TERMS OF USE AND RETURN POLICY

Welcome to Lumafi. Lumafi is a trademark and service of Lumafi, LLC and its affiliates as well as third-parties associated with Lumafi, LLC. (“Lumafi” or “us” as applicable). Please read these terms of use (the “Terms”) carefully because they govern and apply to all persons who access or use (the “User,” “Users,” or “You” as applicable) this website or any of the services Lumafi offers (the “Website” or the “Services”).

These Terms are a contract between the Users and Lumafi. These Terms apply to your use of the all Lumafi Services unless otherwise indicated. By accessing or using the Services, you acknowledge that you have read these Terms, understand them, and agree to be bound by the statements described in this agreement, including Lumafi’s Privacy Policy. If you do not agree to all of these Terms and Conditions, please do not use our Services.

 

CHANGES TO THIS AGREEMENT

We reserve the right, in our sole discretion, to revise this Agreement at any time.

Any changes to these terms will be included in a revised version of this Agreement accessible through the Service. We may provide notice of significant changes to these Terms as required by law.

Your use of the Service following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the Service if you do not agree to be bound by the revised Agreement.

The Effective Date of this Agreement is June 1, 2017

 

RULES AND CONDUCT

We reserve the right to enforce rules to encourage a positive atmosphere in our community. The following rules of conduct apply to all Services.

  • You must be 18 years or older to use the Service or have parental consent.
  • You may not post pornographic materials. This includes nude, partially nude, or sexually suggestive photos.
  • You are responsible for any activity that occurs under your registered screen name.
  • You may not impersonate another person or represent yourself as affiliated with Lumafi.
  • You are responsible for keeping your password secure.
  • You must not abuse, harass, threaten, impersonate, or intimidate other Service users or use the Service to harass others.
  • You may not use URLs in your screen name or posts without prior written consent from
  • You may not use the Service for any illegal or unauthorized purpose.
  • You may not register for an account on the Service or use the service if you are 13 years old or younger. In compliance with COPPA, if you find someone 13 years old or younger using the service without parental consent, please contact us.

This list contains examples and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Service or to review or edit any information posted to Lumafi, by users. However, we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service.

 

GENERAL TERMS

  • You may not access or try to access non-public areas of the Service, our computer systems, or the technical delivery systems employed by our Service.
  • You may not use any robot, spider, site search/retrieval application or other automated device, process or means to scrape any portion of the site or any content from Lumafi including but not limited to posted items, user profiles, photos, or customer information.
  • You may not create or submit unwanted email or comments to any Lumafi users or customers.
  • You may not gather and use user information for any purpose outside of these Terms, including but not limited to Spam or any other form of unwanted solicitation.
  • You may not transmit any worms or viruses or any code of a destructive nature.
  • You may not use the Service to violate any laws in your jurisdiction.
  • While Lumafi prohibits certain conduct and content on its site, you understand and agree that Lumafi cannot be responsible for the content posted on its Services so you nonetheless may be exposed to such materials and that you use the Service at your own risk.
  • The Service may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites, or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
  • Violation of this agreement can result in the termination of your Lumafi account which includes but is not limited to cancellation of any orders without refund.
  • You also agree to indemnify, defend, and hold Lumafi harmless as described further in the section labeled “Indemnification”.

GENERAL CONDITIONS

  • We reserve the right to refuse Service to anyone for any reason at any time.
  • We reserve the right to force forfeiture of any username that becomes inactive, violates this Agreement, defames, or may mislead other users.
  • We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
  • In the event of any inaccuracy or typographical error relating to an item’s description, price, offer, photograph, or availability, Lumafi reserves the right to update, change, or cancel the order.

 

RETURN AND CANCELLATION POLICY

Lumafi is dedicated to producing the best and brightest products for our customers, but we also understand that problems may come up from time to time.

