TERMS OF USE – LUNE (New Zealand)

This website is operated by LUNE (“we”, “us”, “our”). Throughout the site, the terms “we”, “us” and “our” refer to LUNE. LUNE offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Use (“Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation visitors, suppliers, customers, merchants, and/or content contributors.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in New Zealand or your jurisdiction (including but not limited to copyright laws).

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including payment information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements. Credit card information is always encrypted during transfer over networks.

3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. Material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions.

4. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

5. PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website and may have limited quantities. We have made every effort to display as accurately as possible the colours and images of our products; we cannot guarantee your device’s display of any colour. We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction and to limit quantities.

6. BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

7. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control. 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.

8. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties. Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability for any third-party materials or websites.

9. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send certain submissions (e.g., contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, you agree that we may, at any time, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence or to pay compensation.

10. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please review it for details on how we handle your data.

11. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors 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).

12. PROHIBITED USES

In addition to other prohibitions set out in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service.

13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice. In no case shall LUNE, our directors, officers, 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, to the maximum extent permitted by New Zealand law.

14. INDEMNIFICATION

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

15. SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

16. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us.

17. ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements.

18. GOVERNING LAW

These Terms of Use, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand.

19. CHANGES TO TERMS OF USE

You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website.