Terms & Conditions

 

1 GENERAL

Lumene.com is an online store maintained by Lumene North America LLC, 530 Seventh Avenue, Fl M1, New York, NY 10018 (“Lumene” or “us”).

These Terms & Conditions apply to United States customers’ (“Customer” or “you”) access to and use of the Lumene.com website (the “Site”), including all Materials, products, and services available on or provided through the website such as the Lumene online store and Lumene Loyalty Program (collectively, the “Services”), and to all orders placed through the Services.

You must accept these Terms & Conditions in order to create an account, join the Lumene Loyalty Program or place an order through the Services. By accepting these Terms & Conditions, you agree to be bound by them in their entirety.

Agreement to Binding Arbitration. By accessing and using the Services you irrevocably agree that all disputes between you and Lumene that in any way relate to these Terms or your use of the Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU EXPRESSLY WAIVE ANY AND ALL RIGHTS TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Lumene. All claims must be brought within 1 year.

Orders are subject to the Terms & Conditions in force at the time of the order available at Lumene.com. Lumene reserves the right to update the Terms & Conditions without prior notice. You should check these Terms & Conditions periodically for modifications. The provisions stated here supersede all previous notices or statements regarding our Terms & Conditions with respect to this Site. We include the effective date of our Terms & Conditions at the top of the statement. If we make material changes to the Terms & Conditions we will post the revised Terms & Conditions and the revised effective date on this Site. We may, but are not obligated to, inform the Customer of the update by email or when the Customer logs in to their account at Lumene.com (registered customers) and/or the next time the Customer purchases products through the Services. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. By using the Site following any modifications to the Terms, you agree to be bound by such modifications.

Lumene may at its sole discretion terminate, modify, limit or suspend the Lumene Loyalty Program at any time due to changes to applicable laws or changes in services (including new services) provided by Lumene. Unless the change is needed to reflect changes in applicable laws and regulations, any such change will take effect after 30 days from the date on which you have been informed of such change either through your account page, on Lumene.com, via email or via a combination thereof. If you do not accept the changes, you have the right to cancel your membership.

For information on how we process the personal data that our Site visitors and online store users, such as you, share with us or which we collect automatically when you use our Site or online store, please read our Privacy & Cookie Policy.

If you have any questions or complaints, please contact us through the contact form or by email to consumercare@lumene.com or call our call center: 1-866-253-8916.

2 ORDERING FROM LUMENE.COM

The agreement between Lumene and the Customer is deemed concluded when Lumene has confirmed the Customer’s order placed through the Services, and the Customer has received an order confirmation from Lumene by email. The Customer has the right to cancel the order until it has received the order confirmation, in which case Lumene shall return all payments made by the Customer through its payment method used in connection with the order.

Accounts. Placing an order through the Services does not require registration. If you choose to register an account, you agree to use and access your account solely for lawful purposes consistent with the service(s) offered through the account. When you create an account, you must provide us with certain information about you and create a password. You agree to provide us with accurate and complete information requested in the registration process, and to inform us of any updates to such information on an ongoing basis to keep it accurate and complete. You agree that you will not impersonate any other person, set up multiple accounts, or use your account in any way that circumvents limits on offers, discounts, promotions, or coupons, and that we may terminate any account we believe has engaged in such activities. You agree to keep your password confidential and not share it with anybody else. Any purchase made using your account username and password will be considered to be authorized by you. We reserve the right to suspend or terminate your account at any time, with or without notice to you. You may terminate your account at any time by contacting us via email at consumercare@lumene.com.

Customers under 18 years old are not permitted to place orders through the Services or join the Lumene Loyalty Program.

Lumene may reject the Customer’s order, cancel the agreement or change the terms thereof, if the Customer has provided an incorrect identity number or other erroneous information.

The product’s price is the price indicated in the Services at the time of order in the currency applicable to your location. Delivery costs determined by the chosen delivery method will be added to the product’s price at the checkout. For International orders, please note that the price does not include any sales tax, duty or tax fees that you may incur in your country. You may be required to pay duty, VAT, or customs charges on your purchase. These charges, where applicable, will be indicated at checkout.

The estimated delivery time is indicated in the order confirmation, at the checkout and/or on the respective site of the product in the Services.

In the event a product is temporarily out of stock or it cannot be replaced by another product then Lumene will refund the product’s price to the Customer automatically.

Product Information and Pricing Changes and/or Errors May Occur. While we endeavor to provide accurate product and pricing information, you should know that product information accessed through the Services may contain typographical or other errors and may not be complete. You should always read carefully the labels, warnings, and directions before using or consuming a product and contact us directly with any questions. In addition, even though we make an effort to describe and display our products and services accurately on the Site, a number of products on the Site may be mispriced, described inaccurately, or unavailable and we may experience delay in updating information on the Site and in our advertising on the Site.