Lumafi hats contain complicated technology. As a result, some items that you can order are already-created in stock (a “Standard Order”), but some items may be created only after a user places an order (a “Reservation”). Standard Orders and Reservations (collectively, “Orders”) can both be made through the Service.

By purchasing an item, you agree to our Service’s return policies, and represent that you have read the full description before purchasing. For purchases made through Third-party Distributors, additional terms apply to those Orders which are described in the “Third-Party Distributor Terms” section below.

If you have any additional questions about an item or its status, please contact us through our Website or directly to info@lumafi.com before purchasing.

 

Returns of Orders Due to Manufacturing Defects

Lumafi products are composed of wearable technology that is durable but not indestructible. All electronic components that have manufacturing defects may be returned within 30 days of the original shipping date (the “Manufacturing Defect Return Program”).

To make a return under the Manufacturing Defect Return Program, you must contact customer service requesting a return under this program and obtain written authorization before returning the product. Any unauthorized returns may be rejected with you being responsible for all shipping costs.

At our sole discretion, we may (a) replace returned items with a refurbished or like model of the one returned, or (b) repair your product with new or refurbished parts.

The Manufacturing Defect Return Program covers only manufacturing defects and does not cover wear and tear, water damage, alteration, tampering, mishandling, neglect, unauthorized repair, loss or theft of your purchase. To clarify “wear and tear” includes but is not limited to: daily use and wear of the hat, leaving the hat illuminated (on) or charging for extreme periods of time inconsistent with normal use, or use of the product in any other manner in which it was not intended. To clarify, “Tampering” includes but is not limited to: any modification to the hats electronic components, removal of any kind to the hats electronic components, accelerated charging patterns, or deconstruction of any kind to the product.

The Manufacturing Defect Return Program only applies to the original purchaser of the item and is nontransferable.

 

Returns or Cancellation for Orders Generally

We want to ensure that you’re happy with your items, so we recognize that there are some situations where you may want to return an item even if it does not have a manufacturing defect in the electronics. Here are our policies that govern Order returns and cancellations generally.

Eligible items: Items marked “Final Sale” or similarly marked items are not eligible for return, only cancellation before shipment.

Incorrectly-described items: We work hard to provide exceptional product information but human errors do occur. Returns or cancellation of incorrectly-described eligible items will be handled on a case-by-case basis pending our approval. We will make every effort to correct an order by refunding you in full, refunding all costs (minus any transaction fees), or adjusting the sales price to reflect the severity of the error.

Items you did not order: In the unlikely instance that we send you an item you did not order, we will issue you a full refund and provide a code for the item that you did order so you can get the correct item as quickly as possible.

Returns for other reasons not discussed above:

To request a return or adjustment of the selling price (i.e. partial refund to keep the item) you must contact Lumafi at info@lumafi.com within 3 days after receipt of your package. Requests for returns after 3 days will not be accepted.

 

Cancellations for other reasons not discussed above: To request a cancellation for any other reason, you must contact Lumafi at info@lumafi.com before your item ships after your purchase is submitted. Cancellations outside of that window will not be honored.

 

General return requirements:

  1. You agree to provide Lumafi with photographs of the item(s) requested for return if we should request them.
  2. Any returned item must be in reasonable condition: for example, free of visual defects and odor. We will inspect returns and we reserve the right to reject any item request based on the returned condition.
  3. Returns must be postmarked within 7 days after your return has been approved by Lumafi. In its discretion, Lumafi may conclude that a return is not necessary.
  4. If Lumafi approves your return and accepts the returned product, you will be issued, at the discretion of Lumafi, one of the following: a refund, an agreed upon partial refund, or coupon code to re-order the item that cannot be transferred to another person or account.
  5. Domestic return shipping polices: To return an item, you must pack the item in the same or better packaging than how it was sent. Lumafi is not responsible for any lost, damaged, or stolen items during the return shipping. For unapproved returns, the buyer will be responsible for shipping costs both coming and going.
  6. International return shipping polices: To return an item, you must pack the item in the same or better packaging than how it was sent. For unapproved returns buyer will be responsible for shipping costs both coming and going. Lumafi is not responsible for any lost, damaged, or stolen items during the return shipping.

