Terms of service
1. GENERAL
These Terms and Conditions govern the use of the LUNAUME (AUREA BV) website WWW.LUNAUME.COM and the purchase of LUNAUME (AUREA BV) products through the Website.
LUNAUME (AUREA BV), a company incorporated under the laws of the Netherlands, having its registered office at [Gijsbrecht van Amstelstraat 213, 1214 BA Hilversum], registered with the Dutch Chamber of Commerce under number 42053847. LUNAUME (AUREA BV), is the contracting party for purchases made through the Website.
By placing an order through the Website, you agree to these Terms. Before completing your order, you will have the opportunity to review the order, the applicable price, delivery charges and these Terms. Nothing in these Terms limits any mandatory rights that you have as a consumer under applicable law.
These Terms apply to consumer purchases. If you purchase products for resale or in the course of a business, separate commercial terms may apply.
2. INFORMATION ABOUT LUNAUME (AUREA BV)
LUNAUME (AUREA BV) is a Netherlands-based consumer brand offering food supplements and related products through the Website.
Product information, including ingredients, recommended use, warnings, net quantity and other mandatory information, is provided on the applicable product page, packaging and/or other legally required information made available before purchase.
LUNAUME (AUREA BV) products are food supplements and are not medicines. They are not intended to diagnose, treat, cure or prevent any disease. Consumers should follow the instructions on the product packaging and should seek appropriate professional advice where required.
3. ELIGIBILITY AND USE OF THE WEBSITE
You may use the Website only for lawful purposes and in accordance with these Terms.
By placing an order, you confirm that the information you provide is accurate, complete and current and that you are legally capable of entering into the purchase agreement.
The Website is intended for adult consumers. We do not knowingly accept orders from persons where doing so would be unlawful.
You must not use the Website to engage in fraudulent activity, interfere with its operation or security, introduce malicious code, access data without authorisation, scrape or systematically extract Website content, impersonate another person or otherwise misuse the Website.
4. PRODUCTS AND PRODUCT INFORMATION
We take reasonable care to ensure that product descriptions, images, specifications and other information displayed on the Website are accurate and up to date.
Minor variations in colour, packaging or appearance may occur and do not necessarily constitute a defect where the product remains in conformity with the agreement.
Product availability is subject to stock. Where a product is unavailable after an order has been placed, we will inform you and, where applicable, refund amounts paid for the unavailable product.
LUNAUME (AUREA BV) may change product formulations, packaging or presentation where reasonably necessary, provided that any such change does not adversely affect the consumer’s statutory rights and any mandatory product information remains accurate.
Nothing in this section limits the statutory conformity rights described in Section 12.
5. ORDERS AND FORMATION OF THE CONTRACT
Information displayed on the Website constitutes an invitation to place an order and does not constitute an offer that LUNAUME (AUREA BV) is obliged to accept in every circumstance.
By completing the online checkout process and submitting an order, you make an offer to purchase the selected products on the terms displayed at checkout.
An order is accepted when LUNAUME (AUREA BV) sends you an order confirmation by email, at which point a purchase contract is formed between you and LUNAUME (AUREA BV), unless we have previously informed you that the order has been rejected.
We may refuse or cancel an order only for reasonable grounds, including where a product is unavailable, there is an obvious pricing or product information error, payment cannot be authorised, fraud or misuse is reasonably suspected, delivery to the selected destination is unavailable, or fulfilment would violate applicable law.
If we cancel an order after payment has been received, we will refund the amount paid for the cancelled products using the original payment method unless otherwise agreed with you.
6. PRICES, TAXES AND PAYMENT
All prices displayed to consumers through the Website are stated in euros and include applicable VAT unless expressly stated otherwise. Any applicable delivery charges will be displayed before you submit your order.
The total price payable by you, including applicable delivery charges and any other mandatory charges, will be displayed before you place the order.
Prices may change from time to time. A price change will not affect an order that has already been accepted by LUNAUME (AUREA BV).
Payment must be made using one of the payment methods made available at checkout. Payment information may be processed by third party payment providers in accordance with their applicable terms and privacy policies.
If payment is not successfully completed, LUNAUME (AUREA BV) may suspend fulfilment or cancel the relevant order after giving any notice required by law.
7. SUBSCRIPTIONS
Where offered, LUNAUME (AUREA BV) may provide products through a recurring subscription. The specific subscription price, billing frequency, products included, renewal mechanism and any promotional terms will be displayed clearly before the Subscription is purchased.
A Subscription continues for the period specified at checkout and, unless otherwise stated, renews automatically for successive periods of the same duration or, where applicable, continues until cancelled.
Before you commit to a Subscription, we will provide the information required by applicable law concerning the duration, price, renewal and cancellation of the Subscription.
Recurring payments will be charged using the payment method authorised by you at the time of purchase or subsequently updated by you.
You may cancel a Subscription through the online cancellation functionality provided by LUNAUME (AUREA BV) or by contacting us through the contact details stated on the Website. Where applicable law requires cancellation to be possible by the same method used to enter into the contract, LUNAUME (AUREA BV) will provide such a method.
