Terms and Conditions for Online Offers to Purchase
Please read all of these terms and conditions ("Terms") carefully before submitting your order for a Lumo Amuzo Game or Larklamp (the "Product"). By submitting your order you agree to be legally bound by these Terms.
As explained in these Terms in more detail:
- These Terms provide that all disputes related to these Terms will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (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 Arbitration Agreement in Section 18 for the details regarding your agreement to arbitrate any disputes arising under these Terms. (See Section 18)
- By submitting your order, you are offering to purchase a Product from us. We may reject your offer and refund all amounts paid by you. (See Section 1)
- Specifications for our Products may change from the specifications currently published on our website. (See Section 4)
- Shipping of the Products may be delayed. (See Section 5)
- Lumo Amuzo's liability is limited. (See Sections 1 and 12)
- Batch Order and Acceptance. Each order you submit for a Product constitutes an offer to purchase that Product. Completed orders are subject to Lumo Amuzo's acceptance and may be rejected at any time and for any reason at Lumo Amuzo's discretion. If Lumo Amuzo rejects your offer, Lumo Amuzo will, as your sole and exclusive remedy and Lumo Amuzo's sole and exclusive liability, refund the amount you paid as described in Section 4. If you have any questions, comments, or concerns regarding Lumo Amuzo's order acceptance policy, or if you believe that your order was rejected in error, please contact Lumo Amuzo at support@LumoAmuzo.com. If you do not provide your shipping information within 30 days of Lumo Amuzo's request, Lumo Amuzo may, at its sole discretion, provide you a full refund of the amount you paid or continue to attempt to contact you. Lumo Amuzo will make reasonable efforts to contact you to provide a refund after that 30 day period, but if Lumo Amuzo does not receive a response from you within 90 days of Lumo Amuzo's initial request for your shipping address, or if Lumo Amuzo is not able to process your refund after that 30 day period (for example, due to a cancelled credit card or closed PayPal account), then Lumo Amuzo will treat the amount that you paid as unclaimed property in accordance with applicable law.
- Eligibility. You must be at least 18 years old to offer to purchase a Product. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old. If you are offering to purchase a Product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
- Payment. In order for your offer to be eligible for Lumo Amuzo's acceptance, you must pay the amount for the Product elected by you as set forth on the Lumo Amuzo website by credit card or any other payment method designated on our website. Payment does not guarantee acceptance of your order.
- Specifications; Refunds. We want you to be totally happy with the Product, but please be aware that the specifications for the Products may change prior to shipping. The Lumo Amuzo refund policy will be published on the Lumo Amuzo website at the time when Lumo Amuzo begins shipping your Products ("Refund Policy"). For further information on Lumo Amuzo's limited warranties, please see Section 11 of these Terms.
- Shipping and Delay. The Products are not ready for delivery and are “made to order”. Shipping will commence no sooner than the “Batch Month” listed in the name of your product, and may commence later. Any shipping date is an estimate only, and the actual shipping date for any accepted order will depend on a variety of factors including manufacturing schedule, the dates of your order, your completed order, and when we accept your completed order. Commencement of shipping is subject to change without notice to you. We list shipping charges for each country on our website, and you must pay all shipping charges for the location of the address you provide. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. If shipping costs to the address that you provide for an accepted order are higher than the shipping costs you paid at the time that you offered to purchase a Product, Lumo Amuzo may, in its sole discretion, require you to pay additional shipping fees or refund the full amount you paid.
- Transfer of Risk and Title. Risk of loss of the Product passes to you on Lumo Amuzo's delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point. Claims against a carrier for damage during shipping are your responsibility.
- Taxes. All import duties, taxes, and other charges are not included in the Product price or shipping cost. These charges are your responsibility. Please check with your state and country's customs office to determine what these additional costs will be prior to completing your order.
- Use of the Product; Lumo Amuzo Service. You represent that the Product you have offered to purchase is for your own use and not for resale.
- Intellectual Property. Lumo Amuzo and its licensors own all intellectual property rights in the Products. If Lumo Amuzo accepts your order for a Product, you will acquire no interest or rights in Lumo Amuzo's intellectual property, and your use of the Product will be subject to the Lumo Amuzo Terms of Service and other additional license terms and restrictions that will be provided together with the Product. Lumo Amuzo reserves all rights in and to the Products not granted expressly in these Terms or other additional license terms.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL Lumo Amuzo BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE ANY PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF Lumo Amuzo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree that if any lawsuit or court proceeding is permitted under these Terms, the aggregate liability of Lumo Amuzo and its affiliates and suppliers to you for all claims arising out of or related to these Terms or your use or inability to use a Product will not (other than as may be required by applicable law in cases involving personal injury) exceed the amount you paid to Lumo Amuzo for that Product. These limitations will apply even if the above stated remedy fails of its essential purpose. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties.
- Indemnity. You alone are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless Lumo Amuzo and its officers, directors, employees, agents, affiliates, and suppliers ("Indemnitees") from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your use of, or alleged use of, any Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
- Force Majeure. If Lumo Amuzo accepts your offer to purchase a Product, Lumo Amuzo will not be liable to you for any delay, including any delay due to an event beyond Lumo Amuzo's reasonable control, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of Lumo Amuzo's control.
- Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order for your pre-order to remain valid. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
- Controlling Law and Severability. These Terms will be governed by and construed in accordance with the laws of the Province of Quebec, excluding its conflict of law principles. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.
- General. These Terms, and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Lumo Amuzo regarding your offer to purchase a Product and the other matters described in these Terms. These Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Upon termination of these Terms, any provision that by its nature or express terms should survive, will survive.
- Contact Information. Lumo Amuzo, Inc. is located at 4920 Grand Blvd, Montreal QUEBEC H3X 3S2, Canada. You may contact us by sending correspondence to that address or by emailing us at email@example.com.