 

Additional Terms and Conditions for Reservations:

Because Reservations are custom orders made specifically for the person making the purchase and may not have any resale value if returned or cancelled, it’s important that we clarify some of the extra requirements and limitations on returns and cancellations for Reservations. If any conflict between the terms related to Orders generally, and the terms in this section related to Reservations, then these Reservation-related terms will prevail.

 

  1. Although it is unlikely your Reservation will be cancelled, we do reserve the right to cancel Reservations. This may happen due to shortages of raw materials, importation issues or other factors that may make creating your item more difficult than expected. If Lumafi cancels your Reservation, you will be refunded in full.
  2. We will strive to keep you reasonably up to date with the status of your Reservation when you request it.
  3. Reservations are not guaranteed to be created or shipped on any particular date or time. For example, one Reservation item may take three weeks to ship while another may take five months to ship even though both may seem like similar items. We will keep you up to date with any issues that may result in significant delays when requested.
  4. We realize that sometimes you will have to cancel a Reservation. Reservations cancelled before shipment will be provided a full refund. Reservations cancelled after shipment will be subject to the same policy as Standard Orders.

 

SHIPPING POLICY

Standard Orders are processed and shipped within 5 business days after receiving payment, excluding holidays. Please review the website carefully for potential notices regarding shipping times.

Items will be shipped through a third-party carrier. Lumafi is not responsible for any delays, loss, damage or theft while your purchase is in possession of the carrier or outside of the United States. We ship orders to the address you provide at checkout. If upgraded shipping is provided as an option, any additional cost for upgraded shipping is the buyer’s responsibility. If free shipping is advertised, then oversized and/or heavy shipments may still be subject to additional charges.

Please note that Lumafi’s items may contain Lithium ion batteries which are subject to a variety of shipping restrictions from the major carriers. Lumafi is not responsible for any delays, loss, or damage from inspection, customs issues, or return of the item due to shipping regulations.

 

DISCLAIMER OF WARRANTIES

Lumafi items are provided “as is” without warranties of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, USES THAT MAY INTERFERE WITH THE PROPERTY RIGHTS OF OTHERS, GENERAL ITEM MODIFICATION, MODIFYING ITEM IN ANY WAY THAT IS INHERENTLY DANGEROUS, USING ITEM FOR OTHER THAN ITS INTENDED PURPOSE, USING ITEM IN ANY MANNER THAT DEVIATES FROM THE PRODUCT INSTRUCTIONS, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES APPLY TO THE FURTHEST EXTENT ALLOWABLE BY THE LAW OF THE JURISDICTION. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Service are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any items for Order does not imply or warrant that these items will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from Lumafi. By placing an order, you represent that the products ordered will be used only in a lawful manner.

 

DISCLOSURES ABOUT THE PRODUCTS

Tampering with the products electronic components may result in fire or injury.

The Lumafi light up hat is not waterproof.

The products have optimal and maximum operating temperatures and storing or using the products outside of those temperatures may lead to failure.

 

Operating Conditions

Operating Temperature: between 32º & 95º F

Humidity: 5% to 95% noncondensing

Storing Temperature: between -4º & 113º F

Maximum Altitude: 10.000 FT

 

INTEGRATION WITH THIRD-PARTY SERVICES

Lumafi is integrated with third parties, which may include but is not limited to plugin providers like Woocommerce and payment processors like Stripe. If you are using Lumafi combined, integrated, or used with third-party products, software applications, or websites (“Third Party Services”), you agree that: (i) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of their Third Party Services; (ii) the functionality of Lumafi or the Service may be diminished when operating through a Third Party Service; (iii) Lumafi cannot guarantee that the Service shall always be available on or in connection with such Third Party Services.

