Terms & Conditions of Service / Privacy Policy / Cookie Policy

Terms & Conditions of Service / Privacy Policy / Cookie Policy

General provisions

The following terms and conditions govern all use of the ILUMIUM.COM website and all content, services and products available at or through the website (taken together, the Website).

The Website is owned and operated by Ilumium d.o.o. (“Ilumium”). Ilumium d.o.o. is registered at the following address: Trzaska c. 29, 1000 Ljubljana, Slovenia, and registered into the register of entrepreneurs of National Court Register by the District Court for the city of Ljubljana under the Submission number 3961000, with Registration number 1919881000 and Tax number SI94976317, with the share capital in the amount of 8.763,00 EUR.

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Ilumium’s Privacy Policy) and procedures that may be published from time to time on this Site by Ilumium (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Ilumium, acceptance is expressly limited to these terms.

Definitions

Unless the context otherwise requires, the terms used in the Terms and Conditions shall have the following meaning:

  • Website: ILUMIUM.COM;
  • Administrator: the owner of ILUMIUM.COM website;
  • Terms and Conditions – the Terms and Conditions at hand that define the use of Website, content, Products and services;
  • User – a natural person, legal person, organizational entity without legal personality, using the ILUMIUM.COM website;
  • Password – a unique string granting access to the User while logging in to ILUMIUM.COM website;
  • Digital Product – computer software (from here onwards also referred to as Product);

Technical requirements

In order to use the Website, the User is required to: have access to the Internet and web browser that supports HTML standard and JavaScript environment, as well as to enable cookies.

In order to purchase and download the Digital Products, the User is required to register at- or login to- the Website.

Communication with the User

The Administrator communicates with the User via electronic communication means, by phone or in writing, in accordance with the contact details provided by the User at the Website.

Registration and logging-in

Purchasing of the products, access to the support and other restricted access services are possible after creation of the User account at the Website.

User’s account details enable the User to log in to domain owned by the Administrator.

An active account on ILUMIUM.COM website allows for use of the Website, Shop and Support.

By means of registration – creation of the User account, the User confirms that he or she has read the Terms and Conditions and agrees to comply with them.

Logging in is possible after registration.

The registration is performed by entering:

  • User’s e-mail address;
  • Password;
  • User’s contact details.

After the registration, the User shall log in to the Website account by entering User’s e-mail address and Password.

Registration at the Website entitles the Administrator to send commercial messages to the User via electronic communication means.

User’s obligations

The User undertakes to:

  • use the Website in such a way that it is impossible for the third parties to gain access to Password or manipulate it;
  • refrain from taking any action that could damage the software used by the Administrator or could cause the loss of data in Administrator’s possession;
  • use the Products purchased in a way that is legal and compliant with the licence;
  • make lawful use of the Website that is in accordance with good practices and does not lead to infringement of third parties’ personal interests or Administrator’s interests.

Providing illegal content by means of malware, phishing or spying software and the application of automatic scripts and robots trying to gain un-granted and/or unlawful access is prohibited.

Products

All Products offered in the Website Shop are brand new and with the warranty.

After the User logs in to the Website in a correct manner, it is possible to place an order for Products offered in the Shop, herein referred to collectively as the “Products”.

The range of available Products may be subject to change, specifically due to:

  • extension of Products offer;
  • withdrawal of some of the Products.

Each Digital Product sold in the Shop is personalized with a unlock code, private key and unlock data file that makes each copy individual.

Order placement procedure

The User can place orders only after accepting the Terms and Conditions. Before placing the order, each User may and has to read the whole content of the Terms and Conditions.

An order can be placed only by an adult person.

The orders are accepted by means of the Website’s IT system. The Website accepts orders 24/7. Orders placed on Saturday, Sunday or on public holidays in Slovenia shall be completed on the first working day following the day when the order is placed.

While placing the order, the User selects specific Products and then clicks the [ADD TO CART] icon. One click is equivalent to choosing one Product. After the selection is made, the Product is placed in User’s Cart. While the User is choosing the Products, he or she can go through the Products selected so far by clicking the CART item in the menu. If the User wants to dispense with some of the selected Products, he or she should click [X] icon next to the Products he or she wants to dispense with. The User selects payment method in the Cart, and the means of delivery (if the option is available). The majority of products are in the downloadable form, resulting in no delivery cost.

