Terms and Conditions of Sale and Use
This website is operated by LUMISILK ZA. On this site, the terms “we”, “our”, and “us” refer to LUMISILK ZA. LUMISILK ZA provides this website, including all information, tools, and services available to you as a user, provided that you agree to all terms, conditions, policies, and notices set forth here.
By visiting this site and/or purchasing any of our products, you participate in our “Service” and agree to be bound by the following terms and conditions (the “Terms and Conditions”, “General Terms”, or “Policies”), including all additional terms, conditions, and policies referenced or linked via hyperlinks in this document. These general terms apply to all users of the website, including, but not limited to, users browsing the site, vendors, customers, merchants, and/or content contributors.
Please read these general terms of sale and use carefully before accessing or using our website. By accessing or using this site, you agree to be bound by these terms. If you do not agree to all the terms and conditions of this agreement, you may not access the site or use the services offered on it. If these general terms of sale and use are considered an offer, your acceptance is expressly limited to these terms.
All new features and tools that are added later to this store will also be subject to these general terms of sale and use. You can review the most current version of the general terms of sale and use at any time on this page. We reserve the right to update, modify, or replace any part of these general terms of sale and use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Continued use of or access to the website after any modifications constitutes acceptance of those changes.
Our store is operated by Shopify Inc., which provides us with the e-commerce platform that allows us to sell our products and services.
ARTICLE 1 - TERMS OF USE OF OUR ONLINE STORE
By accepting these general terms of sale and use, you declare that you are of the age of majority in your country, state, or province of residence, and that you have given your consent to allow any minor under your care to use this website.
It is prohibited to use our products for illegal or unauthorized purposes, and you must not, when using the Service, violate the laws of your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any virus, bug, or any code of a destructive nature.
Any violation of these terms will result in the immediate termination of services.
ARTICLE 2 - GENERAL TERMS
We reserve the right to deny access to the Services to anyone, at any time, and for any reason.
You agree that your content (excluding credit card information) may be transferred unencrypted, which includes (a) transmissions across various networks; and (b) changes made to comply with technical connection requirements of networks or devices. Credit card information is always encrypted during transmission across networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without our prior written consent.
The headings used in this agreement are included for convenience only and do not limit or affect these terms.
ARTICLE 3 - ACCURACY, COMPLETENESS, AND UPDATING OF INFORMATION
We are not responsible if the information available on this site is inaccurate, incomplete, or outdated. The content of this site is provided solely as general information and should not be used as the sole basis for making decisions without consulting more accurate, complete, or up-to-date sources. If you choose to rely on the content of this site, you do so at your own risk.
This site may contain historical information. Historical information, by nature, is not updated and is provided solely for reference. We reserve the right to modify the content of this site at any time, but we are not obligated to update any information on our site. You agree that it is your responsibility to monitor changes on our site.
ARTICLE 4 - MODIFICATION OF SERVICES AND PRICES
The prices of our products may be changed without prior notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice.
We will not be liable to you or any third party for any price changes, suspension, or discontinuation of the Service.
Prices include VAT.
ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)
Some products or services may only be available online on our website. These products or services may be available in limited quantities and can only be returned or exchanged in accordance with our return policy.
We have made every effort to accurately represent the colours and images of our products displayed in our store. We cannot guarantee that the colours displayed on your computer screen are exact.
We reserve the right, without obligation, to restrict the sale of our products or services to any person in any geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of products or services we offer. All product descriptions and all prices are subject to change at any time without notice, at our sole discretion. We reserve the right to withdraw any product at any time. Any offer of services or products made on this site is void where prohibited by law.
We do not guarantee that the quality of the products, services, information, or other goods obtained or purchased by you will meet your expectations, nor that any errors in the service will be corrected.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household, or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event that we make changes or cancel an order, we may attempt to notify you by contacting the email address and/or billing/shipping address/phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, distributors, or wholesalers.
You agree to provide current, complete, and accurate account and order information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.
Please see our return policy for more information.
ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or influence.
You acknowledge and agree that we provide access to these tools 'as is' and 'as available,' without warranties, representations, or conditions of any kind and without any approval. We accept no responsibility arising from the use of optional third-party tools.
If you use optional tools offered on the site, you do so at your own risk and discretion, and you should ensure that you understand and agree to the terms under which such tools are provided by the respective third-party providers.
In the future, we may also offer new services and/or features through the website (including new resources and tools). These new features and services will also be subject to these terms and conditions.
ARTICLE 8 - THIRD-PARTY LINKS
Some content, products, and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not obligated to review or evaluate the content or accuracy of such sites and do not guarantee or assume any responsibility for the content, websites, products, services, or other materials available on such third-party sites.