 

THIRD-PARTY DISTRIBUTOR TERMS

All Lumafi Terms apply to purchases made via authorized distributors of Lumafi’s products, including but not limited to Amazon.com (“Third-party Distributors”). You agree that when you purchase an item from Third-party Distributors, you are purchasing the item from Lumafi. If purchasing items from a Third-party Distributor, you may be subject to that Third-party Distributor’s own terms in addition to these Terms.

 

OWNERSHIP

By using our Website, Users acknowledge that our Website contains photographs, descriptions, information, data, typefaces, graphics, and other materials that are protected by copyright and trademark law, including all associated intellectual property rights. Users may not, in whole or in part: copy, modify, delete, add to, remove, publish, transmit, augment, transfer, create derivative works, sell, or participate in the sale or transfer of, or in any other way exploit any of the content featured on our Website. Any content featured on our Website may not be used under any circumstances without prior written consent from Lumafi.

 

TERMINATION

Lumafi may terminate, change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) or your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service and related content. Users may also terminate this agreement at any time. However, any obligations and liabilities made prior to termination of this agreement shall be strictly enforced.

 

THIRD-PARTY LINKS

We are not responsible for any off-site pages or any other website linked to or from our Website. Links appearing on our Website is for convenience only. Your linking to or from any off-site pages is at your own risk. We do not warrant the offerings of off-site pages or any other sites linked to or from our Website, nor do we assume any liability for the actions, content, products or services of such pages and websites, including, without limitation, their Privacy Policy and Terms of Use. Please review the Privacy Policy and Terms of Use of all off-site pages and websites you visit.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold Lumafi harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees related to Lumafi’s defense or the enforcement of this indemnification obligation, arising from or related to your use of the Services or your breach of any representation, warranty, or other provision of the Terms.

 

ARBITRATION

For any dispute you have with Lumafi, you agree to first contact Lumafi and attempt to resolve the dispute with us informally. In the unlikely event that Lumafi has not been able to resolve a dispute within 30 days, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) in connection with the Services including breach or alleged breach of these Terms, (collectively, “Claims”),  by binding arbitration.

Unless you and Lumafi decide otherwise, arbitration will be conducted in San Diego, California. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service.

TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LUMAFI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

GOVERNING LAW

These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms shall remain in effect. Moreover, if any provision contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

QUESTIONS AND CONTACT INFORMATION

Please contact us if you have any questions about our Terms at:

info@lumafi.com

 

PRIVACY POLICY

We know that you value your privacy. Your privacy is important to us, too. This is why we’ve developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.

Each time you use the Service, the current version of this policy will apply. Policy changes will be reflected on this page. Since users are required to accept all changes to this policy in our Terms, we encourage you to regularly check the date of this policy and review any changes made since the last time you used the site.

We use the data we collect from users in a variety of ways

Although we may use user information in any way not specifically limited by the Terms and this privacy policy, it is useful to understand how we typically use the information we collect from users.

  • To improve the Service
  • To personalize your experience
  • To process transactions
  • To facilitate contests and surveys
  • To provide to brand ambassadors

We may also disclose and transfer your personal information any successors-in-interest in the event that Lumafi is acquired by, sold to, merged with, or transferred to a third party. Some or all of your personal information provided to Lumafi could be amongst the assets transferred.

Users submit certain information automatically simply by viewing the Service

Our servers automatically record certain information about how a person uses our Service (we refer to this information as “Log Data. Log Data may include information such as a user’s Internet Protocol (IP) address, user agent, browser type, operating system, the web page that a user was visiting before accessing our Service, the pages or features of our Service to which a user browsed and the time spent on those pages or features, search terms, the links on our Service that a user clicked on, and other statistics.

We use Log Data for many reasons, including but not limited to, administering the Service, and analyzing (by ourselves or through third parties) Log Data to improve, customize, and enhance our Service by expanding their features and functionality and tailoring them to our users’ needs and preferences. We may use a person’s Log Data and other information to generate aggregate, non-identifying information about how our Service are used and use such aggregated information to understand and improve our Service and to administer use of the Service.