After selecting Products and payment method and reading the Terms and Conditions Agreement the User shall click the [PLACE ORDER] icon. Then, the User is instructed about the payment, depending on the selected payment method.

After the order is completed, the User is notified per email and the Products bought are made available for download at the Website (User’s Website account – menu item Downloads). Detailed instructions for activating the Products are to be found in the User Manual of each product.

Order change and cancellation

Subject to exceptions included in the Terms and Conditions, order change and cancellation can be done by sending an email to the Administrator: support@ilumium.com, with »order cancelation« and order number in the subject matter of an email.

Order change and cancellation is possible up to the moment of dispatching the order or before it is made available for the download at the Website.

The provisions concerning order change or cancellation shall be without prejudice to consumers’ right to return the Products.

Prices

The prices of the Products provided at the moment of placing the order are binding. The prices of the Products:

  • are in EUR;
  • include 22% of VAT;
  • do not include delivery cost.

Delivery

The date of delivery is equal to the sum of order completion time and delivery time. The information regarding current delivery costs (if they shall occur) is displayed next to the entrance to the Cart.

The Website Shop charges a fee for resending the Product, in accordance with the applicable price list, if the buyer provided a wrong delivery address or did not collect the parcel from the delivery company.

Payments

When purchasing Products in the website Shop, the User can choose the following payment methods:

  • direct bank transfer (EUR).

Order completion

The order shall be completed within the period indicated next to the Product. If the order comprises several Products, it shall be completed within the longest period indicated next to the Products.

The period begins, in case of orders paid:

  • via direct bank transfer (EUR) – after the transfer is recorded at the Administrator bank account.

The Administrator shall notify the User if the order cannot be completed. The Administrator shall not bear responsibility if it was not possible to contact the User.

The Website Shop’s stock is subject to dynamic change. If the Product ordered is unavailable at the moment of paying for it or completing the order, the Administrator shall immediately refund the money paid for the missing Product.

Reservations

The Administrator reserves the right to change prices of the Products and to conduct and withdraw promotions and sales.

The Administrator reserves the possibility of temporary disturbance to Shop’s functioning due to maintenance or modification works.

The Administrator shall not be liable for any consequences of the failure or decline in efficiency of the Internet connection, as well as of other technical problems that have impact on order completion and execution.

The Administrator shall not be liable for:

  • the way in which the User takes advantage of the Website and for the consequences of such use;
  • the consequences of the fact that third party gained access to User’s password, regardless of the reason of such situation;
  • illegal actions of third parties, namely interference in User’s end devices, especially hacking and computer viruses;
  • potential damages resulting from using the Products purchased in the Website Shop; including damages to the User, the equipment he or she will install the purchased products onto and personal damages.

Complaints procedure

The Administrator is responsible for delivering Products free from defects. The User has the right to file complaints concerning Website operation, order completion and technical defects of the ordered Product. Complaints regarding the orders should be sent to the following e-mail address: support@ilumium.com.

The complaints shall be investigated within 14 days as of the day when the Administrator receives them. In case the complaint cannot be investigated within this period, the Administrator shall notify the User of the reasons for such delay and of the predicted date of complaint investigation within this period.

The Administrator shall immediately notify the User of the decision concerning the complaint and send it by means of electronic communication to the address indicated by the User in the complaint.

The differences regarding the appearance of Products delivered and presented in the Website Shop being a result of different settings (parameters) of User’s computer and his or her software do not form a basis for filing a complaint.

Product return

The User being a Consumer has the right to withdraw from the contract without giving any reason within 14 days as of the day when the Consumer (or third party indicated by the Consumer, other than the carrier) obtains the Product – in case of Product on physical carrier.

In order to exercise the right of withdrawal from the contract, the Consumer shall notify the Administrator of the decision to withdraw from the contract by means of explicit statement (for example a letter sent by post, fax or e-mail).

In order for the contract withdrawal deadline to be considered observed, it is enough for the Consumer to send the information about exercising the right to withdraw from the contract prior to the deadline.

