GENERAL TERMS AND CONDITIONS OF SALE

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OVERVIEW

This website is operated by Lunavaro (LUNA ECOMMERCE LLC, EIN 98-1784309). Throughout the site, we use the terms "we", "us" and "our" in reference to Lunavaro. This website, including all information, tools and services available through it, is offered by Lunavaro to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our site and/or purchasing something from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms of Use"), including the terms, conditions and policies referenced and/or hyperlinked herein. These Terms of Use apply to all users of the Site, including, but not limited to, visitors, suppliers, customers, merchants and/or content providers.
Please read these terms of use carefully before accessing and using our website. By accessing or using any part of the site, you agree to be bound by these terms of use. If you do not agree to all of the terms of this agreement, you may not be able to access the website or use its services. If these terms of use are considered an offer, acceptance is expressly limited to these terms.

Each new tool or feature added to this shop is also subject to the terms of use. You can consult the most recent version of the terms of use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check this page from time to time for changes. Your continued access or use of the website following the posting of changes will mean that you accept those changes.
Our shop is hosted on Shopify Inc. which provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - TERMS OF USE OF THE ONLINE SHOP

By accepting these Terms of Use, you represent that you are at least the age of majority in your region, province or state and that you have given us permission to allow any minor in your care to use this site.

You must not use our products for any illegal or unauthorised purpose or in breach of any laws in force in your jurisdiction when using the service (including, without limitation, copyright laws).

You must not transmit any worms, viruses or other code of a destructive nature.

Any breach or violation of any of the Terms will result in immediate termination of your services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time and for any reason.

You understand that your content (with the exception of credit card information) may be transferred without encryption and that this includes (a) transmissions over multiple networks; and (b) changes made to conform and adapt to technical requirements of connecting networks or devices. Your credit card information is always encrypted when transferred over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service, any use of or access to the service, or any contact on the website through which the service is provided, without our express written permission.

The headings used in this agreement are for convenience only and do not limit or affect these terms in any way.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We cannot be held responsible if the information provided on this site is inaccurate, incomplete or out of date. The content of this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting greater, more accurate, more complete or more current sources of information. If you rely on the content of this site, you do so at your own risk.

This site may contain certain historical data. By definition, historical information is not current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information contained herein. You acknowledge that it is your responsibility to monitor changes to our site.

SECTION 4 - CHANGES IN SERVICE AND PRICES

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.

We will not be liable to you or to any third party for any change in price or any modification, suspension or discontinuance of the service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may only be available online on the website. Quantities of such products or services may be limited and their return or exchange is strictly subject to our returns policy.

We have endeavoured to present the colours and images of the products in the shop as accurately as possible. However, we cannot guarantee the accuracy with which colours will appear on your computer screen.
We reserve the right, but are not obliged, to restrict the sale of our products or services to a particular person, geographic region or jurisdiction. We reserve the right to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions and prices are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any offer of products or services on this site is void where prohibited by law.

We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations, or that defects in the service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may apply to orders placed by or on the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you using the e-mail address and/or billing address or telephone number provided at the time the order was placed. We reserve the right to restrict or prohibit orders which, in our opinion, appear to have been placed by traders, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made from our shop. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we may process your transactions and contact you if necessary.

For more information, please consult our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third party tools that we do not monitor, control or manage.

You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis, without warranty, representation or condition of any kind and without endorsement. We shall not be liable for anything arising out of or in connection with your use of any third party Optional Tools.

Any use by you of the Optional Tools offered on the Site is entirely at your own discretion and risk. In addition, it is your responsibility to inform yourself of and agree to the terms and conditions under which such tools are provided by the relevant third party supplier(s).

We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). These new services and/or features will also be subject to these terms of use.

SECTION 8 - LINKS WITH THIRD PARTIES

Certain content, products and services accessible via our Service may include elements from third parties.

Third party links on this site may redirect you to third party websites that are not affiliated with us. We are not required to review or evaluate their content or accuracy, and we do not warrant or assume any responsibility for the content or websites or other content, products or services of third party sources.

We are not responsible for any harm or damage in connection with the purchase or use of any goods, services, resources, content or any other transaction related to such third party websites. Please read the policies and practices of these third parties carefully and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the relevant third party.

SECTION 9 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit specific content (for example, as part of your participation in contests) or if, without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by postal mail or otherwise (collectively, "Feedback"), you grant us the right, at any time and without limitation, to edit, copy, publish, distribute, translate and use in any media any Feedback you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to compensate any person for any comments provided, or (3) to respond to any comments.
7. We may, but are not obligated to, remove content and accounts containing content that we, in our sole discretion, deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Use.

You agree that your comments will not in any way infringe the rights of third parties, including copyright, trade marks, privacy, personality or any other personal or intellectual property rights. You also agree that your comments will not contain any unlawful, abusive or obscene material or any computer virus or other malicious software that may in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us or others as to the origin of your comments. You are entirely responsible for any comments you make and their accuracy. We accept no responsibility for comments posted by you or by third parties.

