Effective Date: 8 February 2022
This page (together with the documents expressly referred to on it) provides you with information about us and the legal terms and conditions ("Terms") on which we sell any of the products ("products") advertised on our website ("our site") ("products") and/or provide any of the products via one of our subscription plans ("subscription plans") listed on our site to you.
These Terms will apply to any contract between us for the sale of products or the provision of subscription plans to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any products and/or subscription plans from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any products and/or subscription plans from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time as referred to in clause 9. Every time you wish to make an order, please check these Terms to ensure you understand the terms of your order which are applicable at that time.
These Terms, and any Contract between us, are only in the English language.
- INFORMATION ABOUT US
We operate the website www.lumitylife.co.uk. We are Lumity Life Holdings Limited, a company registered in England and Wales under company number 09443244 and with our registered office at 83 Baker Street, London, W1U 6AG and wholly owned subsidiary for EU trade, Lumity Life (Europe) Limited, a company registered in Ireland under company number 690326 and with our registered office at 12 Crowe St, Dundalk, Louth, A91 NN29.
From 1 May 2021 EU customers contract with Lumity Life (Europe) Limited. All other customers contract with Lumity Life Holdings Limited.
- COMMUNICATIONS BETWEEN US
If you wish to contact us email email@example.com or call Client Care on 0800 652 8678.
If we have to contact you or give you notice in writing, we will do so via the email provided at the time of placing your order.
- YOUR STATUS
In order to place an order on our site, you must be a consumer, not a business or a reseller and be at least 18 years of age.
- OUR PRODUCTS
The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images.
Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
The packaging of the products may vary from that shown on images on our site.
All products and subscription plans shown on our site are subject to availability. We will inform you by email as soon as possible if the product or subscription plan you have ordered is not available and we will cancel and refund your order.
We reserve the right to cancel any customer orders or subscription plans at any time before a Despatch confirmation is sent to the customer. You shall be entitled to a full refund if we exercise the right to cancel your order after payment has been taken during the checkout process.
Content on our site is not intended to constitute medical or pharmaceutical advice, or to be a substitute for any advice given by a licenced healthcare professional. You should contact your medical practitioner immediately if you suspect you have a medical problem, and stop using any products or subscription plans that you suspect may contribute to the problem or if you experience any adverse effects. You should not use any information or statement about any of our products or subscription plans to attempt to diagnose, treat, cure or prevent any medical condition.
- USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
- HOW WE USE YOUR PERSONAL INFORMATION
- CONSUMER RIGHTS
As a consumer, you have legal rights in relation to products and/or subscription plans that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. You also have a right to cancel the Contract as set out below in clause 10.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
To place an order on our site, simply click the product or subscription plan of your choice and go through the checkout procedure.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 8.4.
We will confirm our acceptance to you by sending an email that confirms that the products or, where you have ordered a subscription plan, the first delivery of products, have been Despatched ("Despatch Confirmation"). The Contract between us will only be formed when we send you the Despatch Confirmation. Once the order has been Despatched, you may cancel the contract and return the products for a refund as described in clause 10.
If at any time prior to sending the Despatch Confirmation, it becomes apparent that we are unable to supply you with a product or subscription plan, for example because a product is not in stock or no longer available, or because of an error in the price on our site as referred to in clause 13.6, we will inform you of this by email and we will not process your order. In such cases, we will refund you the full amount including any applicable delivery costs charged as soon as possible.
- OUR RIGHT TO VARY THESE TERMS
We may revise these Terms from time to time.
Every time you order products or subscription plans from us, the Terms in force at that time will apply to the Contract between you and us.
Whenever we revise these Terms in accordance with this clause 9, we will keep you informed and give you notice of this by stating that these Terms have been amended.
If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected products and/or subscription plans or just the products and/or subscription plans you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant unused products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges, in respect of such unused products.
- YOUR CONSUMER RIGHT OF CANCELLATION
We are happy to refund or exchange any product returned to us within the relevant period detailed in clause 10.2, provided the product(s) is in its original packaging, unopened and unused. You must contact firstname.lastname@example.org to notify us of your return. The price of the product and original shipping costs (if applicable) are refundable but return shipping costs are non-refundable and are at your own expense.
