terms & conditions

OVERVIEW

By agreeing to these Terms & Conditions (hereafter the “Terms”) and placing an order, you are in a binding agreement with us. Senchi Designs products (hereafter the “Products”) are exclusively intended to be sold to end consumers, natural persons or end customers legal entities, excluding all resellers or intermediaries acting on behalf of resellers (hereafter the “Customers”). Consequently, the Customer represents that he/she/it is acting as end consumer and that he/she/it has no intention of reselling the Products for commercial purpose.

Once an order is placed, the Customer will be contacted by email by our team for confirmation. Luminita LLC (hereafter the “Luminita LLC”, “Luminita”, "we", "our", "us") reserves the right to not confirm an order in the event of being unable to verify Customer information or stock level was incorrect at the time of order.

 

RESERVATION OF OWNERSHIP

The ordered Products remain the property of Luminita LLC until receipt of full payment of the price by Luminita LLC. However, the Customer assumes the risk (namely of loss, theft, or deterioration) regarding the Products delivered from the time that they are delivered to the address indicated at the time of the order. Claims must be made by the Customer to the appropriate carrier.

 

TERMS OF DELIVERY

Luminita LLC cannot be held responsible for any action and/or costs and/or taxes (which fall under the Customer’s responsibility) and/or delays due to customs over which it has no control.

A delivery note is attached to the package. Customers are encouraged to keep it as it will serve as proof of delivery.

In the event of an incomplete address, incorrect address, inability to place the package in the Customer’s mailbox, refusal of the package by the recipient, lack of information making it impossible to deliver the Product to the recipient at the appointed time, we cannot be held liable for the complete, final, completion of this delivery. If this lack of information leads to a second presentation to the recipient, we shall be entitled to request that the Customer pay the corresponding fees for this second delivery.

Accordingly, in the event of absence of the recipient, according to the general terms of delivery of the carrier, the product may be presented again and/or left at an agreed drop-off point and/or in front of the Customer’s home and/or returned to Luminita LLC who shall in no event be held responsible for any theft of, loss, or damage to the Products in connection with to their delivery and, more generally, the final quality of the delivery.

In the event that it is impossible to deliver and if the product must be returned to Luminita LLC by the carrier, we will not make any new delivery at its expense.

Luminita LLC retains the right to refuse shipment if we are unable to provide shipment to an address or location not serviced by one of our shipping Carriers, or for any reason related to suspected fraud. In such cases orders will be canceled with a full refund.

 

STATUTORY WARRANTIES

Luminita shall refuse any complaint for Products that have been used contrary to their intended use.

Any complaint regarding the Products in their current form and without relation to the delivery must be submitted e-mail at help@luminita.com.

In the event of an actual non-conformity on a Product sold by Luminita, the Customer may choose between the Product being repaired or replaced unless one of these choices are commercially unreasonable for us.

In no case shall Luminita, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INTELLECTUAL PROPERTY

All documents, information, texts, graphs, images, photographs or any other content published on the www.senchidesigns.com Website are the exclusive property of Luminita. Consequently, they may not be reproduced, exploited or used for any purpose whatsoever, without the express authorization of Luminita.

Luminita is the owner of all the intellectual property (with the exception of authors’ moral rights) pertaining to Products and distinctive trademarks and signs under which the Products are marketed.

The Customer acknowledges without reservations the intellectual property rights of Luminita and undertakes not to infringe them in any manner howsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, provide a license or market in any manner howsoever, directly or through a third party, for its benefit or the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and trademarks belonging to Luminita.