Terms of service

TERMS OF SERVICE
Overview
Welcome to LUNIAA! The terms "we", "us", and "our" refer to LUNIAA. LUNIAA operates this store and website, which includes all related information, content, features, tools, products, and services to provide you, our customer, with a curated shopping experience (the "Service"). LUNIAA is powered by Shopify, which enables us to provide you with the Service.
The following Terms of Service and all policies referenced herein (collectively, "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Service.
These Terms of Service contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability, so please read them carefully.
By visiting, interacting with, or using our Service, you agree to comply with these Terms of Service and our Privacy Policy (https://luniaa.com/en/policies/privacy-policy). If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Service.
Section 1 - Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and that you have consented to allowing any of your minor dependents to use the Service on any device that you own, purchase, or manage.
To use the Service, including to access or browse our online store or purchase products or services we offer, you may be required to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to another person.
Section 2 - Our Products
We endeavour to accurately represent our products and services in our online store. However, please note that colours or product appearances displayed on your screen may differ from the actual product depending on the type of device you use to access the store, your device settings, and configuration.
We do not warrant that the appearance or quality of any product or service you purchase will meet your expectations or be identical to that depicted or rendered in our online store.
All descriptions of products are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may, in certain cases, limit the quantities of any products offered to specific individuals, regions, or jurisdictions.
Section 3 - Orders
When you place an order, you are making an offer to purchase. LUNIAA reserves the right to accept or reject your order for any reason at our discretion. Your order is not accepted until LUNIAA confirms acceptance. We must receive and process your payment before your order can be accepted. Once an order has been accepted, LUNIAA may not be able to accommodate cancellation requests, so please review your order carefully before submitting. If we do not accept, modify, or cancel your order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time of order.
Your purchases are eligible for return or exchange only in accordance with our Refund Policy (https://luniaa.com/policies/refund-policy).
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
Section 4 - Pricing and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time of order, as stated in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping fees, handling fees, duties, or import charges.
Prices posted in our online store may differ from those offered in physical stores or online or other stores operated by third parties. We may from time to time offer promotions for services that may affect pricing and are subject to separate terms of service in addition to these Terms. In the event of a conflict between promotion terms and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorised to use the credit card for your purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling fees and all applicable taxes (including GST where applicable).
Section 5 - Shipping and Delivery
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, or events beyond our control. Risk of loss and title for products pass to you upon our delivery of the products to the carrier.
Section 6 - Intellectual Property
All trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio and their design, selection, and arrangement, including but not limited to our Service, are owned by LUNIAA, its affiliates, or licensors and are protected by Australian and international patent, copyright, and other intellectual property laws.
These Terms permit you to use the Service only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service without our prior written consent. Except as expressly provided in these Terms, no part of these Terms grants or shall be construed to grant you any licence or other rights under any patent, trademark, copyright, or other intellectual property of LUNIAA, Shopify, or any third party. Any unauthorised use of the Service may violate Australian federal and state intellectual property laws. All rights not expressly granted herein are reserved by LUNIAA.
The LUNIAA name, logo, product and service names, designs, and slogans are trademarks of LUNIAA or its affiliates or licensors. You must not use such marks without the prior written permission of LUNIAA. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
Section 7 - Optional Tools
You may be provided with access to third-party tools over which we neither monitor nor have control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Service (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
Section 8 - Third-Party Links
The Service may contain materials and hyperlinks (including embedded third-party features) to websites provided or operated by third parties. We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Service to access such materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content from such third-party websites. Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
Section 9 - Relationship with Shopify
LUNIAA is supported by Shopify, which enables us to provide you with the Service. However, all sales and purchases made through the store are made directly through LUNIAA. By using the Service, you acknowledge and agree that Shopify is not liable for any injury, damage, or loss arising from products and services you purchase. Accordingly, you expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or in connection with your purchases and transactions with LUNIAA.
Section 10 - Privacy Policy
All personal information we collect through the Service is subject to our Privacy Policy, available at [https://luniaa.com/policies/privacy-policy], and certain personal information may be subject to Shopify's Privacy Policy, available [here]. By using the Service, you acknowledge that you have read these privacy policies.
