You will be charged at the time you place your pre-order. If Lumos is unable to commence shipping of the Product on or before the eighteen month anniversary of your pre-order for our product, Lumos shall process a refund to you. All pre-orders are handled by Stripe, our third party payment processing partner. When you place a pre-order, you are expressly agreeing to these Terms of Sale, as well as our Privacy Policy. Please remember, the pre-order price does not include duties, taxes and other governmental charges. You are solely responsible for those other charges.
By providing a payment card, you represent and warrant that you are authorized to use the payment card and that you authorize Stripe—our third party payment processor—to charge your payment card for the total amount of your order (including all applicable taxes and other charges). If the payment information you supply us is rejected or we cannot otherwise process your transaction, your order may be canceled, suspended, or delayed. It is your responsibility to resolve any payment problems Lumos encounters while processing your order. If you wish to alter, amend, or change your payment information, you can do so at any time by emailing us at info@lumoshelmet.co
All Products offered on Lumos’s site are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain products without prior notice. Prices for our products are subject to change at any time, but changes will not affect any order(s) you have already placed.All offers are subject to availability. Not valid on prior purchases, taxes or shipping and processing charges. Offers cannot be combined with any other sale, promotion, discount, code, coupon and/or offer. If for discount codes no expiry date is mentioned, the promotion will end 6 months after it has been published or provided.
Offers cannot be exchanged for cash in part or full. Returns of any portion of the purchase will require equal forfeiture of offer or amount equal to offer. Lumos has the right to end or modify any promotion at any time. Other restrictions may apply.
Prices for the products offered for sale in our online store do not include shipping costs. Our delivery charges and methods are as described on our website from time to time. Title for products purchased from our online store passes to the purchaser at the time of delivery by Lumos to the freight carrier, but Lumos and/or the freight carrier will be responsible for any product loss or damage that occurs when the product is in transit to you.
The Products available on the Store have been designed, marketed and sold for use by residents of the United States. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English. You are responsible for complying with all applicable laws and regulations of the country for which the product is destined. We are not liable or responsible if you break any such law.
If you want to return or exchange anything you bought from us, NO PROBLEM! You have 30 days from the date of shipping to make sure what you ordered from Lumos is right for you. If you aren’t 100% satisfied with your purchase, you can return your order for a refund, store credit, or exchange it for another colour. Your choice.
Any product you return needs to be in new condition and with the original tags or packaging and needs to be returned to us before the 30-day return window expires. You are fully responsible for return shipping and any damage that might occur on the way back. Pack it with care like we do. Lumos reserves the right, at our sole discretion, to determine whether a returned product is in new condition.
Lumos warrants all products sold by Lumos to be free of defects in material and workmanship for a period of one (1) year from the date of purchase unless otherwise specified on the product. If a product is found to be defective by Lumos, in its sole discretion, Lumos’s only responsibility will be to repair or replace the defective product. Lumos will not be responsible for any costs, losses or damages incurred because of the loss or use of any of its products, and Lumos specifically disclaims all claims for consequential and incidental damages.
This limited warranty is subject to several important restrictions:
You use our products is at your own discretion and risk. You will be solely responsible for (and Lumos disclaims) any and all loss, liability or damages resulting from your use of our products, including loss of life, personal injury, or the loss of or damage to computer, mobile device, and all other property. Lumos does not guarantee or promise any specific level of performance or battery life associated with the use of its products or any feature of them.
By placing an order for Lumos’s products, you agree and understand that Lumos may store, share, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. Lumos may also share such data with its subsidiaries and affiliates. Lumos will protect your information in accordance with our Privacy Policy. Lumos works with other companies that help it provide our products to you, such as freight carriers and credit card processing companies, and you hereby acknowledge that Lumos may have to share certain information with these companies for this purpose.
Nothing in these Terms & Conditions and in particular within this "Limitation of Liability" section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
Any dispute relating in any way to your use of the products or these Terms and Conditions, shall be submitted to confidential arbitration in Massachusetts, U.S.A., except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court having jurisdiction. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Massachusetts. Arbitration under these Terms and Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the sale or use of Lumos’s products or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever banned. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these Terms and Conditions shall imply any obligation to grant any similar, future or other waiver.
All matters relating to these Terms and Conditions and any dispute or claim arising under or relating to the products or these Terms, shall be governed by and construed in accordance with the internal laws of the state of Massachusetts, U.S.A. without giving effect to any choice of law provision of rule (whether of the state of New York or any other jurisdiction.)
You agree that Lumos is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of these Terms and Conditions are deemed to conflict with each other’s operation, Lumos shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under these Terms and Conditions as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms and Conditions or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under these Terms and Conditions to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms and Conditions to any other party at our discretion.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Lumos must be addressed to our agent for notice and sent via certified mail to: [Note to Lumos: Please insert address for correspondence]. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
To purchase products and services from us, you may be required to create a unique profile called an “Lumos Account”. Account registration may require you to submit certain personal information, as is further described in and governed by our Privacy Policy. You agree to submit accurate, up-to-date, complete, and truthful information when creating a Lumos Account. We have the final discretion in granting accounts and reserve the right to reject users without explanation. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of the username and password assigned to your Lumos Account.