We are not responsible for any damage or loss related to the purchase or use of goods, services, resources, content, or other transactions conducted in connection with third-party websites. Please carefully review the policies and practices of the third parties and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions related to third-party products should be directed to them directly.
ARTICLE 9 - USER COMMENTS, SUGGESTIONS, AND OTHER SUBMISSIONS
If, at our request, you submit certain content (for example, to participate in contests) or if, unsolicited, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or otherwise (collectively, 'comments'), you grant us an unlimited and irrevocable license to edit, copy, publish, distribute, translate, and otherwise use in any media the comments you submit to us. We are not and will not be obligated to (1) keep the comments confidential; (2) pay compensation for submitted comments; or (3) respond to the comments.
We may, but are not obligated to, monitor, modify, or remove content that, in our sole discretion, is illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates intellectual property or these terms and conditions.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personal property, or other personal or property rights. You also agree that your comments will not contain illegal, defamatory, abusive, or obscene material, nor computer viruses or other malicious software that may affect in any way the operation of the Service or any related website. You must not use a false email address, impersonate another person, or mislead us or third parties about the origin of your comments. You are solely responsible for the comments you post and their accuracy. We assume no responsibility for comments posted by you or by third parties.
ARTICLE 10 - PERSONAL DATA
The transfer of personal data on our store is subject to our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our website or Service that contains typographical errors, inaccuracies, or omissions regarding product descriptions, prices, promotions, offers, product shipping costs, delivery times, and availability. We reserve the right to correct any error, inaccuracy, or omission, and to modify or update the information or cancel orders if any information on the Service or any related site is inaccurate, at any time and without prior notice (even after you have placed an order).
We are not obligated to update, correct, or clarify information on the Service or any related site, including, but not limited to, pricing information, unless required by law. You should not rely on any update or refresh date set on the Service or any related site to determine that the information has been modified or updated.
ARTICLE 12 - PROHIBITED USES
In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the Service or its content:
(a) for illegal purposes;
(b) to encourage others to engage in or participate in illegal acts;
(c) to violate international, federal, provincial, or state regulations, rules, or local laws;
(d) to infringe or violate our intellectual property rights or the rights of third parties;
(e) to harass, abuse, insult, harm, defame, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to transmit false or misleading information;
(g) to upload or transmit viruses or any other malicious code that affects the functionality or operation of the Service, any related or unrelated website, or the Internet;
(h) to collect or track personal information of others;
(i) to engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping activities;
(j) for any obscene or immoral purpose; or
(k) to interfere with or bypass the security measures of our Service, any related website, or the Internet.
We reserve the right to suspend your use of the Service or any related website if you violate any of the prohibited uses.
ARTICLE 13 - DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
We do not guarantee that the use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that any results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may suspend the Service indefinitely or terminate it at any time without prior notice.
Use of the Service and any product or service provided through it is at your own risk. The Service and all products and services provided through it are offered ""as is"" and ""as available"" without representations, warranties, or conditions of any kind, whether express or implied.
In no event shall LUMISILK ZA, its directors, employees, affiliates, agents, contractors, suppliers, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to loss of profits, revenue, savings, data, or any similar damages.
ARTICLE 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless LUMISILK ZA, its parent company, subsidiaries, partners, employees and agents from any claim or demand, including reasonable attorneys' fees, made by any third party due to your breach of these Terms or any related document.
ARTICLE 15 - SEVERABILITY OF PROVISIONS
If any provision of these terms is found to be illegal, invalid, or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the unenforceable portion shall be deemed severed from these terms without affecting the validity of the remaining provisions.
ARTICLE 16 - TERMINATION
These terms shall remain in effect until terminated by either party. You may terminate them by notifying us that you no longer wish to use our services or by ceasing to use our site.
If we determine, at our sole discretion, that you have breached any term, we may also terminate this agreement at any time without prior notice, and you will be responsible for all amounts owed up to the date of termination.
ARTICLE 17 - ENTIRE AGREEMENT
The fact that we do not exercise or enforce a right or provision of these Terms of Use shall not constitute a waiver of that right or provision.
These Terms of Sale and Use, together with any policy or operational guideline we post on this website or in connection with the Service, constitute the complete agreement between you and us and govern your use of the Service, superseding all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Sale and Use).
Any ambiguity in the interpretation of these Terms of Sale and Use shall not be construed against the party that drafted them.
ARTICLE 18 - GOVERNING LAW
These general terms and conditions of sale and use, as well as any other policy applicable to our products, are subject to the provisions of the laws in effect at 2301 Bayfield - Building 99 Hennessy Road - HK.
