1. INTRODUCTION

1.1 These Terms govern the use of the website located at www.thelumiclub.com/uk, including accessing, browsing, or registering to use the site, whether as a guest or a registered user. The Terms are together with the documents referred to on the page.

1.2 Before using the Site, please read these Terms carefully. By using the Site, you indicate your acceptance of these Terms and your agreement to abide by them. If you do not agree to these Terms, please refrain from using the Site. We recommend that you save a copy of these Terms for future reference.

1.3 If you purchase any products via our Site, your purchase will also be governed by our conditions of sale.

2. Information about us

2.1 We are Kylmäkorpi sp. z o.o., and we operate the website www.thelumiclub.com/uk.

2.2 Our company is registered in Poland under company number (NIP) 7831857847 and (REGON) 522131732 and our registered office is at Lobo Park, ul. Bałtycka 6, 61-013 Poznań, Poland. Our VAT number is PL7831857847.

3. Accessing our site 

3.1 You may use our Site only for personal, non-commercial use.

3.2 You must be 18 years of age or older to use our Site and services.

3.3 We may withdraw (temporarily or permanently) or amend the service we provide on our Site without notice. We will not be liable if, for any reason, our Site is unavailable at any time or for any period.

3.4 From time to time, we may restrict access to some parts of our Site, or our entire Site, to both registered and guest users.

3.5 You are responsible for making all arrangements necessary for you to have access to our site, including all hardware, software, and virus protection software. You must ensure that all persons who access our Site through your internet connection are aware of these Terms and comply with them.

4. Registration and provision of information 

4.1 You may register or provide your details to us to purchase goods through our Site, receive additional information and services for registered users, and access restricted areas of our Site. You must not provide false information about yourself or impersonate any other person.

4.2 By registering on our Site, you agree that:

1. your account and password are personal to you and may not be used by anyone else to access our Site;
2. you will maintain the confidentiality and security of your username, password(s), and any other information provided as part of our security procedures;
3. you will not share or disclose your information to any third party;
4. you will notify us immediately of any unauthorised use of your account and/or password; and
5. you will notify us immediately of any changes to your details by contacting our Customer Service Representatives by email to support@thelumiclub.com/uk.

5. Termination and/or suspension of registration

5.1 You may terminate your account at any time by your account profile or sending an email to support@thelumiclub.com/uk.

5.2 We reserve the right to suspend or terminate your registered account at any time if you fail to comply with any of the provisions of these Terms or for any other reason, at our sole discretion.

6. Prohibited uses of our site 

6.1 Our Site may only be used for lawful purposes. By using our Site, you agree not to infringe the privacy or other rights of other users or any third party, and not to engage in any criminal or unlawful activity, or cause harm or inconvenience to any other person. You must not engage in any behaviour that could damage our reputation, or subject us or our Site to any derogatory treatment. Additionally, you must not use our Site to send spam or any other form of unsolicited or unauthorised advertising or promotional material. You may not suggest or imply any commercial relationship with us or claim to be our agent or that we have endorsed any submission you make to our Site. You must not knowingly transmit any harmful computer code or viruses, or copy any part of our Site in contravention of these Terms.

6.2 You must not attempt to access any users’ data or cause damage to our Site or servers. You must not launch a denial-of-service or distributed denial-of-service attack on our Site. Any breach of this provision is a criminal offence under the Computer Misuse Act 1990. If we become aware of any such breach, we will report it to the relevant law enforcement authorities and disclose your identity to them. Your right to use our Site will immediately cease in such an event.

7. Our content and intellectual property rights 

7.1 We own all copyright and other intellectual property rights in the artwork, graphics, text, video and audio clips, trademarks, logos, and other content available on our Site (“Content”), or we use it with permission.

7.2 You may download extracts or print a copy of any page(s) from our Site for your personal reference only. However, you must not incorporate any Content available on our Site into any other work, including your website, or use it in any public or commercial manner.

7.3 Without a licence from us or our licensors, you may not post or redistribute any portion of our Site. You must acknowledge us as the authors of the material on our Site, including any identified contributors. We retain complete title to all such Content, including any downloadable software or code, any images generated by the software, and all accompanying data. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form.

7.4 Your right to use our Site will cease immediately if you print off, copy or download any part of it in breach of these Terms. You must return or destroy any copies of the materials you have made at our option.

