Lumaraboutique.shop, the operator of Lumaraboutique.shop (“Website”), respects the intellectual property rights of others and expects users of the Website to do the same. This Digital Millennium Copyright Act (“DMCA”) and Copyright Infringement Policy (“Policy”) explains how we handle copyright complaints regarding content hosted on or accessible through Lumaraboutique, in accordance with the India Digital Millennium Copyright Act of 1998, the Indian Copyright Act, 1957, the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and the Trade Marks Act, 1999.

1. Our Commitment to Intellectual Property

Lumaraboutique.shop is committed to protecting the intellectual property rights of artists, designers, photographers, brands, and other rights holders. We take all copyright, trademark, and intellectual property complaints seriously and will respond to valid notices in a timely manner. If you believe that any content displayed on Lumaraboutique.shop — including product images, text, graphics, designs, trademarks, or videos — infringes your intellectual property rights, please notify us using the procedure described below.

2. Scope of This Policy

This Policy applies to all claims of copyright, trademark, or other intellectual property infringement involving content hosted on, displayed on, or made accessible through Lumaraboutique.shop. It governs:

  • Submission of takedown notices by rights holders;
  • Submission of counter-notifications by content owners whose material has been removed;
  • Our response timelines and procedures;
  • Termination of repeat infringers;
  • Coordination with authorities and courts in India and abroad.

3. Legal Basis

This Policy is published in compliance with:

  • Digital Millennium Copyright Act (DMCA), 1998 — 17 U.S.C. § 512 (Safe Harbour provisions for online service providers)
  • Indian Copyright Act, 1957 — as amended, particularly Sections 51, 52, and 52A
  • Information Technology Act, 2000 — particularly Section 79 (intermediary safe-harbour provisions)
  • Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 — particularly Rule 3(2)(b) (takedown timelines)
  • Trade Marks Act, 1999 — for trademark infringement complaints
  • Berne Convention for the Protection of Literary and Artistic Works and other international treaties to which India is a signatory

4. How to Submit a DMCA / Copyright Takedown Notice (Email Only)

All takedown notices must be submitted in writing exclusively by email to our Designated Copyright Agent at support@lumaraboutique.shop with the subject line:

“DMCA Takedown Notice — [Brief Description]”

We do not accept takedown notices through phone, fax, social media, postal mail, or our customer account portal. Notices submitted through any non-email channel will not be considered valid under this Policy.

5. Required Information in a Takedown Notice

To be considered a valid takedown notice, your email must contain ALL of the following information as required by 17 U.S.C. § 512(c)(3) and Rule 3(2)(b) of the IT Rules, 2021:

  1. Identification of the copyrighted work claimed to have been infringed. If multiple works are involved, provide a representative list.
  2. Identification of the allegedly infringing material, including the exact URL(s) on Lumaraboutique.shop where the infringing material appears, along with screenshots if possible.
  3. Your full legal name, postal address, telephone number, and email address.
  4. A statement that you have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law.
  5. A statement made under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or are authorised to act on behalf of the owner.
  6. A physical or electronic signature of the copyright owner or person authorised to act on their behalf (typed full name with date is acceptable for electronic submissions).
  7. Proof of ownership or authorisation (e.g., copyright registration certificate, brand authorisation letter, or other supporting documents) — strongly recommended to expedite processing.

Incomplete notices may delay the processing of your complaint or result in the notice being rejected.

6. Response Timeline

Upon receipt of a valid takedown notice, Lumaraboutique.shop will:

  • Acknowledge receipt of your notice by email within 24 working hours;
  • Review the notice for completeness and good-faith basis;
  • Remove or disable access to the allegedly infringing material within 36 hours of receipt of a valid notice, as required by Rule 3(2)(b) of the IT Rules, 2021;
  • Notify the user who posted or uploaded the material (where applicable) about the removal;
  • Maintain the removed material in our records for at least 180 days as required by Rule 3(1)(g) of the IT Rules, 2021.

7. Counter-Notification Procedure

If you are the owner of the material that has been removed and you believe the removal was due to a mistake or misidentification, you may submit a counter-notification under 17 U.S.C. § 512(g) of the DMCA. Counter-notifications must also be submitted exclusively by email to support@lumaraboutique.shop with the subject line:

“DMCA Counter-Notification — [Brief Description]”

8. Required Information in a Counter-Notification

Your counter-notification must include ALL of the following:

  1. Identification of the material that was removed or disabled and the location at which the material appeared before it was removed (URL or product reference).
  2. A statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
  3. Your full legal name, postal address, telephone number, and email address.
  4. A statement consenting to the jurisdiction of the competent courts in India, and where applicable, the U.S. Federal District Court for the judicial district where your address is located (or the Northern District of California if outside the U.S.).
  5. A statement that you will accept service of process from the party that submitted the original takedown notice or their authorised representative.
  6. A physical or electronic signature of the user or person authorised to act on their behalf.

9. Restoration of Material

Upon receipt of a valid counter-notification, we will:

  • Forward a copy of the counter-notification to the party that submitted the original takedown notice;
  • Inform the original complainant that the removed material may be restored within 10 to 14 business days unless the complainant notifies us that they have filed a court action seeking an injunction;
  • If no such court action is filed within the timeframe, we may restore the removed material on our Website at our discretion;
  • If a court action is filed, the material will remain removed pending resolution of the case.

