Legal Terms

Terms of contract

 

  1. Identification of the head of Sitio Web

 

Holder: actiMirror, S.L. (en adelante, actiMirror o el prestador)

Address: Marina de Valencia, Edificio Lanzadera. C/ Muelle de la Aduana s/n, 46024 Valencia (España).

CIF: B40642936

Public Registry: Registro Mercantil de Valencia en el Tomo 10.792 folio 107, Hoja V-191.735 inscripción 1ª

E-mail: hello@thelunna.com

"LUNNA" is a registered trademark owned by actiMirror group.

  1. Purpose

These general conditions (hereinafter, the "General Conditions"), together with the particular conditions that may be established (hereinafter, the "Particular Conditions"), are intended to expressly regulate the conditions applicable to the contracting processes carried out by users (the "Customer"), of products and/or services offered by actiMirror  through its website  https://www.thelunna.com  (hereinafter, the Website).

These General Conditions will remain in force and will be valid for as long as they are accessible through the Website, without prejudice to the fact that actiMirror reserves the right to modify, without prior notice, both the General Conditions, if any, the Particulars, as well as any of the legal texts that are exposed on the Website. In any case, access to the Website after its modification, inclusion and / or replacement, implies the acceptance of them by the user.

The Customer is subject to the General Conditions in force at each time of the corresponding contracting, not being possible the contracting of any product and / or service, without the prior acceptance of these General Conditions and, where appropriate, the particular conditions governing the provision of certain services. The temporary validity of the Terms coincides with the time of its exposure, until such time as they are fully or partially modified. The new Terms will apply from the moment they are available to the Customer and are thus fully accessible.

All purchases of Products purchased through the Website, upon identification and authentication, through the username and password provided, shall be deemed validly made by the Customer, and shall be binding. Accordingly, the Customer shall be solely responsible for any purchases of Products through the Website by any third party that makes use of its username and password. The placing of orders from the Website by a minor who falses registration information shall be deemed to have been made under the supervision and authorization of his/her parents, guardians, or legal representatives.

In case of contradiction between the terms and conditions expressed in these General Conditions and the Special Conditions, the conditions agreed in the latter instrument will always prevail in respect of those incompatible terms, and only in respect of those Products subject to those specific conditions.

  1. Involved

The process of electronic contracting through the Website, will be carried out between the "Customer" and "actiMirror", understood this as the "Point of Sale" of  actiMirror  chosen by the Customer during the contracting process.

They shall be considered as a "Customer" of the Website, those consumers, who are natural persons, who are of legal age (over 18 years of age) or, where applicable, legal persons who adequately prove their status and accept these General Conditions and the Particular Conditions that, if applicable, apply. The purchase of Products through the Website, by minors or by users who do not meet the requirements of these General Conditions, or where applicable, in the Particulars is expressly prohibited.

  1. Access and registration on the Website

Access and consultation of the catalogue of the products and / or services published on the Website is free and free of charge, not being necessary the registration of users.

Likewise, in order to start the process of contracting the products and / or services exposed on the Website, it is essential that users register as a user, following the instructions provided below.

4.1 Requirements to register as a user

It is a requirement to register as a user to be over eighteen (18) years and provide through the form provided by actiMirror through the Website, all the data required and identified as mandatory. The registered user assumes that his user account is personal and non-transferable, being able to register on the Website both natural persons and legal persons.

Every registered user will have an access password, which will be personal, non-transferable, will have a limited temporary validity and must meet minimum requirements of length and security. The user may modify or recover such password at any time, following the procedure provided on the Website. Under no circumstances will actiMirror know that password, which will remain on the encrypted actiMirror systems.

Pursuant to the foregoing, it is the user's obligation to immediately notify actiMirror of any event that allows the misuse of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed with their immediate cancellation. Until such facts are reported, the provider shall be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.

4.2 Unsubscribe as registered user

The legal relationship derived from the registration as a Customer of the Website has an indefinite duration. Either party may terminate or suspend this contractual relationship unilaterally at any time and without further reason than its will to that effect, without prejudice to the obligations arising from the formalization of orders prior to the termination of the relationship. The Customer may unilaterally exercise the right of termination through the process of cancellation of accounts.

In any case, once the registration has been made, the user may request a new registration, being safe the power of the provider not to admit such registration in the specific cases specified in the clause called "Rules of Use of the Website" or in case of conflict or controversy raised between the parties, that is about to be resolved or that has ended with recognition of fault or negligence of the user and / or harm to the provider, its collaborators and associates or its users, customers or potential customers.

Likewise, actiMirror reserves the right to cancel the username, and password, and therefore access to the Website, of those users who maintain debtor or unpaid balances.