As the Service is hosted by Shopify, Shopify collects and processes personal information regarding your access and use of the Service to provide and improve the Service to you. Information you submit to the Service is transmitted to and shared with Shopify as well as third parties who may be located in countries other than Australia, where you reside, to provide you with the Service. Please review the Privacy Policy (https://luniaa.com/policies/privacy-policy) for details on how we, Shopify, and our partners use your personal information.
Section 11 - Feedback
If you submit, upload, post, email, or otherwise transmit ideas, recommendations, feedback, reviews, suggestions, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, royalty-free, sublicensable licence to use, reproduce, modify, publish, distribute, and display such Feedback in all media for any purpose, including commercial use. For example, we may use the rights under this licence to operate, provide, evaluate, enhance, improve, and promote the Service and to perform our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that (i) you own or hold all necessary rights to your Feedback, (ii) you have disclosed any compensation or incentives received in connection with your Feedback submission, and (iii) your Feedback will comply with these Terms. We have no obligation (1) to maintain your Feedback in confidence, (2) to compensate you for your Feedback, or (3) to respond to your Feedback, now or in the future.
We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms of Service.
You agree that your Feedback does not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback does not contain defamatory, unlawful, abusive, or obscene material, or any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of your Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no liability and accept no obligation for any Feedback posted by you or any third party.
Section 12 - Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Service or the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, benefits, product shipping charges, transit 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 is inaccurate at any time without prior notice (including after you have submitted your order).
Section 13 - Prohibited Uses
You may access and use the Service only for lawful purposes. You may not access or use the Service, directly or indirectly, for: (a) any unlawful or malicious purpose, (b) to violate any international, federal, state, or local regulations, rules, laws, or ordinances, (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or others, (e) to submit false or misleading information, (f) to upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation, (h) to impersonate or attempt to impersonate another person or entity, (i) to restrict or inhibit any other person's use or enjoyment of the Service, or to engage in any other conduct which, in our judgment, exposes LUNIAA, Shopify, or users of the Service to harm or liability.
You also agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, (c) collect or track the personal information of others, (d) spam, phish, pharm, pretext, spider, crawl, or scrape, (e) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to suspend, deactivate, or terminate your account at any time without notice if we determine that you have violated any provision of these Terms.
Section 14 - Termination
We may terminate this Agreement or your access to the Service (or any part thereof) at any time without notice, at our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 15 - Disclaimer of Warranties
The information provided on or through the Service is provided for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
Except as expressly stated by LUNIAA, the Service and all products provided through the Service are provided to you for your use "as is" and "as available" without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. Because some states or territories do not allow the exclusion or limitation of implied or other warranties, the above disclaimer may not apply to you.
Section 16 - Limitation of Liability
To the maximum extent permitted by law, in no event shall LUNIAA, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or Shopify and its affiliates, be liable for any injury, loss, claim, or liability of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product (including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content or product posted, transmitted, or otherwise made available via the Service, even if advised of their possibility).
Section 17 - Indemnification
You agree to indemnify, defend, and hold harmless LUNIAA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims (including reasonable solicitors' fees) (1) arising out of or relating to any breach of these Terms of Service or documents incorporated by reference, (2) any violation of law or the rights of a third party, or (3) arising out of or relating to your access to and use of the Service.
We will notify you of any indemnification claim, but failure to notify you immediately will not relieve your obligations except to the extent you suffer material prejudice. We may control the defence and settlement of such claims at your expense, including the engagement of solicitors, but will not settle any claim imposing non-monetary obligations on you without your consent (not to be unreasonably withheld). You must cooperate in the defence of any indemnification claim, including by providing relevant documentation.
Section 18 - Severability
If any provision of these Terms of Service is held to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 19 - Waiver, Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 20 - Assignment
You may not assign, transfer, or delegate this Agreement or your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice.
Section 21 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. You and LUNIAA submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
Section 22 - Headings
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 23 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms as required by applicable law, and such changes will be effective as of the date specified in the notice. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 24 - Contact Information
Questions about the Terms of Service should be sent to us at contact@luniaa.com.
Our contact information is posted below:
LUNIAA
contact@luniaa.com
60 Rue François 1er 75008 PARIS, FRANCE 
+33659736614 
BUSINESS REGISTRATION NUMBER: 99006730800017