Terms and Conditions
These Terms govern the sale of any Product, being hardware, software, consumable or service (hereinafter called "Product") sold by Lumi Industries srl (hereinafter Lumi Industries) through the online store or through direct order. All purchase agreements concluded through this site or through direct orders, according to the stated procedures between the seller and the customers are governed by these general conditions and they should be in accordance with the procedures here indicated.
All prices are intended as tax free. Italian VAT will be calculated upon cart checkout on all order. Non-consumer clients outside Italy, upon provision of VAT or company registration number, will receive tax-free invoice and Italian VAT refund, as per current regulation.
Italian consumers Costumers only (buyers and end users of product, goods and services) must provide tax code number.
I. Order acceptance
The sale contract concluded between Lumi Industries and the Customer are concluded with the acceptance of the order by Lumi Industries, even if only partial, which reserves the right, to accept the order. An order is not considered accepted and the relevant contract of sale is not effective until the Customer receives a confirmation email containing the acceptance of the offer.
By placing an order on www.lumi.industries store, or directly by email to our sale department, the Customer declares to have read all and he fully accepts the general and payment conditions hereinbelow. The Terms and the email which confirm the order constitute the entire agreement and understanding of Lumi Industries and Customer with respect to the transactions as explained herein.
If the Customer is an end user o consumer (person who buys goods for purposes not related to his professional activity), he/she must print out or save an electronic copy of these general conditions in accordance with the articles. 3 and 4 of Legislative Decree No. 185/1999 on distance selling.
Lumi Industries confirm order acceptance by sending an email to the mail address indicated by the Customer. This message contains a summary of Costumer’s invoice and shipping data. The Customer has to verify their accuracy and immediately communicate correct data, in case they are not exact.
A possible non-acceptance of an order will be promptly communicated to the customer.
In case of order change or cancellation, the Customer should contact Lumi Industries as soon as possible. Only in case the order has not been processed yet, it can be changed or cancelled.
If one or more of selected Products are not available, Lumi Industries shall inform the costumer within 7 days from order placement by email. Lumi Industries shall provide an alternative solution or communicate a date of new availability.
If case the costumer considers both solutions unacceptable, he can decide to cancel the order and be refunded for the already paid amount.
II. PRODUCTS AND PRICE CHANGES
Lumi Industries reserves the right to discontinue the production or change the specifications of any Product, at any time, and without notice. No such change in specifications shall affect any order of such Product placed by the Customer prior the change.
Lumi Industries reserves the right to modify all prices at any time and without notice, however, such changes will not be applicable to any order of such Product placed by the Customer prior the change.
The Customer can only buy products listed in www.lumi.industries store at the time of the order placement. Technical information included in the website reproduce faithfully the actual ones. Lumi Industries reserves the right to modify products technical information without notice to adjust them to those supplied by the manufacturer. It is understood that the picture and description of a product may not be perfectly representative of its features.
All orders must be paid in full, including shipping and taxes, prior to delivery. Lumi Industries reserves the right to suspend order delivery until full payment is received. The Customer is exclusively liable and entitled to payment for standard service charges Lumi Industries may apply to sales of its Products to the Customer, as well as all costs of shipping, delivery, insurance. The price of shipping is not included in advertised price of Lumi Industries’ Products. Shipping costs are added based on Customer selected Products and shipping location, during cart checkout or included in order confirmation, if the Customer has placed a direct order.
Lumi Industries is not responsible for additional fees or costs, like import duties, nor is Lumi Industries responsible for communicating with Customer’s local authorities to facilitate transit.
The Customer can pay by;
pay-pal (an handling fee may apply)
bank swift (for direct orders only, in this case order will be shipped upon receipt of the entire amount by Lumi Industries)
service against payment (for direct orders only, with additional fee, limited to EU destinations)
credit card (for online orders only).
Lumi Industries will ship out Costumers’ order items as soon as possible. Estimated transit times are indicated in the order confirmation; however, Lumi Industries cannot guarantee exact shipping dates. Delivery shall be effected using such modes of transport and such carriers as Lumi Industries shall deem appropriate.
Lumi Industries shall in no event be responsible or liable for any delay or failure to effect delivery due to any cause which is unavoidable or beyond Lumi Industries’ reasonable control and which prevents, impairs, or adversely affects in any way Lumi Industries’ performance under any order including but not limited to war, fire, flood, natural disaster, strike, labor dispute, accidentin such cases, Lumi Industries shall have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.
Title to all Products and the consequent risk of loss are transferred to Customers upon delivery of Products to the carrier. If the Customer is a consumer, title and risk of loss shall pass to the consumer when he/she or a third party indicated by the latter, other than the carrier, has acquired physical possession of the goods. However, the risk shall pass to the consumer upon delivery to the carrier if the carrier was commissioned by the consumer to carry the goods.