8. Our site changes regularly 

We aim to update our Site regularly, and we may change the content at any time. We reserve the right to suspend access to our Site or close it indefinitely. Any material on our Site may be out of date at any given time, and we have no obligation to update it.

9. Liability for loss or damage

9.1 We shall not be held liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising from your use of, or inability to use, our Site, or from your reliance on any content displayed on our Site.

9.2 Our Site is intended for domestic and private use only. We shall not be liable for any indirect or consequential loss or damage, including but not limited to loss of profits, sales, business, revenue, anticipated savings, business interruption, business opportunity, goodwill, or reputation resulting from your use of our Site for any commercial or business purposes.

9.3 While we make reasonable efforts to keep the information on our Site accurate, complete, and up-to-date, we make no guarantees, conditions, or warranties, whether express or implied, about the content displayed on our Site.

9.4 We shall not be liable for any loss or damage resulting from a denial-of-service or a distributed denial-of-service attack, viruses, 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 material posted on it, or on any website linked to it.

9.5 Nothing in these Terms shall affect our liability for death or personal injury arising from our negligence or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be legally excluded or limited.

9.6 If we supply any goods to you, different limitations and exclusions of liability will apply to liability arising as a result of that supply, which will be set out in our Terms and Conditions of Sale.

10. Reliance on information posted 

Any commentary or materials posted on our Site are provided for general information purposes only and are not intended to be relied upon as advice. In particular, the information on our Site should not be used as a substitute for advice from a medical professional. We shall not be liable to you or any other person for any loss or damage resulting from reliance on such materials.

11. Events or circumstances beyond our control 

We shall not be held liable in any way for any loss, damage, or expense you may incur as a result of any failure or delay in performing our obligations under these Terms due to circumstances beyond our control. Such circumstances include but are not limited to vandalism, accident, breakdown, or damage to machinery or equipment, fire, flood, acts of God, strike, lock-out, epidemics, pandemics, or other industrial disputes (whether or not involving our employees) or shortage of materials or fuel at the market rates existing when the order is accepted, legislative or administrative interference.

12. Your responsibility for any loss or damage suffered by us

You shall indemnify us and be responsible for any loss or damage we suffer from all claims costs, proceedings, damages, and expenses (including legal and other professional fees and expenses) awarded against or incurred or paid by us as a result of or in connection with any breach by you or any user of your account of these Terms or our Privacy Policy.

13. How to Link to Our Site

13.1 You are allowed to link to our home page as long as you do it in a fair and legal manner that does not damage our reputation or misrepresent any association, approval or endorsement on our part that does not exist.

13.2 You are not permitted to link to our site from any website that you do not own.

13.3 You may not frame any part of our site on another website, and you can only link to our home page. We may withdraw linking permission without any prior notice, and the website from which you link must comply with our terms and conditions.

13.4 If you wish to use any material on our site in any other way than what is set out above, please contact us at support@thelumiclub.com/uk.

14. Links from Our Site

We may provide links to third-party sites and resources on our site for your information only. We have no control over the content of those sites or resources, and we do not endorse or make any warranties or representations about those products or services. Therefore, we accept no responsibility for any loss or damage that may arise from your use of them. You must make your own decision whether to use third-party products, services, and websites.

15. Your Privacy and Our Use of Cookies

15.1 Any personal data that you provide us through our site will be used only in accordance with these Terms and our Privacy Policy. Please ensure that you have read our Privacy Policy before proceeding.

15.2 We use cookies, which are small data files sent to your browser from a web server and stored on your device’s hard drive, like many online services. The term “cookies” also refers to other ways of automatically accessing or storing information on your device. Please refer to our Cookie Policy for detailed information about the types of cookies we use, their purposes, and how to manage them. Your data processing is in accordance to current law listed in RODO.

16. Other important terms

16.1 We will send any notices or communications to the email address you provided. Similarly, you must communicate with us using the methods outlined in these Terms. If we send an email or use the Quick Enquiry form, it will be deemed received 48 hours after sending. If we send something by first class post, it will be deemed received the next working day. Notices on our Site will be deemed received when you next use our Site, unless we state otherwise.

16.2 If any part of these Terms is found to be illegal by a court, the rest of the Terms will remain valid. Each clause of these Terms operates separately, and if any part is found to be unlawful, invalid, or unenforceable, this will not affect the other clauses.

16.3 Even if we delay enforcing these Terms, we can still enforce them later. Failure to enforce your obligations or our rights does not mean we have waived them.

