TERMS AND CONDITIONS OF USE
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OVERVIEW
This website is operated by LunaPlume. Throughout the site, we use the terms "we", "us" and "our" to refer to LunaPlume. LunaPlume offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or making a purchase from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use", "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, without limitation, visitors, vendors, customers, merchants and/or content providers.
Please read these Terms of Use carefully before accessing and using the Site. 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 Use, you may not be able to access or use the Site or its services. If these Terms of Use are considered an offer, your acceptance is expressly limited to these Terms of Use.
The Terms of Use also apply to any new tools or features added to this store. You can view the latest 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 to see if any changes have been made. Your continued use of the page following the posting of changes constitutes your acceptance of those changes.
Our store is operated by Shopify Inc. which provides us with an e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - TERMS OF USE OF OUR ONLINE STORE
By agreeing to these Terms of Use, you represent that you are of legal age in your region, province or state and that you have given us permission to allow minors in your care to use this site.
You may not use our products for any illegal or unauthorized purpose or violate any laws in your jurisdiction by using the Service (including, without limitation, copyright laws).
You may not transmit worms, viruses or other destructive code.
Violation of any of these Terms will result in immediate termination of your Service.
SECTION 2 - TERMS AND CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (except credit card information) may be transmitted in unencrypted form and that this includes (a) transmission over multiple networks; and (b) changes made to conform and adapt to technical requirements of connecting networks or devices. Your credit card information is encrypted each time it is transferred between networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, any use of or access to the service, or any communication on the website through which the service is provided, without our express written permission.
Headings used in this agreement are for convenience only and do not limit or affect these terms.
CLAUSE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible for any information contained in this site that is inaccurate, incomplete or not current. The content of this site is for general information purposes only and should not be relied upon or used as the sole basis for making a decision without consulting more comprehensive, accurate, complete or up-to-date sources of information. Some customer advice may be sourced from external sites and may be corrected or modified. If you rely on the content of this site, you do so at your own risk.
This site may contain certain historical information. By definition, historical information is not current and is for reference only. Certain information may be sourced from external sites. We reserve the right to make changes to the content of this site at any time, but we have no obligation to update the information contained on the site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - SERVICE AND PRICE CHANGES
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 for any modification, suspension or discontinuance of the service.
PART 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online through the Website. Quantities of such products or services may be limited and returns or exchanges are strictly subject to our return policy.
We have made every effort to display the colors and images of the products shown in the store as accurately as possible. Our products are supplied directly by our supplier. However, we cannot guarantee the accuracy of the display of colors on your computer screen.
We reserve the right, but not the obligation, to restrict the sale of our products or services to any particular person, geographic area 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 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 products, services, information or other materials purchased or obtained by you will meet your expectations or that defects in 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 with the same customer account, the same credit card and/or orders using the same billing and/or delivery address. If we modify or cancel an order, we will attempt to notify you by contacting you at the e-mail address and/or billing address or phone number provided at the time the order was placed. We reserve the right to restrict or refuse orders that we believe have been placed by resellers, dealers or distributors.
You agree to provide complete and accurate purchase and account information in a timely manner for all purchases made from our store. You agree to update your account and other information, including your email address and credit card numbers and expiration dates, promptly so that we can process transactions and contact you if necessary.
For more information, please see 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 you access to these tools on an "as is" and "as available" basis, without any warranties, representations or conditions and without any endorsement. We will not be liable for anything arising out of or related to your use of the Optional Third Party Tools.
Your use of optional Tools provided through the Site is at your sole discretion and risk. It is also your responsibility to familiarize yourself with the terms and conditions under which such third party providers offer such tools and to agree to such terms and conditions.
We may in the future offer new services and/or features through the Site (including making available new tools and resources). These new services and/or features will also be subject to these terms and conditions.
SECTION 8 - LINKS TO THIRD PARTIES
Certain content, products and services available through our Service may contain material from third parties.
Third party links on this Site may direct you to third party websites that are not affiliated with us. We have no obligation to review or evaluate their content or accuracy, and we do not warrant or assume any liability or responsibility for the content or third-party source websites or any other content, products or services.
We will not be liable for any loss or damage in connection with the purchase or use of goods, services, resources, content or other related transactions from such third-party websites. Please review carefully the policies and practices of these third parties and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns or questions about third party products should be directed to such third parties.
