TERMS AND CONDITIONS

These are the terms and conditions on which we supply our products to you. Please read these terms carefully before ordering with us. These terms tell you what you need to know about buying with us. If you think that there might be a mistake in these terms, please let us know.
 

1 WHO WE ARE AND HOW TO CONTACT US

• 1.1 Who we are. We are Lunabare Ltd – a company incorporated and registered in England and Wales with company number 13010717.

• 1.2 How to contact us. You can contact us at lunabare.com/contactus.

• 1.3 How we may contact you. If we have to contact you, we will send an email to the email address you provided to us in your order.
   

 PLACING AN ORDER

• 2.1 How you can place an order. Orders are placed solely through our website. Once you’ve added the product(s) you’d like to your basket, you’ll go through our checkout procedure where you’ll need to enter your contact details, delivery and billing information. Please check, double check and even triple check your order (e.g. the product(s), size(s) and delivery address) before clicking the “place order” button.

• 2.2 Acceptance of your order. Your order is an offer from you to us to buy the product(s) in your basket. After you place an order, you will receive an email from us confirming that we have received it.  Our official acceptance of your order takes place when we email you to confirm we’ve we’ve dispatched your product(s). It’s at this point that a contract will come into existence between you and us. When we acknowledge your order, we’ll also confirm your order number. If you need to contact us about your order, you should quote this number.

• 2.3 Restrictions on placing orders. To order our products, you must be at least 18 years old and be authorised to use the payment method which you use to pay for the products you order.

OUR RIGHTS TO CANCEL YOUR ORDER

• 3.1 If we cannot fulfil your order. In the unlikely event that we’re unable to fulfil your order (e.g. because the product is out of stock, we haven’t been able to verify the billing information you’ve provided, or you have requested delivery to a country that we do not currently ship to, or there has been an error in the pricing or description of the product), we’ll let you know by email and we won’t charge you for the product.

• 3.2 Unusual or suspicious activity. We provide our products for your personal use only. We may cancel an order if we notice something unusual or suspect that our products are being exploited for any commercial, business or re-sale purpose. If this happens to you and you think we’ve made a mistake, get in touch with our customer service team through our online form at lunabare.com/contactus.

• 3.3 Suspending the supply of products. We may have to suspend the supply of a product to you to:

  • 3.3.1 deal with technical problems or make minor technical changes;

  • 3.3.2 update the product to reflect changes in relevant laws and regulatory requirements; and/or

  • 3.3.3 make changes to the product as notified by us to you.

OUR PRODUCTS

• 4.1 What we provide. We provide fitness gear, including clothing and accessories.

• 4.2 Descriptions of our products. The pictures of our products (and packaging) on our website are for illustrative purposes only. We work to ensure that colours are displayed accurately but we can’t guarantee that a device’s display of the colours exactly reflects those of our products.

• 4.3 Gift cards. You can purchase a gift card (in the form of a digital code) from us in the same way as any of our other products, however:

  • 4.3.1 you cannot purchase a gift card using another gift card as payment;

  • 4.3.2 gift cards are valid for 12 months from the date of purchase; and

DELIVERY

• 5.1 Delivery destination. Unfortunately, we do not currently ship to the following countries Click Here.

• 5.2 Delivery costs. All the information about our delivery charges can be found here: Click Here.

• 5.3 Additional charges. Any customs, duties or additional charges which apply to your order (if your order is delivered outside of the UK, for instance) will be your responsibility and are not included in the delivery costs.

• 5.4 When we will provide the products. When we deliver the products to you will depend on the delivery method you select during the order process, please refer to our delivery timings here: Click Here. If you are buying products during promotional periods, it may take a little longer for our products to be delivered to you.

• 5.5 We are not responsible for delays outside our control. If delivery of the products to you is delayed by an event outside our control (e.g. because of postal/courier delays, logistics or bad weather), we’ll let you know as soon as possible. If there is a risk of substantial delay, you can contact us to cancel your order and we’ll refund you for any products you’ve paid for but not received.

• 5.6 If you are not available when the product is delivered. If no one is able to take delivery and the products cannot be posted through your letterbox, the courier will notify you of the delivery attempt and tell you how to rearrange delivery or collection of the products.

YOUR RIGHTS TO END THE CONTRACT

• 6.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract, as set out below. We’re under a legal duty to supply products that are in conformity with this contract and nothing in these terms will affect your legal rights.

• 6.2 If what you have bought is faulty or differs substantially from how it is described on our website you may have a legal right to end the contract (or to get the product replaced or to be given a refund).In this case, the return will be free in the United Kingdom provided you return the product to us within 30 days (unless stated otherwise on our website) from the date you receive it.

• 6.3 If you want to end the contract because of one of the reasons set out below,the contract will end immediately, we will refund you in full for any products which you have paid for but which have not been supplied to you. The reasons are:

  • 6.3.1 we have told you about an upcoming change to the product or these terms which you do not agree to;

  • 6.3.2 we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;

  • 6.3.3 we have told you that supply of the products may be significantly delayed because of events outside our control;

  • 6.3.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four weeks; or

  • 6.3.5 you have a legal right to end the contract because of something we have done wrong.

