Terms and Conditions
TERMS OF SERVICE
Terms and Conditions
1.1. Welcome to Lunapienajewellery.com. The following are the rules or “Terms” that govern use of the Lunapienajewellery.com web site (“Site”) and the use of the services offered in this Site (“Services”).
1.2. Lunapienajewellery.com is a business (“LunaPiena”) which is owned and administered by a limited liability company trading under the name LunaPiena Limited (“LunaPiena”), which may be contacted 55 Trik Pace, 7 Midas Court, Sliema, Malta.
1.3. Please check this page of the Site periodically for any updates to these Terms. If You violate these Terms, LunaPiena Ltd may terminate Your use of the Site, bar You from future use of the Site, cancel Your order, and/or take appropriate legal action against You.
1.4. By requesting any Services including but not limited to purchasing of jewelry from the Site, You expressly agree to be bound by these Terms and to follow these Terms and all applicable laws, regulations and policies governing the Site and the Service.
1.5. For the purpose of these Terms and without prejudice to specific definitions throughout these Terms;
1.5.1. “Customer” shall mean any User of LunaPiena who purchases a Product.
1.5.2. “LunaPiena Ltd”, “We”, “Us” shall mean the owner of this Site.
1.5.3. “Product” shall include but not be limited to hand made jewelry produced by Lunapiena Ltd sold from this Site.
1.5.4. “Site” shall mean https://www.lunapienajewellery.com
1.5.5. “Use” shall include but not be limited to visiting and/or viewing the Site, as well as making use of any Services from this Site.
1.5.6. “You”, “User” shall mean, whoever visits the Site and/or requests Services offered on this Site.
1.6. LunaPiena Ltd shall have the right to change, amend, substitute, suspend or in any way alter these Terms at any time without any prior notice whatsoever, and such alterations shall be effective immediately upon posting on the Site.
2. Permitted Use
2.1. This Site shall only be used for what it is intended and any illegal and/or unauthorised Use of the Site shall lead to the legal proceedings being taken by LunaPiena against the unlawful user. Furthermore, LunaPiena Ltd reserves the right to restrain such unlawful user from visiting and/or making Use of the Site.
3.1. LunaPiena Ltd does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from Use of the Site or any Content, search or link on it. The Site and its Content are delivered on an "as-is" and "as-available" basis. LunaPiena cannot ensure that files You download from the Site will be free of viruses or contamination or destructive features. LunaPiena disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose.
3.2. LunaPiena Ltd makes no guarantee of any specific result from Use of this Site or its Services.
3.3. LunaPiena Ltd disclaims any and all liability for the acts, omissions and conduct of any third party users, LunaPiena Ltd users, advertisers, promotes and/or sponsors on the Site, in connection with the LunaPiena Ltd service or otherwise related to Your Use of the Site and/or the LunaPiena Ltd service. LunaPiena Ltd is not responsible for the products, services, actions or failure to act of any Venue, performer, promoter or other third party in connection with or referenced on the Site.
4. Pricing and Exchange Rates
4.1. Prices are inclusive of VAT and exclusive of any other taxes which may be applicable.
4.2. The prices shall be shown in the currency of your choice, between those currencies available on the Site. However, by the default the currency shown will depend on the geographical location tag of your IP address. Prices between different currencies may vary due to exchange rates and conversion fees.
4.3. LunaPiena Ltd reserves the right to vary prices and rates in the event of changes in exchange rates or price rises made by Our suppliers. Prices may increase due to exchange rate fluctuations, price increases, tax changes or any other reason.
4.4 All offers, including but not limited to gifts with purchases, are not valid on the value of sale items or in conjunction with any other offer or discount.
5. Payments and Transaction Security Policy
5.1. This site uses Secure Sockets Layer (SSL) to ensure secure transmission of personal data. You should be able to see a padlock symbol in the status bar on the bottom right hand corner of the browser window. The URL address will also start with https:// which means that the Site is secure.
5.2. SSL applies encryption between Your PC and our server. Any data transmitted during the session will be encrypted or scrambled and then decrypted and unscrambled at the receiving end. This will ascertain that data cannot be read during transmission.
5.3. We do not keep any credit card details of our customers.
5.4. This site uses the Apco payment gateway. This tool protects both Us and Yourself from fraud. For more information You may go to http://www.apcopay.eu.
5.5 All orders on this website are concluded using the English language.
6. Intellectual Property
6.1. Any intellectual property on the Site shall remain the property of its owner and/or creator as the case may be. You shall not copy and/or Use such property unless specifically authorised by the owner and/or creator of such property.
This includes the designs of the Products displayed on and/or sold from this Site.
7. Copyright Policy
7.1. You are only authorised to visit, view and to retain a copy of pages of this Site for Your own personal use, and that You shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review a Product and promotional information, for personal use, or to purchase Products for Your personal use, unless otherwise specifically authorised by LunaPiena Ltd to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorised by LunaPiena Ltd to do so. The content and software on this Site is the property of LunaPiena Ltd and/or its suppliers and is protected by Maltese and international copyright laws.
7.2. If You would like to make Use of any part of this Site, You must contact the administrator of the Site and request specific clearance as well as pay the applicable copyright fees that may be due.
8. No Association and Non-Affiliation
8.1. LunaPiena Ltd should not be associated to and/or affiliated to any other entity and/or person unless such a relationship in fact exists and is governed by an appropriate agreement.
9. Unauthorised Use of the Site
9.1. Illegal and/or unauthorized Use of the Site, including, but not limited to, unauthorised framing of or linking to the Site, or unauthorised use of any software on the site, will be investigated and appropriate legal action will be taken.
10. Violation of the Terms
11. Product Description
11.1. Due to the fact that most of the products are hand-made, they may vary from the description provided on the Site.
11.2. Without prejudice to the generality of the above, products may differ in size and appearance.
12. Delivery and Returns Policy
Please refer to our Delivery and Returns Policy
13. Limitation of Liability
13.1. In no event will LunaPiena Ltd be liable to You for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if LunaPiena Ltd has been advised of the possibility of such damages.
13.2. In no event will LunaPiena Ltd be held liable for inter alia skin irritation due to allergic reactions and death as a result of suffocation.
13.3. We shall not be responsible if the products which You receive are not identical, inter alia in size and appearance, to the products portrayed and described on the Site.
13.4. LunaPiena Ltd is not responsible for any Products which are lost or stolen.
13.5. The maximum liability of LunaPiena Ltd shall be capped at the total amount paid by the User/Customer for the Products bought from LunaPiena Ltd for each specific transaction.
14.1. You agree to indemnify and hold LunaPiena Ltd, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Use of the Site, including also Your Use of the Site to provide a link to another site or to upload content or other information to the Site.
15. Governing Law and Jurisdiction
15.1. These Terms and other policies on this Site shall be construed and interpreted, and the relationship between the User/Customer and LunaPiena Ltd (collectively referred to as the ‘Parties’) shall be governed in accordance with the Laws of Malta, Europe.
15.2. Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, shall have a first recourse by arbitration in accordance with the rules of the Malta Arbitration Centre as in force on the date on which such dispute, controversy or claim arises.
15.3. The number of arbitrators shall be one (1) and shall be appointed by agreement between the Parties. Should the Parties not agree on the person who shall be appointed as arbitrator within fifteen (15) days from the date on which either of the Parties may refer the dispute, controversy or claim to arbitration. The arbitrator shall be appointed by the Malta Arbitration Centre.
15.4. The language to be used in the arbitral proceedings shall be Maltese or English as may agreed between the parties.