislation and in compliance with the fundamental rights of consumers, we decline all responsibility in the event of any damage or loss resulting from a DoS attack, virus or other program or material that may cause technological damage to your computer, IT equipment, data or materials as a result of using our website or downloading content from it or redirecting the user to it.
The applicable legislation provides that part of the information or communications that we will send you are in written form. By using this website, you agree that most of the communications exchanged with us are in electronic format. We will contact you by e-mail, or by providing you with information by posting appropriate notices on this website. For contractual purposes, you consent to this electronic means of communication by acknowledging that all contracts, notices, information and other communications that we will provide to you electronically will comply with the legal requirement that such communications be in written form. This provision does not in any way limit the rights recognized by current legislation.
Communications will be deemed to have been received and adequately notified respectively when posted on our website, 24 hours after sending an email, or three days after the date of dispatch. To prove that a communication has been served, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, stamped and delivered to the postal service and, in the case of an e-mail, that it was sent to the address and -mail of the recipient.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement between you and us is binding on both you and us, as well as our respective successors and successors in title. You are prohibited from transferring or assigning the Agreement or any of the rights or obligations arising therefrom in any way without our prior written consent. We will have the right to transfer, assign, sub-contract or dispose freely in any way and at any time of the Contract, or of any right or obligation deriving from it. For the avoidance of doubt, any transfer, assignment, subcontracting or other provision of the Contract will have no impact on your rights as a consumer or will cease, reduce or limit in any way any of the guarantees or liability offered by us, explicitly or implicitly.
We will not be liable in any way for any breach or delay in the performance of any of the obligations under the Agreement caused by events which are beyond our reasonable control ("Force Majeure Events"). For Force Majeure Events we mean any act, event, non-occurrence, omission or accident beyond any reasonable control; this expression includes by way of example but not limited to what is specified below:
- Strikes, lockouts or other trade union unrest.
- Riots, riots, invasions, terrorist attacks or threats of terrorist attacks, wars (declared or not), or threats of war.
- Fire, explosion, storm, flood, earthquake, landslide, epidemic or other natural disaster.
- Inability to use railways, shipping, air, motor transport or other means of public or private transport.
- Inability to use public or private telecommunications networks.
- Acts, decrees, laws, regulations or restrictions of any government.
- Any strike, disaster or maritime, postal or other relevant means of transport.
It is understood that the execution of the obligations referred to in the Contract will remain suspended for the entire duration of the Force Majeure Events. We will be granted an extension for the performance of the Agreement equal to the duration of this period. It is understood that, despite pending Force Majeure Events, we will strive to find a solution by which to comply with our contractual obligations.
If we fail, during the execution of the Contract, to demand the exact fulfillment of any of your obligations, or any of the obligations under these General Conditions, or fail to exercise any of the rights or actions to which we are entitled pursuant to the Agreement or these General Conditions, this will not constitute a waiver of such rights or actions and will not release you from the fulfillment of the related obligations.
Our possible tolerance in the face of your non-fulfillment will not constitute any waiver to react in the face of a subsequent non-fulfillment.
No waiver by you with respect to any of your obligations under the Contract or these General Conditions will be valid unless communicated in writing.
If any article of the General Conditions, or part of it, or any of the provisions of the Contract, should be judged invalid, illegal or unenforceable by the competent authority, such article, clause or provision will be considered as not affixed while the other articles, clauses and provisions will remain valid to the maximum extent permitted by law.
INTEGRITY OF THE CONTRACT
These General Conditions, as well as any document expressly referred to in them, represent the entire agreement between you and us regarding the subject matter of the Agreement and supersede any previous agreement, understanding or pact between us, whether oral or written.
Both you and we acknowledge that, in entering into the Agreement, neither you nor we have relied on any representation, commitment or promise made by the other party, or inferable from what was said or written during the negotiations preceding the Agreement, but only on what expressly stated in these Conditions.
Both you and we will have the right to remedy any false statements made by the other party, either orally or in writing, prior to the date of each Agreement (unless such false statement has been made maliciously) and the only actions that the the other party may undertake will be for breach of the Agreement, as provided for in these Conditions.
RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to revise and change these Terms at any time. You will be subject to the General Conditions in force at the time of the order, unless a modification of the General Conditions or the Data Protection Policies must be made by law or at the request of a government authority (in which case it will apply also for orders already sent to us).
APPLICABLE LAW AND JURISDICTION
This contract will be governed by Italian law. In the event of a dispute, the Ordinary Judicial Authority of Prato will be exclusively competent.
PRICE AND PAYMENT
The price of the products will be that indicated from time to time on the website, except where there is an obvious error. Although HQ endeavors to do everything in its power to ensure that all prices appearing on the site are correct, errors may occur. If HQ finds errors in the price of the products ordered by the Customer, the latter will be informed as soon as possible and will be given the option of reconfirming the order at the right amount or canceling it. If HQ owner of the Lumina brand fails to contact the Customer, the order will be canceled and the full amount paid will be refunded.
HQ, owner of the Lumina brand, has no obligation to provide the Customer with the product (s) at the lower price incorrectly indicated (even if the Shipping Confirmation has already been sent) if the error in the price was obvious and unambiguous and therefore if it had been possible for the Customer to reasonably identify it as incorrect.
The prices of the website include VAT, but exclude shipping costs, which are to be added to the total amount to be paid. Prices are subject to change at any time; however (except where previously established) the possible changes will not affect orders for which we have already sent an Order Confirmation.