All returns should be sent, including a copy of your receipt (or a note with your order number, name and address) and reason for return to the below address;
UK and non EU: LUMITY RETURNS, C/O James and James Fulfilment, Rhosili Road, Brackmills Industrial Estate, Northampton, NN4 7JE, UK
EU: 2Flow (Lumity Returns), Unit C1, North City Business Park, North Road, Co. Dublin, D11 RW30, Ireland
If you have any questions please call us on 0800 652 8678 or email us at email@example.com
Note that where you have purchased one of our products from a Third Party retailer, you should contact them should you wish to return said product.
If you are a consumer, you have a 14 day legal right to cancel a Contract (“Cancellation Period”) from the day you take receipt of the products under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This means that during the Cancellation Period if you change your mind or decide for any other reason that you do not want to keep a product you can notify us of your decision to cancel the Contract.
You have a further 14 days after the Cancellation Period to return the products to us as detailed in Clause 9.1.
A refund shall be issued within 14 days of receipt of the returned products. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
To cancel a subscription plan at any time, you can do so through your account on our website, or by contacting Client Care via email at firstname.lastname@example.org or by phone on 0800 652 8678 Monday - Friday 9am - 6pm and Saturdays 9am-3pm.
If you would like to cancel an upcoming subscription order and ensure we do not charge your account, you must give us at least 1 working day's notice ahead of your upcoming order date to allow us to postpone or cancel your order. Therefore, if you have an order due to ship on Monday and do not want it to go ahead, you must let us know no later than 5 pm the previous Friday (excluding Public Holidays).
If a product is faulty, mis-described or damaged, you have 30 days to notify us, return the goods and claim a refund of a defective product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us at the address specified in clause 10.1.
If you notify us of the defective goods after 30 days we shall provide you with a replacement product in line with the Consumer Rights Act 2015.
You are required to provide photographic evidence of any claimed defects when notifying us of a defective product under clause 10.4.
We will refund you on the credit card or debit card used by you to pay.
Any refund beyond the normal cancellation period will be entirely at our discretion.
We aim to deliver products within 30 days of the date of the Despatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 18 for our responsibilities when this happens.
Delivery of all products will be completed when we deliver the products to the address you gave us and the products will be your responsibility from that time. Proof of delivery shall be provided by our shipping partner which shall be conclusive evidence of delivery.
You own the products once we have received payment in full, including all applicable delivery charges.
- SHIPPING POLICY
We only accept orders from residents in the following regions and countries:
European Union (excluding Malta, Cyprus and certain Islands - Azores, Madeira, Canary and Balearic Islands)
United Arab Emirates
Isle of Man
US and Canadian residents may order using www.lumitylife.com.
We are unable to accept orders from residents living in the Rest of the World. In such cases, you will receive a message during checkout that we are unable to deliver to your chosen destination.
Our up to date delivery information and charges can be found here.
If you would like any additional information about deliveries e-mail email@example.com.
All orders are processed between Monday and Friday. Orders must be placed before 12pm (GMT) in order for us to ship your product on that day. Same day shipping is not guaranteed.
You must comply with all applicable laws and regulations of the country for which the products are destined regarding the use to which the products are put. We will not be liable or responsible if you break any such law.
- PRICE OF PRODUCTS, SUBSCRIPTION PLANS AND DELIVERY CHARGES
The prices of the products will be as quoted on our site at the time you place your order. We reserve the right to amend prices at any time on our site. We use our best efforts to ensure that the prices are correct at the time when the relevant information is posted on our site. However, if we discover an error in the price of any product(s) and/or subscription plan(s) you have ordered, please see clause 13.6 for what happens in this event.
We may change the price of any subscription plan by giving you a minimum of 30 days' notice. We shall inform you of any such change to the price of a subscription plan by email to the address you provided us when purchasing your subscription. Any amended prices will take effect from the effective date of the price change per the email. You shall have the right to cancel your subscription as detailed in clause 10.3. If you do not cancel your subscription, you agree that the amended price shall apply from the effective date.
