Terms of service
Overview
This website is operated by Momo & Luna. Throughout the site, the terms “we,” “us,” and “our” refer to Momo & Luna.
Momo & Luna offers this website, including all information, tools, products, and services available through the site, to you, the user, conditioned upon your acceptance of the terms, conditions, policies, and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or made available by hyperlink.
These Terms apply to all users of the site, including browsers, customers, merchants, vendors, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by them. If you do not agree to these Terms, you may not access the website or use the Services.
Any new features, products, or tools added to the store will also be subject to these Terms.
We reserve the right to update, modify, or replace any part of these Terms by posting changes to this page. Your continued use of the website after changes are posted constitutes acceptance of those changes.
Our store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services to you.
Section 1 – Online Store Terms
By agreeing to these Terms, you confirm that you are at least the age of majority in your state, province, or country of residence, or that you are the age of majority and have given permission for any minor dependents under your responsibility to use this website.
You may not use our products, website, or Services for any illegal or unauthorized purpose.
In using the Service, you may not violate any applicable laws or regulations, including intellectual property and copyright laws.
You must not transmit viruses, malware, worms, or any other code of a destructive or harmful nature.
A breach or violation of these Terms may result in termination of your access to the Services.
Section 2 – General Conditions
We reserve the right to refuse service to anyone where permitted by applicable law.
You understand that content you provide to us, excluding payment card information, may be transferred across different networks and may be modified as necessary to conform to technical requirements of connecting networks or devices.
Payment card information is encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, access to the Service, or contact through the website without our express written permission.
The headings used in these Terms are included for convenience only and do not limit or otherwise affect the Terms.
Section 3 – Accuracy, Completeness, and Timeliness of Information
We make reasonable efforts to ensure that information provided on our website is accurate and current.
However, information made available on the site may occasionally contain errors, omissions, or outdated information.
Material provided on the website is for general informational purposes and should not be relied upon as the sole basis for making decisions where more accurate, complete, or current information may be required.
Any reliance on information provided through the website is at your own risk.
The site may also contain historical information, which is provided for reference purposes only.
We reserve the right to modify the content of the site at any time, subject to applicable law.
Section 4 – Modifications to the Service and Prices
Prices for our products may change without notice.
We reserve the right to modify, suspend, or discontinue any part of the Service or any product offering at any time, where permitted by applicable law.
We will not be liable to you or any third party for reasonable modifications, price changes, suspension, or discontinuation of the Service, except where liability cannot legally be excluded.
Section 5 – Products and Services
Certain products or services may be available exclusively through our website.
Products may be available in limited quantities and may only be returned in accordance with our Return & Refund Policy.
You may request a return within 30 days from the date you receive your order, subject to the conditions stated in our Return & Refund Policy.
To start a return, please contact our customer service team for instructions before sending anything back.
We make reasonable efforts to display product images, colors, measurements, features, and descriptions as accurately as possible. However, the appearance of products may vary slightly depending on your screen, device, lighting, or other factors.
We reserve the right, where permitted by applicable law, to:
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Limit sales of products or services to particular individuals, locations, or jurisdictions.
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Limit quantities available for purchase.
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Modify product descriptions or pricing.
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Discontinue products or services.
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Cancel or restrict orders in cases involving suspected fraud, misuse, pricing errors, or other legitimate reasons.
Any offer for a product or service is void where prohibited by law.
Nothing in these Terms limits any mandatory consumer rights that apply to you under applicable law.
Section 6 – Orders and Billing
We reserve the right to refuse, limit, or cancel an order where permitted by applicable law.
This may include orders that appear to:
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Be fraudulent or unauthorized.
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Have been placed using incorrect payment or billing information.
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Exploit obvious pricing or technical errors.
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Violate these Terms or other applicable policies.
If we make a change to or cancel an order after it has been placed, we may attempt to notify you using the email address or other contact information provided at checkout.
You agree to provide current, complete, and accurate purchase and account information for all orders placed through the website.
Section 7 – Returns and Refunds
Returns and refunds are governed by our separate Return & Refund Policy.
Unless otherwise required by applicable law, customers are responsible for return shipping costs for ordinary returns.
If an item arrives damaged, defective, or incorrect, please contact our customer service team so we can review the issue and provide appropriate assistance.
Digital products and electronically delivered products may be non-returnable once delivered, subject to applicable consumer law.
