Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Lumigard! The terms "we", "us" and "our" refer to Lumigard, an e-commerce brand owned and operated by MaTe e-commerce, a general partnership (Vennootschap onder firma - VOF) established under the laws of The Netherlands. Lumigard operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Lumigard is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS & PROPER USE
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearances may differ from how they appear on your screen due to display settings and configuration.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.
Proper Use Requirement: All products purchased from Lumigard must be used strictly in accordance with their intended purpose, manufacturer warnings, user guides, and accompanying instructions. Any alteration, modification, improper assembly, negligent maintenance, or use outside the product's documented application will void any associated rights or claims.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Lumigard reserves the right to accept or decline your order for any reason at its sole discretion. Your order is not accepted until payment is processed and acceptance is confirmed.
Please review your order details carefully before submitting; once an order enters automated fulfillment, we may be unable to accommodate cancellation requests. In the event that we modify or cancel an order, we will attempt to notify you via the contact details provided at checkout.
Purchases are subject to return or replacement strictly in accordance with our Refund Policy. You represent and warrant that your purchases are solely for personal or household use and not for commercial resale or unauthorized export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price displayed at the time the order is submitted and confirmed. Unless explicitly noted otherwise, prices are quoted in U.S. Dollars (USD) and do not include state/local sales tax, shipping fees, or potential customs processing duties, where applicable.
You agree to provide current, complete, and accurate purchase, payment, and billing details. You represent and warrant that:
All payment credentials provided are valid and complete.
You are duly authorized to use the designated payment method.
Charges incurred will be honored by your credit card issuer or financial institution.
You will cover all charges incurred at posted rates, including shipping, handling, and applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
Delivery schedules and transit windows are estimates only and are never guaranteed. We partner with reliable global logistics carriers; however, Lumigard and MaTe e-commerce are not liable for transit delays caused by customs clearances, logistics disruptions, severe weather, or carrier handling exceptions.
Title and risk of loss transfer to you upon our delivery of the parcel to the carrier.
SECTION 6 - INTELLECTUAL PROPERTY
All content accessible via our Services—including text, graphics, logos, images, digital media, page layout, and software—is the exclusive property of Lumigard, MaTe e-commerce, or its licensors, protected under international copyright, trademark, and intellectual property regulations.
You may access this site strictly for non-commercial, personal shopping purposes. Unauthorized reproduction, republication, framing, commercial exploitation, or scraping of content without prior written authorization is strictly prohibited.
SECTION 7 - THIRD-PARTY TOOLS & LINKS
We may provide access to third-party tools, platforms, or hyperlinks (including payment gateways and tracking utilities) over which we exert no direct control.
Such integrations are provided purely "as is" and "as available" without endorsement or warranties of any kind. Your engagement with external tools or third-party web domains is entirely at your own risk and subject to the terms of those specific providers.
SECTION 8 - RELATIONSHIP WITH SHOPIFY
Lumigard is hosted on Shopify, which supplies the underlying e-commerce architecture. However, all commercial transactions, customer obligations, and contracts are concluded solely between you and Lumigard (MaTe e-commerce).
You acknowledge and agree that Shopify carries no responsibility or liability for product quality, transit delays, injury, or damages arising out of your purchases from Lumigard. You expressly release Shopify Inc. and its affiliates from all claims and liabilities associated with transactions on this store.
SECTION 9 - USER FEEDBACK AND SUBMISSIONS
If you submit product reviews, testimonials, suggestions, or creative feedback, you grant Lumigard and MaTe e-commerce a royalty-free, perpetual, worldwide, irrevocable license to use, display, publish, and adapt such content across any media channels.
You warrant that your feedback does not infringe upon any third-party rights, contain defamatory or unlawful content, or deploy harmful code or scripts. We reserve the right to review, edit, or remove user content that violates our policies.
SECTION 10 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, content on our Services may contain typographical inaccuracies, outdated pricing, or mistaken inventory availability. We reserve the right to rectify errors, update listings, or cancel affected orders without liability, even after an order confirmation email has been dispatched. If your card has already been charged, a prompt refund will be executed.
