1Who we are

The website is operated by Lumilia Trading Co (Pty) Ltd, a private company registered in the Republic of South Africa under enterprise number K2020693415, trading as Lumilia Skin Co. In these Terms, “Lumilia”, “we”, “us” and “our” refer to Lumilia Trading Co (Pty) Ltd.

Consumer dispute-resolution scheme: Consumer Goods and Services Ombud, to the extent that the Consumer Goods and Services Industry Code applies.

2Scope of these Terms

By using the website or placing an order, you agree to these Terms and to the policies linked below, in the versions made available to you when you place your order:

• Refund Policy
• Money-Back Guarantee
• Shipping & Handling
• Privacy Policy

Product-specific information shown on the relevant product page, and any terms shown at checkout or in your order confirmation, also form part of your agreement with us.

You may save or print these Terms and the incorporated policies. We recommend retaining the versions that apply when you place an order.

If provisions conflict, mandatory law takes priority. Subject to mandatory law, product-specific terms and the terms shown at checkout take priority for that purchase, followed by the relevant policy and then these Terms.

3Eligibility and accounts

You must be at least 18 years old and legally capable of entering into a contract to place an order. A person under 18 may use the website only with the involvement and supervision of a parent or legal guardian.

You must provide accurate, current and complete information when creating an account or placing an order. You are responsible for keeping your account credentials confidential and for activity conducted through your account, except where the activity results from our breach of law or failure to use reasonable security measures.

4Product information, suitability and safe use

We take reasonable care to describe and display our products accurately. Colours and appearance may vary slightly because of device displays, photography and manufacturing changes that do not materially alter the product.

Our IPL products are personal-care products. They are not a substitute for professional medical advice, diagnosis or treatment. Read the user guide, contraindications, skin-tone chart and safety warnings supplied with the product before use. If you have a medical condition, take medication that may cause photosensitivity, are pregnant, have a relevant skin condition or are unsure whether IPL is appropriate for you, consult a qualified healthcare professional before use.

IPL hair-reduction results vary between people. Relevant factors include skin tone, hair colour, hair-growth cycles, treatment area, hormonal factors, frequency of use and compliance with the instructions. IPL generally relies on pigment in the hair and is not effective on white, grey or red hair and may be ineffective on very light blonde hair. It is not suitable for every skin tone. Follow the suitability information and safety features for the specific device purchased.

We do not promise identical results for every customer. A difference in individual results is not, by itself, proof that a product is defective. This does not limit a valid claim under our Money-Back Guarantee or any right relating to defective, unsafe or unsuitable goods under applicable law.

Do not use a product contrary to its instructions or warnings. Misuse may cause burns, skin irritation, pigment changes, eye injury or other harm. This warning does not require you to waive any statutory right and does not exclude liability that cannot lawfully be excluded.

5Orders and formation of the contract

Products displayed on the website are invitations to place an order. Your order is an offer to purchase the selected products on these Terms. An automated order acknowledgement confirms receipt of your order but does not necessarily mean that we have accepted it.

We accept your order when we send a dispatch confirmation or otherwise expressly confirm acceptance. A separate contract is formed for each order we accept.

Before submitting an order, you can review the order, correct mistakes and withdraw from the transaction. Please check the product, quantity, price, delivery address and contact details carefully before payment.

We send an electronic order record to the email address supplied at checkout. Where account functionality is available, you may also view relevant order information through your account. You may request an available copy of your transaction record by contacting us, subject to applicable record-retention and privacy laws.

We may decline or cancel an order before acceptance for a legitimate reason, including unavailable stock, an unsuccessful payment authorisation, an obvious pricing or product-information error, suspected fraud, unlawful activity, or quantities that reasonably appear intended for unauthorised resale. If we cancel an order after receiving payment, we will refund the amount paid without unreasonable delay and within any period required by law.

6Prices, payment and promotions

Prices are shown in South African rand unless stated otherwise. The total price payable, including applicable taxes, delivery charges and other disclosed fees, is shown before you place the order.