Cancellation will normally prevent future renewals. It does not automatically cancel an order that has already been accepted or dispatched, except where you exercise a statutory right of withdrawal or another right to cancel under applicable law.
LUNAUME (AUREA BV) will not charge a cancellation fee where such a fee is prohibited by applicable law.
Where a Subscription is renewed automatically, LUNAUME (AUREA BV) will not increase the price applicable to future periods without providing the information and notice required by applicable law. Where a price increase gives you a statutory right to terminate the contract, LUNAUME (AUREA BV) will inform you of that right.
Nothing in this Section limits statutory withdrawal, termination or cancellation rights.
8. DELIVERY
LUNAUME (AUREA BV) delivers to the countries and addresses shown as available at checkout.
Estimated delivery times and applicable delivery charges will be displayed before you place your order. Unless a different delivery period has been agreed, LUNAUME (AUREA BV) will deliver the products within the period required by applicable law.
If delivery is delayed, we will take reasonable steps to inform you. Where applicable law gives you a right to set an additional reasonable deadline or to terminate the contract because of delay, those rights remain unaffected.
Risk in the products passes to you when you, or a third party designated by you other than the carrier, physically receive the products, except where mandatory law provides otherwise.
LUNAUME (AUREA BV) is responsible for the products during transit to the extent required by applicable consumer law.
9. RIGHT OF WITHDRAWAL
If you are a consumer purchasing products online, you generally have a statutory right to withdraw from the purchase contract within 14 days without giving a reason.
For a single product, the withdrawal period normally ends 14 days after the day on which you, or a third party designated by you other than the carrier, receive the product. For an order consisting of several products delivered separately, the period normally ends 14 days after receipt of the last product.
For a Subscription to products, the withdrawal period normally runs from receipt of the first product, subject to applicable law.
You may exercise your right of withdrawal by using the online withdrawal functionality provided by LUNAUME (AUREA BV), by using our model withdrawal form, or by sending us another clear statement of your decision to withdraw. The Website will provide the relevant contact details and online functionality.
Where you exercise your right of withdrawal, we will reimburse payments received from you, including standard delivery costs, subject to the rules and exceptions provided by applicable law.
Unless LUNAUME (AUREA BV) offers to collect the products, you are responsible for returning the products without undue delay and normally within 14 days after communicating your withdrawal. We may withhold reimbursement until we have received the returned products or you have supplied evidence of having sent them back, whichever occurs first, where permitted by law.
You are responsible only for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the products, subject to applicable law.
The statutory right of withdrawal does not apply in circumstances where an applicable statutory exception exists. This may include certain sealed goods that are not suitable for return for reasons of health protection or hygiene after the seal has been broken, where the statutory conditions for the exception are satisfied. LUNAUME (AUREA BV) will provide the applicable information before purchase.
The statutory right of withdrawal does not affect your separate statutory rights in relation to defective, damaged or non-conforming products.
10. REFUNDS AND RETURNS
Refunds arising from a valid withdrawal will be processed in accordance with applicable law and the procedure described in our Delivery and Returns Policy.
If a product is damaged in transit, incorrect, defective or otherwise does not conform to the purchase contract, please contact LUNAUME (AUREA BV) as soon as reasonably practicable. We may ask for information or photographs necessary to investigate the issue, without limiting your statutory rights.
Where a product is non-conforming, LUNAUME (AUREA BV) will provide the remedy required by applicable law. Depending on the circumstances, this may include repair, replacement, price reduction or reimbursement.
Any commercial returns policy offered by LUNAUME (AUREA BV) is in addition to, and does not replace or restrict, statutory consumer rights.
11. FOOD SUPPLEMENTS AND CONSUMER RESPONSIBILITY
LUNAUME (AUREA BV) products are food supplements and must be used in accordance with the instructions, recommended daily intake and warnings stated on the product packaging and Website.
Do not exceed the recommended daily intake. Food supplements should not be used as a substitute for a varied and balanced diet and a healthy lifestyle.
Keep products out of the reach of young children where the product packaging so states.
If you are pregnant or breastfeeding, take medication, have a medical condition, have known allergies or have any concern about using a food supplement, you should seek appropriate advice from a qualified healthcare professional before use.
LUNAUME (AUREA BV) does not provide medical advice through the Website. Information provided on the Website is not a substitute for medical diagnosis or treatment.
Nothing in these Terms limits LUNAUME (AUREA BV)’s obligations under applicable food, product safety, labelling or consumer protection law.
12. STATUTORY CONFORMITY AND CONSUMER GUARANTEE
LUNAUME (AUREA BV) is responsible for ensuring that products supplied to consumers conform to the purchase contract and meet the requirements imposed by applicable law.
If a product is defective or does not conform to the agreement, you may have statutory rights to a remedy, which may include repair, replacement, price reduction or termination of the contract and reimbursement, depending on the circumstances.
These statutory rights apply independently of any voluntary commercial guarantee that LUNAUME (AUREA BV) may offer. Nothing in these Terms limits or excludes a statutory right or remedy that cannot lawfully be limited or excluded.