16.4 You need our written consent to transfer your rights or obligations to someone else.

16.5 We may transfer our rights and obligations to any company within our group without further consent from you.

16.6 Only you and we (and any company within our group) can enforce these Terms.

16.7 We may revise these Terms at any time by amending this page. You should check this page periodically as changes are binding.

16.8 If you have concerns about any material on our Site, contact support@thelumiclub.com/uk.

16.9 Visit the official Online Dispute Resolution website managed by the European Commission to resolve disputes out-of-court.

16.10 The courts of Poland have exclusive jurisdiction over any claim related to a visit to our Site, and these Terms are governed by Polish law.

TERMS AND CONDITIONS OF SALE

1. These terms

1.1 Scope of these terms: These Terms and Conditions of Sale (“Terms”), along with all associated information and documents, govern the sale of products (“Products”) by us via this website (“Website”) to you.

1.2 Importance of reading these terms: Please read these Terms carefully, particularly the limitations of our liability, before placing an order. These terms explain who we are, how we will provide products to you, how you and we may change or terminate the contract, what to do if there is a problem, and other essential information. If you believe that there is an error in these terms, please contact us to discuss.

1.3 Acceptance of these terms: By placing an order for a Product through our Website, you agree to and accept these Terms. We recommend that you print or save a copy of these Terms for future reference.

1.4 Eligibility: To purchase Products via the Website, you must be 18 years of age or older and have a registered postal address in the country where you are ordering from.

1.5 Amendment of these terms: We may modify these Terms from time to time. Every time you order a Product, please check these Terms to ensure you understand the terms that apply at that time.

1.6 Website terms of use: Your use of our Website is subject to our website Terms and Conditions. Please read these, as they include important terms that apply every time you visit this Website.

2. Information about us

2.1 Our identity: When you buy a Product through our Website, you are contracting with Kylmäkorpi sp. z o.o, a company registered in Poland under company number 7831857847, with its registered office at Lobo Business Park, ul. Bałtycka 6, 61-013 Poznań, Poland (“we,” “our,” or “us”). Our VAT registration number is PL7831857847.

2.2 How to contact us: To contact us, please see our Contact Us page, call our Customer Support team at +48 61 625 5000, or email us at support@thelumiclub.com/uk.

2.3 How we may contact you: If we need to contact you, we will do so by phone or by writing to you at the email address or postal address you provided to us in your order. “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.

3. Our products

3.1. Variations may occur: The Products available on this Website are described accurately. However, please note that the images of the Products and packaging on the Website are for illustrative purposes only. There may be slight variations between the delivered Product and its packaging, and the images on the Website. Before placing an order, please ensure that you have checked the Product description on the Website.

4. How to order

4.1. Age requirement: We only accept orders from individuals who are 18 years old or above and have a registered postal address.

4.2. Payment method: To place an order, you must hold a valid debit/credit card and provide its details (please refer to clause 10 Creating an Account below). The entity providing online payment services is PayU SA.

Available payment methods:

Credit cards:
Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro.

4.3. Ordering process: You may place an order for a Product through our online order process on the Website. The Website provides instructions on how to complete the order process and how to check and amend any errors before submitting your order to us. At the end of the order process, you will be required to make payment through the online payment facility. Your order will be submitted to us once you click on the “Pay Now” button. Your order constitutes an offer to purchase a Product from us.

4.4. Payment authorization: By placing an order, you authorise us to charge your payment card immediately for the purchase price. We are entitled to rely on your order as an instruction to take payment.

4.5. Unaccepted orders: If we are unable to accept your order, we will notify you and will not charge you for the Product. This may occur if the Product is out of stock, if we have unexpected resource limitations that we could not reasonably anticipate, if we have identified an error in the Product’s price or description, or if we are unable to meet a delivery deadline specified by you.

4.6. Availability of Products: All Products displayed on the Website are subject to availability. If the Product you have ordered is not available, we will notify you via email as soon as possible and will not process your order.

4.7. If there is a need to refund funds for a transaction made by the customer with a payment card, the seller will refund the funds to the bank account assigned to the Ordering Party’s payment card.

4.8. The order processing time is counted from the moment of obtaining positive payment authorisation. Order processing time is max 48h of business days.

4.9. Authorization for payment: We will request payment authorization from your card when you place an order. If we do not receive the authorization or have reason to believe that payment will be declined, we reserve the right to reject your order.

4.10 Failed payment: If payment fails for any reason, you agree to compensate us in full for all reasonable costs, expenses, and outgoings we incurred in attempting to obtain payment from you.