This Service collects information that users voluntarily provide through its registration forms, surveys, and contest entry forms

During use of the Service, for example creating an account, we’ll collect certain information that can be used to identify or recognize you. Our Service contains forms that require a user to give us valid and accurate contact information (like your name, email, and postal address).

Contact information from the registration form is used for a variety of reasons, including but not limited to, shipping purchases and sending information to users about our company. We use the information you submit to fulfill your requests, provide site functionality, improve site quality, personalize your experience, display relevant advertising, provide customer support, message you, back up our systems, allow for disaster recovery, and comply with legal obligations.

A user’s contact information from surveys and contests is also used to get in touch with the user when necessary. Demographic and profile data is used to tailor our user’s experience on our website, by showing them content that we think they might be interested in, and displaying the content according to their preferences.

Information sent by your mobile device.

We collect certain information that your mobile device sends when you use our Service, like a device identifier, user settings, and the operating system of your device, as well as information about your use of our Service while using the mobile device. We may use this information to provide the Service and to improve and personalize our Service for you.

Location information

We may collect and store information about your location when you use our Service and take actions that use the location services made available through your device’s mobile operating system. We may also use location information to improve and personalize our Service for you.

External sites that this Service links to are not subject to this policy

This Service contains links to other sites. Lumafi is not responsible for the privacy practices or the content of such websites.

Limitations on data retention and account termination

We may keep your data as long as is permitted or required under the law. If you terminate your account, we can remove your public content from the site, but may retain your data in our system to satisfy any of the authorized uses under this privacy policy.

For example, we may use retained data to prevent, investigate, or identify possible wrongdoing in connection with the site or to comply with legal obligations. Please note that information may exist in backup storage even after it has been removed from our active databases.

We do not collect personal information from children

This website complies with the Children’s Online Privacy Protection Act of 1998 (“COPPA”) and is not intended for children under 18 years of age. This website does not knowingly or intentionally collect any personally identifiable information from or market to individuals under the age of 18.

If you become aware that a child has provided us with personal information without parental consent, please contact us here. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child’s account.

The security of your information

We take some administrative, physical, and electronic measures designed to protect the information that we collect from or about you from accidental or unlawful destruction, accidental loss or unauthorized access, use, modification, interference, or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

Your choices

We offer you choices regarding the collection, use, and sharing of your information and we’ll respect the choices you make. Please note that if you decide not to provide us with the information that we request, you may not be able to access some or all of the features of the Service.

Rescinding Your Consent.

You have the right to refuse further collection, use, and/or disclosure of your information by notifying us. If you have consented to your access to and use of the Service but wish to rescind such consent, please contact us at [privacy email address] to submit the request. We will promptly discontinue your access to and use of the Service and ensure that your information is no longer publicly accessible through the Service. Please note, however, that if you refuse further collection, use, and/or disclosure of your information, you may not be able to access and use all or a portion of the Service.

 

Opt-Out .

For residents of member states of the European Union, if you elect to subscribe to our mailing list during account registration, we will periodically send you free newsletters and e-mails that directly promote our Service. For all other users, if you do not opt out of subscription to our mailing list during account registration, we will periodically send you free newsletters and e-mails that directly promote our Service. When you receive such promotional communications from us, you will have the opportunity to opt out (either through your account or by following the unsubscribe instructions provided in the e-mail you receive). We will need to send you certain communications regarding the Service and you will not be able to opt out of those communications (e.g., communications regarding updates to this Privacy Policy).

Notice to California Users

Under Cal. Civ. Code § 1798.80, a user residing in the State of California has the right to request from us a list of all third parties to which we have disclosed personal information during the preceding year for direct marketing purposes. For questions about this policy, please contact us at info@lumafi.com

QUESTIONS

Please contact us at info@lumafi.com if you have any questions about our Terms.

The Effective Date of this Privacy Policy is June 1st, 2017