Terms and Conditions
Lunalis is the supplier of cosmetics and skin care goods registered in the United States.Unless otherwise noted, all Content posted on the Site is copyright ©2018. Lunalis owns and retains all rights in Lunalis Content and on the Site.All design and content featured on the Site, including navigational buttons and images, artwork, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks, trade dress, and/or other intellectual property, are owned, controlled, or licensed by Lunalis and its parent company, Papillon America.The contents of the Site and the Site as a whole are intended solely for your personal, noncommercial use. Any use of the Site and/or any of the content posted on the Site for any purpose other than personal and noncommercial is prohibited without the express prior written permission of Lunalis. Reproducing, publishing, publicly displaying, publicly performing, modifying, adapting, selling, distributing, transmitting or otherwise using any of the materials or other content posted on the Site for any commercial purpose is prohibited. Lunalis hereby grants to you a limited, non-exclusive, restricted, non-transferable, revocable, royalty-free license to solely for your personal, noncommercial use only in connection with viewing the Site. All other rights are reserved to Lunalis.This does not include the right to: a) download (other than page caching) or modify the Site, or any portion of it; b) frame or utilize framing techniques to enclose the Site or any portion of it; c) make any use of the Site or its content other than for personal, non-commercial use; d) collect and use of any product descriptions or prices; e) download or copy account information for the benefit of another party; f) use software robots, data mining, spiders or similar mechanisms.You further agree that you will not access or use the Site in any manner that could disable, impair or cause undue burden on the Site and/or its host, servers, network, systems or users. You agree that you will not attempt to interfere in any way with the operation of the Site, that you will not transmit any virus or worm to the Site, that you will not use any spider, robot or any other automated technique to access the Site and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Site. You also agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not examine, scan or test the vulnerability of any system or network related in any way to the Site without our authorization.
A website that links to our Site:
- May link to, but not replicate, our Content
- May not imply that we are endorsing such website or its products/services
- May not falsify its relationship with us
- May not contain content that could be interpreted as obscene, unlawful, offensive or controversial
- May not portray us or our products in a misleading, derogatory, inaccurate or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions
- May not use any Trademark without express written permission
We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorized use by you of the Site terminates this limited license.
Use of the Site
Subject to your compliance with these Terms, we hereby grant you, as a User, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal and informational use only.
User feedback and other submissions
All feedback, suggestions, ideas, and other submissions disclosed, submitted or offered (the Comments) to or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site shall be and remain Lunalis property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Lunalis of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Lunalis will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Lunalis is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay the user any compensation for any Comments; or (3) to respond to any user Comments.You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene content. You are and shall remain solely responsible for any Comments you make.
Your Obligations and Responsibilities
By placing an order through our site, you affirm that: a) You are at least 18 years old; b) You are legally capable of entering into binding contracts; c) You provided us correct information necessary to order or purchase products; d) You are a holder of valid debit/credit card.
We will take all reasonable care to ensure that information, descriptions, images and prices of products appearing on the Site are correct at the time of publication onto the Site. However, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
In the event a Site product is listed at an incorrect price due to typographical error or systems error, Lunalis shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
All prices indicated for products via our Site are exclusive of sales tax (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products, sales tax, and delivery charges, when applicable.
Placing an order
You will be guided through the process of placing an order by a series of instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct it prior to placing your order. You place your order request for Products from the Site by clicking on the Submit button at the end of the order process. Upon placing an order, we will send you an email with an order acknowledgement. Receipt of the acknowledgement does not confirm that the order has been accepted by Lunalis. Order acceptance takes place at the time at which the products ordered by you are dispatched from our warehouse to be delivered to the address supplied by you.To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy & Procedure.For questions regarding your order, please contact Customer Care at firstname.lastname@example.org , between 9am and 5pm, Monday to Friday.
Payment for all Products ca be made by Paypal, Visa, MasterCard, Discover or American Express cards.Your card will be charged at the time of your order.Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure that there are sufficient funds to fulfill the transaction. Products will not be dispatched until this pre-authorization check has been completed.If the issuer of your payment card refuses or does not, for any reason, authorize payment to us, we will not be liable for any delay or non-delivery.
Ownership of Products
Lunalis will retain ownership of the Products until full payment has been made by you and has been received by us. You will own the Products once full payment has been received by Lunalis.
Products available at the Site and any samples thereof we may provide to you are for personal use only. You may not sell, resell or distribute any of the products or samples received from us. We reserve the right, with or without notice, to cancel any orders which are suspected of being purchased for resale distribution.