4.11. Subscription payment: If you choose a subscription option while making a purchase on our Site, your card details will be saved and charged monthly. PayU will store your card details and provide a token tool (virtual card identification) for you to make subscription payments to us with a unique identification assigned to you.

5. Pricing

5.1. VAT and delivery costs included: The prices stated on the Website are in pounds sterling or euro and already include VAT, taxes and delivery charges.

5.2. Where to find the price: The price of a Product is as shown on the Website at the time we accept your order. Prices may change without prior notice, but we will not modify the price for any order already accepted. However, if the VAT rate changes between the order and delivery date, we will adjust the amount of VAT you pay, unless you have already paid for the Product in full before the change takes effect.

5.3. Incorrect prices: Despite our efforts, there may be instances where a Product on our Website is priced incorrectly. If we identify an error in the price of a Product you ordered, we will inform you of the mistake and offer you the option to either proceed with the purchase at the corrected price or cancel the order. If you do not respond within 7 days, we will cancel the order and notify you in writing.

5.4 Subscription: We may change the price of your ongoing subscription at any time. The price can be influenced by various factors such as rise of VAT, duty, shipping costs etc. 

7. Delivery and shipping

6.1. Delivery to UK only: Products will only be delivered to postal addresses within the UK, including Northern Ireland.

6.2. Delivery cost and method: The delivery cost is always included in the final price of the product.

6.3. Estimated dispatch timings: We will provide estimated dispatch timings on the Website, which are not guaranteed. We will send you an email confirmation when your Product has been dispatched. 

6.4. Delays outside of our control: If the supply of the Products is delayed by an event outside our control, we will contact you as soon as possible to minimise the effect of the delay. If you do not receive your Product within 5 working days of dispatch confirmation, please notify our customer services team.

6.5. Responsibility for Products: The Products become your responsibility once they have been delivered to the address specified in your order.

6.6. Ownership of Products: You will own the Products once we have received payment in full.

6.7. Delivery to absentees: If no one is available at the delivery address to take delivery and the Products cannot be posted through the letterbox, we will leave a note informing you of how to rearrange delivery or collect the Products from a local depot.

6.8. Failure to re-arrange delivery: If you fail to re-arrange delivery or collect the Products from a delivery depot, we may charge you for storage costs and any further delivery costs. If we are unable to contact you or re-arrange delivery or collection, we may end the contract.

6.9. Reasons for suspension of supply: We may have to suspend the supply of a Product to deal with technical problems, update the Product to reflect changes in relevant laws, or make changes as requested by you or notified by us.

 7. Your right to end the contract

7.1. Termination of the contract: You have the right to terminate your contract with us. Your rights will depend on what you have purchased, whether there is any defect, and when you decide to end the contract.

9. If the product is faulty or misdescribed, you may have the right to terminate the contract or replace the product, or receive a full or partial refund in accordance with Clause 9.
10. If you wish to terminate the contract due to something we have done or have informed you that we will do, see Clause 8.2.
11. In all other cases, where we are not at fault, please refer to Clause 8.8.

7.2. Termination of the contract due to our actions or announcement: If you are terminating a contract for reasons outlined in (a) to (d) below, the contract will terminate immediately, and we will refund you for any Products not supplied. You may also be entitled to compensation. These reasons include:

1. We have informed you about an upcoming change to the Product or these Terms, which you do not agree to.
2. We have notified you about an error in the price or description of the Product you have ordered, and you do not want to proceed (see Clause 5.3).
3. There is a significant risk that the supply of Products may be delayed due to circumstances beyond our control.
4. You have the legal right to terminate the contract because we have committed an error (including late delivery).

7.3. Right to change your mind (Consumer Contracts Regulations 2013): Under the Consumer Contracts Regulations 2013, you have the legal right to change your mind within 14 days of receiving a Product and to receive a refund.

7.4. Exception to the right to change your mind: There is no right to change your mind in relation to Products sealed for health protection or hygiene purposes once they have been unsealed after you receive them.

7.5. Deadline to change your mind: You have 14 days from the day you (or someone you nominate) receive(s) the Products to change your mind, unless the Products are delivered in several instalments, in which case you have 14 days from the day you (or someone you nominate) receive(s) the last delivery.