V. INTERNATIONAL COMPLIANCE
By purchasing any Product for shipment outside Italy, Customer acknowledges and assumes responsibility to conform to local laws and regulations while importing and using the Product. Customer acknowledges that Lumi Industries is not responsible for regulatory compliance within Customer’s country. Lumi Industries is not responsible for the cost of replacement of any Product held indefinitely by Customer’s local authorities.
Customer shall comply with all applicable laws, rules, and regulations with respect to use of the Product, abide by all applicable foreign trade/export restrictions or similar rules and not transfer, export, or re-export the Product to any country where export or re-export is prohibited under any applicable export control regulation issued by, the European Union, the United States of America or that of any other applicable country.
VI. RETURN POLICY
Customer should sign with reserve to the courier in case he/she feels that parcel may have been damaged during transportation. He/She must carefully examine all Products delivered to him and notify immediately Lumi Industries by email at the following address email@example.com">firstname.lastname@example.org, of any alleged error, shortage, defect or non-conformity of any such Products within respectively, 60 days after delivery if the Customer is a consumer and, within 8 days if the Customer is not a consumer. Failure to do so constitutes a waiver of any claim or right of Customer against Lumi Industries arising hereunder or by law with respect to any such error, shortage, defect or non-conformity reasonably discoverable by such examination.
VII. Returns conditions
VII. Right of withdrawal and return
Customers who are deemed as consumers pursuant to the relevant legislation, may return any Product within 14 calendar days from the date of its receipt (“Allowable Period”). This does not apply to non-consumers. Return submissions made after 14 calendar days will not be accepted.
To obtain a return authorization, the Customer shall email immediately Lumi Industries at the following email address: email@example.com.
Upon receipt of authorization, the Customer shall arrange to have the Product shipped back to Lumi Industries and will bear all shipping and handling associated costs and liability. If Costumer is seeking an exchange, he will also be responsible for all costs of shipping the new item to him. Unauthorized Returns will not be subject to a refund or credit and Customer assumes all shipping and handling charges, as well as any risk of loss.
Customer must keep the original packaging and use it to repack a Product for return. If Customer does not have any more the original packaging, he/she shall contact Lumi Industries and ask for instructions (any replenishment costs will be charged for delivery). Lumi Industries does not respond to damage caused by transport if the material is not suitably packaged.
The Product must be unused, undamaged, complete with all parts and accessories, in the same condition Customer has received it, in its original packaging and generally fit for resale. Co
VIII. Refund or Exchange
Once the Customer's return is received and inspected, Lumi Industries will inform the Costumer by provided email whether the Products sent back comply with the conditions as indicated above and whether refund or exchange has been approved. Lumi Industries may charge a fee for missing or used accessories.
If a refund is approved, a credit will automatically be applied to the Customer’s credit card or original method of payment. This refund amount may take some time to show in his/her records.
If an exchange is approved, Lumi Industries will ship the new item to the Customer, after payment of any applicable restocking and shipping fees.
All products sold by Lumi Industries are covered by a 24 months legal warranty (hereinafter called "Warranty"), for consumers or private clients and 12 months for companies or VAT number owners for lack of conformity which exists at the time of the delivery of the product,, pursuant to art. 129) of Legislative Decree No. 206/2005 (consumer code). The complaint of the lack of conformity (article 132, paragraph 1), which occurs within the period of validity of the Warranty must be made, under penalty of forfeiture, within two months from the date of discovery.
The lack of conformity exists when the product is not suitable for the use to which it is intended, is not in compliance with the description or does not have the quality and/or performances promised by the seller and the product sold, or quality specifications and performance required by the customer.
If a valid claim is received within the Warranty Period, at Lumi Industries sole option and to the extent permitted by law, Lumi Industries will either (1) repair the hardware defect at no charge, using new or refurbished replacement parts, (2) exchange the product with a product that is new or reconditioned serviceable used parts and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product.
Lumi Industries may request that the Costumer replaces defective parts with new or refurbished user-installable parts that Lumi Industries provides in fulfillment of its warranty obligation. When a product or part is exchanged, any replacement item becomes Costumer’s property and the replaced item becomes Lumi Industries' property. Parts provided by Lumi Industries in fulfillment of its warranty obligation must be used in products for which warranty service is claimed. When a refund is given, the product for which the refund is provided must be returned to Lumi Industries unless specified otherwise.
As a result of the intervention from our Support Center, the customer will be charged eventual verification and repair costs requested by the service, as well as delivery costs if those were incurred by Lumi Industries if it does not prove a lack of conformity pursuant to Legislative Decree No. 206/2005 (consumer code).
