Terms of service
OVERVIEW
Welcome to Lunaire! The terms "we," "us," and "our" refer to Lunaire. Lunaire operates this store and website, including all related information, content, features, tools, products, and services, with the aim of providing you, the customer, with a personalized shopping experience (the "Services"). Lunaire is powered by Shopify, which allows us to provide you with the Services.
The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), outline your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers of warranties and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or the Privacy Policy, you should not use or access our 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 that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any
of the 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 stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, the colors or appearance of products may differ from those displayed on your screen due to the type of device you use to access the store and your device's settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as those presented or displayed in our online store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
By placing an order, you are making an offer to purchase. Lunaire reserves the right to accept or decline your orders for any reason, at its sole discretion. Your orders will not be accepted until Lunaire confirms acceptance. We must receive and process your payment before we accept your order. Please check your order carefully before submitting it, as Lunaire may not be able to fulfill cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you via the email, billing address, and/or phone number provided when the order was placed.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your personal or household use 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 will be the price in effect at the time the order is placed and will be specified in your order confirmation email. Unless expressly stated otherwise, prices shown do not include taxes, shipping fees, handling, customs duties, or import fees.
Prices displayed in our online stores may differ from prices offered in physical stores or in online stores or other stores operated by third parties. Occasionally, we may offer promotions on the Services that may affect prices and which are governed by terms and conditions separate from these Terms. In case of conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your sender email address, credit card numbers, and expiration dates, so that we can complete your transaction 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 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 all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, ownership and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement thereof, are owned by Lunaire, its affiliates, or licensors and are protected by US and foreign patents, copyrights, and other intellectual property laws.
These Terms allow you to use the Services 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 material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be construed as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property of Lunaire, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Lunaire.
The Lunaire name, logo, product and service names, designs, and slogans are trademarks of Lunaire or its affiliates or licensors. You must not use such trademark without the prior written permission of Lunaire. Shopify's 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 Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, over which we have no monitoring, oversight, or influence.
You acknowledge and agree that we provide you access to these 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 website 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(s).
In the future, we may also offer new features through the Services (including the release of new tools and resources). These new features will also be considered an integral part of the Services and are an integral part of 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 any functionality embedded by third parties). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to any third-party website, or your purchase or use of any products, services, resources, or content on any third-party website. Please carefully review 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
[NOTE TO MERCHANT: This section accurately describes Shopify's relationship to your store and should not be removed or modified.]
Lunaire is powered by Shopify, which allows us to provide you with the Services. However, any sale and purchase you make in our Store is made directly with Lunaire. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Lunaire, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchase and transaction with Lunaire.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is part of our Privacy Policy, which can be viewed here, and certain personal information may be part of Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.
Since the Services are hosted by Shopify, Shopify collects and processes personal information about your access and use of the Services in order to provide and improve the Services. The information you provide to the Services will be transmitted and shared with Shopify as well as third parties who may be located in a country other than your residence, so that we can provide you with services. Please see our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
By submitting, uploading, posting, emailing, or otherwise sharing ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "feedback"), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such feedback in any media and for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, enhance, and promote the Services, as well as to fulfill our obligations and exercise our rights in accordance with the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of your feedback; and (iii) your feedback will comply with these Terms. We have and shall have no obligation (1) to keep your feedback confidential; (2) to pay compensation for your feedback; or (3) to respond to your feedback.
We may, but have no obligation to, monitor, edit or remove feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, 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. You may not use a false e-mail address to send feedback, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any feedback. You are solely responsible for any feedback you provide and its accuracy. We take no responsibility and assume no liability for any feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on 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 only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any local, state, provincial, federal or international 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, libel, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly upload, send, receive, download, use or re-use any material which 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 Lunaire, a Lunaire employee, another user, or any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Lunaire, Shopify, or users of the Services, or expose them to liability.