ARTICLE 19 - AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You may review the most recent version of these general terms and conditions of sale and use at any time on this website.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these general terms and conditions of sale and use by posting updates and changes on our website. It is your responsibility to visit our website regularly to check for changes. Continued use of our website or access after the posting of any modification constitutes acceptance of such changes.
ARTICLE 20 - OFFER
If an offer has a limited duration or is subject to suspensive, resolutory, or any other conditions, this will be explicitly indicated in the offer.
The offer on the Site does not imply any commitment.
The Site reserves the right to modify and adapt the offer.
The Site’s offer contains an accurate and complete description of the products and/or services offered, sufficient for the customer to adequately evaluate the offer. If the Site uses images representing the products, these are exact representations. However, obvious errors shall not bind the website.
Each offer includes essential information so that the customer fully understands their rights and obligations when accepting it, such as:
- The price, including VAT.
- Shipping costs.
- Conditions for entering into the contract and the actions required to do so.
- Information on the right of withdrawal.
- The method of payment, delivery, and execution of the contract.
ARTICLE 21 - CONTRACT
A contract is concluded when the customer accepts the offer and the conditions of the offer are fulfilled.
If the acceptance of the offer is electronic, the Site will confirm receipt of such acceptance. Until this receipt is confirmed, the customer may rescind the contract.
The Site will take technical and organizational measures to protect data transmission and ensure a secure online environment. If electronic payment is allowed, appropriate security measures will be taken.
The Site may assess the customer’s ability to fulfill their payment obligations. If there are valid reasons, the Site may reject an order or make it subject to special terms.
The Site will provide the customer with relevant information, such as:
- The contracting party’s address for claims.
- Information about warranties and after-sales services.
- The price, including taxes.
- Shipping costs and conditions of payment, delivery, and execution of the contract.
ARTICLE 22 - RIGHT OF WITHDRAWAL
The customer has the right to withdraw from the contract without giving any reason within 90 days of receiving the product.
For services and digital content, the period is 90 days from the conclusion of the contract.
If information on the right of withdrawal is not provided, the period is extended to 12 months.
ARTICLE 23 - COSTS RELATED TO THE EXERCISE OF THE RIGHT OF WITHDRAWAL
The customer bears only the costs of returning the product. The Site will refund the amount within 14 days.
ARTICLE 24 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
The right of withdrawal may be excluded if the product:
- Was personalized.
- Has a clearly personal character.
- Is perishable.
- Is related to accommodation services or events with a specific date.
ARTICLE 25 - WARRANTY AND CONFORMITY
The Site guarantees that the products and/or services comply with the contract, the specifications indicated in the offer, reasonable reliability requirements and/or suitability for the intended use, and with the laws and/or administrative regulations in force at the time of conclusion of the contract. If agreed, the website also guarantees that the product is suitable for a use other than the usual one.
The warranty provided by the website, manufacturer, or importer does not affect the rights and remedies the customer may exercise against the website under the contract. This includes any obligation of the website, its supplier, importer, or manufacturer that grants the customer additional rights or remedies beyond those legally required if the contractual obligations have not been fulfilled.
Defects or incorrectly delivered products must be reported in writing to the website within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
The warranty does not apply in the following cases:
- The customer has repaired or modified the delivered products or had them repaired or modified by a third party.
- The supplied products have been exposed to improper conditions, handled negligently, or used contrary to the instructions on the website or packaging.
- The defect is due, wholly or partially, to government regulations governing the nature or quality of materials used, whether already enacted or forthcoming.
ARTICLE 26 - DELIVERY AND PERFORMANCE
The website pays the utmost attention to accepting and fulfilling product orders and evaluating service requests.
The place of delivery will be the address provided by the customer on the website.
The average delivery time is between 5 and 20 days. Shipping time is 24 to 72 hours.
Subject to paragraph 4 of this article, the website accepts orders immediately, but no later than 40 days, unless the customer has agreed to a longer delivery period. If delivery is delayed or the order is not fulfilled in whole or in part, the customer will receive the order no later than 40 days after placing it. In such a case, the customer has the right to terminate the contract without penalty. The customer is not entitled to any compensation.
All delivery times are approximate. The customer cannot derive any rights from the indicated delivery times. Failure to meet deadlines does not give rise to any compensation.
In the event of contract termination pursuant to paragraph 3 of this article, the operator will refund the amount paid by the customer as soon as possible and, at the latest, within 14 days from the termination of the contract.