Lumene is not liable to compensate the Customer or to fulfill its delivery obligation if the products are no longer available or in case of errors in the Services (e.g. errors in product descriptions), erroneous prices or information regarding the stock situation.

Lumene is entitled to correct any such errors and to change or update any information in the Services at any time. Lumene has the right to cancel an order in case the price indicated at the online store clearly differs from the market price due to a pricing error.

3 DELIVERY OPTIONS

Orders may be shipped to the contiguous 48 States, Alaska and Hawaii. Shipping and handling charges are based on the order total and your selected delivery option. Shipping and handling charges are subject to change without notice. Estimated shipping and handling charges will be displayed at checkout. Estimated delivery times will be shown at checkout. Expedited shipping is not available for shipments to Alaska or Hawaii.

Damaged shipments. In case the package has been damaged during the transportation by the transport company, please report the damage immediately at the point of collection.

In order to process claims, Lumene requires that the customer who received the delivery return all damaged products at our direction, and we may make the arrangements for the delivery company to pick up the damaged items; however, we require that you fill out any required forms that the delivery company provides in order to complete your refund.

Please understand that if you do not return the damaged products, then Lumene cannot provide you with the refund. Customers need to file a claim for damaged goods within 10 days of receipt of order.

You may initiate a claim by emailing us at consumercare@lumene.com and including the following information:

– Order Number

– Tracking Number

 – Description of damage

 – Your name

 – Your full mailing address

 – Your phone numbers (office, home, mobile)

 – Your email.

Please see our Returns and Refunds policies below.

4 PAYMENT OPTIONS

We accept all major credit and debit cards for payment of your order.

Payment by cash on delivery is not an available option.

5 CANCELLATION AND RETURNS

You may cancel your order at any time before the product is shipped. Your payment method will be charged when the product is shipped, and the order cannot be canceled at that point. Please see our Returns and Refund policy below for additional information.

6 RETURN/ REFUND POLICY

You may return certain unopened and unused products within 30 days of your receipt of the product for a refund of your purchase price excluding shipping and handling charges. For products damaged during shipment you may return the damaged product within 30 days of your receipt of the product; we will not replace products damaged during shipment but will refund your purchase price excluding shipping and handling charges. Please see exclusions below.

You are responsible for the cost of shipping the returned item to us. Please contact our customer service to facilitate a return via the contact form. Customer Service will provide return instructions as well as a product return form. The purchase price will be refunded to the payment method used when you made your purchase. Refunds will be processed within 30 days after we receive the returned product.

The following products cannot be returned:

  • Products where the factory seal has been broken
  • Used products
  • Items purchased from other retailers or resellers and not directly from Lumene.com are not eligible for return or refund.

7 PRODUCT DEFECTS

In case the product received by you is broken or defective, please contact us without delay. Please read our Disclaimer of Warranties below. Your only remedy is to return the defective product to us for a refund of the purchase price.

8 PROMOTIONAL DISCOUNTS AND SPECIAL OFFERS

All promotional discounts and special offers at Lumene.com, including rewards and benefits offered under the Lumene Loyalty Program, are subject to special terms and conditions available from time to time at the campaign information page at Lumene.com.

All promotional discounts and special offers are valid for a limited time. Lumene reserves the right, at any time in its discretion, to cancel any promotional discount or special offer before its expiry.

Promotional discounts and special offers may be limited to specific products featured at Lumene.com. Eligible products are subject to change in Lumene’s sole discretion.

Promotional discounts may be redeemed only once, and only one promotional discount may be redeemed per order. Promotional discounts must be redeemed before the order is confirmed and cannot be applied to the purchase after Lumene has sent the order confirmation.

Promotional discounts are non-transferable, not for resale, and not redeemable for cash.

9 LUMENE LOYALTY PROGRAM

The Lumene Loyalty Program is offered at the sole discretion of Lumene. The Lumene Loyalty Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Lumene Loyalty Program. Individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years or older and who provide and maintain a valid email address are eligible to become members. Employees of Lumene are not eligible to participate in the Loyalty program. No purchase is necessary to join the Lumene Loyalty Program. The Lumene Loyalty Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason.

Membership in the Lumene Loyalty Program is free of charge and no purchase is necessary to become a member. By creating an account in the Services, you will automatically join the Loyalty Program and agree to receive email communications related to the Lumene Loyalty Program.

By joining the Lumene Loyalty Program, you will be able to earn points to qualify for different tiers, where you can receive benefits such as discounts, special offers, early access to sales and product launches and much more, as offered by Lumene from time to time. You will find more information about current offers at Lumene.com.