In case of User’s withdrawal from the contract, the Administrator shall return each and every payment received from the Consumer, including Product delivery costs (with an exception of additional costs resulting from the fact that the Consumer has chosen other delivery method than the cheapest one offered by the Administrator) immediately, but no later than within 14 days as of the date when the Consumer notifies the Administrator of withdrawal from the contract. The Administrator should return the payment to the Consumer by using the same methods that were used by the Consumer with the original transaction, unless the Consumer explicitly agrees on another solution.

The Administrator may refrain from refunding the payment until the Administrator receives the Product or the proof of dispatch, whichever is the earliest.

The Consumer shall send the Product back to the Administrator immediately, but no later than within 14 days as of the date when the Consumer notifies the Administrator of withdrawal from the contract. The time limit is considered observed if the Consumer sends the Product back within 14 days.

The Product, together with the proof of purchase, should be delivered to Administrator’s address. The Consumer is obliged to bear the direct costs of Product return. The Consumer is liable for reduction in Product value resulting from using the Product in a way that was not necessary to determine the nature, features and functioning of the Product.

The Consumer does not have the right to withdraw from the contracts concerning delivery of download version of Digital Product (computer software) if provision of service (e.g. allowing the Consumer to download the Digital Product) has begun with consumer’s explicit consent before the end of the period allowing for withdrawal from the contract.

The Consumer cannot exercise the right of withdrawal with regard to the contracts concerning computer software delivered in a box with a seal if the box has been opened after the delivery.

Special conditions regarding the use of dowloadable Products

Purchase of download version of Digital Product in the Website Shop is possible only if a User being a consumer waives the right to withdraw from the contract within 14 days as of software delivery. Such a statement is equivalent to the loss of right of withdrawal.

In case of download version of the Digital Product, the method of delivery shall be downloading it by the User by means of teletransmission via the Internet connection directly to the memory of the computer which will be used to download the Product or view it online.

The Administrator grants the User licence to use download version of the Digital Products in accordance with the terms indicated within Product description.

Privacy policy and Personal data

Website visitors: Like most website operators, Administrator collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Administrator’s purpose in collecting non-personally identifying information is to better understand how Administrator’s visitors use its website. From time to time, Administrator may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Administrator also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on ilumium.com blogs/sites. Administrator only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.

Gathering of Personally-Identifying Information: Certain visitors to Administrator’s websites choose to interact with Website in ways that require Administrator to gather personally-identifying information. The amount and type of information that Administrator gathers depends on the nature of the interaction. For example, we ask visitors who sign up at ilumium.com to provide a username and email address. Those who engage in transactions with Administrator are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Administrator collects such information only insofar as is necessary or appropriate to fulfil the purpose of the visitor’s interaction with Administrator. Administrator does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

The Administrator obtains personal data directly from the Users who simultaneously accept that their personal data shall be processed by the Administrator for the purposes of marketing and order completion. The Administrator undertakes to use appropriate technical and organisational measures that ensure proper protection of personal data obtained from the Users, in particular to:

a) protect data from being disclosed to unauthorized parties, taken or copied by unauthorized person, damaged or destroyed; b) ensure that data shall be processed only by authorized people who shall be acquainted with the Act on the Protection of Personal Data; c) obligate authorized people to process personal data; d) keep data secret.

The User has the right to view personal data processed by the Administrator at any time and to correct them, as well as to request that the data shall be supplemented, updated, corrected or deleted, no longer processed or not processed for some time if they are not complete, valid, correct, they have not been gathered in accordance with the act or they are no longer necessary for the purpose for which they have been gathered.

The Administrator has an applicable Personal data protection policy and Instruction for Personal data processing systems management.

In plain language: The personal data we ask you to provide and that we keep is related to the purchases you make and is necessary in the process for us to grant you access to your orders/downloads and data required on the official receipt after the transaction is made. This includes your name, surname, billing address, city, post code and country (for the billing receipt), e-mail address and your username (for your online access to our store and private forums). We do not disclose or share this data with anyone. By creating your account and making a purchase you agree to these basic terms. Should you want to change or modify the data you provided, you can do so by accessing your account. Should you want your account and with it your personal data deleted, please contact our support service. It has to be noted that by deleting your account you will not be able to access your purchased, downloadable items or have access to potential upgrades of bought products that are delivered in the same manner. Developing and notifying our customers about updates of the products they have bought are considered a part of our excellence and commitment to the community. Should you not (for some reason) want to receive such notifications, please let us know.

