General Terms and Conditions

This document contains the General Terms and Conditions of Sale that govern online purchases made through the website https://lumessentials.skin (hereinafter “Site”), owned by Lumessentials (hereinafter “Lumessentials”) with registered office in Napoli (NA) zip code 80128, VAT 06195520652.

Products and services purchased on the Site are sold directly by Lumessentials di Olga Pette.

Lumessentials reserves the right to change these General Terms and Conditions of Sale at any time; any new rules will be effective from the time of their publication on the Site and will apply to sales made from their publication.

Lumessentials invites you to carefully read these General Terms and Conditions of Sale before proceeding with any purchase through the Site in order to allow them to be reproduced and stored in compliance with the provisions of art. 12, 3rd co., Legislative Decree 70/2003. For any requests, concerns or questions regarding the Terms and the Site you may contact us by sending an email to ciao@lumessentials.skin

All purchases of Products made through the Site (hereinafter “Purchase Contracts”) by users accessing it (hereinafter “Customers” or “Client”) are governed by these Conditions, as well as by the Consumer Code, Legislative Decree 206/2005, Distance Contracts Section and the rules of electronic commerce Legislative Decree 70/2003.

Personal data and information provided by Customers accessing the Site will be processed by Lumessentials in accordance with the provisions of current legislation on the protection of personal data (EU Regulation 2016/679 GDPR).

1. Permitted use of the Site

• 1.1 By placing an order from the Site, the Customer warrants that he/she is of legal age, possessing full legal capacity to place orders.
• 1.2 By placing an order from the Site, Customer agrees not to place false and/or fraudulent orders.
• 1.3 By placing an order from the Site the Customer agrees to place legally valid orders.
• 1.4 By placing an order from the Site the Customer agrees to provide us with his or her true and correct email address, mailing address, and other contact information.

2. Products

• Lumessentials offers for sale on the Website cosmetic skincare, body care products and related accessories under the Lumessentials brand name (hereinafter, “Products” or “Product”).
• 2.2 Prices, descriptions and availability of the Products offered by Lumessentials are specified in the respective sections of this Website.
• 2.3 Lumessentials makes every effort to describe and present the items sold on the Website in the best way possible. However, some errors, inaccuracies or minor differences between the site and the actual product may be highlighted. In case of differences, always rely on the label.
• 2.4 Photographs of products presented on Site do not constitute a contractual element, as they are only representative and are for illustrative purposes only.
• 2.5 Lumessentials makes no commitment to the correspondence of the visual representation of the Products on the Site with the actual Products.

3. Availability of the Products

• 3.1 The availability of the Products refers to the actual availability at the time the Customer places the order on the Site. However, such availability must be considered purely indicative due to the simultaneous presence on the Site of several potential buyers. Should a Product indicated as available at the time of the order by the Customer no longer be available due to the above, Lumessentials will duly inform the Customer by email to the address indicated by the Customer.
• 3.2 Notwithstanding all the foregoing, the Customer accepts that even following the sending of the order confirmation email by Lumessentials there may be sporadic cases of partial or total unavailability of the Products ordered. In this case, the Customer will be informed by email by Lumessentials which will ship the order within 60 days from the date of purchase by the Customer. Should the Customer request cancellation of the order, terminating the Contract, Lumessentials will arrange for a refund of the full amount paid within 30 days of receipt of the relevant notice of cancellation of the Customer’s order. The refund will be made using the same method adopted by the Customer for the payment of the order.

4. Prices of Products

• 4.1 The prices of the products offered for sale on the Site of Lumessentials are indicated in euros, inclusive of VAT and any other taxes and duties in force, but exclude delivery charges that are to be added to the total amount to be paid and any customs taxes and/or local tariffs that are the responsibility of the recipient.
• 4.2 The Customer accepts Lumessentials’ right to change the prices of the Products and the contribution for shipping costs at any time. For the purpose of payment by Customer of the amount of the relevant purchase order for the Products, the price indicated on the Site at the time of the creation of such order and set forth in the confirmation email sent by Lumessentials to Customer shall prevail.