Earning Points

You will earn points

  • from all purchases made through the Services: 1 point per $1 spend
  • by recommending Lumene.com to a friend: By sharing a personal recommendation link with a friend, your friend will receive a $5 discount, and if they complete the purchase through the recommendation link, you will receive 100 points for the recommendation
  • by performing other point awarding activities as communicated from time to time by Lumene, such as submitting product reviews, following Lumene on social media or by adding your birthday to your account to receive a birthday reward

The points earned on a purchase of a product will be deducted from the points balance in your account if you decide to return the product.

All earned points will be valid for a period of twelve (12) months from the date when they were earned, after which they will expire.

All earned points are personal and cannot be transferred to another person or member.

Tiers

The Lumene Loyalty Program includes three tiers:

  • By joining the Lumene Loyalty Program, you will enter the first Luminous Start tier, and the points you earn count toward the second tier.
  • After minimum $150 spend, you will automatically qualify to the second Arctic Light tier with additional benefits, including an entry reward of 25 points. The points you earn on the second tier accrue with a 1.25x points multiplier and count toward the third tier.
  • After minimum $220 spend, you will automatically qualify to the third Nordic Glow tier with further additional benefits, including an entry reward of 50 points. The points you earn on the third tier accrue with a 1.5x points multiplier.

Once you have qualified to the second or third tier, the earned tier level will remain in effect for twelve (12) months from the date when you qualified to the tier or until the date when you qualify to the next tier, where applicable. If during the twelve (12) month period you do not accumulate sufficient points to maintain the earned tier level, you will return to the first tier.

Rewards

By earning points, you are entitled to rewards as may be updated by Lumene from time to time. By earning

  • 200 points, you will receive a $10 discount voucher (applicable to a purchase with a $30 minimum spend)
  • 300 points, you will receive a $15 discount voucher (applicable to a purchase with a $45 minimum spend)
  • 400 points, you will receive a $20 discount voucher (applicable to a purchase with a $60 minimum spend)
  • 500 points, you will receive a $25 discount voucher (applicable to a purchase with a $75 minimum spend)

Each discount voucher will be issued to your account after the point-limit has been reached. Discount vouchers can only be redeemed on Lumene.com. The discount vouchers are valid for a limited time and may be limited to specific products featured at Lumene.com. The discount vouchers may be redeemed only once, and only one discount voucher may be redeemed per order. The discount voucher must be redeemed before the order is confirmed and cannot be applied to the purchase after Lumene has sent the order confirmation. The discount vouchers are non-transferable, not for resale, and not redeemable for cash. The discount vouchers cannot be combined with other offers or discounts.

Other conditions

This Lumene Loyalty Program is a national program applicable in the U.S. and limited to purchases made online at us.lumene.com. You can only earn points by making purchases as a logged in member, or by performing other point awarding activities in the U.S. as communicated from time to time by Lumene. Affiliates of Lumene (e.g. Lumene Oy) may also have similar loyalty programs. Membership in the Lumene Loyalty Program does not confer any rights or benefits in the program of any other Lumene affiliate.

Neither accounts nor rewards may be shared or combined. Only the member paying for the products may accumulate benefits and rewards. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.

Benefits and rewards earned through the Lumene Loyalty Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Lumene Loyalty Program benefits. Purchase balances credited to your Lumene Loyalty Program account will be decreased or reversed, as applicable, if all or part of the purchase is returned or cancelled, or if the credit is obtained through fraudulent or other activity that violates these Terms & Conditions as determined by us in our sole discretion. We are not responsible for rewards lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Lumene Loyalty Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned under the Lumene Loyalty Program are the responsibility of the member.

We reserve the right to change the Lumene Loyalty Program benefits, how you unlock each tier and how we evaluate and reward your eligible purchases and/or other Lumene Loyalty Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Lumene Loyalty Program and/or for any given tier, the number or types of rewards or other benefits you may receive or earn in any given tier, in a given time period or for the duration of the Lumene Loyalty Program, and/or any combination thereof.

You may cancel your membership at any time by using the contact form or by email at hei@lumene.com. If you cancel your membership, any points which remain in your account will be forfeited.

Any violation of the Lumene Loyalty Program rules, proven or probable fraud, non-compliance with these Terms & Conditions, inactivity on the account, provision of incorrect data or any act detrimental to Lumene’s interests may lead to termination of and/or affect your ability to participate in the Lumene Loyalty Program. If your participation in the program is cancelled, all points that remain in your account will automatically expire.

10 FORCE MAJEURE

Lumene is not responsible for delays or damages caused by an event of force majeure, meaning an unforeseeable event or change in circumstances that is beyond Lumene’s reasonable control, such as delays caused by the actions of a logistics operator. Lumene will inform the Customer of the force majeure event without undue delay.

