Terms and Conditions

Welcome to the LUMINANCEONLINE.COM website (the "website"). By accessing this website you agree to these terms and conditions (the "Terms"). If you do not agree to them you may not use this website and should leave it immediately. LUMINANCEONLINE.COM is an online service of LUMINANCE ("LUMINANCEONLINE.COM"/"We"/"our"/"us") provided solely for your personal use for the sale of clothing, accessories and other Items ("Items").

We have taken great care to ensure that the Items on our website are presented as accurately as possible. However colour clarity will depend upon your own personal monitor and/or may differ slightly from the actual item due to the lighting during photo shooting, we therefore cannot guarantee that the colour of the actual Item is absolutely accurate. Before placing an order please read through these Terms.

To be eligible to purchase Items on this Website you must: a. be the holder of a valid debit/credit card b. warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects

If your personal information changes then please notify us immediately following email info@nondunaluxuryventures.com

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

By using this site you agree to comply with, and be bound by, these Terms.

We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.

Registration

To register with www.luminanceonline.com you must be over 18 years of age. If you are under 18 you must have parental permission to register.

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

Security

To help ensure that your shopping experience is safe, simple and secure, www.luminanceonline.com uses Secure Scoot Layer (SSL) Technology. This encrypts and protects the data you send us over the Internet. If SSL is enabled then you will see a padlock at the bottom of your browser and you can click on this to find out more information about the SSL digital certificate registration.

We will take all reasonable care to keep your order secure, but in the absence of our sole negligence we cannot be held liable for any loss you may suffer if a third party obtains unauthorized access to any of your data, including credit card details that you have provided.

Representations and Warranties: Limitations of liability

We warrant that all our products are of satisfactory quality, comply with their description, are fit for their purpose and that we have good title to sell them to you.

Save for the warranty above, we make no representations or warranties of any kind whatsoever, expressed or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any

  • a. interruption of business;
  • b. access delays or access interruptions to the Website;
  • c. data non-delivery, mis-delivery, corruption, destruction or other modification;
  • d. loss or damages of any sort incurred as a result of dealings with or the presence of off- Website links on the Website;
  • e. computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites;
  • f. any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
  • g. events beyond our reasonable control.

Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

General

You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any Items from LUMINANCEONLINE.COM, and supersede and govern all prior proposals, agreements, or other communications.

If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by LUMINANCEONLINE.COM shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms. We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

If you have any questions regarding these Terms, please contact us by email info@nondunaluxuryventures.com

Competitions

(1)Unless expressly stated otherwise these terms will apply to all competitions offered on this web site, our social media platforms and newsletters. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail. Specific competition rules will be made available on this web site. The competition offer will set out at least the following:

  • The prizes on offer
  • The steps required to participate
  • The basis for determining the winners
  • The closing date
  • How the winners will be made known
  • Where, when and from whom prizes are to be claimed
  • The address of the web pages where the competition rules and these terms can be obtained

(2)All competitions offered on this web site will be open to residents of South Africa only unless expressly stated otherwise. We may also stipulate additional entry criteria for entrants to a competition (e.g. a minimum age) and any entrant failing to comply with such criteria may be refused entry.

(3)Anyone working for us or any entity in our group or for the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent or consultant) and any person with more than 5% shareholding in any of our group entities, or for any of our advertising, media or public relations agencies, as well as any family members of any of the aforesaid are prohibited from entering any competitions offered on this web site.

(4)The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.

(5)We will be entitled to all right, title and interest in all entries submitted, including all intellectual property rights. Entrants must do all things necessary, including the execution of any requisite documentation to transfer such rights to us, as and when requested.

(6)Any entrant may be required to submit proof of age. If you are not yet 18, you will be required to obtain your parents' or legal guardians' advance authorisation, permission and consent to participating in a competition or any of the related activities. If you fail to obtain such consent you may not participate in the competition or the related activities.

(7)The judges decision will be final. We will not enter into correspondence.

(8)All entrants' information will be used only in accordance with our Client Information Processing Policy.

(9)Where entry by SMS is applicable, SMSs are charged. Standard rates apply of R1,50 per SMS. Free rates do not apply. Errors will be billed.

(10)Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.

(11)We reserve the right not to award a prize in any situation where it would be unlawful to do so.

(12)Multiple winners may be subject to tie-break to decide an outright winner.

(13)We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.

(14)Your name and place of residence may be published when winners are announced.

(15)Winners may be requested to be photographed for publicity purposes or to participate in a radio or television broadcast or other marketing activity. No fees will be payable in this regard. Participation in any such marketing activity is voluntary and may be declined.

(16)No cash alternative is available to any prize unless expressly stated otherwise.

(17)Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.

(18)If any prize offered becomes unavailable for reasons outside of our control, we reserve the right to select an alternative prize of equivalent type and value.

(19)Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.

(20)We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges’ discretion, void entries.

(21)YOU ENTER OUR COMPETITIONS AT YOUR OWN DISCRETION AND RISK. WE, OUR AFFILIATES, COMPETITION PARTNER/S AND THEIR RESPECTIVE SHAREHOLDERS, EMPLOYEES, OFFICERS AND REPRESENTATIVES SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS, DAMAGE, INJURY OR COSTS, HOWSOEVER ARISING, SUFFERED AS A RESULT OF YOUR PARTICIPATION IN A COMPETITION, SAVE TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.