Terms of service

TERMS & CONDITIONS

The website https://www.lumeaactive.com.au, its associated features and mobile applications (‘Site’) is owned and operated by Lumea Active (‘Lumea Active’, ‘we’, ‘our’, ‘us’).

These Terms and Conditions (‘Terms’), our Privacy Policy, and any documents referenced within these Terms govern your use of the Site and the supply of products sold on the Site. By accessing, browsing, using the Site or placing an order to purchase a product from the Site (‘Order’), you acknowledge that you have read and understood these Terms and agree to be legally bound by them. We may amend these Terms at any time, and updated Terms will be published on the Site. Continued use of the Site constitutes acceptance of revised Terms.

1. ACCESS AND USE OF THE SITE

1.1 You must use the Site only in accordance with these Terms and all applicable laws.

1.2 You must not (or attempt to):

  • 1.2.1 interfere with or disrupt the Site or the servers or networks that host it;

  • 1.2.2 violate the security of the Site;

  • 1.2.3 access or use the Site in any illegal manner;

  • 1.2.4 send, upload or post anything offensive, unlawful, or infringing on any person’s rights.

1.3 You are responsible for all activity conducted on the Site under your access.

1.4 We may:

  • 1.4.1 remove or refuse to display any material at our discretion;

  • 1.4.2 report suspected unlawful activity to authorities.

1.5 All information you provide must be accurate, current, and not infringe third-party rights.

1.6 Access is provided on a temporary basis. We may suspend, withdraw, or amend any part of the Site without notice and accept no liability for unavailability.

1.7 Subject to these Terms, we grant a limited, personal, revocable, non-transferable, non-exclusive right to use the Site and its content solely to purchase products and use the Site as intended. Any other use is prohibited unless we provide prior written permission.

2. INFORMATION, PHOTOGRAPHS, INTELLECTUAL PROPERTY

2.1 The Site and its content are protected by copyright, trademarks and other intellectual property rights owned or licensed by Lumea Active.

2.2 You must not reproduce, distribute, modify, publish, communicate, or sell any material from the Site except as permitted by law or with our written consent.

2.3 We take reasonable steps to ensure accuracy of product information but cannot guarantee completeness, reliability, suitability, or error-free content. We are not responsible for inaccuracies arising from third-party information except as required under Australian Consumer Law.

2.4 Product images may vary due to photographic limitations or screen differences. Promotional images may differ from actual products.

3. ORDERS

3.1 When placing an Order, you must follow the instructions on the Site and provide complete and accurate personal and shipping details.

3.2 Your Order is an offer to purchase products at the advertised price, delivery costs, and taxes. We accept your Order when products are dispatched.

3.3 We may change product prices at any time without notice.

3.4 Orders must be paid in full using accepted payment methods. You must not use fraudulent or unlawful payment methods and must be authorised to use the payment instrument.

3.5 By placing an Order, you authorise us to verify your identity and conduct credit or security checks as required.

3.6 If you make an error in your Order, contact Customer Service immediately. Amendments are not guaranteed and may incur additional fees.

3.7 We will email you when the Order is dispatched. This constitutes acceptance of your Order.

3.8 We may cancel all or part of an Order at our discretion, including if:

  • 3.8.1 products are unavailable;

  • 3.8.2 pricing or product description errors occur;

  • 3.8.3 you breach these Terms;

  • 3.8.4 payment fails;

  • 3.8.5 we suspect fraud.

3.9 If we cancel all or part of an Order, we will notify you and refund any amounts paid.

4. DELIVERY

4.1 We aim to dispatch Orders within 3 business days.

4.2 Delivery to your nominated address typically occurs within 10 business days.

4.3 You authorise us to leave the Order at your nominated address.

4.4 Deliveries are handled by Australia Post or other carriers selected by us.

4.5 Delivery times are estimates only. We are not liable for delays.

4.6 Risk transfers upon dispatch. Ownership transfers upon full payment and Delivery.

5. RETURNS

5.1 If the product is damaged, defective or faulty, contact Customer Service with images and details. We may require the product returned at your cost for assessment.

5.2 If confirmed defective, we will replace or refund the product.

5.3 Subject to law, returns will not be accepted if:

  • 5.3.1 the product was part of a promotion or special;

  • 5.3.2 you fail to notify us within 48 hours of Delivery;

  • 5.3.3 the product was improperly stored or handled;

  • 5.3.4 you changed your mind or made an ordering error;

  • 5.3.5 the reason is a price change.

6. PROMOTIONS

6.1 Promotions on the Site are subject to these Terms and any additional promotion-specific conditions.

6.2 Unless otherwise stated:

  • (a) promotional discounts and codes do not apply to sale items or subscription products;

  • (b) only one discount code can be used per transaction.

7. PRIVACY

7.1 Personal information is handled in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

7.2 You may opt to receive communications from us when providing your information.

7.3 For privacy enquiries, contact Customer Service.

8. ELECTRONIC COMMUNICATIONS

8.1 By using the Site, you consent to receiving electronic communications related to products, promotions, and services.

9. INTELLECTUAL PROPERTY

9.1 We own all intellectual property in the Site, its content, and products.

9.2 You must not copy, modify, distribute, sell, or lease any part of the intellectual property.

10. DISCLAIMER AND WARRANTIES

10.1 We make no warranties or guarantees about your use of the Site.

10.2 The Site is provided “as is”, “as available” and “with all faults”.

10.3 We do not guarantee accuracy, completeness or timeliness.

10.4 Nothing limits your rights under Australian Consumer Law.

10.5 We do not guarantee uninterrupted, secure, or error-free access.

10.6 To the extent permitted by law, all implied warranties are excluded.

11. LIMITATION OF LIABILITY

11.1 Your sole remedy is direct damages up to the value of the Order in question.

11.2 You cannot recover:

  • 11.2.1 consequential loss;

  • 11.2.2 loss of profits or income;

  • 11.2.3 loss of business or interruption;

  • 11.2.4 indirect, incidental, or punitive damages.

11.3 These limitations apply even if the remedy fails its essential purpose.

11.4 We are not liable for delays or failures caused by events outside our control.

11.5 Nothing limits rights under the Australian Consumer Law.

12. INDEMNITY AND RELEASE

12.1 You indemnify us against all claims, losses, and expenses arising from your breach of these Terms.

12.2 Claims must be filed within 1 year unless otherwise required by law.

13. LINKS TO OTHER WEBSITES

13.1 We do not endorse or guarantee third-party websites or services linked on the Site.

13.2 Accessing third-party links is at your own risk.

14. TERMINATION

14.1 We may suspend or terminate your Site access if you breach these Terms.

14.2 We may terminate access at our discretion without obligation to provide reasons.

15. GENERAL

15.1 These Terms supersede all prior versions.

15.2 You may not assign your rights. We may assign ours.

15.3 No waiver operates as future waiver.

15.4 Notices must be in writing via email or to our registered office.

15.5 These Terms benefit Lumea Active and its related entities.

15.6 Governing law: Queensland.

15.7 Jurisdiction: courts of Queensland.

15.8 If any provision is unlawful or unenforceable, it is severed without affecting remaining Terms.

15.9 You must comply with all applicable export laws.