Terms of Sale
- This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
By placing an order for products from lunaluna.com or the Luna Luna mobile app (as applicable, the “Site”), you affirm that you are of legal age to enter into these Sale Terms, and you agree to be bound by these Terms. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms.
You may not order or obtain products from this Site if you (a) do not agree to these Terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Luna Luna LLC, a Delaware limited liability company (“Seller”), or (c) are prohibited from accessing or using this Site or any of this Site’s contents, goods or services by applicable law.
These sale terms (the “Terms”) apply to the purchase and sale of products through the Site. These Terms are subject to change by Seller (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. No changes to the Terms will affect any previous purchase made through the Site except as expressly provided herein. The Terms in effect at the time of each purchase will govern such purchase.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion.
- Prices and Payment Terms.
- Prices posted on this Site may be different from prices offered by us at other online or physical locations. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. Orders shipped to countries outside of the US may incur further customs charges due upon delivery. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- We may offer promotions on the Site that may affect pricing and that are governed by terms separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
- Luna Luna currently accepts Visa, Mastercard, American Express, Discover, Diner’s Club, Shop Pay, Apple Pay, Google Pay, Paypal, Meta Pay, and any other payment method accepted by Shopify in your jurisdiction. We do not accept cryptocurrency of any kind at this time. Payment methods are subject to change.
- You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or other payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or other payment method, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
- Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment of products to you. Please check the individual product page or the checkout page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
- Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns, Cancellations, and Exchanges.
- Luna Luna accepts pre-order cancellations provided you request cancelation before we have tendered your shipment to the shipper.
- Luna Luna accepts returns of merchandise sold through its Site in accordance with this policy. Any Luna Luna merchandise purchased from a third party must be returned to the third-party seller, if the third-party seller accepts returns. Returned merchandise must be in new condition, in its original packaging, and accompanied by a return authorization code on the outside of the shipping box. Merchandise that does not comply with these requirements cannot be accepted for return and will be sent back to you at your expense.
- To initiate a return, please Contact Us here and include your order number to receive a return authorization and shipping label. Requests for return must be made within 30 days of delivery.
- Refunds are processed within approximately three (3) business days of our receipt and processing of your returned merchandise. We do not refund shipping and handling charges. If you use our return shipping label, the cost of return shipping will be deducted from your refund. Your refund will be credited back to the same payment method used to make the original purchase.
- We offer no refunds on any merchandise designated on the Site as non-returnable.
- Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the products offered on our Site. The availability of products through our Site does not indicate an affiliation with or endorsement of any product or manufacturer. Accordingly, we do not provide any warranties with respect to the products offered on our Site. However, the products offered on our Site may be covered by the manufacturer’s warranty as detailed in the product’s description on our Site or included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
All products offered on this Site are provided “As-Is” without any warranty whatsoever, including, without limitation, any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.
You affirm that we shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer’s failure to honor its warranty obligations to you.
- Limitation of Liability. In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues, or diminution in value, arising out of, or relating to, and/or in connection with any products purchased by you or any breach of these Terms, regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
Our sole and entire maximum liability, for any reason whatsoever relating to any products purchased by you or any breach of these Terms, and your sole and exclusive remedy for any of the foregoing, shall be limited to the amount actually received by us for the products you have ordered through our Site and alleged to have caused the liability or with respect to which these Terms were breached, or if not applicable, the amount actually received by us for the products you have ordered through our Site in the six months preceding the first event giving rise to the liability.
The foregoing limitation of liability shall only apply to the extent permitted by applicable law
- Products Not for Resale. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. We reserve all rights and remedies for any breach by you of this Section, including without limitation disgorgement of any profits from resale of our products.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions or orders, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national or state or regional emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms, and any dispute or claim arising therefrom or relating thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California, and the Federal Arbitration Act.
- Binding arbitration.
- You and Seller agree that any claim, dispute, or controversy (whether in contract, tort or otherwise) arising out of or related to the Terms and/or any products purchased from Seller or otherwise through or in connection with the Site (as applicable, a “Dispute”), will be exclusively resolved through binding arbitration pursuant to the then-current rules of ADR Services, Inc. (“ADR”) before a single neutral arbitrator working under the auspices of ADR. The arbitration shall be held in Los Angeles County, California. Any dispute regarding arbitrability shall be determined by the arbitrator, which determination shall be conclusive. Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof.
- This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. For purposes of this arbitration provision, references to “Seller,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors-in-interest, successors and assigns.
- Notwithstanding the foregoing, either party may bring an individual action in small claims court in Los Angeles County, California, to the extent permitted by applicable law.
- There is no judge or jury in arbitration. By using the Site or purchasing products from Seller, and agreeing to these Terms, you are giving up your right to have any dispute decided in a court of law before a judge or jury. Further, court review of any arbitration award is limited.
- The prevailing party in any Dispute, as determined by the arbitrator or by a court of competent jurisdiction, as applicable, shall be entitled to recover his, her, or its reasonable attorneys’ fees and costs and expenses incurred in connection with the arbitration.
- You agree that any arbitration or litigation will be conducted solely on an individual basis. In no event may any such arbitration or litigation be brought on behalf of a class or in any other consolidated or representative action. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor Seller are entitled to arbitration.
- Any cause of action or claim you may have arising out of or relating to any dispute must be commenced within one (1) year after the cause of action or claim accrues; otherwise such cause of action or claim is permanently barred.
- If arbitration is unavailable or unenforceable for any reason, each of the parties hereby irrevocably and unconditionally submits to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, as well as to the jurisdiction of all courts from which an appeal may be taken therefrom, for all Disputes. Any and all objections that any party may have regarding venue in any such court is hereby waived.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Seller.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must Contact Us here. We may update the contact method(s) for notices to us by posting a notice on the Site, and such update shall be effective for all previous purchases.
- Severability. If any provision of these Terms is determined to be invalid, illegal, or unenforceable by an arbitrator or by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, or enforceable, and the remaining provisions hereof shall remain in full force and effect to the fullest extent permitted by law, provided that neither of the foregoing result in a failure of an essential purpose of these Terms.