Once the items that the Customer intends to purchase have been selected, these items will be added to the cart and the next step will involve the completion of the order and payment. To this end, the Customer must follow the instructions for the purchase, entering or verifying the information requested in each step of the purchase process, requesting the issuance of the invoice, if desired. Furthermore, the Customer can change the order details at any time of the purchase process before payment.
The Customer can pay via Paypal by credit card or by Paypal account or by credit card on the Monetaweb Nexi platform.
To reduce the risk of unauthorized access, your card details will be encrypted.
The charge will take place when the order is confirmed.
VAT (VALUE ADDED TAX)
In accordance with the legislation in force, any purchase made through the website will be subject to Value Added Tax (VAT). The prices indicated on the site already include VAT.
Without prejudice to the provisions of the previous paragraph and except where extraordinary circumstances occur, HQ, owner of the Lumina brand undertakes to do everything in its power to send the order of the product (s) indicated in the relative Shipping Confirmation within the date indicated in this Shipping Confirmation or, if no delivery date is specified, within the estimated deadline at the time of selecting the delivery method and, in any case, within the maximum term of 30 days from the date of the Confirmation of the Order.
HQ, owner of the Lumina brand, also undertakes to process the order received by the Customer within two days of confirming the order. For orders received on Saturday and Sunday, HQ will process them the following Monday; Orders received during public holidays will be processed the next working day.
However, delays may occur for various reasons such as unforeseen circumstances or the delivery area.
If for any reason HQ, the owner of the Lumina brand is unable to comply with the delivery terms, it will take care to inform the Customer and to give him the options to continue the purchase by setting a new delivery date, or to cancel the order, with the consequent refund of the entire amount paid.
For the purposes referred to in these Conditions, the "delivery" will be deemed to have taken place or the order "delivered" through the acquisition, by the Customer or a third party indicated by the same, of the material availability or in any case of the control of the products, which will be proven by signing the receipt of the order at the agreed shipping address.
RETURNS / EXCHANGES POLICY
Right of withdrawal by law
If the Customer is contracting as a consumer, he will have the right to withdraw from the Contract within a period of 14 days.
Items must be in their original condition. Under no circumstances will returns with cut, broken, detached, removed or tampered tags be accepted. Items to be returned must not have been worn, ironed, washed or processed in any way.
The withdrawal period referred to in the previous paragraph ends after 14 days from the day on which the Customer or a third party, other than the carrier and the designated Customer, acquires physical possession of the goods. To exercise the right of withdrawal, the Customer is required to inform HQ owner of the Lumina brand, by writing to by sending an e-mail to [email protected] or by filling out the electronic form on this page https: // luminafashion. com / product-return-form /; in the communication described, the following data must necessarily be provided: number and date of the order placed; in case of partial withdrawal, description and quantity of the products to be returned.
The customer is responsible for the return shipping costs and has the freedom to choose the shipping service deemed most suitable for returning the item.
To meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If the Customer withdraws from the Contract, he will be reimbursed for all payments made in favor of HQ owner of the Lumina brand, without undue delay and in any case no later than 14 days from the day on which HQ will have been informed of the decision to withdraw from the Contract.
These refunds will be made using the same payment method used by the Customer for the initial transaction. In any case, the Customer will not have to incur any costs as a consequence of this reimbursement. Notwithstanding the foregoing, the reimbursement may be suspended until receipt of the goods or until the Customer demonstrates that he has returned the goods, whichever is earlier.
HQ owner of the Lumina brand will follow up the return request with an email containing a return number that the customer must print and insert inside the returned package. The customer, upon receipt of the email, will have 7 days to return the goods authorized for return. The shipment of the returned products is carried out by DHL courier, which will be sent directly by the HQ to customers with an address in ITALY.
Once the products subject to withdrawal have been received, after verifying the specified integrity conditions, LUMINA By HQ srl will promptly proceed with the refund, which will be made as soon as possible and in any case within 14 days from the date on which it made known the intention to withdraw from the Contract. Notwithstanding the foregoing, the reimbursement may be suspended until receipt of the goods or until the Customer demonstrates that he has returned the goods.
The refund will always be made through the payment method used to make the purchase and will include the return of the price paid for the goods, excluding the return the cost of the goods.
Return of defective or non-compliant products
In the event that you believe that at the time of delivery the product does not comply with the provisions of the Contract, you must immediately contact us at the following email [email protected] indicating the product data as well as the damage suffered, and we will report the procedure to be carried out to follow. To allow us to check the item, you must return it to the address LUMINA By HQ srl - Via Friuli Venezia Giulia, 17 - 59100 Prato, Italy.
We will proceed to carefully examine the returned product and will notify you within a reasonable time of the outcome of the checks carried out on the good. In the event of a lack of conformity of the goods, we will offer you the replacement of the product or a refund (depending on the case), unless otherwise requested by you, provided that it is objectively possible and / or not excessively burdensome for us under the applicable legislation.
The refund of the sums or the replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we have confirmed that we will proceed with the refund or replacement of the unsuitable item, at no cost to you. The amount paid for the products that will be returned due to damage or defect, if they really exist, will be refunded in full, including the delivery costs incurred for sending the item and for returning it by you. The refund will be made using the payment method used to make the purchase, unless otherwise agreed. All rights recognized to consumers by current legislation remain unaffected.
Right of withdrawal and return of orders placed from abroad
If you have placed an order outside Italy, from another member state of the European Union, through this website, the provisions relating to the right of withdrawal are all applicable, but the return shipment will be charged to the customer.We also inform you that in no case or circumstance we are required to bear the shipping or return costs for sending products to or from destinations other than the original address in Italy.