C.G.V

Last updated February 1, 2024

CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. SOME PRODUCTS
  6. PURCHASES AND PAYMENT
  7. DELIVERY
  8. RETURNS
  9. USER-GENERATED CONTRIBUTIONS
  10. CONTRIBUTION LICENSE
  11. GUIDELINES FOR EXAMS
  12. SOCIAL NETWORKS
  13. SERVICE MANAGEMENT
  14. PRIVACY POLICY
  15. COPYRIGHT INFRINGEMENTS
  16. CONDITIONS AND TERMINATION
  17. MODIFICATIONS AND INTERRUPTIONS
  18. APPLICABLE LAW
  19. DISPUTE SETTLEMENT
  20. FIXES
  21. DISCLAIMER
  22. LIMITATIONS OF LIABILITY
  23. COMPENSATION
  24. USER DATA
  25. COMMUNICATIONS, TRANSACTIONS AND ELECTRONIC SIGNATURES
  26. MISCELLANEOUS
  27. CONTACT US

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Douce Lune , regarding your access and use of the Services. You agree that by accessing the Services, you have read, understood and agreed to be bound by all of these Legal Terms.

We are Lune Makers SL , trading as Douce Lune ® (“Company”, “we”, “us” or “our”), a company registered in Spain at Paseo de las Delicias, 30, 28045, Madrid . Our VAT number is ESB44572840.

Additional terms and conditions or documents that may be posted on the Services from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these legal terms for your records.

1. OUR SERVICES

The information provided in the use of the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to a registration requirement in this jurisdiction. or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics in the Services (collectively, the “Content”), and the trademarks, service marks and logos contained therein (the “Marks”).

Our content and trademarks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and internationally.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purposes only.

Your use of our Services

Subject to your compliance with these legal terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Services;
  • Download or print a copy of any portion of the Content to which you have properly accessed.

Solely for your personal, non-commercial use or internal business purposes.

Except as otherwise provided in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold. , licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to use the Services, Content or Marks other than as indicated in this section or elsewhere in our Legal Terms, please send your request to: doucelune.com doucelune.com. If we ever grant you permission to publish, reproduce or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content or Marks and ensure that any notice copyright or proprietary notice appears or is visible when our content is published, reproduced or displayed.

We reserve all rights not expressly granted to you in and to the Services, Content and Marks.

Any violation of these intellectual property rights will constitute a material breach of our legal terms and your right to use our services will immediately terminate.

Your submissions and contributions

Please read this section and the “PROHIBITED ACTIVITIES” section carefully before using our Services to understand (a) the rights you grant to us and (b) the obligations you have when posting or uploading any content via the Services.

Submissions : By directly sending us a question, comment, suggestion, idea, feedback or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we own this Submission and are entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions : The Services may invite you to chat, contribute, or participate in blogs, message boards, online forums, and other features during which you may create, submit, post, display, transmit, publish, distribute or distribute content and documents. to us or through the Services, including, but not limited to, text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information or other material (“ Contributions"). Any Submission posted publicly will also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services.

When you post Contributions you grant us a license (including use of your name, trademarks and logos): By posting Contributions you grant us an unrestricted, unrestricted, irrevocable, perpetual, non-exclusive license , transferable, royalty-free, fully paid worldwide royalty and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, rename, store, publicly perform, publicly display, reformat, translate, extract (in whole or in part), and exploit your Contributions (including, without limitation, your likeness, name, and voice) for any commercial, advertising, or other purpose, to prepare derivative works of, or incorporate into other works , your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images that you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or by making Submissions available through the Services by linking your account through the Services to the one of your social media accounts, you:

  • confirm that you have read and agree to our “PROHIBITED ACTIVITIES” and that you will not post, submit, publish, upload or transmit through the Services any Submission or post any Contribution that is unlawful, harassing, hateful, harmful, defamatory, obscene, harassing, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, misleading or deceptive;
  • to the extent permitted by applicable law, waive all moral rights in any such Submission and/or Contribution;
  • warrant that such Submissions and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the aforementioned rights in connection with your Submissions and/or Contributions ; And
  • warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your submissions and/or contributions and you expressly agree to reimburse us for any losses we may incur as a result of your violation of (a) this section, (b) any third party intellectual property rights, or ( c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor Contributions, we will have the right to remove or edit any Contributions at any time without notice if, in our reasonable opinion, we consider such Contributions are harmful or in violation of these legal conditions. Terms. If we delete or edit these Contributions, we may also suspend or deactivate your account and report you to the authorities.

copyright infringement

We respect the intellectual property rights of others. If you believe that any content available on or through the Services infringes upon any copyright you own or control, please immediately see the “COPYRIGHT INFRINGEMENTS” section below.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.