10. Trademark and Other Intellectual Property Infringement

In addition to copyright complaints, we accept complaints relating to:

  • Trademark Infringement — under the Trade Marks Act, 1999 (India) and the Lanham Act (US);
  • Design Infringement — under the Designs Act, 2000 (India), particularly relevant for product design copies;
  • Patent Infringement — under the Patents Act, 1970 (India);
  • Publicity Rights & Personality Rights — protection of name, image, and likeness.

The same procedure outlined in Sections 4 and 5 applies, with the subject line modified accordingly (e.g., “Trademark Infringement Notice — [Brief Description]”). Please provide the registration certificate or proof of ownership of the trademark, design, or patent along with your notice.

11. Repeat Infringer Policy

In accordance with 17 U.S.C. § 512(i) of the DMCA and best practices under the IT Rules, 2021, Lumaraboutique.shop has adopted a policy of terminating, in appropriate circumstances, the accounts of users or sellers who are repeat infringers. We may, at our sole discretion:

  • Issue a warning after the first valid infringement complaint;
  • Suspend an account temporarily after a second valid infringement complaint;
  • Terminate an account permanently after a third valid infringement complaint, or earlier in cases of egregious or wilful infringement;
  • Block IP addresses associated with repeat infringers;
  • Report severe or wilful violations to the appropriate authorities, including the Cyber Crime Cell or relevant courts.

12. Misrepresentation Warning

Submitting a false, misleading, or fraudulent takedown notice or counter-notification is a serious matter. Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing — or that material was removed by mistake or misidentification — may be liable for damages, including costs and attorneys’ fees incurred by the alleged infringer, the copyright owner, the copyright owner’s authorised licensor, or by Lumaraboutique.shop as the service provider.

Under Indian law, such misrepresentation may constitute an offence under Section 66 of the Information Technology Act, 2000 (computer-related offences), Section 415 of the Indian Penal Code, 1860 (cheating), and Section 63 of the Copyright Act, 1957 (offences relating to infringement). We strongly advise you to consult with a qualified intellectual property lawyer before submitting a notice or counter-notification.

13. Indemnification

By submitting a takedown notice or counter-notification, you agree to defend, indemnify, and hold harmless Lumaraboutique.shop, its affiliates, agents, and employees from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your notice or counter-notification, your alleged infringement, or your participation in any proceeding related to the matter.

14. Limitation of Liability

  Lumaraboutique.shop acts as an intermediary in good faith under Section 79 of the IT Act, 2000 and Rule 3 of the IT Rules, 2021. We do not actively monitor or police content on the Website but respond promptly to valid takedown notices. We shall not be liable for any third-party content, links, or material made available through the Website. Our liability for any error in processing a takedown notice or counter-notification shall be limited to the maximum extent permitted by applicable law.

15. Cooperation with Authorities

We cooperate fully with court orders, subpoenas, and lawful requests from law enforcement, regulatory authorities, and intellectual property offices, both in India and internationally. If you have obtained a court order or other legal directive requiring us to take action against allegedly infringing content, please email a copy of the order to support@lumaraboutique.shop with the subject line “Legal Order — [Case Reference]”.

16. Confidentiality of Notices

Please note that the information you provide in a DMCA or copyright infringement notice may be shared with the alleged infringer, posted on transparency reports, or used in legal proceedings as required by law. By submitting a notice, you consent to such disclosure where necessary for resolution of the complaint.

17. Designated Copyright Agent / Grievance Officer

For the purposes of this DMCA Policy and in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, our designated Copyright Agent and Grievance Officer for receiving copyright and intellectual property complaints is:

  • Name: Lumaraboutique.shop
  • Designation: Designated Copyright Agent / Grievance Officer / Sole Proprietor
  • Email: support@lumaraboutique.shop
  • Address: 1, Samarth Nagar, Chunabhatti, Sion, Mumbai, Maharashtra 400022, India
  • Working Hours: Monday to Friday, 10:00 AM – 6:00 PM IST (excluding public holidays)

The Designated Copyright Agent will acknowledge complaints within 24 hours and aim to resolve them within 15 days, in line with the IT Rules, 2021.

18. Modifications to This Policy

  Lumaraboutique.shop reserves the right to modify, amend, or update this DMCA Policy at any time without prior notice. Any updates will be posted on this page with a revised “Last Updated” date. The version applicable to a given complaint is the one in effect at the time the complaint is received.

19. Governing Law and Jurisdiction

This DMCA Policy is governed by and construed in accordance with the laws of the Republic of India. The competent courts in India shall have exclusive jurisdiction over any dispute arising out of or relating to this Policy or any takedown notice or counter-notification submitted under it. Where DMCA-specific provisions of US law are applicable (e.g., for counter-notifications consenting to U.S. jurisdiction), the relevant U.S. Federal District Court shall have concurrent jurisdiction.

20. Contact Us

For all DMCA notices, counter-notifications, copyright complaints, and intellectual-property-related communications, please email us using the details below. Email is our only supported channel for DMCA and intellectual property notices.

  • Seller Name: Lumaraboutique.shop
  • Website: Lumaraboutique.shop
  • DMCA Email (only channel): support@lumaraboutique.shop
  • Address: 1, Samarth Nagar, Chunabhatti, Sion, Mumbai, Maharashtra 400022, India
  • Email Response Time: Within 24 working hours, Monday to Friday (excluding public holidays)

By submitting a notice, counter-notification, or any communication under this DMCA Policy, you acknowledge that you have read, understood, and agreed to be bound by its terms.

Last Updated: May 2026