The price of a product or subscription plan includes VAT (where applicable) at the applicable current rate chargeable in the UK and EU for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
If your delivery address is outside of the EU, you may be required to pay import duties and taxes when your order reaches your country. These and any additional charges for customs clearance are your responsibility. Orders to the EU are Despatched from our subsidiary Lumity Life Europe within the EU so you will not be charged import duties or sales taxes at the point of receipt. UK and Rest of the World orders are Despatched by Lumity Life Holdings Limited from the UK.
Delivery charges apply according to the value or the order and shipping address. Delivery charges are detailed in clause 12.2.
It is always possible that, despite our best efforts, some of the products or subscription plans on our site may be incorrectly priced. We will normally check prices as part of our Despatch procedures so that where a product or subscription plan’s correct price is less than the price stated on our site, we will charge the lower amount when Despatching the products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products or subscription plans to you at the incorrect (lower) price and if the product or subscription plan’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the product or subscription plan at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
- HOW TO PAY
You can only pay for products or subscription plans using a debit or credit card.
We accept the following cards for one off purchases: Visa, Mastercard, or American Express. In addition you may pay via your Paypal account, Apple Pay or Amazon Pay which removes the requirement to enter your credit or debit card details into our site.
We accept the following cards for subscription purchases: Visa, Mastercard and American Express. In addition you may pay via your Paypal account or Apple Pay if this is the method chosen at the point of purchase. It is not possible to add Paypal or Apple Pay as the payment method to an existing subscription plan.
Payment for the products, subscription plans and all applicable delivery charges is made in full and in advance.
By subscribing to a subscription plan, you authorise us to use the card details you provide to us to take an initial payment for the first order of the subscription plan. Thereafter, unless you cancel the Contract under clause 10.3 we shall take recurring payments for the relevant subscription fee at the agreed frequency renewal date which is visible in your account. If your card expires at any time, or we are otherwise unable to take payment from it, you must provide us with an alternative payment method in order to continue your subscription. We reserve the right to suspend the subscription of any customer that has not paid all of their subscription fees.
- SUBSCRIPTION PLANS
If you order a subscription plan, you will:
receive regular deliveries of product in accordance with the chosen frequency; and
have access to create an account on our site, through which you can amend or edit your delivery and billing details, and defer your subscription delivery dates or cancel subscription plans. An account is not automatically created on the completion of a purchase. You are responsible for actively creating an account either before or after the purchase of a subscription plan on our site.
Unless you cancel your subscription plan, by following the process in clause 10.3, the subscription plan will automatically renew for successive renewal periods of the same duration as the period you initially selected, at the existing non promotional subscription price as advertised within the Shop area of our website.
We reserve the right, at our absolute discretion, not to renew your Contract for a subscription plan. If we choose not to renew your Contract, we shall be under no obligation to give you reasons for our refusal.
- DISCOUNT CODES AND OFFERS
Discount codes shall apply to the first charge only unless stated otherwise, are subject to availability, and can be taken down without notice. Discount codes may not be used in combination with any other promotions or any products which are already discounted. We reserve the right to cancel any order due to ineligible use of discount codes and other offers.
The terms and conditions that apply to any specific discount code or offer may be requested by emailing firstname.lastname@example.org or calling Client Care on 0800 652 8678
- LUMITY REWARDS
We reserve the right at our sole discretion to modify, suspend or cancel Lumity Rewards accounts, without notice for any conduct that we, in our sole discretion, believe is in violation of acceptable usage of our Rewards Program. We also reserve the right to revoke reward points, cancel redemption orders or remove referral discounts if we feel the participant has tried to abuse the Lumity Life Rewards program in any way.
- GIFT CARDS
All purchases using gift cards are subject to product availability. Gift cards and products purchased via gift cards cannot be returned in exchange for cash. Gift cards are redeemable on the website of purchase and not through 3rd party suppliers.
