LumiSmile General Terms and Conditions
Last updated: 01-09-2025
Index
Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Scope of Application
Article 4 – The Offer
Article 5 – Conclusion of the Contract
Article 6 – Performance of the Contract
Article 7 – Delivery
Article 7A – Packaging and Transport
Article 8 – Inspection and Complaints
Article 9 – Prices
Article 10 – Payment and Collection Policy
Article 11 – Suspension and Termination
Article 12 – Limitation of Liability
Article 13 – Transfer of Risk
Article 14 – Force Majeure
Article 15 – Intellectual Property Rights
Article 16 – Privacy, Data Processing and Security
Article 17 – Complaints
Article 18 – Applicable Law
Article 1 – Definitions
In these general terms and conditions, the following terms have the meanings set out below, unless expressly stated otherwise:
LumiSmile: the business offering and selling the products.
Consumer: a natural person acting for purposes unrelated to their business or professional activity.
Buyer: the Consumer (or, where applicable, the Business) entering into a contract with LumiSmile, including distance contracts.
Business: a natural or legal person acting in the exercise of their business or professional activity.
Offer: any written proposal made by LumiSmile to the Buyer for the supply of Products.
Products: the goods offered by LumiSmile.
Contract: the (distance) sales contract relating to LumiSmile’s Products.
Website: the website used by LumiSmile, namely lumismile.co.uk.
Article 2 – Identity of the Entrepreneur
Name: LumiSmile
E-mail address: info@lumismile.co.uk
Chamber of Commerce (KvK) number: 98187732
Applicable law: Italy
Registered office: available upon request
Article 3 – Scope of Application
These general terms and conditions apply to every Offer made by LumiSmile, every Contract between LumiSmile and the Buyer, and every Product sold by LumiSmile.
They also apply to contracts requiring the involvement of third parties.
Before concluding a (distance) contract, the Buyer receives these terms or is informed where they may be consulted and saved on a durable medium (they are always available on lumismile.co.uk).
Any general terms and conditions of the Buyer are expressly excluded, unless LumiSmile agrees otherwise in writing.
The invalidity of any provision does not affect the validity of the remaining provisions. An invalid clause will be replaced by a valid one that achieves the same purpose.
Interpretation doubts or situations not provided for will be resolved in accordance with the purpose of these terms and LumiSmile’s commercial practices.
Article 4 – The Offer
LumiSmile’s offers are non-binding unless stated otherwise in writing.
The offer includes a clear and accurate description of the Products sufficient for the Buyer to properly assess them. Obvious errors or mistakes do not bind LumiSmile; images and data are indicative.
Delivery times are indicative only; exceeding them does not give the right to termination or compensation, unless otherwise agreed in writing.
A combined quotation does not oblige LumiSmile to deliver part of the goods for a proportional price.
Promotions do not automatically apply to subsequent orders and are valid while stocks last.
Article 5 – Conclusion of the Contract
The contract is concluded when the Buyer accepts the offer by paying for the Product.
After conclusion, LumiSmile sends a confirmation email.
If the Buyer’s acceptance differs from the offer, LumiSmile is not bound.
LumiSmile is not bound by an offer if the Buyer could reasonably understand that it contained an obvious mistake.
Agreements may only be entered into by personnel or representatives expressly authorized in writing by LumiSmile.
The Consumer may exercise the right of withdrawal within 14 days of receipt. The right of withdrawal is excluded for purchases made in the course of a business or professional activity.
Article 6 – Performance of the Contract
LumiSmile will execute the Contract with the utmost care and professionalism.
Where necessary, LumiSmile may subcontract activities to third parties.
The Buyer must provide all necessary data in time; otherwise, LumiSmile may suspend execution and charge additional costs.
LumiSmile is not liable for damage resulting from incorrect or incomplete data provided by the Buyer, unless caused by intent or gross negligence on LumiSmile’s part.
The Buyer indemnifies LumiSmile against third-party claims related to the execution of the Contract that are attributable to the Buyer.
Article 7 – Delivery
Delivery is generally carried out through LumiSmile’s suppliers and carriers.
Unless stated otherwise, shipping is free of charge.
In case of delays due to missing data, lack of cooperation, non-payment or force majeure, LumiSmile is entitled to a reasonable extension. Deadlines are not strict deadlines; in case of delay, the Buyer must send a written notice of default granting a reasonable period.
The Buyer is obliged to accept the goods when made available; refusal allows LumiSmile to store them at the Buyer’s cost and risk.
If Buyer data are required for performance, delivery times start from their receipt.
Delivery times abroad may be longer and depend on stock availability.
LumiSmile may deliver in separate batches and invoice them separately.
Import duties and VAT are at the Buyer’s expense, where applicable.
Article 7A – Packaging and Transport
LumiSmile ensures that goods are properly packaged by the supplier to arrive in good condition.
Unless agreed otherwise, prices exclude VAT, packaging and packing materials.
Unreserved acceptance of delivery implies that the packaging was in good condition.
The Buyer is responsible for obtaining, at their own cost and risk, any permits needed for import and payment; failure to obtain these does not justify cancellation.
The risk of damage during transport remains with the Buyer unless mandatory provisions state otherwise.
Article 8 – Inspection and Complaints
The Buyer must inspect the Products upon delivery or in any case within 14 days. Goods may be unpacked or used only to the extent necessary for inspection.