X. Exclusions from and Limitation to Warranty
This Limited Warranty applies only to hardware products manufactured by or for Lumi Industries that can be identified by the trademark, trade name, or logo affixed to them. The Limited Warranty does not apply to any non-Lumi Industries’ hardware products or any software, even if packaged or sold with Lumi Industries hardware. Lumi Industries does not warrant that the operation of the product will be uninterrupted or error-free. Lumi Industries is not responsible for damage arising from failure to follow instructions relating to the product's use, included in the User’s Manual provided with each hardware product.
This warranty does not apply: a) to damage caused by accident, abuse, misuse, flood, fire, earthquake, or other external causes; b) to damage caused by operating the product outside the permitted or intended uses described by Lumi industries in the provided Users’ Manual; c) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Lumi Industries; d) to a product or part that has been modified to alter functionality or capability without the written permission of Lumi Industries; e) to consumable parts, unless damage has occurred due to a defect in materials or workmanship; f) to cosmetic damage, including but not limited to scratches, dents; or g) if any Lumi Industries serial number has been removed or defaced.
Are not subject to warranty all parts subject to wear or in contact with consumables. This includes:
Lumi Industries reserves the right to evaluate each case warranty repair and otherwise will send the client quote before proceeding.
In no event Lumi Industries will be liable for any delays, breach of contract or other commitments assumed by the customer to third parties
For products considered as assembly kit Lumi Industries guarantees mechanical and electrical components on assembled units for 60 days after delivery, the quality of the materials, the completeness of the kit and correctness of the assembly instructions. The quality of the resulting product depends only on the customer.
Any component reported by the Costumer, must be deemed defective by Lumi Industries. If a component is found to be defective, Lumi Industries will provide a replacement part (or acceptable substitute, i.e; refurbished “like new” component), but will not provide free installation service for defective parts. Under no circumstances Lumi Industries will give free assistance on this type of machine.
XI. Exclusion of guarantees; Limitation of liability
Except as explicitly provided in these Terms, Lumi Industries does not guarantee, represent or warrant that Customer’s use of any Lumi Industries product or service will be uninterrupted, timely, secure or error-free. Lumi Industries does not warrant that the results that may be obtained from the use of the service or the product will be accurate or reliable.
Lumi Industries is not a manufacturer of medical devices. Lumi Industries provides tools and materials that may be used in many applications, but makes no claims as to the safety or effectiveness of any specific devices made using Lumi Industries products. The final performance characteristics of cured photopolymer resin may vary according to your compliance with the instructions for use, application, operating conditions, material combined with, end use, or other factors. The Customer must independently verify the suitability of the material for the application and intended purpose before using it.
In no event shall Lumi Industries be liable for any loss, death, or bodily injury that the Customer suffers, or that the Customer causes to any third party, in connection with his/her use of Lumi Industries’ products. To the fullest extent legally permitted, Lumi Industries expressly disclaims any implied or explicit warranty of fitness for a particular usage of its Products, the particular nature and circumstances of said usage being unforeseen and unforeseeable to Lumi Industries.
The Customer expressly agrees that his/her use of, or inability to use, the service is at his/her sole risk. The service and all products and services delivered to the Customer through the service are (except to the extent otherwise expressly stated by Lumi Industries) provided 'as is' and 'as available' for his/her use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE EXPIRATION OF THE LIMITED WARRANTY PERIOD.
No Lumi Industries reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
Except as provided in this warranty and to the extent permitted by law, lumi industries is not responsible for direct, indirect, special, incidental or consequential damages resulting from any breach of warranty or condition or any other reason, or under any other legal theory, including but not limited to loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss or damage howsoever caused, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with Lumi Industries' products and any failure to maintain the confidentiality of data stored on the product.
Any Lumi Industries software (hereinafter called “software”) is licensed, not sold. That means that Lumi Industries owns all the rights in the software it is allowing the Costumer to use, except for components such as open source libraries that have their own licenses and rules. By allowing the Customer to use it, it does not mean Lumi Industries is transferring its ownership. Costumers may not break software down to analyse it, modify it, use it with non-Lumi Industries products, or redistribute it without Lumi Industries consent. In short, Costumer agree to respect any and all copyrights and patents that apply to the software.
XIII. INTELLECTUAL PROPERTY RIGHTS
The User/ Customer retains all intellectual property rights on its uploaded 3D Models, including without limitation any and all derivative works (for example, 3D renderings). Except for the rights and licenses with respect to the User's 3D Models specified below, Lumi Industries shall not use, modify, or display the User's 3D Models or derivatives thereof without Customer’s consent.
By uploading a Costumer’s 3D model to the Site, to the App, to the Forum, to discussion groups, or sending it by emails, the case may be, the Costumer represents and warrants that it has all rights to grant the below license to Lumi Industries without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.