- MEDICAL ADVICE
Our products are not intended to treat, cure or prevent any disease, nor is the information supplied on our website or other promotional material intended to replace the individual advice available from your own doctor. If you have a recurring health problem that concerns you, always tell and seek advice from your doctor. If you are taking prescription medicine, please consult your doctor or pharmacist before taking our products. If you experience an adverse reaction, stop taking our products and seek medical advice
- OUR LIABILITY TO YOU AS A CONSUMER
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only supply products for domestic and private use. You agree not to use any of our products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or
defective products under the Consumer Protection Act 1987.
- EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 21.2.
An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
we will contact you as soon as reasonably possible to notify you; and
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.
- OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Please note that these Terms are governed by English law. This means a Contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction, however we reserve the right to bring proceedings against customers in their country of residence.
We will not file a copy of the Contract between us.
TERMS OF WEBSITE USE
Lumity Life Holdings Limited and Lumity Life (Europe) Limited for EU resident customers (“We”) welcome you to our website (our site) located at www.lumitylife.co.uk or any subsequent URL which may replace it in the future.
By using our site you acknowledge that you have read, understood, and agreed to be bound by these terms.
If you do not agree to these terms, you should not use or access this site. If you have any questions, please contact us by email at help.uk@LumityLife.com.
- OTHER APPLICABLE TERMS
If you purchase goods from our site, our Terms and Conditions of Supply will apply to the sales.
- INFORMATION ABOUT US
Lumity Life Holdings Limited are registered in England and Wales under company number 09443244 and have our registered office at 83 Baker Street, London, W1U 6AG. Lumity Life (Europe) Limited are registered in Ireland under company number 690326 and with our registered office at 12 Crowe St, Dundalk, Louth, A91 NN29.
- CHANGES TO THESE TERMS
We reserve the right to revise these terms at any time by updating this page. You are encouraged to review these terms each time you use the site because your use of the site after the posting of changes will constitute your acceptance of the changes.
- CHANGES TO OUR SITE
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
- ACCESSING OUR SITE
Our site is made available free of charge.
We grant you a personal, limited, non-transferable and non-exclusive license to access and use the site. We reserve the right, in our sole discretion and without notice to you, to suspend or discontinue any aspect of the site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the site or restrict your access to part, or all, of the site without notice or penalty. Your continued use of the site will constitute your acceptance of any such changes.
You are responsible for making all arrangements necessary for you to have access to our site.
- MEMBERSHIP OF THE SITE
You are invited to become a registered user of this site by signing up to a customer account.
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your user name or password. You agree to immediately notify us in the event of any unauthorised use of your account or other breach of security.
If you know, or suspect that anyone other than you knows your user name or password, you must promptly notify us at email@example.com.
- PROPRIETARY RIGHTS
You acknowledge and agree that the content (other than content that may be submitted by other registered users of our site), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the site are our property or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws.
You may view, print and download the contents for personal use only. The contents must not be used for commercial purposes or incorporated in any publication in any form, without obtaining a licence to do so from us or our licensors. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the site.
Our status (and that of any identified contributors) as the authors of the content on our site must always be acknowledged.
“Lumity” is a registered trademark in the European Union protected by UK and international trademark laws with trade mark number 014266696. All other trademarks that appear at our site are the property of their respective owners. All of our site’s content is © Lumity Life Holdings Limited, 2022, all rights reserved.
You assume all responsibility and risk with respect to your use of the site.
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
The site, and all content, products, and other information on or accessible from or through this site or a “linked” site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. Specifically, but without limitation, we do not warrant that: (1) the information on this site is correct, accurate or reliable; (2) the functions contained on this site will be uninterrupted or error-free; or (3) defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components.
We make no warranties of any kind regarding any non-Lumity Life sites to which you may be directed or hyperlinked from this site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Lumity Life sites. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the site.
- LIMITATION OF LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by us to you, which are set out in our Terms and conditions of supply.
To contact us, please email firstname.lastname@example.org.
Thank you for visiting our site.