5. Payment and Invoicing

• 5.1 Payment for purchased Products may be made online at the time of order. The Customer may choose from the following payment methods: credit card and Apple Pay. Lumessentials accepts the following credit cards: VISA, MASTER CARD, AMERICAN EXPRESS, POSTEPAY.
• 5.2 Credit cards will be subject to verification and authorization by the credit card issuer. Clicking “Authorize Payment” will confirm that you own the credit card. If such entity does not authorize payment, we will not be able to complete the Purchase Agreement with you and Lumessentials will not be responsible for any delay or non-delivery of the Products.
• 5.3 If payment is made by credit card pursuant to clause 5.2 above, Customer shall provide the requested data. It is understood that such data will be handled directly by the issuing institutions. In case of a positive outcome of the purchase transaction, the payment system will send the Customer an email confirming the successful transaction.
• 5.4 In case of payment by Apple Pay or Google Pay pursuant to Article 5.2 above, the Customer shall provide the requested data. It is understood that such data will be handled directly by Apple or Google.
• 5.5 Lumessentials will issue an invoice for the purchased Products, upon acceptance of the order by the courier, sending it by email to the Customer. No changes in the data will be possible after the invoice itself is issued.

6. Promotions and coupons

• 6.1 Any discount vouchers or promotional codes may be entered when the Customer completes the purchase order.
• 6.2 In the absence of specific notice, the discount voucher may not be combined.

7. Rejection of an order

• 7.1 Lumessentials reserves, in any event, the right to suspend or cancel, at its sole discretion and at any time, the execution of an Order and/or the shipment of the products ordered in the event of non-payment or partial payment of any amount charged to the Customer, in the event of late payment or in the event of fraud or attempted fraud through the use of the Lumessentials website.
• 7.2 Lumessentials reserves the right to refuse orders that come from a Customer who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments.
• 7.3 Lumessentials also reserves the right to refuse orders coming from Customers who have issued identification data that prove to be false, incomplete or otherwise inaccurate.
• 7.4 Lumessentials reserves the right to refuse the order sent by the Customer, at its own discretion, without the Customer having any claim whatsoever, for any reason whatsoever, including compensation, in case of non-acceptance of the order.

8. Product shipments, delivery and acceptance

• 8.1 The Products will be delivered to the address indicated by the Customer in the order and stated in the order confirmation transmitted by Lumessentials via email.
• 8.2 Delivery of the Products will be made by the method chosen by the Customer and the timing will vary depending on the delivery method chosen and the destination. The terms indicated at the time of the Purchase Order are purely indicative.
• 8.3 Lumessentials is excluded from any liability in case of delay in the execution of the order or delivery of the Products covered by the Purchase Agreements. If for any reason Lumessentials is unable to meet the delivery terms, we will inform you and give you the options to continue the purchase by setting a new delivery date or to cancel the order.
• 8.4 The Customer undertakes to check promptly and as soon as possible that the delivery includes all and only the Products purchased and to inform Lumessentials promptly of any defect in the products received or their discrepancy from the order placed, by appropriate notification (by sending an email to ciao@lumessentials.skin).
• 8.5 Shipping costs in Italy amount to € 6.90 including VAT for all orders of € 49.99 or less including VAT. Shipping costs in Italy are free of charge for orders with an amount of € 60.00 including VAT or more.
  Standard shipping times for orders in Italy are 48/72 h as far as working days, excluding islands. However, shipping times may be up to a maximum of 5 working days (excluding Saturdays, Sundays and holidays) due to exceptional events.
• 8.6 Shipping costs to Europe are €19.90 including VAT for all orders of €149.99 or less including VAT. Shipping costs to Europe are free of charge for orders with an amount of € 150.00 including VAT or more. We ship to: Belgium, France, Wales, Germany, England, Northern Ireland, Scotland, Austria, Luxembourg, Netherlands, Spain, Denmark, Finland, Greece, Ireland, Portugal (except Azores and Madeira), Sweden. Standard shipping times for orders within Europe are 8 to 10 working days (excluding Saturdays, Sundays and holidays).