Cookies policy

For the sake of User’s comfort, the Shop uses cookies and similar technologies in order to adjust the Shop and other websites owned by the Administrator to functional needs, needs of the Users, as well as for statistical purposes. Cookies stored on User’s end device may also be used by advertisers or partners cooperating with the Administrator.

Cookies are small text files that are sent by the website visited by the User to User’s end device.

Cookies are used in order to:

  • adjust the Administrator’s websites content to User’s preferences and to optimise use of the websites; in particular, these files allow for recognizing the User’s end device and viewing the website in a way that is adjusted to individual needs of the device;
  • create statistics that help understand the way in which Users make use of Administrator’s websites and enable the Administrator to enhance their structure and content;
  • maintain the User’s session (after logging in), which means that the User does not have to enter the login and password on each webpage.

Two main types of cookies are used within the ILUMIUM.COM domain: session cookies and persistent cookies. Session cookies are temporary files that are stored on User’s device until the User logs out, leaves the website or closes the software (web browser). Persistent cookies are stored on User’s device for the period specified in cookies parameters or until they are deleted by the User.

The following types of cookies are used within the ILUMIUM.COM domain:

  1. cookies used for protection, e.g. for detecting authentication misuse within ILUMIUM.COM domain;
  2. “essential” cookies that allow for use of services available within the ILUMIUM.COM domain, e.g. authentication cookies used for services that require authentication within ILUMIUM.COM domain;
  3. “efficiency” cookies that allow for collection of information concerning the way of use of websites constituting ILUMIUM.COM domain;
  4. “functional” cookies that make it possible to “remember” the settings chosen by the User and interface personalization, e.g. as far as the language, User’s region, font size, website appearance etc. is concerned;
  5. “advertisement” cookies that enable the Users to view advertisements adjusted to their interests.

In plain language: we use WordPress and WooCommerce suite for the online store. The cookies our store uses are related to those two.  To keep track of cart data, WooCommerce makes use of 3 cookies: woocommerce_cart_hash, woocommerce_items_in_cart, wp_woocommerce_session_The first two cookies contain information about the cart as a whole and helps WooCommerce know when the cart data changes. The final cookie (wp_woocommerce_session_) contains a unique code for each customer so that it knows where to find the cart data in the database for each customer. No personal information is stored within these cookies.

In many cases the software used for browsing the Internet (web browser) allows the cookies to be stored on User’s end device by default. The website Users can change the cookies settings at any time. The settings may be changed especially in such a way that automatic cookies support is blocked in the web browser’s settings or the User is notified each time the cookies are placed on User’s device. Details concerning the possibility and ways of supporting cookies are available in software settings (in the “Help” section of the web browser).

The Administrator informs that the limitations regarding use of cookies may affect some of the functionalities available on the Shop’s websites. The Administrator does not collect information automatically, with the exception of information contained in cookies.

Intellectual and Industrial Property

The Website’s name, concept, software, database and the names, trademarks, logos etc. used in the website, as well as the Products are legally protected.

This Agreement does not transfer from Ilumium to the User any Ilumium or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Ilumium. Ilumium, ilumium.com, the ilumium.com logo, and all other trademarks, service marks, graphics and logos used in connection with ilumium.com, or the Website are trademarks or registered trademarks of Ilumium or Ilumium’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. User’s use of the Website grants the User no right or license to reproduce or otherwise use any Ilumium or third-party trademarks.

Final provisions

The full content of the Terms and Conditions is made available to the Users free of charge via the Website, in the form that enables the User to download, save and print the Terms and Conditions.

Ilumium reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Administrator may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Administrator may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If the User wishes to terminate this Agreement or his/hers ilumium.com account (if you have one), he/she may simply discontinue using the Website. Notwithstanding the foregoing, if the User has a paid services account, such account can only be terminated by Ilumium if the User materially breach this Agreement and fail to cure such breach within thirty (30) days from Ilumium’s notice to the User thereof; provided that, Ilumium can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

The Website is provided “as is”. Ilumium and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Administrator nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. The User understands that he/she downloads from, or otherwise obtains content or services through, the Website at his/hers own discretion and risk.

The Updated Terms and Conditions shall be effective as of 20/05/2018 (previous update: 01/01/2017).