Payment must be made using a payment method offered at checkout. Payment providers may apply their own terms. We use payment systems and service providers that are intended to meet accepted security standards, but you remain responsible for protecting your own payment credentials.

Prices and promotions may change prospectively without notice. A promotional price applies only during the stated promotion period and while applicable stock lasts. Unless a promotion expressly states otherwise:

• one promotion or discount code may be used per order;
• promotions cannot be applied retrospectively to completed purchases;
• promotional products remain subject to statutory consumer rights; and
• we may withdraw or correct a promotion that contains an obvious error, subject to applicable law and any order already accepted.

7Availability and errors

All products are subject to availability. If a product becomes unavailable after you order, we will notify you as soon as reasonably possible. We may offer a comparable product, but you are not required to accept it. If we cannot fulfil the order, we will refund payments made within the period required by law.

We may correct typographical, pricing or product-information errors. We will not use this right to avoid an order merely because a later price is less favourable to us. If a material error affects an order that has not yet been accepted, we may cancel it and refund any payment, or ask whether you wish to proceed on the corrected terms.

8Delivery

The delivery regions, charges and estimated time frames currently offered are set out on our Shipping & Handling page. The version available when you place your order applies to that order.

For in-stock South African orders, we aim to dispatch within two business days. The delivery time shown on the website or at checkout is an estimate unless we expressly agree to a guaranteed date. We will execute an online order within 30 days after receiving it unless we agree otherwise with you. If we fail to do so, you may exercise any cancellation right available under applicable law.

All South African orders are sent with tracking to the delivery address supplied at checkout. We remain responsible for the parcel until it is delivered to that address or collected by you or your authorised recipient, except where you independently arrange a carrier that we did not offer.

You must provide a complete and accurate delivery address and reasonable delivery instructions. If delivery fails because the address or contact details supplied by you were materially incorrect or incomplete, or no authorised person was reasonably available to receive the parcel, we may charge the reasonable cost of storage, return or redelivery. We will not charge you for delivery failure caused by us or our courier.

Courier delays can occur. We will assist with tracing and resolving a delayed, damaged or missing parcel and will honour any remedy required by law. A courier delay does not automatically make us liable for loss that was not caused by our breach, but it does not remove our obligation to deliver the order or provide an applicable remedy.

9Cancellations, cooling-off rights and statutory returns

You may ask us to cancel an order before dispatch by emailing info@lumiliaskinco.com. We will try to stop dispatch, but cannot guarantee this once fulfilment has started. Any statutory cancellation right remains unaffected.

9.1 ECTA cooling-off right

If section 44 of the Electronic Communications and Transactions Act 25 of 2002 applies to your transaction, you may cancel the transaction without reason and without penalty within seven days after receiving the goods. The direct cost of returning the goods is the only charge that may be imposed on you for exercising this right. If you paid before cancelling, we will provide the applicable refund within 30 days after the date of cancellation.

This cooling-off right is subject to the statutory exclusions in section 42 of ECTA and the hygiene requirements in our Refund Policy. Because our devices are skin-contact personal-care products, a cooling-off or change-of-mind return will be accepted only if the device is unused, all accessories are included, the product is in its original packaging and in a resaleable condition, and any hygiene seal or tamper label is intact where applicable.

To exercise an applicable ECTA cooling-off right, email us within the seven-day period, state clearly that you are cancelling under section 44 of ECTA, include your order number and follow the reasonable return instructions we provide. You must take reasonable care of the goods while they are in your possession and return everything supplied with the product. This hygiene restriction does not limit your rights relating to faulty or defective goods or an approved claim under our 90-Day Money-Back Guarantee.

9.2 Other statutory returns

Depending on the circumstances, the Consumer Protection Act 68 of 2008 may also permit returns where, for example, goods do not correspond with their description, the wrong goods were delivered, or goods are unsuitable for a particular purpose that you expressly communicated to us before purchase and on which you reasonably relied.

Where a transaction results from direct marketing and ECTA section 44 does not apply, the separate cooling-off right in section 16 of the Consumer Protection Act may apply.