5. PRODUCTS

We strive to display as accurately as possible the colors, characteristics , specifications and details of the products available on the Services. However, we do not warrant that the colors, characteristics , specifications, or details of the products will be accurate, complete, reliable, current, or free from other errors, and your electronic display may not accurately reflect the colors and Actual details of the products. All products are subject to availability and we cannot guarantee that items will be in stock. We reserve the right to discontinue production of any product at any time for any reason. Prices of all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following payment methods:

  • Visa
  • MasterCard
  • Discover
  • American Express
  • Google Pay
  • Pay Apple
  • Bancontact
  • ideal
  • GiroPay

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you if necessary. Sales tax will be added to the price of purchases as we deem necessary. We may change prices at any time.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping charges, and you authorize us to bill your chosen payment provider for these amounts when you submit your order. We reserve the right to correct any errors or mispricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed via the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders using the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

6.1 Payment in 3X, 4X without fees by credit card with our partner FLOA.

Our financial partner FLOA offers payment solutions for your purchases of goods and/or services, in 3 or 4 installments by bank card. These payment solutions are reserved for individuals (major individuals) residing in France, holders of a Visa or MasterCard bank card with a validity date corresponding to the duration of the reimbursement. FLOA, RCS Bordeaux 434 130 423, whose head office is located at Immeuble G7 – 71 Rue Lucien Faure in Bordeaux (33300) subject to the control of the Prudential Control and Resolution Authority (ACPR) 4 Place de Budapest, CS 92459, 75436 PARIS CEDEX 09 and registered with ORIAS under number n° 07 028 160 ( www.orias.fr ).

FLOA reserves the right to accept or refuse your financing request; you have a legal withdrawal period of 14 days. To learn more, click here .

We draw your attention to the fact that if you request to pay for your order of goods and/or services using these payment solutions, your personal data will be transmitted to FLOA for the purposes of studying your financing request, management of your credit contract and, where applicable, recovery. For more information, click here .

7. DELIVERIES

At Douce Lune , we offer free delivery for all our products in mainland France, with the exception of the French Overseas Territories, without additional charges or hidden costs. The products will be sent to the address specified during the ordering process. For any address changes before shipping your order, please inform us via the means of communication available on our site, such as the contact form, chat or by email.

Delivery is made to the door of the address indicated, on the ground floor or at the entrance to the building for addresses located on the upper floor. Once the products are delivered to the address indicated, they are considered delivered, and we cannot be held responsible for possible non-delivery. It is not our duty to verify the identity of the person receiving the products at the address provided. Deliveries are made by our partner carrier, exclusively to the address provided when placing your order. In the event of transport-related damage, any claim must be made directly to the carrier within 12 hours of the incident. Douce Lune is committed to supporting its customers in their complaints procedures with the carrier. For logistical reasons, we reserve the right to split shipments.

Douce Lune cannot be held responsible for delays due to circumstances beyond our control. In the event of a delay in delivery for reasons beyond our control, we will contact you to inform you and take the necessary measures to reduce the impact of the delay. Concerning consumers, the risk of accidental loss or deterioration of the products is transferred to the recipient at the time of delivery. This transfer of risk is effective even in the event of a delay in acceptance of the products by the customer. We strongly advise customers to check the condition of the products upon delivery and to immediately report any apparent defect or damage to Douce Lune and the carrier. Your rights as a consumer remain unaffected. In the event that we are unable to deliver your order, or part of it, for reasons not attributable to us, we reserve the right to cancel the sale of the products concerned. We will inform you as soon as possible and refund all payments made.

8. RETURNS

As part of our returns policy, it is important to note that return conditions may vary depending on the product. We invite you to carefully consult the specific return policy mentioned on the page of each product in order to inform you of the terms applicable to your purchase. This approach allows us to take into account the particularities of each of our products, whether mattresses, pillows or any other item, in order to better meet your needs and guarantee your satisfaction.

For returns made from areas outside mainland France, return costs may be applied. We invite you to consult the specific return conditions for your location on the corresponding product page or to contact us via the options available on our site, such as the contact form, chat or by email, for more details.

If the product is in poor condition, the carrier has the option of refusing the return.

Where not specified on the respective product page, we offer free returns for products still in their original packaging.

As part of the exercise of the right of return during the trial period, we take care of returns of opened products, provided that our carrier can handle products whose sum of length and perimeter dimensions does not exceed 300 cm (2x length + 2x width + 1x height). However, we may deduct the collection and return costs from the refund amount. You also have the option of returning the product on your own. For more information about the return address, please contact our customer service.

After receipt of the returned product at our premises, we have 45 days to process the refund. This period allows us to check the condition of the returned product and ensure that your refund is processed appropriately.

9. USER-GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or distribute content and materials to us or on the Services, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other materials (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available Contributions, you represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe any proprietary rights, including without limitation limited to, the copyright, patent, trademark, trade secret or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and releases to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each such identifiable individual person to enable inclusion and use of your Contributions in the manner contemplated by the Services and these Legal Conditions.
  • Your Contributions are not false, inaccurate or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, defamatory, libelous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against any specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments based on race, national origin, gender, sexual preference, or physical disability.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

10. CONTRIBUTION LICENSE

By posting your Contributions on any part of the Services or making the Contributions available on the Services by linking your Services account to any of your social media accounts, you automatically grant, and you represent and warrant that you have the right to grant, we grant an unrestricted, unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish , distribute, rename, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute any such Contributions (including, without limitation, your image and your voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and license sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media or technology now known or hereafter developed, and includes our use of your name, company name and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership rights in your Contributions. You retain full ownership of all of your Contributions and all intellectual property or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from all liability and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, remove, or otherwise modify any Contributions; (2) to recategorize Contributions to place them in more appropriate locations on the Services; and (3) pre-screen or remove any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

