Terms and Conditions

These Terms and Conditions are applicable to the purchase of the gourmet products offered by LUMI Brasil, available at the www.lumibrasil.com/store website. LUMI Brasil will hereinafter be referred to as "LUMI", and a person interested in buying LUMI's gourmet products will hereinafter be referred to as "customer". Any customer interested in purchasing the products sold by LUMI must accept these Terms and Conditions.

THE ACCEPTANCE OF THESE TERMS AND CONDITIONS IS ABSOLUTELY ESSENTIAL TO USE THE WEBSITE www.lumibrasil.com/store TO PURCHASE THE GOURMET PRODUCTS SOLD BY LUMI. 
 
1. PURCHASE
1.1 The purchase and delivery of the mentioned gourmet products will take place according to the following steps: 
I) Registration at the www.lumibrasil.com/store: the customer must register by filling out all mandatory fields.
II) Product Acquisition: The customer will have the purchase shipped after the customer's payment is released by PayPal. 
III) Two (2) business days after the payment is released by PayPal, LUMI takes full responsibility for delivering the exact paid order to the carrier FEDEX.
IV) Risk of loss: items purchased from LUMI are made pursuant to a shipment contract by FEDEX. This means that the risk of loss and title for such items pass to the customer upon our delivery to the carrier.
 
2 REGISTRATION.
2.1 LUMI gourmet products are available only to people who present legal capacity to acquire them. Therefore people who do not enjoy that capacity, including minors or people who have been unqualified by LUMI temporary or permanently, are not allowed to purchase at www.lumibrasil.com/store. 
2.2 Any type of business or corporation will be entitled to a special registration, and should please contact us by e-mail, telephone, skype or WhatsApp for more information. Please see our contact info
2.3 The applicant's registration need to be completed in all registration fields. The customer must fill it with accurate true information, and is committed to update the personal data whenever a change occurs. 
2.4 LUMI is not responsible for the correctness of personal data entered by its customers. Customers guarantee and respond, in any case, for the truthfulness, accuracy and authenticity of the registered personal data, including the accuracy of the address for delivery of purchased products. 
2.5 LUMI reserves the right to use all valid and possible means to identify their customers and to request additional data and documents we find to be relevant in order to complete the informed personal data.
2.6 If LUMI decides to check the accuracy of registered data of a customer and finds incorrect or untrue data, or if the customer denies sending the required documents, LUMI can block the referred customer for the acquisition of products - or even temporarily suspend, or permanently cancel, the customer registration. 
2.7 In case any of the above sanctions is applied, any product acquisitions will be automatically canceled, and the customer won't be entitled of any sort of compensation or reimbursement. 
2.8 The customer is responsible for maintaining the confidentiality of the customer's account and password and for restricting access to the customer's computer, and the customer agrees to accept responsibility for all activities that occur under the customer's account or password. 
2.9 Under no circumstances the customer is allowed to transfer, sell, rent or otherwise transfer the account. Also it isn't allowed the creation of new registrations by people whose original records have been canceled for violations of the LUMI policies.
2.10 LUMI is not liable for damage that may result from the use of public networks, or a third party subverting security systems to access customers information. 
 
3 CUSTOMER OBLIGATIONS.
3.1 The Customer undertakes the responsibility to make the payment before the products are shipped, and the purchase is irrevocable, according to Articles 427 and 429 of the Brazilian Civil Code.
3.2 By purchasing the product online at www.lumibrasil.com/store the customer declares him(her)self aware of the conditions for receiving the product.
3.3 The customer agrees to enter correct and truthful information in the registration, and the customer is fully responsible for any failure and delays due to errors in the customer's registration, including costs relating to delay and / or loss and return of purchased products.
3.4 It is the sole responsibility of the customer to ensure the presence of a person at the address registered in the customer's account, that will be responsible for receiving the purchase in hands, during business hours; LUMI being completely exempt from liability if the customer fails to receive the goods in hands when FEDEX attempts to deliver it, as well as expenses related to the return of the goods.
 
