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OVERVIEW

LUMENIQLENS — TERMS & CONDITIONS

These Terms & Conditions ("Terms") govern your use of the LumeniqLens website and the purchase of products and services from LumeniqLens.

Please read these Terms carefully before placing an order.

By placing an order through our website, submitting a project enquiry that subsequently results in an accepted quotation, or otherwise entering into an agreement with us, you agree to be bound by these Terms.

If you do not agree to these Terms, you should not place an order.

1. ABOUT LUMENIQLENS

Business name: LumeniqLens

LumeniqLens supplies GOBO projection equipment, custom GOBO products, projection lenses, accessories and related projection solutions.

We supply products to both consumers and businesses.

2. DEFINITIONS

In these Terms:

"LumeniqLens", "we", "us" or "our" means the business identified above.

"Customer", "you" or "your" means the person or organisation purchasing products or services from us.

"Consumer" means an individual purchasing primarily outside their trade, business, craft or profession.

"Business Customer" means a person or organisation purchasing wholly or mainly for business, commercial or professional purposes.

"Products" means any physical products supplied by us, including projectors, GOBOs, lenses and accessories.

"Custom Product" means a product manufactured, modified, personalised, engraved, printed, designed or otherwise produced specifically to your requirements.

"GOBO" means a graphic optical projection product or similar image projection component.

"Order" means an order submitted through our website or otherwise accepted by us.

"Quotation" means a written quotation issued by us.

3. OUR CONTRACT WITH YOU

3.1 Placing an order through our website constitutes an offer by you to purchase the relevant Products.

3.2 An automated order confirmation does not necessarily constitute acceptance of your order. It confirms that we have received your order.

3.3 A contract is formed when we expressly accept your order, dispatch the Products, or otherwise confirm acceptance in writing.

3.4 We reserve the right to reject or cancel an order before acceptance where, for example:

  • a Product is unavailable;
  • there is an obvious pricing or description error;
  • we reasonably suspect fraud or payment abuse;
  • the requested Product is incompatible with the stated requirements;
  • we are unable to fulfil the order;
  • information supplied by the Customer is materially incomplete or inaccurate.

3.5 If we cancel an order before fulfilment, any payment received for the cancelled order will be refunded where legally required.

4. PRODUCT INFORMATION

4.1 We make reasonable efforts to ensure that product descriptions, specifications, images and dimensions are accurate.

4.2 Images may be provided for illustrative purposes and may not represent the exact appearance, projection environment or final result.

4.3 Actual projection performance may vary depending on:

  • projection distance;
  • ambient lighting;
  • surface colour;
  • surface texture;
  • projection angle;
  • lens selection;
  • projector brightness;
  • artwork complexity;
  • installation position;
  • environmental conditions; and
  • other technical factors.

4.4 A projected image shown on our website, social media, advertising or other promotional material should not be interpreted as a guarantee that an identical result will be achieved in every installation.

5. TECHNICAL SUITABILITY AND COMPATIBILITY

5.1 The Customer is responsible for providing accurate information concerning their intended application.

5.2 Where we provide recommendations, those recommendations are based on the information provided to us.

5.3 We are not responsible for unsuitable results caused by inaccurate, incomplete or subsequently changed information supplied by the Customer.

5.4 Customers should provide accurate information regarding:

  • projection distance;
  • required image size;
  • indoor/outdoor use;
  • mounting location;
  • ambient lighting;
  • projector model;
  • lens requirements;
  • intended surface; and
  • intended application.

5.5 Where a Customer purchases a Product without requesting or accepting our suitability advice, the Customer is responsible for satisfying themselves that the Product is appropriate for their intended application.

5.6 Where we expressly confirm in writing that a particular Product is suitable for a specified application, that confirmation forms part of the contractual specification.

6. CUSTOM GOBOs AND CUSTOM PRODUCTS

6.1 Custom GOBOs and other personalised Products may be manufactured specifically according to the Customer's requirements.

6.2 The Customer is responsible for ensuring that all artwork, logos, text, dimensions, colours and other specifications supplied to us are accurate.

6.3 Once artwork or specifications have been approved by the Customer, we may proceed with production.

6.4 The Customer's approval constitutes confirmation that the supplied information is correct.

6.5 We are not responsible for errors contained in artwork or specifications that have been supplied or approved by the Customer.

6.6 Changes requested after production has commenced may result in additional charges and/or revised delivery times.

6.7 Custom Products may be excluded from statutory change-of-mind cancellation rights where the applicable legal requirements for the bespoke/customised-goods exemption are satisfied.

