LUNETTE

1. OBJECT

These Terms and Conditions are intended to govern the conditions of subscription (hereinafter “Subscription”) to the website www.lunette.club (hereinafter “the Service”) by any adult user (hereinafter, the “User”, “You” or “Your”) of the website, as well as to define the rights and obligations of the parties in this context.

The Service offers a subscription membership which entails you to receive 1 pair of sunglasses per month.

Your access to and use of such Service are governed by the Site’s Privacy Policy located at Privacy Policy.

Your access to and use of such Service may require you to acknowledge your acceptance of such Privacy Policy and/or to register with the Service, and your failure to do so may restrict you from accessing or using certain features and functionality of the Service. You may not alter, transmit, or disassemble the Service in any manner in whole or in part, including without limitation, any taking or transmitting screen captures from the Content. Any attempt to do so is a violation of the rights of Provider and these Terms. You may be subject to prosecution and damages.

We invite You to carefully read these Terms and Conditions to the extent that any subscription to the Site implies prior acceptance of the Terms and Conditions.

Availability and opposability of the Terms and Conditions

The Terms and Conditions are made available to consumers via a “Terms and Conditions” hypertext link, where they can be directly consulted. The Terms and Conditions are enforceable against the consumer who acknowledges, by checking a box provided for this purpose, having been aware of them and having accepted them before placing an order.

Any subscription to a Service implies the consumer's adherence to the Terms and Conditions in force on the day of the order.

2. About Us

The service is published and operated by THIRD SCREEN B.V. (hereinafter “the Company”) whose head office is located at De entree 232, 1101 EE Amsterdam.

VAT number: NL868813485B01

Customer support email: support@lunette.club

3. The service

3.1 LUNETTE Service

For the price of a monthly Subscription which can be taken 1 month in advance, the Service offered on the site is a paid subscription service which allows the user to get 1 pair of sunglasses per month.

The user must complete the form provided for this purpose on the Service Site, completing all mandatory fields and expressly accepting the confidentiality policy and these conditions of use. Any incomplete request may result in insufficient provision of services. The user warrants that all information provided in this form is correct, up-to-date and accurate, and is not misleading in any way.

The user undertakes to inform LUNETTE of any change or modification of the electronic mail by which the service will be provided. The user acknowledges and accepts that the information entered when creating their account constitutes true proof of their true identity. The information provided by the user will be considered true and valid. LUNETTE reserves the right to verify the accuracy of the data provided by the user. The same person (with the same name, surname and same address) cannot have more than one account.

Once the corresponding form has been completed with all the necessary data, the website will redirect the user to the secure payment page, where you must enter your credit card number, corresponding to the account on which you want the service charges are applied.

The user has the possibility to check the details of their subscription before confirming it.

Once registered and after paying for the service in accordance with the “PRICES AND PAYMENT METHODS” section, the user will receive an email confirming their subscription.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

Geographic Restrictions

You acknowledge that you may not be able to access all or some of the Platform and Content outside of the United Kingdom and that access thereto may not be legal by certain persons or in certain countries. If you access the Content from outside the United Kingdom, you are responsible for compliance with local and federal laws.

3.2 Promotional Offers

Free trials

We may offer free trial to the Service for a limited time (“Trial Subscription”). The duration of the Trial Subscription will be specified at sign-up in the applicable offer. You must provide a valid Payment Method at the time of signing up for the Trial Subscription in order to use the Platform. Your Payment Method will not be charged during the Trial Subscription. UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION, WE WILL CHARGE YOUR PAYMENT METHOD THE FEE FOR THE PLATFORM UNLESS YOU CANCEL THE TRIAL SUBSCRIPTION BEFORE THE LAST DAY OF YOUR TRIAL SUBSCRIPTION.

4. Access to the service

The Subscriber is solely responsible for setting up the IT and telecommunications resources allowing access to the Site.

He is responsible for telecommunications costs when accessing the internet and using the Site.

5. Subscription

5.1 Conditions

To subscribe to the Service You certify on your honor that you are of legal age and responsible according to the law in force in the United Kingdom. You guarantee that You can legally conclude a binding contract and reside in the United Kingdom.

Your acceptance of the Terms and Conditions is evidenced by a mandatory check box during the subscription process.

It is only possible to subscribe once per household. By way of illustration and without this being limiting, persons cannot subscribe multiple times to the Service:

having the same name and living at the same address in the same home, and/or
living in the same home;
using the same bank details/means of payment, etc.

5.2 Subscription to the service

To subscribe, the User must complete the form provided for this purpose on the Site by completing all the fields, all of which are mandatory. In the event of communication of erroneous data, the Company cannot be held liable.

The User guarantees that all the information he gives in the form is accurate, up to date and sincere and is not tainted by any misleading character.

He undertakes to inform the Company at the address mentioned in article 2 in the event of modifications.

The User is informed and accepts that the information entered for the purposes of creating or updating his account constitutes proof of his identity. The information entered by the Subscriber is binding upon validation. The Company reserves the right to verify the accuracy of the data provided by the Subscriber.