4 PAYMENT 
4.1 The payment will be managed by PayPal, the company responsible for it. 
4.2 LUMI cannot intervene in the customer relationship with PayPal, since PayPal manages its operations regardless of LUMI. 
4.3 LUMI cannot guarantee in any way that the services provided by PayPal will work free of errors, interruptions, malfunctions, delays or other imperfections. 
4.4 LUMI is not responsible for the availability of the services provided by PayPal or the inability to use these services.
 
5. DELIVERY.
5.1 After delivering the purchase to FEDEX, LUMI is not responsible for any delays in delivery: FEDEX manages its operations regardless of LUMI.
5.2 LUMI cannot guarantee in any way that the services provided by FEDEX run free of errors, interruptions, malfunctions, delays or other imperfections.
5.3 LUMI is not responsible for the availability or not of the services provided by FEDEX, or any sort of customer's inability to use such services. 
5.4 It is the sole responsibility of the customer to input a valid address for delivery during the registration process, considered valid according to the carriers databases; also being the customer's responsibility to pay for any additional costs resulting from incorrect delivery address registration.
 
6 TERMS AND CONDITIONS MODIFICATIONS. 
6.1 LUMI can change at any time these Terms and Conditions, seeking its improvement. The new Terms and Conditions shall take effect from its publication on the www.lumibrasil.com/store website. Within 24 (twenty four) hours counted from the publication of the changes, the customer must communicate by e-mail if the customer disagrees with the changed Terms and Conditions. In this case, the contractual relationship will cease to exist, provided that there are no opened payments being processed by PayPal. If the customer doesn't manifest disagreement in the stipulated period, it shall be understood that the Customer accepted the new Terms and Conditions, and the contract will continue binding the parties.
 
7 VIOLATION IN THE SYSTEM OR DATABASE. 
7.1 It is not allowed to use any device, software, or other resource that will interfere in the activities and operations of the www.lumibrasil.com/store, as well as in the descriptions of products, accounts or databases. Any interference, attempt or activity that violates or contravenes the laws on intellectual property and / or the prohibitions set forth in this Terms and Conditions, will make the responsible a subject of legal action, liable for compensation.
 
8. RESPONSIBILITIES.
8.1 Considering also the impossibility of full, uninterrupted operation of any telecommunications or computer system, 365 days a year, 24 hours a day, this fragile situation also including, due to its complexity, the availability of the services of this agreement, LUMI does not guarantee in any way the provision of uninterrupted service and / or error free.
8.2 These Terms and Conditions create no partnership agreement, mandate, franchise or employment relationship between LUMI and the customer. 
8.3 LUMI is not responsible for any damage, injury, or loss to the customer equipment caused by system failures, server or any other computer related failure. LUMI will not be responsible for any viruses that may attack the customer equipment as a result of access or browsing the web; nor as a result of the transfering data, files, images, text or audio. Customers may not demand to LUMI payment for losses resulting from technical difficulties or failures in the systems or the Internet. Eventually, the system may not be available for technical reasons, Internet failures, or some other outside force.
 
9 INTELLECTUAL PROPERTY.
9.1 Commercial use of "LUMI" expression as a trademark, trade name or domain name as well as the contents of the screens concerning LUMI products as well as programs, databases, networks and files, which allow the customer to access and use the customer's account, are owned by LUMI and are protected by international laws and treaties of copyright, trademarks, patents and industrial designs. Improper use and the total or partial reproduction of these contents are prohibited unless the express permission of LUMI.
9.2 www.lumibrasil.com/store may link to other network sites which does not mean that these sites are owned or operated by LUMI. Having no control over these sites, LUMI is not responsible for the content, practices and services offered therein. The presence of links to other sites does not imply partnership relationship, supervision, complicity or solidarity from LUMI toward these sites and their contents.
 
10 INDEMNIFICATION, JURISDICTION AND APPLICABLE LAW. 
10.1 The customer will indemnify LUMI, its directors, officers and employees for the violation of this Terms and Conditions, or for the violation of any law or third party rights - including lawyers’ fees.
10.2 All items of this Terms and Conditions are governed by the laws in force in the Federative Republic of Brazil. For all matters relating to its interpretation and enforcement, the parties submit to the Central Court of the City of Rio de Janeiro.
 

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