13. INTELLECTUAL PROPERTY
All intellectual property rights in the Website and its content, including LUNAUME (AUREA BV) names, logos, trademarks, product names, designs, text, photographs, graphics, video, audio, software and other materials, are owned by LUNAUME (AUREA BV) or its licensors unless otherwise stated.
You may access and use the Website for personal, non-commercial purposes. You may not reproduce, distribute, modify, publicly display, commercially exploit or create derivative works from LUNAUME (AUREA BV) content without prior written permission, except where such use is permitted by mandatory law.
Nothing in these Terms transfers any intellectual property rights to you.
14. REVIEWS AND USER CONTENT
If you submit a review, photograph, video, testimonial, comment or other content to LUNAUME (AUREA BV), you remain responsible for that content and must have the rights necessary to submit it.
You must not submit content that is unlawful, misleading, defamatory, infringing, abusive, discriminatory, obscene, fraudulent or otherwise unlawful.
Where you submit content for publication, you grant LUNAUME (AUREA BV) a non-exclusive licence to host, reproduce and display that content for the purposes communicated to you at the time of submission. Where we intend to use content for advertising or other promotional purposes beyond the original context, we will obtain any additional consent required by applicable law.
LUNAUME (AUREA BV) may remove or refuse to publish content that violates these Terms or applicable law.
15. THIRD PARTY SERVICES AND LINKS
The Website may contain links to or functionality provided by third parties. LUNAUME (AUREA BV) is not responsible for third party websites, services or content that it does not control.
Third party services may be subject to their own terms and privacy policies. Your use of such services is governed by the applicable third party terms.
16. WEBSITE AVAILABILITY AND SECURITY
LUNAUME (AUREA BV) will take reasonable measures to maintain the availability and security of the Website. However, temporary interruptions may occur due to maintenance, technical failures, security incidents or circumstances beyond our reasonable control.
Nothing in these Terms excludes LUNAUME (AUREA BV)’s liability for matters that cannot lawfully be excluded or limited.
17. LIABILITY
To the maximum extent permitted by applicable law, LUNAUME (AUREA BV) is responsible for direct loss caused by a failure to perform its contractual obligations or by a product defect to the extent for which LUNAUME (AUREA BV) is legally responsible.
LUNAUME (AUREA BV) does not exclude or limit liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, wilful misconduct, defective products where liability cannot lawfully be excluded, or any other liability that cannot legally be excluded or limited.
Nothing in these Terms affects your statutory consumer rights or remedies.
18. FORCE MAJEURE
LUNAUME (AUREA BV) will not be responsible for delay or failure to perform an obligation where the delay or failure results from circumstances beyond our reasonable control, including natural disasters, severe disruptions to transport, widespread infrastructure failures, governmental restrictions, war, civil unrest, epidemics, strikes affecting third party service providers or significant failures of telecommunications or payment systems.
This provision does not affect any mandatory rights you may have under applicable consumer law, including rights concerning cancellation or reimbursement.
19. COMPLAINTS
If you have a complaint concerning an order, product or service, please contact us at lunaume@lunaume.com. We will seek to resolve complaints promptly and fairly.
Where a statutory or other formal complaint procedure applies, we will provide the information required by applicable law.
20. PRIVACY
Personal data collected through the Website is processed in accordance with the LUNAUME (AUREA BV) Privacy Policy, available at Privacy policy | LUNAUME.
The Privacy Policy explains how LUNAUME (AUREA BV) processes personal data and how you may exercise your data protection rights.
21. CHANGES TO THESE TERMS
LUNAUME (AUREA BV) may amend these Terms from time to time where reasonably necessary, including to reflect changes in our products, services, technology or applicable law.
Changes will not affect an order or contract already accepted by LUNAUME (AUREA BV) unless the change is required by law or is otherwise permitted under the contract.
Where a change materially affects an ongoing Subscription or other continuing contractual relationship, we will provide notice and any termination rights required by applicable law.
22. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the Netherlands, without prejudice to mandatory consumer protection provisions that apply in the country in which you have your habitual residence.
If you are a consumer residing in another EEA country, you retain the protection of mandatory provisions of the law of that country where applicable.
Any dispute will be submitted to the competent court in accordance with applicable law. Nothing in these Terms prevents a consumer from bringing proceedings before a court that has jurisdiction under mandatory consumer protection rules.
23. SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be interpreted or replaced to the extent necessary to achieve, as closely as legally possible, the intended effect of the original provision.
24. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE
These Terms, together with the applicable product information, order confirmation and policies expressly incorporated by reference, constitute the contractual framework applicable to your purchase.
If there is an inconsistency between these Terms and a mandatory consumer right, the mandatory consumer right prevails.
If a specific promotion or offer contains additional terms, those terms apply to the extent they are consistent with these Terms and applicable law.
25. CONTACT INFORMATION
LUNAUME (AUREA BV)
Gijsbrecht van Amstelstraat 213,
The Netherlands
Email: lunaume@lunaume.com
Chamber of Commerce: 42053847
VAT number: NL869495707B01
Website: WWW.LUNAUME.COM