SECTION 11 - PROHIBITED USES
You are explicitly prohibited from using our site or its contents:
For any fraudulent or illegal activity;
To violate any local, state, federal, or international laws;
To infringe upon or misappropriate our intellectual property or that of third parties;
To transmit viruses, malware, trojans, or destructive code;
To collect or track personal user data without lawful authorization;
To spam, phish, crawl, or harvest store data;
To circumvent, disable, or tamper with security protocols or checkout procedures.
SECTION 12 - AUTOMATED AGENTS AND SCRAPING
Any automated mechanism, software agent, or bot interacting with our Services must clearly identify itself via standard HTTP user-agent declarations ("Agent/[agent name]").
Scraping, automated account creation, price harvesting, and circumventing human-verification barriers (such as CAPTCHA challenges) are strictly prohibited and will result in technical blocking and potential legal recourse.
SECTION 13 - DISCLAIMER OF WARRANTIES ("AS IS")
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SERVICES AND PRODUCTS DELIVERED THROUGH LUMIGARD ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT PRODUCT OPERATION WILL BE ERROR-FREE, TIMELY, OR UNINTERRUPTED.
(CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES; IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY).
SECTION 14 - LIMITATION OF LIABILITY (MAXIMUM LIABILITY CAP)
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUMIGARD, OPERATED BY MATE E-COMMERCE, ITS GENERAL PARTNERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUPPLIERS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER—INCLUDING LOST REVENUE, DATA LOSS, PROPERTY DAMAGE, OR BUSINESS INTERRUPTION—ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCT.
EXPRESS MONETARY CAP: TO THE EXTENT OUR LIABILITY CANNOT BE LAWFULLY EXCLUDED, OUR MAXIMUM AGGREGATE LIABILITY SHALL NEVER EXCEED THE TOTAL PURCHASE PRICE ACTUALLY PAID BY YOU FOR THE SPECIFIC ITEM GIVING RISE TO THE CLAIM, OR THE TOTAL COMPENSATION DISBURSED BY OUR COMMERCIAL GENERAL LIABILITY INSURANCE POLICY FOR SAID EVENT, WHICHEVER IS LESS.
COMPLETE VOIDANCE UPON MISUSE: OUR LIABILITY IS CATEGORICALLY VOIDED IF A CLAIM RESULTS FROM PRODUCT ALTERATION, MISUSE, IMPROPER STORAGE, FAILURE TO OBSERVE PRODUCT SAFETY INSTRUCTIONS, OR RECKLESS HANDLING.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Lumigard, MaTe e-commerce, its partners, officers, employees, agents, and service providers from any third-party claims, liabilities, losses, damages, and associated expenses (including reasonable attorney fees) arising from:
Your breach of these Terms of Service;
Your violation of any applicable law or third-party right;
Your unauthorized misuse of the purchased products.
SECTION 16 - SEVERABILITY & WAIVER
If any clause of these Terms is deemed unlawful, invalid, or unenforceable by an authoritative court, such provision shall be enforced to the maximum allowable extent, and the remaining clauses will retain their full force and effect. The failure to enforce any right or clause herein shall not constitute a legal waiver.
SECTION 17 - GOVERNING LAW AND EXCLUSIVE JURISDICTION
These Terms of Service and any separate purchase agreements whereby we provide products to you shall be governed by, construed, and interpreted exclusively in accordance with the laws of The Netherlands, without regard to conflict of law doctrines or the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Any legal action, dispute, or lawsuit arising out of or concerning these Terms, transactions, or product usage shall be submitted exclusively to the competent judicial district of Oost-Brabant, The Netherlands.
SECTION 18 - MODIFICATIONS TO TERMS
We reserve the right to revise, replace, or amend these Terms of Service at our sole discretion. Any changes will become effective immediately upon posting to this URL. Continued use of our Services or new purchases following updates indicates full acceptance of the revised Terms.
SECTION 19 - CONTACT & CORPORATE INFORMATION
Questions concerning these Terms of Service, order queries, or legal notices must be directed to:
Trading Name: Lumigard
Operating Entity: MaTe e-commerce (VOF)
Customer Support Email: support@lumigard.com
Chamber of Commerce (KVK): 42165496