9. Shipping costs, duties and taxes

• 9.1 The shipping costs of the Products are not included in the purchase price of the Products listed on the Site, but are indicated and calculated at the time of the conclusion of the purchase process and before the payment is made.
• 9.2 If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and reported in the order confirmation sent by email by Lumessentials, including indirect taxes (if applicable), is net of any customs duties and any other sales tax, which the Customer hereby undertakes to pay, if due, in addition to the price indicated in the order and reported in the order confirmation, in accordance with the legal provisions of the country to which the Products will be delivered.
• 9.3 Any and all additional costs, charges, taxes and/or levies that any country may apply, for any reason whatsoever, to the Products ordered on the Site under these General Terms and Conditions of Sale shall be borne exclusively by the Customer.
• 9.4 The Customer declares and accepts that the lack of knowledge – at the time of sending an order to Lumessentials – of costs, charges, duties, taxes and/or levies of any nature whatsoever shall not in itself constitute cause for termination of these General Terms and Conditions of Sale nor of the Contract and, in any event, the Customer shall not be able to charge the aforementioned charges to Lumessentials in any way.

10. Purchase Procedure

• 10.1 The Customer may begin the purchase process by selecting the products of interest and placing them in the appropriate “Shopping Cart”.
• 10.2 In order to proceed with the purchase of the Products, the Customer must fill in and send to Lumessentials the order form available on the Website, choose the delivery method and accept the contribution for delivery costs
• 10.3 Once this is completed, the Customer will display a screen containing a summary of the purchase order, including delivery charges, with a request for further confirmation to proceed with the purchase.
• 10.4 Following the display of the summary, the Customer shall select the desired type of payment and send the order by clicking on the appropriate button.
• 10.5 The submission of the order by the Customer determines the conclusion of the contract and gives rise to the Customer’s obligation to pay price, taxes and any additional charges and expenses.
• 10.6 On the Site, the function of purchasing Products as a guest is available, in which only those data essential to process the Order are requested. Upon completion of the purchase process, you will be offered the option to register as a user or continue as an unregistered user.

11. Method of completion of the contract

• 11.1 All information made in the Conditions does not constitute an offer to the public, but an invitation to the establishment of a contractual proposal.
• 11.2 The order sent by the Customer has the value of a contractual proposal and implies full knowledge and acceptance of the Conditions.
• 11.3 The Purchase Contract between Lumessentials and the Customer shall be deemed concluded with the sending by Lumessentials of the acceptance of the order communicated by email to the Customer’s address (hereinafter “Order Confirmation”). The email will contain, in addition to the information required by law, all the data entered by the Customer who agrees to verify the correctness and promptly communicate any error. Possible additional expenses caused by errors in the data not promptly reported by the Customer will be the sole responsibility of the latter.

12. Force majeure

Lumessentials will not be liable for any failure or delay caused by events that are beyond its control. Force Majeure Events means any act, event or incident beyond all control, including but not limited to: natural disasters, terrorist acts, strikes, blackouts; unforeseeable or unavoidable events that cause delivery delays or make deliveries impossible.

13. Consumer-only withdrawal address

• 13.1 In accordance with the legal provisions in force, the Customer who is also “consumer” pursuant to the Consumer Code, you have the right to withdraw from the Purchase Agreement without penalty and without specifying the reason within 14 days from the date of receipt of the Products. Pursuant to art. 59 of the Consumer Code (D. Lgs. n. 206 of 2005 and s.m.i), the right of withdrawal under this article is excluded in case of purchase of sealed Products that are not suitable to be returned for reasons related to hygiene or health protection and have been opened after delivery (art. 59, lit. E of the Consumer Code).
• 13.2 It is understood that in the case of multiple purchases made by the Customer, which is also “consumer” within the meaning of the Code of Consumption, with a single order and delivered separately for any reason, the 14-day period will start from the date of receipt of the last Product purchased with the same order.
• 13.3 The Customer, who is also a “consumer” within the meaning of the Consumer Code, who intends to exercise the right of withdrawal must inform Lumessentials by means of an explicit declaration, which must be sent by email to ciao@lumessentials.skin
• 13.4 In case of exercise of the right of withdrawal, the Customer is required to return the Products within 14 days from the day on which they have informed Lumessentials of their wish to withdraw from the Contract. The products must be returned to the address specified by Lumessentials, using a carrier of choice, without undue delay and in any case within 14 days from the day on which the Customer has communicated their decision to withdraw from the Contract; The direct costs of returning the Products are borne by the customer.
• 13.5 The Products must be returned intact, in their original packaging, complete in all their parts (packing and any documentation and accessory equipment) and all the accompanying tax documents.
• 13.6 The refund will be refused if: 1) the Product is returned damaged and/or worn; 2) the Product has been visibly used; 3) an article other than the Product to be returned is returned.
• 13.7 Subject to the right to verify compliance with the return conditions set out above, Lumessentials will reimburse the amount of the products subject to withdrawal, excluding the costs of return, within a maximum period of 14 days.
  It is understood that Lumessentials may suspend the refund until receipt of the Products and verification of correct compliance by the Customer with all return conditions.
• 13.8 Lumessentials will arrange the refund using the same payment method chosen by the Customer at the conclusion of the Contract.