SECTION 9 - COMMENTS, FEEDBACK AND OTHER NOTICES
If you submit certain content to us at our request (for example, as part of a contest entry) or if you send us creative ideas, suggestions, proposals, designs or other materials online, by email, by postal mail or otherwise (collectively, "Feedback") without our request, you grant us the right, at any time and without limitation, to edit, copy, publish, distribute, translate and use in any medium any Feedback you submit to us. We are not and will not be obligated (1) to maintain the confidentiality of any Comments, (2) to compensate any person for any Comments provided, or (3) to respond to any Comments.
We may, but are not obligated to, remove content and accounts that include content that we, in our sole discretion, deem unlawful, offensive, threatening, abusive, defamatory, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party's intellectual property rights or these Terms of Use.
You agree that your comments will not infringe the rights of any third party, including copyright, trademark, privacy, publicity or any other personal or intellectual property rights. You further agree that your comments will not contain any unlawful, offensive or obscene material, computer viruses or other harmful software that could in any way interfere with 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 any comments. You are solely responsible for the accuracy of any comments you make. We accept no responsibility or liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL DATA
The transmission of your personal data to our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Our Site or Service may occasionally contain information that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, 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 information on the Service or related website is inaccurate, at any time without notice (including after you have placed an order).
We have no obligation to update, modify or clarify any information on the Service or any related website, including but not limited to pricing information, except as required by law. A specific update or restatement date applicable to the Service or any related website is not intended to be an indication that all information provided on the Service or any related website has been changed or updated.
SECTION 12 - PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or any of its contents
(a) for illegal purposes; (b) incite others to commit or participate in illegal acts; (c) violate any local ordinance or any international, federal, provincial or state law, rule or regulation; (d) infringe or violate any of our or others' intellectual property rights ; (e) harass, abuse, insult, abuse, defame, slander, libel, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) provide false or misleading information;
(g) upload or transmit viruses or other harmful code that interrupt or may interrupt the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track the personal information of others; (i) spam, fish, scrape, capture, extort, browse, search or scan the Internet; (j) for obscene or immoral purposes; or (k) interfere with or circumvent the security measures of the Service or any related website or other websites or the Internet. We reserve the right to terminate your use of the Service or any related website in the event of a breach of any prohibited use condition.
SECTION 13 - DISCLAIMER AND LIMITATION OF LIABILITY
We do not warrant that your use of our Service will be uninterrupted, secure, timely or error-free.
We do not warrant that the results obtained from the use of the Service will be accurate or reliable.
You acknowledge that we may suspend or withdraw the Service 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 provided (unless we expressly state otherwise) "as is" and "as available" for your use without any representation, warranty or condition of any kind, either express or implied, including any implied warranties or conditions of merchantability or fitness for a particular purpose, durability, title and non-infringement.
In no event shall LunaPlume, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damages, losses, claims or demands of any kind, whether direct or indirect, consequential, incidental, punitive, special or consequential damages, including, without limitation, loss of profits, revenue, savings or data, replacement costs or other similar damages, whether or not arising in contract, tort (including negligence) strict liability or otherwise, arising out of your use of the service or any service or product using the service or any other claim related in any way to your use of the service or any product, including, without limitation, errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) displayed, transmitted or otherwise made available via the service, even if you have been advised of the possibility of the same.
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 is limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless LunaPlume and our parents, 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 referenced herein, or your violation of any law or the rights of another.
ARTICLE 15 - SEVERABILITY
If any provision of these Terms of Use shall be deemed unlawful, void or unenforceable, such provision shall be enforced 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 the remaining provisions.
CLAUSE 16 - TERMINATION
The obligations and liabilities of the parties arising prior to the date of termination shall survive the termination of this Agreement in all respects.
These Terms of Use shall 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 stop using our site.
If we determine or suspect, in our sole discretion, that you are not complying or have not complied with any term or provision of these terms of use, we may also terminate this agreement at any time without notice. You will remain liable for all of your debts up to the date of termination and, accordingly, we may deny you access to our services (or any part thereof).
POINT 17 - THE 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 policies or rules posted 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, all prior versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be construed as affecting the author of these Terms of Use.
ARTICLE 18 - APPLICABLE LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws.
ARTICLE 19 - CHANGES TO THE TERMS OF USE
You may consult the latest 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 from time to time for changes. Your continued use of our website and our service following any changes to these Terms of Use will constitute your acceptance of such changes.
SECTION 20 - CONTACT DETAILS
Any questions regarding the Terms of Use should be directed to the following address: contact@lunaplumeshop.com.