At the end of his registration, and after payment of the price of the Subscription in accordance with article 6, the Subscriber receives an email confirming his Subscription. This email may arrive via spam, so the Subscriber is asked to check that this email has not reached them through this means and to contact customer service if they have not received it.

6. Price and payment terms

The price of the Subscription appearing on the Site.

The applicable price is that in force when the User subscribes to the Service. The price and payment terms may be modified at any time by the Company, which the Subscriber acknowledges and accepts.

6.1 Subscription prices and set-up

When the User subscribes to the promotional offer, he benefits from a period of 3 days, during which he may decide to unsubscribe for any reason whatsoever, without prejudice to the application of its legal right of withdrawal as set out in article 9.

If the Subscriber fails to unsubscribe within the 3 days of registration, the Subscription is automatically activated. The Subscriber will then be charged for a monthly subscription.

6.2 Payment terms

Payment is made exclusively by credit card. Thereafter, the price of the subscription is payable by the Subscriber's bank account, until the Subscriber terminates his Subscription.

This automatic debit of the price of the Subscription is carried out by the company providing secure payment solutions on the Internet, to which LUNETTE subcontracts the implementation of the payment and which alone retains the subscriber’s bank details for this purpose.

LUNETTE does not keep any banking details.

The Subscriber guarantees LUNETTE that he has the necessary authorizations to pay the price of the Subscription in accordance with the terms set out in this article.

He undertakes to take the necessary measures to ensure that the Subscription price can be debited automatically.

LUNETTE reserves the right to suspend or cancel delivery of the Product and/or terminate the Subscriber's subscription in the event of non-payment of any sum due by the Subscriber, in the event of payment incident, or in the event of fraud or risk of fraudulent use of bank card.

LUNETTE allows its users to benefit from a payment facility. LUNETTE has implemented split payment. This payment solution is automatically activated if the user's bank refuses a request for authorisation or a direct debit. It is free, and consists of automatically debiting the Subscription in several instalments.

7. Subscription Duration

The Subscription is non-binding and tacitly renewable. It begins as soon as payment of the first direct debit is made. The Subscriber has the possibility of unilaterally terminating his subscription under the conditions provided for in Article 8. The Subscriber may cancel the subscription unilaterally under the conditions set out in article 8. If the Subscriber does not cancel his subscription, it will be renewed from term to term until he requests cancellation. The Subscriber also has the right to withdraw in accordance with the conditions set out in article 9.

8. Termination – Cancellation

8.1 At the Subscriber's initiative (unsubscription)

In the event that the Subscriber does not wish to renew the contract, i.e. unsubscribe, he may do so, without giving any reason, provided that he/she does so before the relevant tacit renewal date.

The subscriber must notify their intention to unsubscribe before the 20th of each month. In other words, they will have until the 20th (00:00) of each month to cancel their subscription and avoid being automatically billed for the following month. For example, if the customer cancels their subscription on June 19, they will not be billed for the following month. However, if the customer cancels their subscription on June 20, they will still be billed for their July subscription.

Only unsubscription requests received and processed on the last working day before the deadline will be taken into account.

If the Subscriber unsubscribes while the automatic debit of the Subscription price is in progress or has been carried out, his or her unsubscription only takes effect for the following month.

In any event, the Subscriber retains the right to withdraw under the conditions stipulated in article 10.

Unsubscription is done online through the site www.lunette.club or by making a request to customer service by email to support@lunette.club.

To unsubscribe via Customer Service (support@lunette.club), the Subscriber must specify the email address with which he registered. The non-renewal of his subscription will be confirmed by return email.

8.2 At the Service’s initiative

LUNETTE reserves the right to terminate the contract at any time if the Subscriber fails to comply with these Terms and Conditions, in particular article 7.

LUNETTE also reserves the right to cancel an order. This cancellation will be notified to the Subscriber by any appropriate means.

9. Right of withdrawals

The Subscriber has a withdrawal period of fourteen (14) clear days from the day after he takes possession of the Service.

To exercise their right of withdrawal, the Subscriber must notify LUNETTE of their wish to withdraw.

To notify the Company of his/her wish to withdraw, the Subscriber must send a letter or email to the address mentioned in Article 2 of the General Terms and Conditions of Sale.

10. Liabilities

10.1 Limitation of liability

The user acknowledges that the service consists of providing access to an online streaming platform.

The company shall not be liable for any failure or delay in the provision of the service due to users' difficulties or inability to temporarily access (i) their Internet connection, (ii) their computer equipment or (iii) their e-mail, for reasons of force majeure, external circumstances or any other incident that may arise due to an interruption in the telecommunications network. In such cases, the subscriber user must be aware of the complexity of Internet networks and traffic, and of the fact that existing security measures for computer equipment on the Internet are not totally reliable. Consequently, the company cannot guarantee that the functions available on the website will be error-free or that the server is free of viruses.