6.8 Nothing in this section affects a Consumer's statutory rights where a Custom Product is faulty, not as described, or otherwise fails to meet applicable legal requirements.

7. CUSTOMER ARTWORK AND INTELLECTUAL PROPERTY

7.1 The Customer confirms that they have the necessary rights, permissions and licences to provide any artwork, logo, photograph, trademark, design or other intellectual property supplied to us.

7.2 The Customer grants LumeniqLens permission to use the supplied material solely for the purpose of fulfilling the Customer's order.

7.3 The Customer agrees to indemnify LumeniqLens, to the extent permitted by law, against third-party claims arising from the Customer's unauthorised use or submission of intellectual property.

7.4 We may refuse artwork that we reasonably believe:

  • infringes third-party rights;
  • is unlawful;
  • is fraudulent;
  • contains malicious material;
  • cannot technically be manufactured or projected as requested; or
  • presents an unreasonable legal or technical risk.

8. PRICING

8.1 Prices displayed on our website are those applicable at the time of purchase unless otherwise stated.

8.2 We reserve the right to correct obvious pricing errors.

8.3 Where an obvious pricing error occurs and the Customer has not yet received the Product, we may contact the Customer to confirm whether they wish to proceed at the correct price.

8.4 Delivery charges, taxes and other applicable charges will be displayed before the Customer completes their purchase where required by law.

8.5 Optional extras will not be added without the Customer's active agreement.

This is important because UK online sellers must obtain appropriate consent for additional payments.

9. PAYMENT

9.1 Payment must be received through the payment methods made available at checkout or otherwise agreed in writing.

9.2 Payments may be processed through third-party payment providers including Shopify Payments and Stripe.

9.3 We do not ordinarily store complete payment card details.

9.4 An order will not be considered fully paid until cleared funds have been received.

9.5 Where payment is reversed, disputed, charged back or otherwise withdrawn without a valid contractual or legal basis, we reserve the right to pursue recovery of any amount properly owed to us.

9.6 Nothing in this section limits any statutory rights available to Consumers.

10. FRAUD, PAYMENT ABUSE AND SUSPICIOUS ORDERS

We reserve the right to delay, review, refuse or cancel an order where we reasonably suspect:

  • payment fraud;
  • identity fraud;
  • stolen payment credentials;
  • repeated abusive chargebacks;
  • false delivery information;
  • attempted exploitation of promotions;
  • multiple accounts being used to circumvent restrictions;
  • resale or misuse contrary to an applicable offer; or
  • other fraudulent or unlawful activity.

Where appropriate, we may request reasonable additional information to verify an order.

We will not unreasonably delay legitimate orders.

11. DELIVERY

11.1 We will provide the estimated delivery timeframe applicable to your order.

11.2 Delivery estimates are estimates unless expressly stated in writing as guaranteed.

11.3 Delivery may be affected by:

  • courier delays;
  • customs;
  • weather;
  • manufacturing delays;
  • supply-chain issues;
  • public holidays;
  • events outside our reasonable control.

11.4 Where legally required, we will comply with statutory delivery requirements. For example, online consumer sales generally have a 30-day default delivery requirement unless another timeframe has been agreed.

11.5 Customers should inspect Products promptly following delivery and notify us of any apparent damage or discrepancy as soon as reasonably possible.

11.6 Failure to notify us immediately does not remove statutory rights that cannot legally be excluded.

12. RISK AND OWNERSHIP

12.1 For Consumer purchases, risk in the Products generally passes in accordance with applicable consumer law.

12.2 For Business Customers, risk passes upon delivery unless otherwise agreed in writing.

12.3 Ownership of Products supplied to a Business Customer remains with LumeniqLens until we have received full cleared payment for the relevant Products.

12.4 Until ownership passes, the Business Customer must not knowingly sell, pledge or otherwise dispose of the Products in a manner inconsistent with our retained ownership.

13. INSTALLATION

13.1 Unless expressly stated otherwise in writing, Products are supplied without installation.

13.2 The Customer is responsible for ensuring that installation is carried out safely and appropriately.

13.3 Customers should use qualified professionals where installation involves electrical work, structural mounting, working at height or other regulated or hazardous activity.

13.4 We are not responsible for damage resulting from:

  • incorrect installation;
  • unsuitable mounting;
  • inadequate structural support;
  • unauthorised modification;
  • incorrect electrical connections;
  • use outside specified operating conditions;
  • misuse; or
  • failure to follow applicable instructions.

