1. Overview
This website is operated by LumiGum Studio(“we”, “us” or “our”). By accessing or using our website, including purchasing any products or services, you agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including any additional terms, conditions, and policies referenced or made available by hyperlink.
These Terms of Service apply to all users of the site, including but not limited to browsers, customers, vendors, merchants, and content contributors.
Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions set forth in this agreement, you must not access the website or use any of our services.
We reserve the right to update or amend these Terms of Service at any time by posting changes to this page. It is your responsibility to review these Terms periodically. Your continued use of or access to the website after any changes constitutes acceptance of those changes.
Our store is hosted on Shopline, which provides us with the online e-commerce platform to sell our products and services.
2. Compliance with Australian Law
These Terms of Service are governed by the laws of Australia (unless otherwise required by applicable laws), including but not limited to the Australian Consumer Law (ACL) under the Competition and Consumer Act 2010 (Cth).
Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies under the ACL or any other applicable legislation that cannot be excluded, restricted or modified by agreement.
3. Consumer Guarantees
Under the Australian Consumer Law:
- Our goods come with guarantees that cannot be excluded under the ACL.
- You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
- If the goods fail to be of acceptable quality but the failure is not a major failure, you are entitled to have the goods repaired or replaced.
For full details of your rights as a consumer under the ACL, please visit the Australian Competition & Consumer Commission (ACCC).
4. Orders and Payment
All orders placed through our website are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to product or service availability, errors in product or pricing information, or suspected fraudulent transactions.
Prices are listed in AUD (Australian Dollars). GST (Goods and Services Tax) does not apply.
5. Blind Box (Mystery Box) Products
Some of our products are sold as “blind boxes” or “mystery items”, where the exact design or variation received is random.
Please note the following applies to blind box purchases:
- We do not accept returns, refunds, or exchanges for change of mind, design preferences, or duplicates, unless required by law.
- This does not affect your rights under the Australian Consumer Law.
- If your blind box product is faulty, damaged, or not as described, you may still be eligible for remedies under the Australian Consumer Law. In such cases, please contact us within 7 days of receiving your order with supporting photos and order details.
6. Limitation of Liability
To the fullest extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss or damage arising out of or in connection with your use of the website, services, or products, unless such liability is required to be imposed by law (including under the ACL).
Where liability cannot be excluded but can be limited, our liability is limited to one or more of the following (at our discretion):
- Replacement of goods or supply of equivalent goods;
- Repair of goods;
- Re-supply of services;
- Refund of purchase price paid.
Please note: Change of mind returns are not accepted. Remedies are provided in accordance with your rights under the Australian Consumer Law.
7. Changes to the Services or Website
We reserve the right to modify or discontinue our website (or any part of it) at any time, without notice. We are not liable to you or any third party for any such modification, price change, suspension or discontinuance.
8. Contact Information
Questions about the Terms of Service should be sent to us at: LumiGum@hotmail.com