If it is impossible to deliver the ordered product, the operator will attempt to provide a replacement product. At the time of delivery, it will be clearly and understandably indicated that it is a replacement product. In the case of replacement products, the right of withdrawal is not excluded. Return costs are borne by the website.
The risk of damage and/or loss of the products is borne by the website until they have been delivered to the customer or to a representative previously designated by the customer and communicated to the website, unless expressly agreed otherwise.
ARTICLE 27 - DURATION: TERMINATION AND RENEWAL
Termination of a Contract
-
Indefinite-Term Contracts
The customer has the right to terminate at any time a contract for the regular supply of products (including electricity) or services, provided that the agreed termination rules are respected. The maximum notice period is one month. -
Fixed-Term Contracts
The customer may terminate at any time a fixed-term contract for the regular supply of products (including electricity) or services, respecting the agreed rules and with a maximum notice period of one month at the end of the agreed term. -
Termination Rules
The customer may:
- Terminate the contract at any time, without restrictions on days or periods.
- Terminate the contract in the same manner as it was concluded.
- Terminate the contract respecting the notice period established by the Site.
Renewal
-
Prohibition of Automatic Renewal for Fixed-Term Contracts
Fixed-term contracts for the regular supply of products or services may not be automatically renewed for a new fixed period. -
Exception for the Press
Fixed-term contracts for the supply of newspapers, weeklies, or magazines may be renewed for a maximum period of three months, provided the customer has the right to terminate the renewed contract with one month’s notice before the end of the renewal period. -
Automatic Renewal for Indefinite-Term Contracts
A contract may be renewed for an indefinite period if the customer retains the right to terminate it at any time:
- With a maximum notice period of one month.
- With a maximum notice period of three months for deliveries of newspapers, weeklies, or magazines supplied less than once a month.
-
Trial Contracts
Trial contracts (trial or introductory subscriptions) for regular newspaper deliveries automatically expire at the end of the trial period without further renewals.
Subscription Duration
For contracts longer than one year:
- The customer may terminate the contract after one year from its commencement, with a maximum notice period of one month.
- Except in cases where legitimate and honest reasons prevent termination before the end of the agreed period.
ARTICLE 28 – CLAIM PROCEDURE
The website must have a clearly communicated claims procedure and handle claims in accordance with that procedure.
Claims related to the execution of the contract must be submitted by the customer within a reasonable time after detecting defects, in a complete and clearly described manner.
The seller will respond to the claim within 14 days of receipt. If the claim requires more processing time, the website will respond within 14 days by sending an acknowledgment of receipt and indicating when the customer can expect a more detailed response.
If the claim cannot be resolved amicably, it will become a dispute subject to the dispute resolution procedure.
ARTICLE 29 – LITIGATION
Disputes between the website and the customer related to these general terms of sale shall be governed by the laws of Hong Kong.
ARTICLE 30 – SUPPLEMENTARY OR DEROGATORY PROVISIONS
Supplementary or derogatory provisions to these general terms must not prejudice the customer and must be documented in writing or recorded in a way that the customer can retain access on a durable data medium.
ARTICLE 31 – SMS MARKETING
By accepting SMS marketing at the time of payment and when initiating a purchase or subscription through our tools, you agree to receive recurring text notifications (related to your order, including payment reminders), SMS marketing offers, and transactional messages, including review requests, even if your number is registered on a state or federal do-not-call list. Message frequency may vary. Consent is not a condition for making a purchase.
If you wish to stop receiving SMS marketing messages and notifications, you must reply STOP to any mobile message we send or use the unsubscribe link provided in one of our messages. You understand and agree that alternative methods of cancellation, such as using other words or requests, will not be considered reasonable means to unsubscribe. We do not charge for the service, but you are responsible for any text message fees imposed by your mobile service provider. Message and data rates may apply.
For questions, send a message with the word HELP to the number from which messages were sent. You may also contact us at lumisilk.za@gmail.com
for more information.
We reserve the right to change, at any time, any phone number or short code used to operate the service. You will be notified of such changes. You agree that any message sent to a modified number or short code, including STOP or HELP requests, may not be received, and we will not be obligated to honor such requests.
To the extent permitted by applicable law, you agree that we are not liable for failures, delays, or errors in transmitting any information sent through the service, errors in such information, and/or any action you take or fail to take based on the information or service.
Your right to privacy is important to us. You may read our Privacy Policy to learn how we collect and use your personal information.
ARTICLE 32 - CONTACT INFORMATION
- Company Name: ECOM STAR MEDIA LIMITED
- Company Address: 92301 Bayfield – Building 99 Hennessy Road – HK
- Email: lumisilk.za@gmail.com