13.5 Any installation service supplied by LumeniqLens will be subject to separate terms where applicable.

14. SITE ASSESSMENTS AND CONSULTATIONS

14.1 Initial telephone or online consultations may be provided free of charge where advertised.

14.2 A physical site assessment is not automatically included with a Product purchase.

14.3 Where a site assessment is offered, any applicable fee, travel charge or other cost will be communicated before the Customer commits to the service.

14.4 A site assessment does not constitute a guarantee that the Customer will achieve a particular visual result unless expressly confirmed in writing.

14.5 Any recommendation arising from a site assessment is based on the conditions reasonably observable at the time of assessment.

14.6 Changes to the venue, lighting, mounting position or other conditions after the assessment may affect the recommendation.

15. RETURNS AND CONSUMER CANCELLATION RIGHTS

15.1 Consumers purchasing online may have statutory cancellation rights.

15.2 Where those rights apply, a Consumer will generally have a 14-day cancellation period for distance sales of goods, subject to applicable statutory exceptions.

15.3 Certain Products, including genuinely bespoke or customised goods, may be exempt from the statutory change-of-mind cancellation right where the relevant legal conditions are satisfied.

15.4 A Customer must follow our stated returns procedure.

15.5 Nothing in these Terms removes or restricts statutory rights relating to faulty, defective, misdescribed or otherwise non-conforming Products.

16. FAULTY OR DAMAGED PRODUCTS

16.1 We will comply with all applicable statutory rights relating to faulty Products.

16.2 If you believe a Product is faulty, contact us with:

  • your order number;
  • a description of the problem;
  • photographs where appropriate; and
  • video evidence where the fault is difficult to demonstrate otherwise.

16.3 We may reasonably request information needed to diagnose the issue.

16.4 Where appropriate, we may provide troubleshooting instructions before arranging a return.

16.5 A Product being unsuitable for an application that was not disclosed to us does not necessarily constitute a Product defect.

17. WARRANTY

17.1 Where a manufacturer's or LumeniqLens warranty applies, the applicable warranty period and conditions will be communicated with the relevant Product.

17.2 A warranty does not normally cover damage caused by:

  • misuse;
  • accidental damage;
  • unauthorised modification;
  • incorrect installation;
  • incorrect voltage or electrical connection;
  • water or environmental exposure outside the Product's rating;
  • physical impact;
  • use outside operating specifications; or
  • normal wear and tear.

17.3 A warranty is additional to, and does not replace, statutory consumer rights.

18. CUSTOMER RESPONSIBILITY

The Customer is responsible for:

  • providing accurate order information;
  • checking Product specifications;
  • ensuring suitable installation conditions;
  • providing accurate artwork;
  • obtaining necessary permissions;
  • complying with applicable laws;
  • operating Products according to instructions; and
  • maintaining safe operating conditions.

19. LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

For Consumers, nothing in these Terms limits statutory rights or our liability for matters that the law does not permit us to exclude.

For Business Customers, to the fullest extent permitted by law:

19.1 We will not be liable for indirect or consequential losses.

19.2 We will not be liable for loss of profit, revenue, business, contracts, anticipated savings, goodwill or reputation.

19.3 We will not be liable for losses arising from the Business Customer's misuse, modification or incorrect installation of Products.

19.4 We will not be liable for losses arising from inaccurate information supplied by the Business Customer.

19.5 We will not be liable for losses caused by circumstances outside our reasonable control.

19.6 Nothing in this section prevents a Business Customer from exercising rights that cannot legally be excluded.

20. BUSINESS CUSTOMER LIMITATION OF LIABILITY

For Business Customers only, and to the fullest extent permitted by law, our total aggregate liability arising from a particular order shall not exceed the total amount actually paid by the Business Customer to LumeniqLens for the Products giving rise to the claim.

This limitation does not apply to liability which cannot lawfully be limited or excluded.

21. ACCEPTABLE USE

You must not use our Products or services for unlawful purposes.

You must not:

  • reverse engineer Products except where legally permitted;
  • attempt to circumvent safety features;
  • modify Products in a way that creates a safety risk;
  • use Products contrary to manufacturer instructions;
  • use Products for unlawful advertising or projection;
  • infringe third-party intellectual property;
  • interfere with our website or systems; or
  • use our services fraudulently.