  1. Electronic product procurement process

5.1 Information and availability of the products offered

 

All information regarding the products and /or services offered by actiMirror for its Online Channel, will be published through the Website https://www.thelunna.com, indicating the following information regarding each of them:

  • Product brand
  • Product model
  • Product images
  • Product description
  • Product price
  • Product discounts (if applicable)
  • Technical specifications of the product
  • Funding options
  • Product availability (stock)
  • Home delivery availability
  • In-store pick-up availability
  • User reviews and ratings
  • Other related and recommended products

actiMirror may, at any time, add new Products to those included on the Website, meaning, unless otherwise provided, that such new Products will be governed by the provisions of the General Conditions in force at that time. Also, actiMirror reserves the right to withdraw or stop offering, at any time, and without prior notice, any Products offered on the Website.

In the event that the Online Channel does not have stock of any of the products requested,  actiMirror, through its Online Channel, will inform the Customer of such situation, proceeding to refund, without undue delay, the sums that it has paid for said product(s).

5.2 Phases of the e-procurement procedure

Once selected by the user the products and / or services offered by actiMirror, the user must follow the phases of the contracting process indicated below:

Phase 1. – Purchase Basket Validation: The User, once the selection of the products and / or services that he/she wishes to contract is complete, must validate his/her shopping basket, in which it will be shown the selected products and / or services, the number of units, the price thereof, the deadline and the shipping costs.

Similarly, only one order of a maximum of twenty (20) units of the same product can be placed for each purchase transaction and for each customer.

Phase 2. – Provide Billing and Shipping Data: the User, once validating his/her shopping basket, must provide  to actiMirror  the billing and shipping data of the products and / or services, having to expressly accept, by dialing the corresponding box, these Conditions of Contract. If you do not check the acceptance box, the Website will not allow you to go ahead with the contracting process.

Phase 3.- Select the Payment Method: The User, once providing the billing details and, where applicable, shipping, must select the payment method that you want to use. Currently, actiMirror validates the following payment methods: Card and ActiMirror Financing.  

Phase 4.- Payment of the total economic amount: the User, in case she/he has opted for either of the two means of payment in cash (PayPal or Card) will be automatically redirected by the system to the online payment platform (POS) of the corresponding banks.

Phase 5. - Confirmation of the Purchase:  actiMirror, will send the Customer within a maximum period of 24 hours from the time of the effective realization of the payment of the purchase by the Customer, an email in which a summary will be provided, with all the characteristics of the sale made.

Likewise, by accepting these general conditions of contract, the customer agrees to receive invoices derived from the contracting of goods and / or services of actiMirror in electronic format. In any case, the customer can consult and/or download the invoice in the "My Account" area.

Notwithstanding the above, in case the customer wants the invoice in physical format (on paper), he must send an email to the following address hello@thelunna.com  requesting the invoice in physical format, identifying himself properly and indicating the order number from which the invoice is requested in physical format.

For all purposes, the purchase shall be understood at the address of the Point of Sale at which the sale was actually made by the Customer.

  1. Economic conditions and payment methods

6.1 Economic conditions

All products and/or services offered on the Website are associated with the final price of the product, as well as, where applicable, the possible discounts that apply to such purchase.

The prices shown on the Website apply exclusively to the Products offered through said Channel and for as long as they remain published, and may have the same products different prices in the establishments of the network of Points of Sale of actiMirror.

The prices of the Products are always shown in euros and include VAT, as well as any other taxes that are applicable, being those in force and legally applicable at that time. Likewise, all prices shown do not include the possible applicable shipping costs, these being identified independently before the purchase and sale is confirmed.

In the event that actiMirror  identifies a manifest error in the price of any of the published Products, they will inform the Customer immediately, as well as carry out the corresponding publication of the rectification of the same through the Website and in the usual means of communication, having the option of the Customer to reconfirm, through the section "My Account", his order at the correct price or, failing that, cancel it.

actiMirror expressly reserves the right to modify prices at any time, without prior notice. However, in any case, the current rates indicated on the Website will apply at the time of placing the corresponding order.

6.2 Payment methods

To proceed with the payment, the Customer must follow each and every one of the instructions shown in phase 3 of the electronic contracting process, described above.

All means of payment provided by actiMirror are subject to verifications and authorizations by the issuing entities of the means of payment (card issuers and /or issuers of payment accounts), but if that entity does not authorize the payment, the purchase procedure initiated, being automatically canceled the order, and it is understood not to be the sale of the Product or Products ordered.

The charge of the price of the Products, the costs of the shipping service – if any-, as well as any applicable taxes, will only be made at the time of ordering.

