TERMS AND CONDITIONS

These terms and conditions are the contract between you and Luna & Noon (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.

We are Luna & Noon, a company registered in the UK, number 11369069 on Register of Companies. Our address is Kemp House, 160 City Road, London, EC1V 2NX

You are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

The terms and conditions:

1. Definitions

In this agreement:

“Carrier”
means any person or business contracted by us to carry Goods from us to you.

“Consumer”
means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.

“Content”
means any content in any form published on Our Website by us or any third party with our consent.

“Goods”
means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.

“Our Website”
means any website of ours, and includes all web pages controlled by us.

“Post”
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.

2. Interpretation

In this agreement unless the context otherwise requires:

2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.

2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

2.4. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.

2.5. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;

2.6. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

2.7. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.

2.8. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.

2.9. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3. Our contract with you

3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

3.4. We do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.

3.5. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.

3.6. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

3.7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

4. Acceptance of your order

4.1. Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing via email, referring to the order.

AND

4.2. At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.

4.3. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

4.3.1 accept the alternatives we offer;

4.3.2 cancel all or part of your order.

5. Price and payment

5.1. The price payable for the Goods that you order is clearly set out on Our Website.

5.2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.

5.3. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

5.4. If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.

5.5. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.

5.6. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than [14] days from the date when we accept that repayment is due.

6. Security of your credit card

We take care to make Our Website safe for you to use.

6.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

6.2. We do not store credit card details nor do we share financial details with any 3rd parties.

7. Cancellation and refunds

This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.

7.1. We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.

7.2. The following rules apply to cancellation of your order:

7.2.1 If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.

7.2.2 If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.

7.2.3 We will return your money subject to the following conditions:

7.2.3.1 we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.

7.2.3.2  you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.

7.3. You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.

7.4. In any of the above scenarios, we will return your money within 14 days.

8. Liability for subsequent defects

8.1. Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.

8.2. The procedure to return the faulty Goods is as follows:

8.2.1 The Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.

8.2.2 please follow the returns procedure [provided on our website / set out on the Returns form that we sent to you with the Goods.

8.3. We will return your money subject to the following conditions:

8.3.1 we receive the Goods with labels and packaging intact.

8.3.2 you comply with our returns procedure. We cannot return your money unless we know who sent them.

8.3.3 you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.

8.4. If any defect is found, then we shall:

8.4.1 repair or replace the Goods, or

8.4.2 refund the full cost you have paid including the cost of returning the Goods.

9. Delivery and pick up

9.1. Goods are delivered within 7 working days from the day you place an order to purchase the Goods.

9.2. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.

9.3. If we are not able to deliver your Goods within 7 working days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.

9.4. We may deliver the Goods in instalments if they are not all available at the same time for delivery.

9.5. All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver.

10. Foreign taxes and duties

10.1. If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.

10.2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

11. Goods returned

These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Goods:

11.1. The Goods must be returned to us not later than 14 days after the Goods were received.

11.2. So far as possible, Goods should be returned with both Goods and all packaging as far as possible in their original condition;

11.3. You must tell us by email message to customerservice@lunaandnoon.com that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to process the return and subsequent refund.

11.4. In returning faulty Goods please enclose with it a note clearly stating the fault and when it arises or arose.

11.5. If we agree that the Goods are faulty, we will:

11.5.1 refund the cost of return carriage;

11.5.2 repair or replace the Goods as we choose.

11.6. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

12. Disclaimers

12.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.

12.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

12.3. We make no representation or warranty for:

12.3.1 the quality of the Goods;

12.3.2 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;

12.3.3 the correspondence of the Goods with any description;

12.3.4 the adequacy or appropriateness of the Goods for your purpose.

12.4.  We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

12.5. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.

12.6. We make no representation or warranty and accept no responsibility in law for:

12.6.1 accuracy of any Content or the impression or effect it gives;

12.6.2 delivery of Content, material or any message;

12.6.3 privacy of any transmission;

12.6.4 any act or omission of any person or the identity of any person who introduces himself to you through Our Website;

12.6.5 any aspect or characteristic of any goods or services advertised on Our Website;

12.7. Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.

12.8. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.

12.9. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.

12.10. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contracts (Rights of Third Parties) Act 1999

12.11. Nothing in this agreement excludes liability for a party’s fraud.

13. Your account with us

13.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

13.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

13.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also logged in to your account and changed your password.

14. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

14.1. hyperlinks, other than those specifically authorised by us;

14.2. keywords or words repeated, which are irrelevant to the Content Posted.

14.3. the name, logo or trademark of any organisation other than yours.

14.4. inaccurate, false, or misleading information.

15. Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

15.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

15.2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

15.3. download any part of Our Website, without our express written consent;

15.4. collect or use any product listings, descriptions, or prices;

15.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

15.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

15.7.  share with a third party any login credentials to Our Website.

15.8. Despite the above terms, we now grant a licence to you to:

15.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

15.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website.

16. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

16.1. your failure to comply with the law of any country;

16.2. your breach of this agreement;

16.3. any act, neglect or default by any agent, employee, licensee or customer of yours;

16.4. a contractual claim arising from your use of the Goods;

16.5. a breach of the intellectual property rights of any person.

17. Intellectual Property

17.1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

17.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

17.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

17.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

18. Dispute resolution

In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.

The following terms apply in the event of a dispute between the parties:

18.1. If you are not happy with our services or have any complaint then you must tell us by email message to hello@lunaandnoon.com.

18.2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

Notice of right of cancellation: Right to Cancel and Model Cancellation Form

Information about your statutory right to cancel

Your right to cancel

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.

How to cancel

To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.

Legal service https://www.netlawman.co.uk/

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