ANY PERSON OR ENTITY (“User” or “Purchaser” or “You”), REGISTERED TO USE OR ACCESS THE SITE AT www.lunamenta.com (“Site”) OR ANY INFORMATION CONTAINED IN THE SITE, AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS WEBSITE USER AGREEMENT (“Agreement”).
1. The Service. When you visit the Site, purchase a Product or otherwise use the Service, you are contracting with Luna Menta Ltd, a company incorporated in England with its registered office at 17 Hanover Square, London W1S 1BN, UK. Luna Menta Ltd is referred to in this Agreement as “we”, “us”, “our” or “Luna Menta”.
2. Under 18s. Luna Menta is not directed at or to children, and we expect that any and all use of the Service by under 18s will be done only with appropriate consent if applicable (and in any case no one under the age of 13 may use the Service).
4. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Service; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Service; and, to not create additional registration accounts for the purpose of abusing the functionality of the Service, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, you must let us know immediately via email to firstname.lastname@example.org and we will close your account as quickly as possible. You agree that you will be responsible to Luna Menta and to others for all activity that occurs under your registration account.
5. The Luna Menta Service. Luna Menta offers for sale to Users various goods (“Products”) as listed on the Site from time to time (“Service”). Please note that Luna Menta does not warrant or guarantee the accuracy or completeness of listings, or that every offer will be accepted and Products displayed on the Site are intended only for demonstration or illustrative purposes, and may not be identical to the Product(s) delivered. Luna Menta does not guarantee that Product colours will be rendered correctly on your electronic device. Product dimensions provided on the Site are approximations for indicative purposes only. Precise colours, shapes and sizes may vary slightly from those presented on the Site as a result of natural characteristics. Please contact us before purchase via email@example.com if you require any specific information or have any questions about Products. We provide no assurance or guarantee that any Product(s) you purchase will be of satisfactory quality.
6. Content. The Service is intended only for the purposes specified on the Site, and use of any or all content contained within the Service (“Content”) is entirely at your own risk. You agree to not use the Service or any of the Content for any reason other than as authorised by Luna Menta solely via the normal functionality of the Service. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date and is subject to change, sometimes at short notice. From time to time, certain Content may become temporarily unavailable due to shortages, outages or other problems. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Nothing hereunder is intended to affect your statutory rights.
7. Purchasing Products. When purchasing Products via the Service, you acknowledge and agree that you are solely responsible for reading and understanding the relevant listing(s) in full, entering into a legally binding contract for such purchase and complying with any terms applicable to that (potentially international) contract. Luna Menta reserves the right to correct any processing errors that we may discover from time to time. Please note that we reserve the right to refuse to process a transaction for any reason in our sole discretion and Luna Menta shall not be liable to you or any third party in relation to any such refusal.
8. Acceptance. By placing an order through the Service, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by this Agreement. To place an order, you will be required to provide complete and accurate personal details on the order form. This may include (without limitation): name, email address, telephone number, invoicing and delivery address and payment information. After placing an order, you may receive an email from us acknowledging receipt of your order. Please note that this email is an acknowledgment and does not mean that your order has been accepted. All orders are subject to acceptance.
9. Prices. Prices (and/or packaging/delivery costs) are as set out on the relevant pages of the Service (except in cases of obvious error) and all listed prices are exclusive of VAT (or similar) tax unless otherwise stated. Such amounts are subject to change at any time. You are responsible for payment of sales tax and any other applicable import duties and taxes that may be levied once the Products reach your country.
10. Payment. Payment for Products may be by PayPal or certain credit or debit cards (as listed on the Site from time to time). All payments are subject to validation checks and authorisations. If PayPal or your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal. We are not responsible for any amounts charged to you by any third party as a result of our processing your payment in accordance with your order. By using your PayPal account, or credit or debit card, you confirm that the account/card is yours and that there are sufficient funds or credit available to cover the total amount payable to Luna Menta.
11. Delivery. Deliveries are subject to delivery costs set out in the relevant listing. Products are normally despatched within fourteen (14) days following receipt of payment, subject to availability. Bespoke or personalised Products may take up to eight (8) weeks to despatch. Deliveries may require a signature on delivery (and for this reason, it is not possible to deliver to a PO Box address or a hotel). Risk passes to you once delivered, but Products shipped to any non-card or non-account registered address are sent entirely at your risk. A signature may be required at time of delivery and therefore in some cases goods may not be left without such signature. In the unlikely event a Product is damaged or lost in transit, we shall endeavour to supply a replacement. If we cannot supply an identical Product, we will offer you an alternative similar Product and/or issue a credit note or refund. Please note that no title of the relevant goods shall pass to you until payment has been received in full and delivery has been completed. If you order Products for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict amounts or other requirements. If in doubt, please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. Damaged Products. Products will be your responsibility after the time of delivery. Therefore, if the packaging is damaged at the time of delivery, please check the package in the presence of the carrier in order to verify the condition of the Products. In the unlikely event a Product is damaged or lost in transit, you must immediately report the damage to firstname.lastname@example.org. If such damage is verified and an identical Product cannot be supplied, you may be offered an alternative similar Product and/or issued a credit note.