• 6.4 If you have changed your mind about the product. We offer a goodwill guarantee which gives you 30 days (unless stated otherwise on our website) to change your mind and receive a refund instead of the standard 14 days (which does not affect your legal rights in relation to faulty products). You have 30 days (unless stated otherwise on our website) from the day you (or someone you nominate) receives the products to change your mind. If your products are split into several deliveries over different days, you have until 30 days (unless stated otherwise on our website) after the day you (or someone you nominate) receives the last delivery to change your mind. In either case, you will need to pay the cost of the return as set out in our returns process at Click Here. Please note that some products can’t be returned, such as:

  • 6.4.1 products sealed for health protection or hygiene purposes (e.g. swimwear, underwear or socks) that have been unsealed after you receive them or are not in their original packaging or have had any tags or the hygiene slip removed;

  • 6.4.2 water bottles which have been unsealed or used in any way;

  • 6.4.3 any product which has been damaged, worn, used in any way or has had the care label cut and/or removed;

  • 6.4.4 any product which is missing any component part(s) when returned by you (unless this is because of something we have done); and

  • 6.4.5 any products which become mixed inseparably with other items after their delivery.

• 6.5 In all other cases (if we are not at fault and there is no right to change your mind). Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before the products are delivered and paid for – just contact us to let us know.

RETURNS AND REFUNDS

• 7.1 Tell us you want to end the contract. To end the contract with us, ask us any questions or in the unlikely event that you have any complaints about the product, please let us know by contacting our customer service team through our online form at lunabare.com/contactus via any of the other options on our website. Unless stated otherwise on our website, please provide your name, delivery address, order number and email address so we can help you quickly and easily.

• 7.2 Returning products after ending the contract. If you end the contract for any reason after products have been sent to you or you have received them, you must return them to us. The process for returning products to us is set out in our Returns Policy. Visit our Returns Portal at lunabare.com/shippingandreturns. Following this, you should leave the package containing the product(s) you are returning (with the returns label securely attached) at one of the collection points that we identify to you. Please make sure that the products are returned to us within 30 days.

• 7.3 How and when we will refund you. We will refund you the price you paid for the products (including delivery costs where applicable) by the method you used for payment. For purchases made by part-card and part-gift card, the refund will be applied to the gift card first. If you used a discount code to buy the product, the amount refunded will be reduced to take into account the benefit of any discount which you received when buying the product. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days from the day we receive the unused product back from you.

OUR RIGHTS TO END THE CONTRACT

• 8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

  • 8.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the address for delivery; or

  • 8.1.2 you do not, within a reasonable time, allow us to deliver the products to you.

• 8.2 Refunds. If we end the contract in the situations set out in clause 8.1, we will refund any money you have paid to us for products we have not provided.

PRICE AND PAYMENT

• 9.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take care to ensure that the price of the product advised to you is correct. However, please see clause 9.4 for what happens if we discover an error in the price of the product you order. 

• 9.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we’ll adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

• 9.3 We may change the price of our products. Sometimes we need to make changes to the price of some of our products. When this happens, we’ll update the prices on our website. If you placed your order for a product before the price change, the price will be as stated on our website at the time when you placed your order.

• 9.4 What happens if we get the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, if the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

• 9.5 When you must pay and how you must pay. We accept payment by Visa, Mastercard, American Express, PayPal and Apple Pay. We will not charge you until we dispatch the products to you, although the price payable by you for the products may appear as pending transactions against the payment method you use.
   

OUR RESPONSIBILITY FOR LOSS OR DAMAGE

• 10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

• 10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care); and for defective products under the Consumer Protection Act 1987.

• 10.3 We are not liable for business losses. We only supply the products for private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

HOW WE MAY USE YOUR PERSONAL INFORMATION

• 11.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Notice. You can read it here: Click Here.

OTHER IMPORTANT TERMS

• 12.1 We may transfer this transfer to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within seven days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

• 12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

• 12.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

• 12.4 We may change these terms at any time. We may make changes to these terms at any time to reflect changes in the law or for any other reason. The most up-to-date version of our terms will always be displayed on our website so please have a look before placing an order for our products to ensure you know about any changes which may have been made since your last visit to our website.

• 12.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

• 12.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

• 12.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

12.8 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, while the United Kingdom remains part of the European Union, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

 

WEBSITE TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What's in these terms?
These terms tell you the rules for using our website lunabare.com (our site).

Who we are and how to contact us
Our site is operated by Lunabare Limited ("We"). We are registered in England and Wales under company number 13010717

By using our site you accept these terms
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Notice, which sets out how we may use your personal data.

Our Cookie Policy, which sets out information about the cookies on our site.
If you purchase goods from our site, our terms and conditions of sale will apply to the sales.

We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.

We may suspend or withdraw our site
Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that anyone who accesses our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Our site is only for users in the UK
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

You must keep your account details safe
If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your username or password, you must promptly notify us.

How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Save as provided in this section, you are not permitted to use our trademarks and/or any other intellectual property rights without our approval.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us and our licensors.

If you print off, copy, download or use any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us
Our site may include information and materials posted and/or uploaded by other users of the site (for example, comments on any content, articles and/or blogs on our site). This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users, please contact us.

Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms and conditions of sale.

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or any indirect, consequential or special loss and/or damage.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal data
We will only use your personal data as set out in our Privacy Notice.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must ensure that your contribution (a) is not defamatory or discriminatory of any person; (b) is not obscene, offensive, hateful or inflammatory; (c) does not bully, insult, intimidate or humiliate any person; (d) does not promote any illegal activity; (e) is not provided in breach of any legal duty owed to a third party (such as a contractual duty or a duty of confidence); and (f) does not infringe any intellectual property rights of any other person.

You warrant that any such contribution complies with these standards, and you will be responsible to us for any loss or damage we suffer as a result of your breach of warranty.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with these standards.

Any content you upload to our site will be considered non-confidential and non-proprietary and you grant to us a worldwide, perpetual, royalty free, transferable licence to use, reproduce, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

You are solely responsible for securing and backing up your content.

We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Which country's laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.