Terms of service

OVERVIEW

Welcome to Lunecalme! The terms "we," "us," and "our" refer to Lunecalme. Lunecalme operates this store and exists website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience the ("Services").

Lunecalme is granted to you by Lunecalme, together with other applicable terms and conditions, policies and notices stated on this page.

These below terms and conditions, together with any other applicable terms and conditions, policies and notices referenced herein and/or available by hyperlink, govern your access to and use, including any purchase, of the Services.

Please read these Terms of Service carefully before accessing or using our Services. By accessing or using any part of the Services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Services.

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 province of residence, and you have given us your consent to allow any of your minor dependents to use this site, where applicable.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

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

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2, OUR PRODUCTS

We have made every effort to display as accurately as possible the colors and images of our products that appear in our store. We cannot guarantee that your device's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case by case basis.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

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

SECTION 3, ORDERS

When you place an order, we are making an offer to purchase. Lunecalme reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until payment confirms acceptance. We must receive and process your payment before your order is accepted.

In the event that we are unable to accommodate cancellation requests after an order is accepted, we will attempt to notify you by contacting you via email or the phone number and address provided at the time the order was made.

Your purchases are subject to return and exchange solely in accordance with these Terms and our Refund Policy. You represent and warrant that your purchases are for your personal or household use and not for commercial resale.

SECTION 4, PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be listed on the order confirmation. Please review your order confirmation carefully for accuracy, as we generally cannot make changes once an order has been submitted.

Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. We do not guarantee price matching.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment method details, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and applicable taxes, if any.

SECTION 5, SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs, or events outside our control.

Once we transfer possession of the items to the carrier, title and risk of loss transfer to you.

SECTION 6, INTELLECTUAL PROPERTY

Our Services including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Lunecalme, its affiliates or licensors and are protected by US and foreign state, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Lunecalme or any third party.

Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved.

Lunecalme's names, logos, product and service names, designs, and slogans are trademarks or trade dress of Lunecalme or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this site are the trademarks of their respective owners.

SECTION 7, OPTIONAL TOOLS

We may provide you with access to third party tools over which we neither monitor nor have any 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 the 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 tools are provided by the relevant third party provider.

We may also, in the future, offer new features or services through the Services, including the release of new tools and resources. Such new features or services shall also be subject to these Terms of Service.

SECTION 8, THIRD PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including websites unrelated to Lunecalme, for your convenience, and are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from third party websites.

We are not liable for any harm or damages related to purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage 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

Lunecalme is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are directly with Lunecalme. By using the Services, you acknowledge and agree that though Shopify is not responsible for any aspect of any sales made between you and Lunecalme, including any injury, damage, or loss resulting from purchased products or services, Shopify may expressly release Shopify and its affiliates from all claims, damages, and liabilities related to or arising from transactions with Lunecalme.

SECTION 10, PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information related to use of the Services. Information you submit may be transmitted to and held with Shopify and trusted third parties in order to provide services to you.

SECTION 11, FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content, collectively "Feedback," you grant us a perpetual, worldwide, sublicensable, royalty free license to use, reproduce, modify, publish, distribute and display such Feedback in any format, for any purpose, including for commercial use, without any obligation to compensate you.

You also represent and warrant that (i) you own all necessary rights to submit such Feedback, or (ii) you have permission from the rights holder to submit the Feedback, and that in either case, the Feedback does not violate the privacy rights, publicity rights, copyright, contract rights, or any other rights of any person.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website.

SECTION 12, ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 Services for lawful purposes only. In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content to violate any applicable local, state, national, or international law or regulation, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate, to submit false or misleading information, to upload or transmit viruses or any other type of malicious code, to collect or track personal information of others, to spam, phish, or scrape, for any obscene or immoral purpose, or to interfere with or circumvent the security features of the Services. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

SECTION 14, AGENTS

This Section, "Agent Terms," applies if you use, allow, enable, or interact with any Services through an artificial intelligence agent, bot, or similar automated tool acting on your behalf, an "Agent."

You are responsible for the actions of any Agent that you use in connection with the Services, and you agree that any use of an Agent in connection with the Services is subject to these Terms of Service as though you had taken the action yourself.

We may block or restrict access by any Agent, including by identifying and challenging automated behavior, without notice, at our sole discretion.

SECTION 15, DISCLAIMER OF WARRANTIES

THE INFORMATION PROVIDED ON OR THROUGH THE SERVICES IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. 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 SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

EXCEPT AS EXPRESSLY STATED BY LUNECALME, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, 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 THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

SECTION 16, LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL LUNECALME, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, 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 ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 THE SERVICES OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17, INDEMNIFICATION

You agree to indemnify, defend and hold harmless Lunecalme, Shopify, and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

We shall notify you of any such claim, demand or action, provided that a failure to notify shall not eliminate your obligations herein except to the extent that such failure prejudices your ability to defend such claim. You will cooperate as fully as reasonably required in the defense of any such claim, and we reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

SECTION 18, SEVERABILITY

In the event that any provision of these Terms of Service is determined 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19, TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services or any portion thereof.

SECTION 20, ENTIRE AGREEMENT

The failure of us 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 Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21, ASSIGNMENT

You may not assign, transfer or sub license these Terms of Service or any rights or obligations under these Terms of Service without our prior written consent. We may freely assign or transfer these Terms of Service without restriction.

SECTION 22, GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Montana, United States, without regard to its conflict of law provisions.

SECTION 23, HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24, 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. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.