7.6. How to terminate the contract: To terminate the contract, you must notify us in writing, by email or post. To meet the cancellation deadline, you must send your notification before the cancellation period expires. You may use the model cancellation form provided at the end of these Terms. Keep a copy of your cancellation notification for your records. You can also terminate a subscription contract through your customer account profile.

7.7. Returning Products after terminating the contract: If the Products have been dispatched or you have received them, you must return them to us without undue delay, and no later than 14 days from the day on which you communicate your cancellation of the contract to us. You will be responsible for the direct cost of returning the Products to us.

7.8. When you exercise your right to cancel the contract, we will provide you with a full refund of the price you paid for the Products and any relevant delivery charges (as per clause 7.9 (b) below) using the payment method you used to make the purchase. We will process the refund promptly and no later than 14 days after either: (a) receiving the Products you returned; or (b) receiving your notification of cancellation if no Products were supplied. We may hold off on refunding you until we have received the Products or until you have provided proof that you have returned the Products (whichever occurs first).

7.9. If you decide to cancel the contract, we may make deductions from your refund for the price of the goods (excluding delivery costs) if their value has decreased due to your handling them in a way that would not be allowed in a physical store. If we refund you before examining the goods and later discover unacceptable handling, you will be required to pay an appropriate amount. Additionally, the maximum refund for delivery costs will be the cost of the least expensive delivery method we offer.

7.10. If you are not entitled to a right to cancel but wish to end the contract before it is completed, please inform us, and we will provide a refund for any products that have not been provided, though we may require you to pay compensation if we incur net costs as a result of your cancellation. The contract is considered completed once the Product has been delivered and paid for. In the event that you wish to terminate a contract before it is fully executed, and it is not our fault and you do not have the right to withdraw, please notify us and we will end the contract immediately. We will refund any amount paid by you for Products that have not been provided. However, we reserve the right to deduct reasonable compensation for the net costs we will incur due to your termination of the contract from the refund. If you have not made an advance payment, we may charge you instead.

8. Complaints and returning of faulty products 

8.1. How to report issues: If you have any complaints about the Product, please contact us via email or the address provided in these Terms. We aim to resolve any complaints as far as possible within 14 days.

8.2. Returning defective Products: If the Product delivered to you is damaged or defective, please contact us as soon as possible using the contact details in clause 2.3 above. We will provide you with an address to return the Product, along with its original packaging, back to us free of charge.

8.3. Product inspection: Upon receipt of the returned Product, we reserve the right to inspect it to determine whether, in our opinion, it is faulty or not.

8.4. Refunds for faulty Products: If we agree that the Product is defective, we will offer you a full refund of the price of the Product. 

8.5. Refund processing time: Once we confirm that you are entitled to a refund, we will aim to process it as soon as possible, and at the latest within 14 days of confirming your eligibility. You will receive your refund to the credit or debit card that you used to pay.

8.6. Your legal rights: We are under a duty to supply the Products in conformity with this Contract. Nothing in these terms will affect your legal rights.

9. Creating an account 

9.1. How to create an account: To place an order and buy our product, you must create an account on our website. To do so, follow the instructions provided on the website. However, we reserve the right to accept or decline your application to create an account at our sole discretion.

9.2. Age requirement: You must be at least 18 years old to create an account on our website.

9.3. One account per user: Only one account may be created per individual user.

9.4. Required information: You’ll be asked to provide certain information, such as your name, email address, and postal address, when creating your account. Your email address will serve as your identifier when you access your account on the website. We’ll send your order to the postal address you provide. Please ensure that you provide complete and accurate information, and notify us promptly of any changes to your information. We’re not responsible for orders that are not received due to incorrect or incomplete address information. We reserve the right to terminate your account if you provide an invalid email address.

9.5. Password requirements: You must provide a password to access your account, and you’re responsible for maintaining the confidentiality of your password. You agree to use a strong password that contains a minimum of 8 characters, including a combination of upper and lower case letters, numbers, and symbols. You’re required to change your password every 90 days, and the new password must be different from the previous four passwords. You must notify us immediately if you suspect or become aware of any unauthorised use of your account or password. You’re responsible for any damages or losses caused by unauthorised access resulting from your failure to keep your password secure.

10. Account cancellation

10.1. Termination by us: We reserve the right to temporarily suspend or terminate your account at any time and for any reason without notice.

10.2. Cancelling your account: You may cancel your account at any time and for any reason by contacting us via email or post at the address provided in clause 2.3 above, or by using the cancellation feature in your customer profile account. You will need to provide proof that you are the account holder.

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