11. GUIDELINES FOR EXAMS

We may provide areas on the Services for you to leave reviews or ratings. When posting a review, you must meet the following criteria: (1) you must have direct experience with the person/entity who is the subject of the review; (2) your reviews must not contain offensive profanity or abusive, racist, offensive, or hateful language; (3) your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews must not contain references to illegal activities; (5) you must not be affiliated with competitors if you post negative reviews; (6) you should not draw any conclusions regarding the legality of the conduct; (7) you may not post any false or misleading statements; and (8) you may not run a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject or remove reviews at our sole discretion. We have absolutely no obligation to screen or delete Reviews, even if anyone considers Reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We assume no responsibility for any review or for any claims, liabilities, or losses resulting from any review. By posting a Review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all exam-related content.

12. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account to online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by: (1) providing your Third-Party Account with the login information via the Services; or (2) allowing us to access your Third-Party Account, as permitted by the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you have the right to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account, without breach by you of the terms and conditions that govern your use of the Third Party Account , and without obligating us to pay any fees or subjecting us to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third Party Account, you understand that (1) we may access, make available and store (if applicable) any content that you have provided and stored in your Third Party Account (the “Social Network Content”). ) so that it is available on and through the Services through your account, including, without limitation, any friends list and (2) we may submit to and receive from your third party account additional information to the extent that You are notified when you link your account with the third-party account. Depending on the Third Party Accounts you choose and subject to the privacy settings you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, Social Network Content may no longer be available on and through the Services. You will have the option to deactivate the connection between your account on the Services and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Media Content for any purpose, including, but not limited to, accuracy, legality, or non-infringement, and we are not responsible for any social network content. You acknowledge and agree that we may access your email address book associated with a third-party account and your contact list stored on your mobile device or tablet solely for the purpose of identifying and informing you of contacts who have also registered to use the Services. . You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact details below or through your account settings (if applicable). We will attempt to delete all information stored on our servers that was obtained through this third-party account, except for the username and profile picture that are associated with your account.

13. MANAGEMENT OF SERVICES

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities. the law ; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

14. PRIVACY POLICY

We care about data privacy and security. Please review our privacy policy:

https://www.doucelune.com/en/content/8-privacy-policy .

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please note that the Services are hosted in Spain. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use or disclosure that differ from applicable laws in Spain, then through your continued use of the Services, you transfer your data to Spain. , and you expressly consent to your data being transferred and processed in Spain.

We respect the intellectual property rights of others. If you believe that any content available on or through the Services infringes upon any copyright you own or control, please notify us immediately using the contact information provided below (a “Notification”). A copy of your notice will be sent to the person who posted or stored the material addressed in the notice. Please note that under applicable law you may be liable for damages if you make material misrepresentations in a notification. Therefore, if you are not sure whether material located on or linked to by the Services infringes your copyright, you should first consider contacting an attorney.

16. CONDITIONS AND TERMINATION

These Legal Terms will remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you act on behalf of the third party partying. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify or delete the content of the Services at any time or for any reason, in our sole discretion and without notice. However, we have no obligation to update information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Services at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

18. APPLICABLE LAW

These legal conditions are governed and interpreted in accordance with the laws of Spain, and the use of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU and you are a consumer, you additionally benefit from the protection afforded to you by the mandatory provisions of the law of your country of residence. You and Lune Makers SL agree to submit to the non-exclusive jurisdiction of the courts of Madrid, which means that you may make a claim to defend your consumer protection rights with respect to these legal conditions in Spain, or in the EU country in which you reside.

19. DISPUTE SETTLEMENT

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively , the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. These informal negotiations begin upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relations between the Parties to this Legal Notice will be decided by a single arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration forming part of the European Arbitration Center having its seat in Strasbourg, and which are in force at the time of filing the request for arbitration, and of which the adoption of this clause constitutes acceptance. The seat of arbitration shall be Madrid, Spain. The language of the proceedings is English. The applicable rules of material law will be Spanish law.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be joined to any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class¬ action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of intellectual property of a Party; (b) any dispute relating to or arising from allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any request for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above. and the parties agree to submit to the personal jurisdiction of this court.

20. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the Services at any time, without notice.

21. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ABSENCE OF INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITE OR MOBILE APPLICATION LINKED TO THE SERVICES AND WE ASSUME NO LIABILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHERWISE ADVERTISING, AND WE ARE NOT A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

22. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

23. COMPENSATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, incurred by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) violation of these legal conditions; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of any third party rights, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

24. USER DATA

We will retain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing . YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or delivery. granting of credits by any means other than electronic means.

26. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision. These legal terms apply to the fullest extent permitted by law. We may assign all or part of our rights and obligations to third parties at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. . There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

27. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Lune Makers SL
Paseo de las Delicias, 30
Madrid, Madrid 28045
Spain

doucelune.com