14. Disclaimer and liability of Lumessentials

• 14.1 The Customer is requested to make sure that he is not allergic to any of the ingredients of the Products before application. Lumessentials shall not be held responsible for any reaction to the ingredients of products sold. None of the Products shall be used in place of clinical/medical treatments. Any recommendations for use on the Site are for information purposes only.
• 14.2 Lumessentials tries to present the Products on the Site in the most truthful and accurate way possible. However, the display of the colors of the Products also depends on the user’s monitor and, consequently, Lumessentials cannot guarantee that the Customer’s monitor will portray the colors of the Products in a way that is perfectly faithful to reality.
• 14.3 Except in cases of intent or gross negligence, Lumessentials will not be liable to the Customer in any way as a result of:
  • damage or loss of any nature, including but not limited to direct, indirect, incidental and consequential damages arising directly or indirectly from the use or inability to use the Site;
  • damage or loss of any kind, including but not limited to direct, indirect, incidental and consequential damages arising directly or indirectly from the
  Products (or their use by the Customer), without prejudice to the application of the mandatory rules of law on producer responsibility;
  • Damage that has not been caused by serious breach of duty;
  • loss of business or trading opportunities.
  Within the limits set out above, Lumessentials’ liability may not exceed the price paid by the Customer for the Product that caused the claimed damage.

• 15.1 The Products offered on the Site comply with national and Community legislation.
• 15.2 If you consider that at the time of delivery the Product does not conform to what is provided in the description published on the Site, and in any case to what is stipulated in the contract, and in the event of a defective or defective Product, the Customer shall be entitled to reimbursement of the price paid for the Product if the non-conformity, failure or defect is actually existing. To this end, the Customer must immediately contact Lumessentials by sending an email to ciao@lumessentials.skin. Consequently, after the verifications of the case, the procedure in which the refund will be made will be communicated.
• 15.3 The provisions on the legal guarantee of conformity of goods provided for by applicable legislation and in particular by the Consumer Code (D.lgs. 206/2005, Part IV, Title III, art. 128 et seq.) are unaffected in any case.

16. Communications and complaints

• 16.1 All communications addressed to Lumessentials should be sent through the appropriate tools present within the Site.
• 16.2 Lumessentials reserves the right to send any communication by email or post to the address provided at the time of placing the order.

17. Intellectual property right

• 17.1 All content on the Site and on the Products such as copyright, Trademarks and any intellectual property rights in the contents and materials of the Site are owned by Lumessentials and are protected by copyright and other intellectual property laws. Any use, even partial, of the same is forbidden without prior written authorization from Lumessentials, in favor of which are reserved, exclusively, all the related rights.
• 17.2 Any use of the contents and materials of the Site that is intended to train artificial intelligence (AI) systems, as well as the use of automated data scraping means, is strictly prohibited.
• 17.3 Lumessentials has the right, at any time, to claim ownership of any Content posted on the Site and the Products and to object to any use, distortion or other modification of such Content.

18. Partial nullity

In the event that any provision of the Terms, or part thereof, is invalid, unlawful or unenforceable by the Competent Authority, even in part, or there is a gap in the provisions of the Terms and/or the contract, The remaining provisions shall in any case remain valid, effective and enforceable.

19. Applicable law and court

• 19.1 The General Conditions and any purchase contract concluded between the Parties are governed by Italian law, without prejudice to any other mandatory law prevailing in the country of residence of the Customer.
• 19.2 In the event of a dispute arising from the interpretation and/or application of the General Conditions, the Consumer’s Court, that is to say the court of the place of residence or domicile of the Customer, if located in the Italian territory shall be competent.

20. Complaints

For any complaint, please contact Lumessentials by sending us an email to the following address ciao@lumessentials.skin.
The customer service will handle the complaint received as soon as possible and, in any case, in compliance with the legally required deadlines.

21. Privacy

The Customer must read the privacy policy provided on the E-commerce in the Privacy Policy area.