The process, allocation of return costs and any lawful deduction depend on the statutory right being exercised. Our Refund Policy explains how to submit a return request. Nothing in that policy or these Terms limits a statutory right.

10Defective goods and product warranties

10.1 Six-month statutory warranty

Under the Consumer Protection Act, goods must be reasonably suitable for their usual purpose, of good quality, in good working order, free of defects and durable for a reasonable period, having regard to the circumstances.

If goods fail to meet the applicable statutory standards within six months after delivery, you may return them without penalty and at our risk and expense. At your direction, and subject to the Consumer Protection Act, we must repair or replace the goods or refund the price paid.

If we repair goods and, within three months after that repair, the defect has not been remedied or a further failure, defect or unsafe feature appears, we will replace the goods or refund the price paid, as required by law.

10.2 Lumilia voluntary product warranties

In addition to statutory rights:

• the Lumilia Lux™ carries a one-year product warranty against defects; and
• the Lumilia Neo carries a one-year product warranty against defects; and
• the Lumilia GlacierX™ carries a two-year product warranty against defects.

These periods run from the date of delivery. The voluntary warranty applies to defects arising under normal use in accordance with the supplied instructions. It does not cover normal wear and tear, ordinary depletion through use, accidental or deliberate damage, unauthorised alteration or repair, misuse, use with an unsuitable power supply, or damage caused by failing to follow the instructions, unless applicable law requires otherwise.

Approved claims under our voluntary product warranties are resolved by replacement rather than repair. We may reasonably request an order number, photographs or video to identify the issue and may require the device and supplied components to be returned for inspection. Diagnostic requests will not be used to delay or defeat a valid statutory claim. Where the Consumer Protection Act applies, your choice of remedy and the allocation of return costs are governed by the Act. For a claim that falls only under the additional voluntary warranty, the remedy and process in our Refund Policy apply.

1190-Day Money-Back Guarantee

Eligible devices purchased directly from lumiliaskinco.com are covered by our separate voluntary 90-Day Money-Back Guarantee for qualifying results-based claims. The guarantee requires, among other things, a trial of at least 60 days but no more than 90 days from delivery, at least six treatments, correct use of the device and progress photographs.

The full eligibility criteria, claim procedure, return requirements and exclusions are set out on the Money-Back Guarantee page. The version available when you place your order applies to that purchase.

The Money-Back Guarantee is additional to, and does not replace or restrict, your statutory rights or the separate product warranty. A defective-goods claim does not have to meet the photographs or minimum-use conditions of the results-based Money-Back Guarantee.

12Website availability and acceptable use

We aim to keep the website accurate, secure and available, but do not guarantee uninterrupted or error-free access. We may maintain, update, suspend or discontinue website features. This does not affect orders already accepted or rights that have already accrued.

You may not:

• use the website or products for an unlawful or unauthorised purpose;
• introduce malware or attempt to interfere with the website’s security or operation;
• scrape, copy or exploit substantial website content without written permission, except where law permits;
• infringe intellectual property, privacy or other rights;
• impersonate another person, submit materially false information or commit fraud; or
• harass, threaten or unlawfully discriminate against another person through the website.

We may restrict access where reasonably necessary to protect the website, our customers or our legal rights. We will not use this power in a discriminatory manner or to avoid an accepted order or a consumer’s statutory rights.

13Intellectual property

The website and its content, including the Lumilia name, product names, trade marks, text, graphics, photographs, video, software and layout, are owned by or licensed to us and are protected by applicable intellectual-property laws.

We grant you a limited, revocable, non-transferable right to access and use the website for lawful personal shopping and information purposes. No ownership rights are transferred to you.

14Reviews, feedback and other submissions

If you submit a review, photograph, testimonial, idea or other content, you confirm that you have the right to submit it and that it is accurate, lawful and does not infringe another person’s rights.

You retain ownership of your content. You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, adapt and publish it for operating, improving and promoting Lumilia, subject to our Privacy Policy and any permission required by law. You may withdraw permission for future promotional use of identifiable personal content by contacting us, unless another lawful basis permits continued use.