To carry out the electronic payment, actiMirror has installed an e-commerce payment gateway provided by banks enabled for them. All data provided to actiMirror for these purposes, are duly encrypted to ensure maximum security and confidentiality of the same, staying on a secure server certified according to the "Secure Socket Layer"(SSL) protocol.

In no case will the card data provided by the Customers through the payment gateway be stored by actiMirror  through the payment gateway, and will only be kept while the purchase is made, the payment is made and until after the withdrawal period, in order to be able to return the corresponding economic amounts.

Likewise, the user can pay quickly and securely with their PayPal account, without sharing financial information with actiMirror. In case of selecting this payment method, the Customer will be redirected to the secure PayPal page, where he/she must enter his/her credentials and accept the charge. Once the payment is confirmed, the Customer will be returned to the confirmation page of actiMirror, where he/she can confirm the status of the sale made.

  1. Condiciones de recogida y envío de los productos
  2. Conditions of collection and shipment of products

Products whose purchase has been made through the actiMirror Website will be sent to the postal address indicated on the order form, not being able to correspond to a post box or public places, such as public roads, places, stations, airports or other similar.

Home deliveries are only made to destinations in Mainland Spain and the Balearic Islands.

In case of request for delivery of the home order, the delivery will generally be made within fifteen  to forty-five  working days from the confirmation of the order, at the postal address that has been included in the order data, unless it is a cause of force majeure. The delivery note will be sent together with the Product or Products.

The transport company will preferably communicate via SMS with you to inform you of the day on which the delivery will be made. If you are not at the place of delivery, a second attempt will be made of which you will also be notified via SMS. In case you are unable to deliver the order on this second attempt, the transport company will send it to our warehouse, where you will have up to 10 days to withdraw it. At all times, the transport company will inform you via SMS of the two delivery attempts as well as the remaining period that you have to collect it in warehouse.

  1. Right of withdrawal of orders

The User has recognized the right of withdrawal of the purchase made through the Website, and therefore, if not satisfied, may return the Product within a maximum period of thirty (30) calendar days from the time he/she has acquired possession of the product/s or since the conclusion of the contract in the case of contracting service services.

The right of withdrawal may be exercised through the following channels:

  1. Through the Website, by filling in the web form attached to the return request.
  2. Contact customer service, where the steps to follow will be indicated.

The refund will include the amount of the purchase and if they existed, the delivery costs. The return will be made in the same means of payment with which the Product was purchased, discounting the return costs that will be borne by the customer.

The Customer shall return the products under withdrawal without undue delay and in any case no later than 14 calendar days from the date on which his decision to withdraw is communicated.

The refund of the amount corresponding to the withdrawal will be made within 14 calendar days from the date on which the decision to withdraw from the contract has been effectively and unequivocally communicated and provided that the goods or products subject to withdrawal have been previously received, otherwise the disbursement may be withheld until the receipt of such goods or until the Customer proves the return of the goods.

 

The following are excluded from the right of withdrawal:

  1. a) The provision of services once the service has been fully executed.
  2. b) The supply of goods or services made to the Customer's specifications or clearly customized.
  3. c) Any other good or service armed with la applicable legislation.

The Customer shall be responsible for the decrease in value of the goods resulting from handling them other than that necessary to establish their nature, characteristics, or operation. In any case, for the purpose of making use of the right of withdrawal, it is necessary that the Products be returned in their original packaging together with the invoice, in the event that they are returned without such original packaging or with damage the amount to be paid to the Customer for the return of the product will be reduced in the corresponding amount. Before returning the Product, the Customer must ensure that the Product is properly protected and sealed so that it does not suffer any damage during transport.

  1. Garantías
  2. Guarantees

Where the Product(s) purchased has a lack of conformity because it does not correspond to the characteristics offered, they present defects that prevent their normal use according to their nature, or not the services described for it, the Customer will have the right to the reorient of the acquired property within two years of the purchase and under the conditions and with the means of proof regulated in the text of the Law for the Defense of Consumers and Users, without prejudice to the powers of actiMirror to check the veracity of the defects, their origin and the time of their appearance.

In any case, the Customer must contact actiMirror within a maximum period of two months from the finding of the defect, having to inform the nature of the problem, the time, and the conditions of its appearance.

Likewise, the Customer has the right to the sanitation of the good following the rules of the text of the General Law for the Defense of Consumers and Users. In any case, the regulations on guaranteeing the sale of consumer goods established by the applicable legislation shall apply. If the product is defective, actiMirror will be liable whenever possible to replace the product, without any expense to the Customer. In case for reasons of availability the replacement of the product could not be made, the full return of the purchase will be made.

  1. Servicio de atención al cliente y post venta
  2. Customer service and post-sales service

actiMirror has Consumer Claims Sheets available on the Website.