13. Right of Cancellation. Other than bespoke Products (which may not be cancelled or returned), you may cancel your purchase at any time within fourteen (14) days, beginning on the day after you receive the purchased Product(s). In such case, you will receive a full refund of the price paid for such Product(s) in accordance with our refunds policy (set out below). To cancel a purchase, you must inform us in writing and must return the Product(s) to us, in the original packaging, undamaged, in a (re)saleable condition with the security tag still attached in the original position and condition and without any evidence of tampering, as soon as reasonably practicable at your own cost. The date upon which the package is post-marked will determine whether you have returned the Product(s) within the required period and Product(s) will be deemed received two days after the date of the post-mark (not including Sundays and public holidays). Failure to comply with the return obligations hereunder may result in a deduction by us of the direct cost of recovering the unreturned Product(s). All refunds will be processed at our sole discretion according to the condition of the returned Product(s). We will not be liable to you for failures, defects or delays in delivery caused by: (a) your provision of incorrect information; (b) your mailbox being full and/or unable to receive correspondence; (c) your failure to comply with instructions for use of the Service and/or this Agreement; and/or (d) any event which is beyond our reasonable control. For the avoidance of doubt, you will not have any right to cancel a purchase for the supply of any personalised or bespoke Products. Nothing hereunder shall affect your other statutory rights as a consumer.
14. Returns. In addition to your statutory rights if you are not completely satisfied with your purchase from Luna Menta, you can return it to us with proof of purchase within fourteen (14) days of receipt and we will arrange for an exchange, subject to availability, or a refund. In these circumstances you are responsible for the cost of returning the Product to us in the original packaging in an undamaged and re-saleable state with the security tag attached in the original position and condition and without any evidence of tampering. This right to exchange or refund does not apply to any personalised or bespoke Product. If you return a Product to us because you have cancelled the purchase within the cooling-off period (see above) we will process the refund due to you as soon as possible. In such case, we will refund the price of the Product and any applicable delivery charges, though you will be responsible for the cost of returning the item to us. If you return a Product to us for any other reason, we will examine the returned Product and will notify you of your right to any refund via email within a reasonable period of time. We will process refunds as soon as possible. We will refund the price of any demonstrably defective Products in full, plus any applicable delivery charges and any reasonable costs you incur in returning the item to us, via the method originally used by you to pay for your purchase. If you wish to discuss or request a return, exchange or refund of any item purchased via the Service, please contact us via email@example.com. Please note that any failure to comply with applicable return obligations (hereunder or as posted on Site) may result in a deduction of the cost of recovering the unreturned Product(s). Any returns of faulty items will be processed according to the condition of the returned Product(s). Luna Menta shall not be liable for failures, defects or delays in delivery caused by incorrect information or failure to comply with instructions or any other event which is outside of our reasonable control. This provision does not affect your statutory rights as a consumer.
15. Liability. You agree that the liability of Luna Menta to you hereunder shall be limited to the greater of the amount actually received by Luna Menta from you and one hundred dollars (US$100). Except as set out herein, Luna Menta shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Service or in relation to Products that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Luna Menta or any other statutory rights.
16. Ownership of Content. Luna Menta, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Service in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Service or under applicable law. The Service is for your personal, non-commercial use only, and is not for re-distribution, transfer, assignment or sublicense or for any commercial or partly-commercial re-sale or other use.
17. Objectionable Material. If you encounter or become aware of any objectionable or unlawful content posted anywhere on the Service, please immediately report such material (and the specific page on which it is found) to firstname.lastname@example.org.
18. Featured Links. The Service displays and/or refers to links to other websites from time to time. Luna Menta: (i) does not endorse or take responsibility for the content of such websites; (ii) is not responsible for the availability of such websites; and (ii) will not be liable in any way for any loss or damage which you may suffer by using such websites. If you decide to access linked websites, you do so at your own risk.
19. Linking to Luna Menta. Any other website may link to our Site, provided it does not misrepresent its relationship with or present false information about Luna Menta, does not infringe any intellectual property or other right of any person and complies with all relevant laws and regulations. Please note, however, that Luna Menta reserves the right to withdraw such permission at any time and to take any other appropriate action.
20. General Disclaimer for Service. Except as expressly set out above, the Service and all Products are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law. In addition, we do not represent or warrant that the Site or the Content will be free of defects, including without limitation viruses or other harmful elements. You agree and accept that Luna Menta shall not be liable for any change, suspension or interruption to the Site or the Service. Luna Menta provides no warranty regarding continuous access to the Service, as operations of the Service may be interfered with by numerous factors outside of our control.
21. Indemnity. You agree to indemnify Luna Menta for any loss or damage that may be incurred by Luna Menta, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Service. You further undertake to indemnify Luna Menta for all loss or damage incurred by Luna Menta in relation to any third party claim against Luna Menta for infringement of intellectual property rights arising in relation to your use of or provision of materials to the Service.
22. Termination of this Agreement. Luna Menta may at any time terminate this legal Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. Without limitation to any other provision hereunder, we reserve the right to limit, suspend, or terminate your user account (and or access to the Service), and/or take technical or legal steps to keep you from using the Service if in our discretion it appears that you may be creating problems or possible legal liabilities or otherwise harming the Services.
23. Trade Marks. The brands, products and service names used or appearing within the Service (including, without limitation, “Luna Menta”) are the trademarks or trade names of Luna Menta or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the prior written permission of Luna Menta.
24. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Service in any manner. If you in any way Interfere with the Service, you agree to pay all damages incurred by Luna Menta. Luna Menta will cooperate with the authorities in prosecuting any User who Interferes with the Service or otherwise attempts to defraud Luna Menta or any other parties through User’s use of Service. Luna Menta reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User’s continued use of the Service. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
25. No Partnership. Your use of the Site and/or the Service creates no partnership, client, fiduciary or other professional relationship.
26. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
27. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
28. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
29. Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User’s continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
30. Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.
v2.0 2nd July 2020