In addition, you 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 Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape on the Services; (e) use any robot, spider, scraping tool, data gathering and extraction tool, device or automatic process, artificial intelligence tool (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with or circumvent the security features of the Services, or any related website. We reserve the right to suspend, disable or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, enable, or cause an Agent to implement, access, use, or interact with any Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity and that may run on behalf of, or using a person's device, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it, at all times, identifies itself and operates in strict compliance with the requirements of section 14.4 below.Additionally, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any service.
14.3 We may limit, including by technical measures, if and how any Agent accesses, uses and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent’s name by including the following in the request’s user agent string: "Agent/[agent name]"; (ii) not conceal or disguise that any access, use or interaction is from an Agent, such as by (a) imitating human behaviour and interaction patterns or (b) completing or bypassing CAPTCHA or measures intended to distinguish computer usage from human usage; (iii) truthfully respond to any question or prompt that seeks to determine whether interactions are from a human or a computer; (iv) not circumvent or bypass any measure intended to block, limit, modify or control if and how Agents access, use or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive any 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 16 - DISCLAIMER OF WARRANTIES
The information presented 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 [MERCHANT], 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 WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lunaire, Shopify and our affiliates, partners, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to third parties due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third-party, or (3) your access and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to give prompt notice will not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defence and settlement of such claim at your expense, including the choice of counsel, but will not settle any claim that requires non-monetary obligations from you without your consent (which will not be unreasonably withheld). You shall cooperate in the defence of indemnifiable claims, including providing relevant documentation.
SECTION 19 - 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 20 - WAIVER; 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 Service constitutes 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 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.
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 federal and state or territorial courts in the jurisdiction where Lunaire is headquartered. You and Lunaire agree to the venue and personal jurisdiction of those courts.
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 at 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 any material changes to these Terms in accordance with applicable law, and such changes will be effective as of the date specified in the notice of notification. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contactolunaire@gmail.com
Our contact information is listed below:
[INSERT BUSINESS NAME]
contactolunaire@gmail.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] OVERVIEW
Welcome to Lunaire! The terms "we", "us", and "our" refer to Lunaire. Lunaire operates this store and website, including all related information, content, features, tools, products, and services, with the goal of providing you, the customer, with a personalised shopping experience (the "Services"). Lunaire is powered by Shopify, which allows us to provide the Services to you.
The terms and conditions below, along with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers of warranties and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our 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 the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any
of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information provided in our stores is accurate, up-to-date and complete and that you have all the necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, the colours or appearance of the products may differ from those that appear on your screen, due to the type of device you use to access the store and the settings and configuration of your device.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be equal to those displayed or exhibited in our online store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
By placing an order, you are making an offer to purchase. Lunaire reserves the right to accept or decline your orders for any reason, in its sole discretion. Your orders will not be accepted until Lunaire confirms acceptance. We must receive and process your payment before we accept your order. Please check your order carefully before submitting it, as Lunaire may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify or cancel an order, we will attempt to notify you through the email, billing address and/or telephone number provided at the time the order was placed.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your personal or household use 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 will be the price in effect at the time the order is placed and will be specified in your order confirmation sent by email. Unless expressly stated otherwise, the prices shown do not include taxes, shipping fees, handling, customs duties or import fees.
Prices displayed in our online stores may be different from prices offered in physical stores or in online stores or other stores operated by third parties. Occasionally, we may offer promotions on the Services that may affect prices and which are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your sender email address, credit card numbers and expiry dates, so that we can complete your transaction and contact you if necessary.
You represent and warrant that (i) the credit card information provided is true, correct and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) the charges incurred by you will be honoured by your credit card company and (iv) you will pay the charges incurred by you at the published prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. Once we transfer the products to the carrier, ownership and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, brands, text, displays, images, graphics, product reviews, videos and audios, as well as the design, selection and arrangement thereof, are the property of Lunaire, its affiliates or licensors and are protected by US and foreign patents, copyrights and other intellectual property laws.