Section 8 – Intellectual Property
Unless otherwise stated, the website and its content, including text, graphics, product images, logos, branding, illustrations, designs, videos, and other materials, are owned by or licensed to Momo & Luna and are protected by applicable intellectual property laws.
You may use the website only for personal, non-commercial purposes.
You may not copy, reproduce, distribute, modify, publish, sell, commercially exploit, or create derivative works from our content without prior written permission, except where permitted by applicable law.
Section 9 – Third-Party Tools and Links
Our website may provide access to tools, services, applications, or websites operated by third parties.
We do not necessarily control these third-party services and are not responsible for their content, availability, privacy practices, or terms.
Your use of third-party services is subject to the terms and policies of the applicable third party.
We recommend reviewing those terms before using any third-party service.
Section 10 – User Comments, Feedback, and Submissions
If you submit reviews, comments, suggestions, photographs, ideas, feedback, or other content to us, you confirm that you have the right to provide that content.
You must not submit content that:
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Violates the rights of another person.
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Contains unlawful, abusive, defamatory, obscene, or harmful material.
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Contains malware or malicious code.
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Misrepresents your identity or affiliation.
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Violates applicable law.
We may remove content from our Services where we reasonably believe it violates these Terms or applicable law.
Section 11 – Personal Information
Your submission and processing of personal information through the website is governed by our Privacy Policy.
Section 12 – Errors, Inaccuracies, and Omissions
Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping, or other information.
We reserve the right to correct errors, update information, or cancel orders affected by material errors where permitted by applicable law.
Nothing in this section limits mandatory rights provided to consumers under applicable law.
Section 13 – Prohibited Uses
You may not use the website or its content:
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For unlawful purposes.
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To encourage others to engage in unlawful activity.
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To violate applicable laws or regulations.
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To infringe intellectual property rights.
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To harass, abuse, harm, discriminate against, defame, or intimidate others.
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To submit false or misleading information.
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To transmit malicious software or harmful code.
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To collect or track another person's personal information unlawfully.
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To interfere with or circumvent website security.
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To use automated systems to misuse, scrape, disrupt, or interfere with the Service in a manner that violates applicable law or these Terms.
We reserve the right to terminate or restrict access to the Service for violations of this section.
Section 14 – Disclaimer of Warranties and Limitation of Liability
We aim to provide a reliable and high-quality Service, but we cannot guarantee that access to the website will always be uninterrupted, timely, secure, or error-free.
To the fullest extent permitted by applicable law, the Service and products are provided subject to the warranties, rights, and remedies required by law.
Nothing in these Terms excludes, limits, or affects any rights or remedies that cannot legally be excluded or limited, including mandatory consumer protection rights.
To the fullest extent permitted by law, we will not be liable for indirect, incidental, special, or consequential losses arising from the use of the Service.
Section 15 – Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Momo & Luna and its affiliates, employees, contractors, service providers, and representatives from claims or liabilities arising from your material breach of these Terms or violation of applicable law or third-party rights.
Section 16 – Severability
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law.
The unenforceable portion will be considered severed from these Terms, and the remaining provisions will remain valid and enforceable.
Section 17 – Termination
These Terms remain effective unless terminated by you or us.
You may stop using the Services at any time.
We may suspend or terminate your access to the Services where you materially violate these Terms or misuse the website, subject to applicable law.
Any obligations or liabilities incurred before termination will continue to apply where appropriate.
Section 18 – Entire Agreement
These Terms, together with our Privacy Policy, Return & Refund Policy, and any other policies referenced on the website, constitute the agreement between you and us regarding your use of the Services.
Any failure by us to enforce a provision of these Terms does not constitute a waiver of that provision.
Section 19 – Governing Law
These Terms and any separate agreements through which we provide Services will be governed by applicable law.
Nothing in this section deprives consumers of any mandatory protections available to them under the laws of their country or place of residence.
Section 20 – Changes to These Terms
We may update these Terms periodically to reflect changes to our Services, business practices, or legal requirements.
The most current version will be available on this page.
Your continued use of the website after updated Terms become effective constitutes acceptance of those changes, where permitted by applicable law.
Section 21 – Contact Information
If you have questions about these Terms of Service, please contact our customer service team at:
hi [at] momoandluna [dot] com
For formal legal correspondence where company identification is required:
HOW ARE YOU REALLY, LLC
1111B S Governors Ave STE 21419
Dover, Delaware 19904
United States