Any inquiries, suggestions, complaints or claim regarding the online sale of the Products may be made through our Customer Service:

  1. a) E-mail: hello@thelunna.com
  2. c) Adress: Marina de Valencia, Edificio Lanzadera. C/ Muelle de la Aduana s/n, 46024 Valencia (España).
  3. Disclaimer

actiMirror cannot guarantee the technical continuity of the Website, the absence of failures or interruptions of the service or that the Website will be available or accessible one hundred percent of the time. Nor can it guarantee the absence of viruses or other harmful components on the Website or on the server from which it is supplied.

  1. Processing of personal data

All information provided during the contracting process will be stored by actiMirror, S.L. , in his capacity as the controller and manager of the Website, as well as the processor of the order data on behalf of the Point of Sale, which for all purposes will be the Data Controller with the personal data of the Customers who have actually made the sale.

The data collected will be made available to the transport and logistics company responsible for making the delivery of the item acquired through the website, the entity responsible for the financing indicated in these conditions, as well as any other operator involved in the purchase, financing and /or delivery process, for the purposes of fulfilling the contract or contracts with the customer and the relationships derived therefrom. In any case, before communicating the Customer's personal data to any third party, the Customer must accept it expressly in advance.

The buyer is informed that the personal data provided will be incorporated into a file owned by actiMirror, being necessary the processing of his data for the management of the contractual relationship and the provision of the services. For the above purposes, the buyer guarantees that the data provided are true, being expressly responsible for the possible consequences that would have caused in the falsity of such information. We inform you that the personal data provided may be communicated to the companies of the  actiMirror group (sector of distribution and trade of goods and services), to the technical services of the manufacturer in order to provide the after-sales service or the manufacturer in order to manage the return of products.

The buyer's contact details may be used on the basis of the legitimate interest to send him, through any means, including mail, email, SMS, etc., information of interest, news and offers about the products and services of actiMirror, as well as to inform you about advantages that you have as a customer of actiMirror in the contracting of products and services of other companies with which we reach preferential agreements (in no case will we transfer your personal data to such companies), or similar information that you request. To unsubscribe from the advertising communications service you can do so through  https://www.thelunna.com/ or request it in accordance with the provisions of the Privacy Policy of actiMirror attaching a photocopy of your ID in both cases. The processing of personal data by actiMirror, as well as any other information requested for access and use of the Website, will be governed by the provisions of the Privacy Policy of the Web.

Likewise, you can contact the data protection officer of actiMirror, by any of the means indicated, in the event that you understand that you have violated any of your rights related to data protection.

For more information about the processing of your data by actiMirror, please refer to the Privacy Policy.

  1. General

These conditions have been set out in good time, in accordance with current legislation. In addition, actiMirror makes available these Conditions of Purchase, so that they can be stored and reproduced, thus complying with the legal duty of prior information.

actiMirror reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website, the functionalities of the website and / or the contents incorporated therein. You expressly acknowledge and agree that at any time actiMirror may interrupt, disable and/or cancel access to and/or use of the Website, without actiMirror is responsible for it.

In the event that any provision of these Terms of Purchase is held to be void or unenforceable, in whole or in part, by any court, court or competent administrative body, such nullity or non-application shall not affect the remaining provisions. In such a case, the clause(s) concerned shall be replaced by another or other clauses having the most similar effects to those of the replaced ones.

  1. Applicable law, dispute resolution and competent jurisdiction

The parties expressly agree that this contract shall be governed by and construed, in all its terms and conditions, in accordance with current Spanish law.

The parties expressly submit, for any questions or divergences that may arise by reason of the interpretation, performance and performance of this contract, to the jurisdiction and competence of the Courts and Tribunals corresponding to the domicile of the buyer or to those of the place of performance of the contractual obligation.

Likewise, as an entity adhering to Confianza Online and in the terms of its Code of Ethics, in case of disputes related to online contracting and advertising, protection of data, protection of minors, the user can go to the system of out-of-court dispute resolution of Confianza Online (https://www.confianzaonline.es).

Similarly, under Regulation (EU) 524/2013 applicable throughout the European Union, actiMirror, S.L. makes available to users of the Website the following link: http://ec.europa.eu/consumers/odr/

By means of this link, users of the Website who will be able to access the European Online Dispute Resolution Platform (ODR). In the event that the user has had a problem with a purchase or the provision of an online service, he/she may make use of this means to file any claim in relation to such sale or provision of services, as well as opt for the out-of-court settlement of the dispute raised.

To file complaints in the use of our services, you can contact by mail to the electronic or physical address indicated in the "Identification" section, committing to seek always an amicable solution to the conflict.

Last updated: May 2020.



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