These Terms allow you to use the Services 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 material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants you or should be construed as granting you a licence or other rights under any patent, trademark, copyright or other intellectual property of Lunaire, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Lunaire.
Lunaire’s names, logo, product and service names, designs and slogans are a trademark of Lunaire or its affiliates or licensors. You must not use such trademark without the prior written permission of Lunaire. Shopify’s 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 Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, over which we have no monitoring, oversight or influence.
You acknowledge and agree that we provide you access to these tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability arising from or related to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you must ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
In the future, we may also offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered an integral part of the Services and are an integral part of these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties (including any functionality embedded by third parties). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to any third-party website, or your purchase or use of any products, services, resources or content on any third-party website. 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
[NOTE TO MERCHANT: This section accurately describes Shopify’s relationship with your store and must not be removed or modified.]
Lunaire is powered by Shopify, which allows us to provide the Services to you. However, any sale and purchase you make in our Store is made directly with Lunaire. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Lunaire, including any injury, damage or loss resulting from the purchase of products and services.You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchase and transaction with Lunaire.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is part of our Privacy Policy, which can be viewed here, and certain personal information may be part of Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.
Since the Services are hosted by Shopify, Shopify collects and processes personal information about your access and use of the Services in order to provide and improve them for you. The information you provide to the Services will be transmitted and shared with Shopify as well as with third parties who may be located in a different country from where you reside, so that we can provide you with services. Please refer to our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
By submitting, uploading, posting, emailing, or otherwise sharing 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 media and for any purpose, including for commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, enhance, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of your feedback; and (iii) your feedback will comply with these Terms. We have and will have no obligation (1) to keep your feedback confidential; (2) to pay compensation for your feedback; or (3) to respond to your feedback.
We may, but have no obligation to, monitor, edit or remove feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any third 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. You may not use a false e-mail address to send feedback, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any feedback. You are solely responsible for any feedback you provide and its accuracy. We take no responsibility and assume no liability for any feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, shipping 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 only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any local, state, provincial, federal or international 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 based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to transmit false or misleading information; (f) to knowingly upload, send, receive, transmit, use or reuse any material which 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 Lunaire or any of its employees, another user, or any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Lunaire, Shopify or users of the Services, or expose them to liability.
Additionally, you 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 Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape the Services; (e) use any robot, spider, scraping tool, data gathering and extraction tool, automated device or process, artificial intelligence tool (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, circumvent or bypass the security or authorization features, robot exclusion or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable or cause the implementation of an Agent to access, use or interact with any Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity and that may execute on behalf of, or using a person's device, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, if and how any Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent's name by including the following in the request's user-agent string: "Agent/[agent name]"; (ii) not obscure or disguise that any access, use, or interaction is from an Agent, such as by (a) mimicking human behavior and interaction patterns or (b) filling out or bypassing CAPTCHA or measures designed to distinguish computer use from human use; (iii) truthfully respond to any question or prompt that seeks to determine whether interactions are from a human or a computer; (iv) not bypass or circumvent any measure designed to block, limit, modify, or control if and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time, without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after any 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 which by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented 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 [MERCHANT], 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 WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lunaire, Shopify and our affiliates, partners, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to third parties due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third-party, or (3) your access and use of the Services.
We will provide notice of any indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim that requires non-monetary obligations on your part without your consent (which will not be unreasonably withheld). You shall cooperate in the defense of indemnifiable claims, including providing relevant documents.
SECTION 19 - 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 20 - WAIVER; 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 Service constitutes 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 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.
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 federal and state or territorial courts in the jurisdiction where Lunaire is based. You and Lunaire agree to the forum and personal jurisdiction of those courts.
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 at 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 any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notification notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contactolunaire@gmail.com
Our contact information is listed below: Lunaire Lisbon
contactolunaire@gmail.com
Romariz, Santa Maria Da Feira, Aveiro, Portugal