SECTION 10 - PERSONAL INFORMATION

The transmission of your personal information on our shop is governed by our Privacy Policy. Click here to consult our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, our Site or the Service may contain information that contains typographical errors, inaccuracies or omissions concerning product descriptions, prices, promotions, offers, shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Service or any related website is inaccurate, at any time and without notice (including after you have placed your order).

We are under no obligation to update, amend or clarify any information on the Service or any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date applied to the Service or any related website shall be deemed to indicate that all information on the Service or any related website has been changed or updated.

SECTION 12 - PROHIBITED USES

In addition to the other prohibitions set out in the Terms of Use, you are prohibited from using the Site or its content:
(a) for illegal purposes; (b) to incite others to commit or take part in illegal acts; (c) to violate any local ordinance or any international, federal, provincial or state regulation, rule or law; (d) to infringe or violate our intellectual property rights or those of third parties; (e) harass, abuse, insult, hurt, slander, libel, denigrate, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin or disability; (f) submit false or misleading information;
(g) upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any related website or other websites or the Internet; (h) collect or track the personal information of others; (i) spam, phish, hijack, extort information, browse, search or scan the World Wide Web; (j) for obscene or immoral purposes; or (k) interfere with or circumvent security measures of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website in the event of any breach of the Prohibited Terms of Use.

SECTION 13 - EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

We do not warrant that use of our service will be uninterrupted, secure, timely or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that, from time to time, we may withdraw the service for indefinite periods or cancel it at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services provided to you through the service are (unless otherwise expressly stated by us) provided "as is" and "as available" for your use without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Lunavaro, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages, including, but not limited to, loss of profits, revenue, savings or data, replacement costs or other similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of or in connection with the use of the Software, strict liability or otherwise, arising out of your use of the service or any service or product using the service, or any other claim relating in any way to your use of the service or any product, including, but not limited to, errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) displayed, transmitted or made available through the service, even if you have been advised of the possibility of such claims.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the fullest extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold Lunavaro and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents to which they refer, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Use is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms of Use, without affecting the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.

These Terms of Use will remain in effect until terminated by either you or us. You may terminate these terms of use at any time by notifying us that you no longer wish to use our services, or when you cease to use our site.

If we determine or suspect, in our sole discretion, that you are in breach or have breached any term or provision of these terms of use, we may also terminate this agreement at any time without notice. You will then remain liable for all sums due up to and including the date of termination, following which we may refuse you access to our services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use or any other operating policies or rules published by us on this Site or relating to the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede all prior and contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior version of the Terms of Use).

SECTION 18 - APPLICABLE LAW - DISPUTES - MEDIATION

These Terms of Use and any separate agreements whereby we provide you with the Services shall be governed by and construed in accordance with the laws of 1209 MOUNTAIN ROAD PL NE, STE R, Albuquerque, NM 87110 (United States)

Applicable Law: This contract is governed by French law. The language of this contract is French. In case of a dispute, only French courts will have jurisdiction.

For any dispute related to an Order, the Customer should first contact Lunavaro to seek an amicable resolution via email at: contact@lunavaro.com

According to Article L. 612-1 of the French Consumer Code, the consumer has the option to request an amicable resolution through mediation, within one year from the date of their written complaint to the professional, subject to Article L.152-2 of the same code.

This establishment has designated SAS Médiation Solution as its consumer mediation entity, under registration number 1674/2010.

To engage the mediator, the consumer can submit their request:

– By mail to:

Sas Médiation Solution
222 chemin de la bergerie
01800 Saint Jean de Niost
Tel: 04 82 53 93 06

– By email at: contact@sasmediationsolution-conso.fr

– Or by completing the online form titled "Contact the Mediator" available on their website: https://www.sasmediationsolution-conso.fr

Regardless of the submission method, the request must include:

– The requester’s postal, phone, and email contact details,
– The name, address, and registration number with SAS Médiation Solution of the concerned professional,
– A brief description of the facts. The consumer should explain what they expect from the mediation and why,
– A copy of the initial complaint,
– All supporting documents necessary for processing the request (order form, invoice, proof of payment, etc.).

Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has established an Online Dispute Resolution platform to facilitate independent and extrajudicial settlements of disputes online between consumers and professionals in the European Union.

This platform can be accessed via the following link: https://webgate.ec.europa.eu/odr/

SECTION 19 - MODIFICATIONS TO THE TERMS OF USE

You may consult the most recent version of the Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check our website regularly for changes. Your continued access or use of our website and service following the posting of changes to these Terms of Use constitutes your acceptance of such changes.

SECTION 20 - CONTACT DETAILS

Questions relating to the terms of use should be addressed to us at the following address: contact@lunavaro.com

Customer service contact:
Phone: +1 (505) 531-9994

Monday - Friday: 08:30 AM - 5:00 PM MST

Email: contact@lunavaro.com

We respond to all emails within 24 hours (Monday to Saturday).

Visiting and postal address:
Company: LUNA ECOMMERCE LLC

Address: 1209 Mountain Road PL NE STE R, Albuquerque, New Mexico, 87110, United States.

Last modification made on 09/06/2024 at 11:31 AM