When creating a Lumos Account, you will be asked to designate a preferred payment method. Lumos does not collect or retain payment card information. Instead, our payment processing partner— Stripe —handles payments on our behalf.
The use of the Lumos App is governed by the following end user license agreement. By downloading and using the App, you acknowledge that this end user license agreement is between you and Lumos, not Apple, and that Lumos, not Apple, is solely responsible for the App.
Certain features of the Lumos App or Site allow you to post, submit, publish, share, store, or manage (a) ideas, opinions, recommendations, data and information, including Information and (b) literary, artistic, musical, or other content, such as photos and videos (both “Content”). By posting or publishing Content, you represent and warrant to us that you have all necessary rights to distribute Content to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the Content. You further represent and warrant that none of the Content you post or publish contains financial, privileged, confidential, personally identifiable or personal information of any kind whatsoever. You hereby grant to Lumos and our authorized personnel a worldwide, royalty-free, fully-paid, non-exclusive, transferable (in connection with an assignment of the Agreement), sublicensable (as necessary to perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and otherwise exploit information and Content as we in our sole and absolute discretion deem appropriate to perform and to promote (subject to your account settings) the Lumos Service, App or Site and in accordance with these Terms of Service. This license ends when you disable the Content or your account, unless Content has been shared with others and they have not deleted it.
You further acknowledge and agree that we will own all right, title, and interest in and to any materials, content, or other works of authorship created by us or on our behalf and used in connection with the Lumos Service, App or Site. We acknowledge and agree that, as between you and Lumos, you will own all right, title, and interest in and to Content you provide.
Lumos Services may be made available or accessed in connection with third party services and content (including advertising) that Lumos does not control. You acknowledge that different terms of use or service, and different privacy policies may apply to your use of such third party services and content.
You are solely responsible for your use of the Services, App or Site, and for any use of Lumos Services, App or Site made using your account. You agree not to access, copy, or otherwise use Lumos Services, the App or the Site, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Lumos. Without limiting the generality of the foregoing:
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our App, Site, or Services may at our discretion be terminated or suspended.
If you order our products or services using our site, please see our terms of sale [http://www.lumoshelmet.co/terms.html] for additional details on payment terms and our warranty policy.
We do not guarantee that the App, Site or Services will always be available, work, or be accessible at any particular time. Only users who are eligible to use our App, Site or Services may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the App, Site or Services will work as advertised, or that it will give you the desired results.
You agree that you are responsible for all taxes and fees associated with your use of the App, Site and any Service. Although we may deduct nexus taxes or other taxes, you agree that if we do not, you will pay any associated taxes, levies, or fees.
Lumos is not responsible for your violation of any laws while using our App, Site and Services. Users must comply with all local, state, or federal laws regarding your use of our App, Site and Services. Our App, Site and Services are void where prohibited.
The design of the App, Site and Services, along with Lumos created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Lumos, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Lumos reserves all rights not expressly granted in and to the App, Site and Services. You agree to not engage in the use, copying, or distribution anything contained within the App, Site or Services unless we have given express written permission.
You agree to defend, indemnify and hold harmless Lumos, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your use of and access to the Lumos App, Site and/or Services;
your violation of any term of these Terms of Service;
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that any of your Content caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the Lumos App, Site, or Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
COPPA COMPLIANCE
Lumos and its App, Site and Services may only be used by persons 18 years and older. If you are under 18 please stop using our App, Site and Services, and do not submit any information to us.
CHOICE OF LAW
All matters relating to the App, Site or Services, and these Terms of Service and any dispute or claim arising under or relating to the App, Site, Services or these Terms of Service, shall be governed by and construed in accordance with the internal laws of the state of Massachusetts, U.S.A. without giving effect to any choice of law provision of rule (whether of the state of New York or any other jurisdiction.)
FORUM OF DISPUTE
Any dispute relating in any way to your use of the App, Site, or Services, shall be submitted to confidential arbitration in Massachusetts, U.S.A, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court having jurisdiction. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Massachusetts. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Lumos App, Site, or Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever banned. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these Terms of Service shall imply any obligation to grant any similar, future or other waiver.
FORCE MAJEURE
SEVERABILITY
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Lumos shall have the sole right to elect which provision remains in force.
NON-WAIVER
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
TERMINATION OF SERVICE
We may terminate or suspend your Lumos Account, or our App, Site, and/or Service without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate service, you may be entitled to a refund if applicable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
ASSIGNMENT
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
AMENDMENTS
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified, make an announcement on our homepage or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our App, Site and Services.
ELECTRONIC COMMUNICATIONS
The communications between you and Lumos use electronic means, whether you use our App, or visit the Site, or send Lumos e-mails, social media, or other messages, or whether Lumos posts notices on the App, Site, or Service or communications with you via e-mail, or social media. For contractual purposes, you (1) consent to receive communications from Lumos in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Lumos provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
CALIFORNIA USERS AND RESIDENTS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Lumos must be addressed to our agent for notice and sent via certified mail to: 1 Financial Center Fl 40, Boston, MA 02111. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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