Terms and Conditions

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. 

This Agreement contains the terms and conditions that apply to your purchase from LUNAYA ("Lunaya", "our" or "we") that will be provided to you ("Customer") on products sold in Canada. By accepting delivery of the products and/or services described on the invoice, Customer agrees to be bound by and accepts these terms and conditions.

THESE TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH LUNAYA, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.

These terms and conditions are subject to change without prior written notice at any time, in LUNAYA’s sole discretion.

1. OTHER DOCUMENTS

Other than as specifically provided in any separate formal purchase agreement between Customer and LUNAYA, these terms and conditions may NOT be altered or amended by the use of any other document(s). Any attempt to alter or amend this document or to enter an order for product(s) or services and support that are subject to altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and LUNAYA.

2. GOVERNING LAW. 

THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE DEEMED TO HAVE BEEN MADE IN THE PROVINCE OF ALBERTA AND SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE PROVINCE OF ALBERTA AND THE APPLICABLE LAWS OF CANADA. THE PARTIES HEREBY AGREE TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF THE PROVINCE OF ALBERTA.

3. INTELLECTUAL PROPERTY 

The Site and its original content, features, and functionality are owned by Lunaya and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4. ACCURACY OF INFORMATION 

This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site and shall not be responsible or liable for any error or omissions in that information.

5. PAYMENT TERMS; ORDERS

Terms of payment are within LUNAYA's sole discretion, and unless otherwise agreed to by LUNAYA, payment must be received by LUNAYA prior to LUNAYA’s acceptance of an order. Payment for the products and services may be made by credit card, or some other prearranged payment method. If a payment is not received or payment method is declined, the buyer forfeits the ownership of any items purchased. If no payment is received, no items will be shipped. 

6. SHIPPING CHARGES; TAXES

Separate charges for shipping and handling will be shown on the invoice(s). The Customer is responsible for all shipping costs, goods and services tax (GST), sales and all other taxes associated with the order. Please note we can only ship within Canada at this time. 

7. RISK OF LOSS

Title to products passes from LUNAYA to Customer on shipment from LUNAYA’s facility. Loss or damage that occurs during shipping is Customer's responsibility. LUNAYA is not liable for delays in shipment or failure to ship by the estimated ship date. Where customer has ACCEPTED to insure their shipment (at time of order) then LUNAYA will assist customer with, but is not liable for, their insurance claim against Canada Post or FedEx for loss or damage. Where customer has DECLINED to insure their shipment (at time of order) then LUNAYA is not liable for or in any way responsible for any loss or damage howsoever caused.

8. SALES POLICY

All sales are Final. No Refund. No Exchange.

9. RETURN POLICIES

LUNAYA, at its sole discretion, may permit the return of product, for purpose of repair or other reason, but any return must first be authorized by LUNAYA.

10. EXCHANGES 

From time to time, LUNAYA may, in its sole discretion, exchange products or portions of a product. 

11. PRODUCTS

LUNAYA continually upgrades and revises its products/inventory to provide its' customers with new choices. LUNAYA may revise and discontinue products at any time without prior notice to customers. 

12. COMPLAINTS

LUNAYA understands that for many reasons a customer may feel dissatisfied or frustrated. Let us try to resolve any issue you have in a civil and fair manor. 

Any complaints about LUNAYA products or items may be sent to our support team: Lunayadidsbury@gmail.com, or by mail: PO Box 418, Didsbury, AB T0M 0W0. There is no guarantee of a resolution, but we will try our best to resolve any issue fairly. Each case will be looked at individually. 

PLEASE BE ADVISED WE WILL NOT TOLERATE ABUSE, OR SLANDER ON SOCIAL MEDIA. Especially if you have not given us the courtesy of trying to resolve the situation first. Be aware that if slander is noted on social media sites that LUNAYA reserves the right to take legal action, as well as refuse to negotiate your complaint. 

Remember: “You catch more bees with honey, than with vinegar!” BEE NICE.

13. APPLICABLE LAW; NOT FOR RESALE

Customer agrees and represents that it is buying for its own use only, and not for resale. LUNAYA has separate terms and conditions governing resales.

14. FORCE MAJEURE

LUNAYA shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control. 

15. PRICE DISCLAIMER

ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. LUNAYA is not responsible for typographical errors or any wacky digital weirdness, which may occur. Not all items are exactly as pictured.