The Buyer must familiarise themselves with proper use and, if applicable, test the product according to instructions.
Apparent defects: must be reported in writing to info@lumismile.co.uk within 14 days of delivery.
Hidden defects: must be reported within one month of discovery and within 6 months of delivery. Damage caused by negligent handling is the Buyer’s responsibility.
Returns are only permitted with LumiSmile’s prior written authorization and in accordance with instructions.
In case of Consumer withdrawal, Products must be returned (as far as reasonably possible) in their original condition and packaging.
Refunds, if agreed in writing, will be processed as soon as possible and within 30 days, to the account indicated.
Making a complaint does not suspend the payment obligation nor allow set-off.
If an incomplete delivery is attributable to LumiSmile, missing items will be sent or the remaining part will be cancelled with a refund of amounts overpaid.
No complaints are possible due to Buyer error or unrealistic expectations.
Article 9 – Prices
Prices will not increase during the validity of the offer, unless required due to VAT changes or legally imposed charges.
Prices are exclusive of VAT and any shipping/transport/packaging costs, unless stated otherwise. Where applicable, Consumer prices are shown including VAT.
Prices are based on costs applicable on the contract date (duties, transport, insurance, taxes). Variations upon arrival or shipment are at the Buyer’s risk/benefit.
For products subject to market price fluctuations, prices are indicative and subject to change.
Three months after conclusion, LumiSmile may adjust prices; within three months only if required by law.
Article 10 – Payment and Collection Policy
Payment must be made in advance using the methods provided in the online store.
Disputes about invoice amounts must be reported within 7 days of the invoice date, without suspending payment.
Unless agreed otherwise in writing, payment must be made in a single instalment.
Payments are allocated first to costs, then to interest, and finally to principal.
Article 11 – Suspension and Termination
LumiSmile may suspend performance or terminate the contract if the Buyer fails to meet payment or other obligations.
LumiSmile may terminate existing contracts if the Buyer is in default regarding any obligation towards LumiSmile.
Termination may occur without notice of default if performance becomes impossible or excessively burdensome.
Upon termination, all amounts owed to LumiSmile become immediately due. Suspension does not affect the right to claim damages.
Article 12 – Limitation of Liability
LumiSmile’s liability to the Buyer or third parties is limited to the amounts charged under the Contract and, in any case, to the amount paid out per event by its insurer.
Liability, where applicable, is limited to free repair or replacement of the Product (or part thereof), at LumiSmile’s discretion.
LumiSmile is not liable for indirect or consequential damages, loss of profit, downtime, loss of data, or damages arising from misuse of the Products. For Consumers, limitations apply within the boundaries of Art. 7:24(2) BW.
LumiSmile is not liable for errors or omissions on the website, nor for malfunctions or unavailability.
We do not guarantee correct, complete or timely transmission of email content sent by or on behalf of LumiSmile.
Claims for non-performance are time-barred if not reported in writing within one year of discovery.
Any usage advice provided is general and non-binding; the Buyer is responsible for assessing suitability. In case of pregnancy, breastfeeding, medication use or hypersensitivity, consult a specialist.
Personal care products and electrical devices must be kept out of reach of children and used according to instructions.
Article 13 – Transfer of Risk
The risk of loss or damage passes to the Buyer when the goods leave the supplier’s warehouse or are made available to the Buyer/third parties.
Article 14 – Force Majeure
LumiSmile is not liable for non-performance caused by force majeure and is not obliged to perform if the impediment is not attributable to it.
Force majeure includes, inter alia: supplier failure, third-party goods/software defects, government measures, power outages, network/telecommunications failures (e.g., cyberattacks), natural disasters, war/terrorism, strikes, transport disruptions, and any circumstance outside LumiSmile’s control.
Force majeure may be invoked even if it occurs after performance was due.
Parties may suspend obligations during the impediment; if it lasts more than two months, either party may terminate the contract without compensation.
If LumiSmile has already partially performed, and that part has independent value, it may be invoiced separately.
Article 15 – Intellectual Property Rights
All intellectual property and copyright owned by LumiSmile remain exclusively with LumiSmile and are not transferred to the Buyer.
It is prohibited to publish, reproduce, modify or transfer protected materials without LumiSmile’s written consent.
Products protected by LumiSmile’s IP may not be used in ways other than permitted by the Contract.
In case of suspected or actual infringement of LumiSmile’s IP rights, the Buyer must promptly notify LumiSmile.
Article 16 – Privacy, Data Processing and Security
LumiSmile handles personal data of Buyers and website users with care and uses them in accordance with its Privacy Policy.
Questions about data processing may be sent to info@lumismile.co.uk.
If LumiSmile must implement information security measures under the Contract, such measures will meet agreed specifications and ensure a reasonable level of security considering the state of the art, data nature and costs.
Article 17 – Complaints
If you are dissatisfied with LumiSmile’s products or services, submit your complaint as soon as possible and within 2 weeks of the event, to info@lumismile.co.uk with the subject line “complaint”.
The complaint must be sufficiently substantiated. LumiSmile will respond within 5 working days. Both parties will aim to find a joint solution.
Article 18 – Applicable Law and Jurisdiction
All Contracts between LumiSmile and the Buyer are governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
In case of interpretation discrepancies, the Dutch version prevails.
LumiSmile is entitled to unilaterally amend these general terms and conditions.
All disputes will be submitted to the competent court in Amsterdam, unless mandatory law provides otherwise.