11 PROPRIETARY RIGHTS

Lumene retains all rights to the information and materials displayed in the Services. Copying materials (text, pictures, prices, information, data, music, sound, graphics, video, messages or other materials (“Content”) from the Services without permission is not allowed. The materials are intended only for the purposes of reviewing Lumene’s products and making a purchase decision. In particular, the information displayed or any images in the Services cannot be collected to be used in other (online) service or otherwise. Any commercial use of the Site or the Content is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Lumene. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Lumene License to Customer. The Site, including all of its contents, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal (non-commercial), non-exclusive, non-transferable license to access our Site and to use the information and services contained here. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.

Customer License to Lumene. If you post content (“User Content”) to the Site, you grant Lumene a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms or any law or regulation; and the content will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content. User Content comes from a variety of sources. We do not endorse, or support any views, opinions, recommendations, or advice that may be in User Content, nor do we vouch for its accuracy or its reliability, usefulness, safety or intellectual property rights of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.

Copyright Complaints 

We respect the intellectual property rights of others and prohibit users from uploading and posting materials that infringe another party’s intellectual property rights. If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:

Copyright Agent: copyright@lumene.com

It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that we determine are repeat infringers.

Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.

Links from and to the Site. The Services may include links to websites maintained by third parties. Lumene is not responsible for the contents of such websites.

Linking to pages other than the main page of the Services is allowed only on Lumene’s prior consent.

Customer Indemnity. You agree to defend, indemnify and hold Lumene, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms & Conditions or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

12 COMMUNITY RULES AND GUIDELINES

The Site may be used only for lawful purposes by individuals using Lumene’s authorized services. Lumene specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

  1. Posting any information which is incomplete, false, inaccurate or not your own or is obscene, sexually explicit, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, or that contains personal information (such as phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references); 
  1. Impersonating another person or misrepresenting your affiliation with any person or organization. 
  1. Posting material that is unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol; 
  1. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
  1. Posting material that reveals trade secrets, unless you own them or have the permission of the owner; 
  1. Posting material that is confidential, proprietary or that infringes on any other intellectual property, privacy or publicity right of another; 
  1. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws; 
  1. Attempting to interfere in any way with the Site’s or Lumene’s networks or network security, or attempting to use the Services to gain unauthorized access to any other computer system; 

Violations of system or network security may result in civil or criminal liability. Lumene will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: 

  1. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
  1. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; 
  1. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
  1. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. 

13 DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LUMENE DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. LUMENE MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE OR THE SERVICES.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. LUMENE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. LUMENE IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF LUMENE.

14 LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LUMENE, NOR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE/MISUSE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF LUMENE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF LUMENE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.

15 APPLICABLE LAW AND TIME TO BRING ACTIONS

You agree that the laws of the state of New York, excluding its conflicts-of-law rules, shall govern these Terms & Conditions. Please note that your use of the Site may be subject to other local, state, national, and international laws. Any claim by a US customer must be brought within one (1) year after the claim arose.

16 ARBITRATION AGREEMENT; JURY AND CLASS ACTION WAIVER

We will try to work in good faith to resolve any issue you have with the Services, including products and services ordered or purchased through the Services, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

You and Lumene agree that any dispute, claim or controversy arising out of or relating in any way to these Terms & Conditions or your use of the Services, including products and services ordered or purchased through the Services, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Lumene are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Lumene.

If you desire to assert a claim against Lumene, and you therefore elect to seek arbitration, you must first send to Lumene, by certified mail, a written notice of your claim ("Notice"). The Notice to Lumene should be addressed to: 530 Seventh Avenue, Fl M1, New York, NY 10018 ("Notice Address"). If Lumene desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Lumene, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Lumene and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Lumene may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Lumene, or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Lumene receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement. Unless Lumene and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Lumene’s last written settlement offer made before an arbitrator was selected (or if Lumene did not make a settlement offer before an arbitrator was selected), then Lumene will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND LUMENE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Lumene agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for New York, New York.

17 GENERAL INFORMATION

The Terms & Conditions constitute the entire agreement between you and Lumene and govern your use of the Site and the Services, superseding any prior agreements between you and Lumene. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.

You agree that no joint venture, partnership, employment, or agency relationship exists between Lumene and you as a result of these Terms & Conditions or your use of the Site.

Any claim or cause of action you may have with respect to Lumene or the Site or the Services must be commenced within one (1) year after the claim or cause of action arose. The failure of Lumene to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms & Conditions remain in full force and effect.

You may not assign the Terms or any of your rights or obligations under the Terms without Lumene’s express written consent.

The Terms insure to the benefit of Lumene’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

18 CONTACTING US

In all matters relating to orders from Lumene.com (including complaints), you can reach us by using the contact form or by email at consumercare@lumene.com. US customers can contact us with questions or concerns please write to us at Lumene LLC. 530 Seventh Avenue, Fl M1, New York, NY 10018, +358800 92220, LNAoffice@lumene.com