TERMS OF SALE AGREEMENT
Lumenplay® provides the Products described and ordered on its e-commerce website (www.lumenplay.com) to the person ordering them (“You”) based solely on the (“Terms of Sale”) Agreement set forth here within. Any sale of such Products is on the condition that you accept and comply with these Terms of Sale. By placing an order on the Lumenplay® e-commerce website, it certifies that you (A) accept these Terms of Sale and that you are legally bound by them and (B) you represent and warrant that: 1) you are 18 years of age or older or otherwise of legal age to enter into a binding agreement and 2) if you are purchasing as a corporation, governmental organization or any other legal entity, you have the right, power and authority on its behalf to enter into this agreement and hold it bound to these Terms of Sale.
APPLICABILITY
These Terms of Sale govern the sale of goods (the “Product” or “Products”) from the Lumenplay® e-commerce website. These Terms of Sale are an agreement with respect to Products only, and there is no agreement or any other obligation by Lumenplay® for the delivery of services, such as app updates related to the Products. The Products are identified as goods for sale and are sold to you directly through the Lumenplay® e-commerce website and these Terms of Sale also extend to the goods sold by Lumenplay® directly to you other than on the e-commerce website. In either case, you agree that the Products are for your own personal end-use and not for commercial distribution or resale.
DELIVERY
The Products will be delivered as indicated in the email confirmation, subject to any exceptions to the following: Lumenplay® is responsible for delivering the Products to the shipper designated in the email confirmation or any such shipper as is reasonably designated by Lumenplay®, and the shipper will be responsible for shipment to you as specified in the email confirmation. Lumenplay® shall not be liable for any delays, loss or damage in transit, nor for the risk of loss due to incorrect identification of delivery location by you. The Products will be delivered within a reasonable timeframe after receipt of the order, subject to availability of finished Products, except in the case where a factor beyond Lumenplay®’s reasonable control prevents or delays a timely delivery. In the event that timely delivery is prevented or delayed, Lumenplay® will deliver the Products as soon as reasonably possible. Title and risk of loss passes to you on delivery of the Products to the shipper. You will be responsible for paying for your own shipping costs for returning your Lumenplay® Product. Shipping costs are non-refundable.
NON-DELIVERY
Lumenplay® shall not be liable for any non-delivery of Products even if caused by Lumenplay®’s negligence unless you give written notice to Lumenplay® of the non-delivery within 30 days of the date when the Products would, in the ordinary course of events, have been received.
AMENDMENT AND MODIFICATION
The latest version of these Terms will be posted on this Site, and you should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
30-DAY RETURN POLICY
(a) We want you to be a happy member of the Lumenplay® family. If you are not satisfied with your Lumenplay® Products purchased directly from the Lumenplay® e-commerce website, you can request a return for Products purchased by writing to us at returns@lumenplay.com and providing your reason for return, along with proof of purchase, within a 30-day period, following the date of shipment by Lumenplay®. If the Products are returned in original condition and in the original packaging in accordance with this policy, and if you agree to pay the return shipping fee, we will exchange it or offer a refund equivalent to the purchase price paid. The refund will be made by crediting the account used to make the original purchase. If the Products are returned in the original packaging but the Products or packaging is slightly used or damaged, and you agree to pay the return shipping fee, you will be charged a 15% restocking fee. The refund, minus the 15% restocking fee, will be made by crediting the account used to make the original purchase. Each return must be approved in advance by writing to returns@lumenplay.com with proof of purchase and must be accompanied by a Return Authorization Form, which may be obtained by download here or by contacting returns@lumenplay.com
(b) All returned Products must be received in the original and unmarked packaging, including any accessories, manuals and any other documentation that shipped with the Product in order to be issued a full refund. The Return Authorization Form must be included with the returned Product.
(c) Shipping and handling charges and taxes paid are non-refundable. You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to the Product while in transit to Lumenplay®. If you return Product to Lumenplay® (a) without a Return Authorization Form or (b) without the proper packaging and associated accessories, manuals and documentation, Lumenplay® retains the right to either refuse delivery and acceptance of such a return or to charge you a 15% restocking fee. The time to credit your account may vary, depending on processing time. Please allow a minimum of 2 weeks for Lumenplay® to credit the account used to make the original purchase.
PRICE
The price for the Products shall be the price indicated on the Lumenplay® e-commerce website, plus applicable taxes, as indicated on the website. The price charged for a product or services will be the price in effect at the time the order is placed and will be set out in your confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. You are responsible for all sales, use and any other similar taxes or charges of any kind imposed by any governmental authority on any amounts payable by you under the confirmation email or website checkout process.
PAYMENT TERMS
You shall pay all agreed amounts due to Lumenplay® under the order by online credit or debit card transaction, and Lumenplay®, its partners, agents and assigns are authorized to charge your credit or debit card immediately upon your online submission of an order. You agree not to withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Lumenplay®, whether relating to Lumenplay®’s breach, bankruptcy or otherwise. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept all major credit cards for purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
LIMITED WARRANTY
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
The following limited warranty applies only to Lumenplay® Products, and not to the Lumenplay® e-commerce website or your use of the website.
(a) Lumenplay® warrants the Products contained in the original packaging, under normal, seasonal use against all product defects when used as directed for a period of THREE (3) YEARS from the date of original purchase by you (“Warranty Period“). Lumenplay®’s published guidelines include but are not limited to information contained in packaging, labelling, technical specifications, user manuals and any other product-related communications.
(b) This warranty does not apply to (i) cosmetic damage, including but not limited to scratches and dents; (ii) damage caused by use with another non-compatible Lumenplay® product; (iii) damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or any other act of God; (iv) damage caused by operating Lumenplay® Products outside Lumenplay®’s published guidelines, including but not limited to the installation of Lumenplay® in an outdoor environment for an extended period of time (longer than 90 days, consecutively); (v) use and operation of a Lumenplay® Product in any country other than the United States of America; (vi) a Lumenplay® Product that has been modified, disassembled, or altered in function or form without the written permission of Lumenplay®; (vii) if any serial number has been removed or defaced from the Lumenplay® Product.
(c) Before receiving warranty service, Lumenplay® or its sales and customer support team representatives may require that you: furnish proof of purchase details, provide video or photographic evidence of any product defects, respond to questions designed to assist with diagnosing potential issues and/or steps to resolution, and request that you follow Lumenplay®‘s procedures for obtaining warranty service. This procedure includes the submission of the Return Authorization Form, also known as an “RMA”. By submitting an RMA request to receive warranty service, you are acknowledging that your Lumenplay® has not been used in a manner that would void the limited-time warranty.
(d) Following warranty service, your Lumenplay® Product or a replacement product will be returned to you as your Lumenplay® Product was configured when originally purchased, subject to applicable app updates.
HOW TO OBTAIN WARRANTY SERVICE?
To obtain service for a Product under warranty, please first look for a solution in the Support or FAQ sections of the Lumenplay® e-commerce website. If the Product is still not functioning properly after making use of these resources, please contact a Lumenplay® representative at warranty@lumenplay.com A Lumenplay® representative will help determine whether your Product meets the requirements for warranty service and, if it does, will inform you of the appropriate steps to take.