We may moderate or remove unlawful, misleading, infringing, abusive or irrelevant content. We do not undertake to publish every submission or to pay for unsolicited feedback.

15Third-party services and links

The website may use or link to third-party services, including payment providers, delivery tracking, social media and other websites. A link does not mean that we control or endorse all third-party content. Third parties may apply their own terms and privacy policies.

We are not responsible for an independent third party’s acts or omissions unless applicable law makes us responsible. Nothing in this section limits our responsibility for service providers acting on our behalf in fulfilling your order or processing personal information.

16Personal information

We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 and our Privacy Policy. Please read the Privacy Policy for more information about our processing of personal information and your rights.

By submitting personal information, you confirm that it is accurate and that you are authorised to provide it. Where consent is the legal basis for processing, you may withdraw that consent, subject to applicable law and processing already lawfully carried out.

17Important limitation of liability

Nothing in these Terms excludes or limits:

• any right or remedy under the Consumer Protection Act, ECTA or other applicable law that cannot lawfully be excluded or limited;
• liability for fraud, wilful misconduct or gross negligence;
• liability for death, injury, illness, property damage or resulting economic loss to the extent imposed by section 61 of the Consumer Protection Act; or
• any responsibility arising from unsafe goods, a product defect or hazard, or inadequate safety instructions or warnings, to the extent imposed by law.

To the maximum extent permitted by law, we are not responsible for loss that was not caused by our breach, was not reasonably foreseeable when the contract was formed, or results from your unlawful use, misuse or material failure to follow the product instructions and safety warnings.

If you acquire products wholly or mainly for business or commercial use, and applicable law permits the limitation, we are not liable for indirect or consequential business losses such as loss of profit, revenue, opportunity, goodwill or anticipated savings. This business-loss exclusion does not apply to ordinary consumer use or to liability that cannot lawfully be limited.

18Suspension and termination

You may stop using the website at any time. We may suspend or terminate access if you materially breach these Terms, use the website unlawfully, threaten its security or infringe another person’s rights.

Termination of website access does not cancel an accepted order, remove accrued rights or obligations, or prevent either party from pursuing an available legal remedy.

19Changes to these Terms

We may update these Terms prospectively to reflect changes in law, products, services or business practices. The updated version will be posted with a revised “Last updated” date.

Changes do not retrospectively alter the terms applicable to an order already placed, unless the change is required by law or you expressly agree to it. Your continued use of the website after an update means the updated terms apply to that later use, but not that you surrender rights already accrued.

20Complaints and dispute resolution

Please send complaints to info@lumiliaskinco.com, including your order number and a clear description of the issue. We will acknowledge and investigate the complaint and try to resolve it within a reasonable period.

If a consumer complaint is not resolved through our internal process, you may refer it to the Consumer Goods and Services Ombud, where the Consumer Goods and Services Industry Code applies, or lodge a complaint with the National Consumer Commission. You may also use any other ombud, regulator, tribunal or court with jurisdiction.

Nothing in these Terms forces you into private arbitration or prevents you from using a statutory enforcement route.

21Governing law and jurisdiction

These Terms and transactions concluded through the website are governed by the laws of the Republic of South Africa.

South African courts have jurisdiction, subject to any right you may have under applicable law to approach another court, tribunal, ombud or regulator. Choosing South African law does not remove mandatory consumer protection that applies irrespective of the chosen law.

22General

If part of these Terms is unlawful or unenforceable, it will be severed or limited only to the minimum extent necessary. The rest will continue to apply.

A failure or delay in enforcing a right is not a waiver of that right.

These Terms, the policies incorporated in section 2, the applicable product page, the checkout information and the order confirmation form the agreement relating to your website purchase. They do not exclude representations or rights that the law does not permit us to exclude.

We may transfer our rights or obligations as part of a genuine sale, restructuring or transfer of our business, provided this does not reduce your rights. You may not transfer your contractual rights or obligations without our consent, except where law permits.

23Contact information