22. WEBSITE USE

You agree not to:

  • interfere with the operation of our website;
  • introduce malicious software;
  • attempt unauthorised access;
  • scrape or systematically copy website content without permission;
  • use automated systems in a manner that adversely affects our website;
  • impersonate another person or business; or
  • submit fraudulent or misleading information.

23. INTELLECTUAL PROPERTY

All intellectual property owned by LumeniqLens, including:

  • logos;
  • branding;
  • website content;
  • photographs;
  • videos;
  • graphics;
  • product descriptions;
  • original designs;
  • written materials; and
  • other proprietary content

remains the property of LumeniqLens or its relevant licensors.

You may not reproduce or commercially exploit our intellectual property without prior written permission.

24. THIRD-PARTY PRODUCTS AND SERVICES

Certain Products or services may involve third-party manufacturers, suppliers, couriers, payment providers or other service providers.

Where appropriate, the relevant third party's terms may also apply.

Nothing in these Terms removes rights or obligations imposed by applicable law.

25. EVENTS OUTSIDE OUR CONTROL

We will not be responsible for delays or failures caused by events beyond our reasonable control, including:

  • natural disasters;
  • severe weather;
  • fire;
  • flood;
  • epidemic or pandemic;
  • war;
  • terrorism;
  • civil unrest;
  • industrial disputes;
  • government restrictions;
  • transport disruption;
  • supplier failure;
  • manufacturing disruption;
  • energy disruption;
  • telecommunications failure; or
  • other circumstances reasonably outside our control.

We will take reasonable steps to minimise the impact of such events.

26. CANCELLATION BY LUMENIQLENS

We may cancel an order where:

  • the Product is unavailable;
  • we cannot reasonably fulfil the order;
  • an obvious pricing error has occurred;
  • we reasonably suspect fraud;
  • the Customer has provided materially inaccurate information;
  • the Customer has failed to make required payment; or
  • fulfilment would expose us to an unreasonable legal, safety or technical risk.

Where cancellation occurs before fulfilment and a refund is legally due, we will provide the applicable refund.

27. SUSPENSION OR TERMINATION

We may suspend access to our website or services where reasonably necessary to:

  • prevent fraud;
  • protect our systems;
  • investigate misuse;
  • comply with legal obligations; or
  • protect our business or other customers.

This does not affect contractual or statutory rights relating to Products already purchased.

28. COMPLAINTS

If you have a complaint, please contact us at:

[BUSINESS EMAIL]

Please provide:

  • your name;
  • order number;
  • details of the issue; and
  • the outcome you are seeking.

We will investigate complaints fairly and within a reasonable timeframe.

29. DATA PROTECTION

Personal information is handled in accordance with our Privacy Policy.

Our Privacy Policy explains how we collect, use, store and protect personal information.

30. CHANGES TO THESE TERMS

We may update these Terms from time to time.

The Terms applicable to an order will generally be the Terms in force at the time the contract is formed, unless otherwise required by law or agreed between the parties.

31. SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary to make it lawful where possible.

If this is not possible, the relevant provision shall be severed.

The remaining provisions shall continue in full force and effect.

32. NO WAIVER

A failure or delay by LumeniqLens to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision subsequently.

33. ENTIRE AGREEMENT

These Terms, together with any applicable quotation, order confirmation, product specification and policies expressly incorporated into the contract, constitute the agreement between LumeniqLens and the Customer concerning the relevant transaction.

No representation or promise outside the agreed contractual documents shall form part of the contract unless expressly agreed in writing.

34. BUSINESS CUSTOMER ORDERS

Where a Customer is purchasing wholly or mainly for business purposes, additional commercial terms may be agreed in writing.

These may include:

  • project specifications;
  • installation requirements;
  • delivery schedules;
  • payment schedules;
  • deposits;
  • site assessments;
  • custom manufacturing;
  • project milestones; and
  • acceptance procedures.

Where specifically agreed in writing, those project-specific terms take precedence over these general Terms to the extent of any inconsistency.

35. GOVERNING LAW

These Terms are governed by the laws of England and Wales, except where applicable law requires otherwise.

Where the Customer is a Consumer, nothing in this clause prevents the Consumer from relying on mandatory protections available under applicable law.

36. JURISDICTION

For Business Customers, the courts of England and Wales shall have exclusive jurisdiction over disputes arising from or relating to these Terms, unless otherwise agreed in writing.

For Consumers, applicable mandatory jurisdictional protections will apply.