10.2 The service

LUNETTE undertakes to carry out regular checks to verify the operation and accessibility of the Site. As such, it reserves the right to temporarily interrupt access to these sites for maintenance reasons. Likewise, LUNETTE cannot be held responsible for temporary difficulties or impossibilities of access to these sites which originate from circumstances external to it, force majeure, or which are due to disruptions in the telecommunications network, the Subscriber being informed of the complexity of global networks and the influx, at certain times, of Internet users.

11. Intellectual property

The user undertakes to respect the industrial property rights of the company and any other third party. The use of or authorization of access to the website does not in any way imply the granting of a right to the trademarks, trade names or any other distinctive sign used.

The user may download the web page to their terminal for private purposes, without any commercial purpose, so as not to exploit, reproduce, distribute, modify, communicate publicly, transfer, transform or use the content of the web for public purposes or commercial.

Likewise, the contents are the intellectual property of the company or of third parties having voluntarily assigned them, without it being understood that the user, in any case, has been assigned any of the exploitation rights or any other right existing or which may exist over said content, beyond what is strictly necessary for the correct use of the website.

Exemption from liability concerning the ownership of trademarks and copyrights of third parties.

Unless expressly stated otherwise, any trademark/brand name appearing on this website is the property of its respective owner. Where a trademark or brand name is mentioned, it is used solely to describe or identify the products or services and in no way constitutes an assertion that the said products or services are related to the company.

The site may contain links to other third party pages. Consequently, the company cannot accept responsibility for the content that may appear on third party pages.

12. Personal and banking data

When Subscribers register, the Company collects personal data concerning their contact details (e.g. telephone number, surname, first name, e-mail, etc.).

The Company only collects this information for people who have finally chosen to subscribe to a Subscription to the Site. For visitors to the Site who choose not to confirm the Subscription, the Company only collects the email address.

By taking out a Subscription and accepting the Terms and Conditions, the Subscriber agrees to the processing of their personal data for the purposes of managing Subscriptions. This collection enables the Company to send the Subscriber his/her order and also to improve the offers made to its Subscribers and the communication of information about them, as well as to propose new offers.

In accordance with the applicable law on personal data, the consumer has the right to oppose, access, rectify and delete any personal data concerning him obtained by the Company during use of the Site.

13. Prohibited behavior

Are strictly prohibited:

any behavior likely to interrupt, suspend, slow down or prevent the continuity of the activity,
any intrusions or attempted intrusions into LUNETTE's systems,
any misappropriation of the Site's system resources,
any actions likely to impose a disproportionate burden on the infrastructure of the latter,
any breaches of security and authentication measures,
any action which may prejudice the financial, commercial or moral rights and interests of LUNETTE or the users of its Website, and more generally,
any breach of these terms and conditions.

In the event of a breach of any of the provisions of this paragraph or, more generally, of any laws and regulations, LUNETTE reserves the right to take all appropriate measures and to initiate any legal action.

14. Advertising

LUNETTE reserves the right to include on any page of the Website any advertising or promotional material in a form and on terms to be determined by LUNETTE. More generally, the consumer declares that he/she is aware that LUNETTE may publish any advertising and promotional content on the Website.

15. Written communications

Current legislation requires certain information or communications to be sent in writing. By using this Site, the consumer accepts that these communications will be made mainly by electronic means.

For contractual reasons, the consumer accepts this electronic means of communication and acknowledges that all contracts, notices, information and other communications that the Company provides to the consumer by electronic means comply with the legal requirements that such communications be in writing.

16. Modifications to the Terms and Conditions

The Company reserves the right to modify its Terms and Conditions at any time.

In the event of any changes, including price changes, the Subscriber will be notified by email to the address provided at the time of registration, 15 days before the new General Terms and Conditions come into force. If the Subscriber does not agree to these new Terms and Conditions, they will then have the option of terminating their Subscription under the conditions set out in article 8.

Termination of the Subscription by the Subscriber will be effective from the end of the current period and will not give rise to a refund for the current month, without prejudice to the application of their legal right of withdrawal as set out in Article 9.

These modifications are enforceable from the moment they are put online.

17. Applicable law and jurisdiction

These General Terms and Conditions are governed by the laws of the Netherlands. With regard to disputes between the Company and the Subscriber concerning the Subscription, the Subscriber is invited to attempt to resolve the dispute amicably before bringing the matter before the courts, by contacting the Company's Customer Service Department as soon as possible at the following e-mail address: support@lunette.club or by post at the following postal address: Third Screen B.V., De entree 232, 1101 EE Amsterdam, The Netherlands.

The competent court in the event of a dispute is the Netherlands.

The Subscriber is informed that seeking an amicable solution does not interrupt the time limits for taking legal action.

Every decision about online dispute need to be agreed by both parties even in the case of the appointment of arbitrators, and also the appointment of which court to use in the event of a dispute.

The referral to the mediator must be made within the year following the consumer's last approach to LUNETTE and can only take place after the consumer has made prior written representations to LUNETTE.

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