Risk of loss
Risk in the Products will pass to you upon delivery to the address specified in the order. Lunalis accepts no liability for undelivered parcels as a result of you providing an incorrect or invalid delivery address.We are not responsible for any damage, defect, material difference or loss of orders that are delivered to a forwarding company. We will not offer replacements or refunds for orders that have been delivered to a forwarding company. If a package is lost or damaged after being received by the freight forwarder, it is the responsibility of the freight forwarder, please contact them directly.
All ordered Products will be delivered using the delivery service as detailed during the order process. We do not accept any liability for delayed delivery caused by any third party.
Acceptance of Products
You must inspect the Products upon their receipt. You will be deemed to have accepted the Products unless you have notified us that you have cancelled the order and/or you will return the Products in accordance with the Returns Policy & Procedure. If no such action has been taken, we will not accept any rejection of the Products at a later date. If you have not received the entire order as detailed in the order confirmation email sent to you, please contact Customer Care at email@example.com, between 9am and 5pm, Monday to Friday.
You have the legal right to cancel your order within 5 days from the date of receipt of the Products if you send us a notice of cancellation in writing and return the Products to us in their original, unopened and unused condition. For further details of how to return merchandise please see our Returns Policy & Procedure. Where Products are delivered to a third party you may exercise your right to cancel if you are able to return the merchandise to us.You can submit your cancellation notice by email to our Customer Care department at firstname.lastname@example.org.
Returns Policy & Procedure
The returns policy is for Products purchased on the Site. Lunalis hopes that you will be delighted with your order. However, if for any reason you are not completely satisfied we are happy to offer a refund, exchange or replacement on all Products returned to us within seven days of your receipt of Products provided they are in their original, unopened, unused and undamaged condition. You will be responsible for return shipping costs.Should you wish to cancel your order and return any Products, please notify us within a period of 5 days beginning with the day of delivery to you, by emailing us at email@example.com (open 9 am to 5 pm, Monday to Friday). We will provide you with a returns authorization number. Please provide full details of the customer order number and the Products that are being returned.Due to the nature of the Products, we are unable to offer refunds or returns on any purchases where the seal is broken. On receipt of the returned Products, we will give you a refund of the amount paid for the Products. Refunds will be made against the original form of tender. If you require a refund, we will refund the price paid by you for the Products (exclusive of the initial delivery charge) within thirty (30) days of receiving your returned Products, provided that you have returned the Products to us in their original condition.To improve our service please let us know the reason for returning any Products.
All the Content on the Site, including, but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof is the property of Lunalis and, our parent company, Papillon America, LLC. The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered marks of Lunalis and are protected by United States and international trademark laws. Neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
Representations and Warranties; Limitations of Liability
The site is presented “as is.” We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms or the Site. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable, under any circumstances, for any:
- Interruption of business
- Access delays or access interruptions to the Site
- Data non-delivery, misdelivery, corruption, destruction or other alteration
- Loss or damages of any sort incurred as a result of dealings with or the presence of third-party off-site links on the site
- Computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyper-linking to or from third-party sites
- Any inaccuracies, omissions or misleading statements in the content or
- Incidents beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Site.Class Action WaiverANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SITE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN COURTS OF COMPETENT JURISDICTION LOCATED IN MECKLENBURG COUNTY, NORTH CAROLINA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.Notwithstanding anything to the contrary, you and Lunalis may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single, independent, and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Mecklenburg County, North Carolina. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
Limitation of LiabilityYOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE REMAINS WITH YOU. LUNALIS WILL NOT BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LUNALIS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; OR (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS;IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF LUNALIS AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS AND SERVICES, OR FROM THE USE OF THE SITE OR LUNALIS PRODUCTS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO LUNALIS BY YOU ACCORDING TO THE TERMS, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE.THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site or resulting from any action you take that imposes an unreasonable burden or load on our infrastructure.
If you have any complaints or wish to discuss any matter in respect of Lunalis Products received please contact Customer Service (open 9 am to 5 pm, Monday to Friday) or email.
Your use of this Site and any purchase by you of any Products from Lunalis shall be governed by United States law and the parties hereto submit to the exclusive jurisdiction of the United States courts.
These Terms may be terminated by Lunalis without notice at any time for any reason. Provisions relating to Copyright and Trademark shall survive any termination.
The section headings/titles in these Terms are for content organization purposes only and have no legal or contractual bearing.
Lunalis may deliver notifications to you by means of electronic mail or by written communication delivered by U.S. mail to your address on record in the Site account information.
Enforcement of Terms
By accessing and using the Site, you agree that your access to and use of the Site is subject to these Terms, as governed and interpreted pursuant to the laws of the Commonwealth of North Carolina, United States of America.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Lunalis’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of these Terms shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner adverse to any Party.
Should you have any questions concerning these Terms of any of our policies, please contact us at :firstname.lastname@example.org