Terms
Please read these Terms and Conditions carefully before using this website and purchasing products (the “service”) from Luna Delgado Botanicals, which is operated by Luna Delgado Botanicals, LLC (“LDB”). Using this website and/or ordering products through this website means that you agree with the Terms & Conditions contained herein. If you do not agree with the Terms & Conditions contained herein, do not use this website or order products through it.
Conditions of Use
LDB will provide access and use of the Website, subject to these Terms and Conditions and all applicable laws, statutes, and regulations. LDB may revise these Terms and Conditions from time to time without further notice by updating this posting, so it is recommended that you occasionally review these Terms & Conditions when you access and use this website. Every time you visit this website, use its services or make a purchase, you accept the then-applicable conditions.
Privacy Policy
Before you continue using this website, LDB advises you to read LDB’s privacy policy, which can be found here, regarding our user data collection and any use of your information. As is true with these Terms & Conditions, please review the Privacy Policy regularly, as it may be changed without further notice. Any information that you submit through the Website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). Your continued use of this website, which includes your entry of your data into the website, purchases made through the website and any Comment or Return information, shall be deemed acceptance of the then-applicable Privacy Policy. For more detailed information regarding LDB’s data collection methods and practices and your rights, please refer to our privacy and cookie policies. If you have any questions about the Privacy Policy, the practices of our Website, or your dealings with our Website, please contact us with your specific questions and/or requests via (a) the form provided by this website, (b) letter addressed to Luna Delgado Botanicals, LLC, ATTN: Customer Care, 14412 Deedle Creek Drive, Montpelier, VA 23192.
General Information
This website has been prepared, developed and designed to provide you (a) general information about Luna Delgado Botanicals’ Skincare, Wellness and Aromatic Therapy products, (b) general business information regarding Luna Delgado Botanicals and (c) the opportunity to purchase Luna Delgado Botanicals products. The Luna Delgado Botanicals brand and the operation of this website are owned, governed and managed by LDB. The information provided through this website is not intended to provide medical advice, nor should it be construed to be advice given or sanctioned by any medical professional.
You should not construe any information on this website as Luna Delgado Botanicals’ warranty or guarantee of any strategy, recommendation, treatment, action or application of any product. You are hereby made aware that no regulatory agency has deemed the products described herein to be effective or intended to diagnose, treat, cure or prevent any disease.
User Account
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password. We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.
Intellectual Property
LDB owns or licenses the copyrights to all content on the Website and all of the trademarks, service marks, trade names, service names, trade dress and products on the Website (“Content”). Any and all content published on this website is the property of LDB and/or its content creators and is protected by United States and/or international copyright and trademark laws. The entire compilation of the content found on this website is the exclusive property of LDB, with copyright authorship for this compilation by LDB. By entering testimonials, product comments, know-how, research, ideas, slogans and/or any other non-personal, non-confidential, and non-proprietary information into this website, you hereby grant LDB an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that LDB is free to use them for any purpose.
Except for accessing the Website in accordance with these Terms and Conditions for personal and internal purposes, you may not use, modify, copy, reproduce, republish, upload, post, transmit, decompile, reverse engineer, disassemble, distribute or otherwise exploit any of the Content, in whole or in part, without the express written permission of LDB or, in the case of content licensed by LDB from third parties, the entity that is credited as the copyright holder of such licensed content. Nothing on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content without the express written permission of LDB. Any and all rights not expressly granted herein are reserved by LDB. Request for permission to reproduce any information contained on the Website should be addressed to LDB at the address listed on our website. It is the policy of LDB to enforce its intellectual property rights to the fullest extent permitted under law.
You shall not directly or indirectly export, re-export, or knowingly permit the export or re-export, of the website or any Content to any country or otherwise use the website or any Content in violation of any applicable export or other laws and regulations of the United States or any other country.
Communications
Every time you utilize the website to send us an email, post a comment, submit a question or complaint or simply visit our website, you agree that you are communicating with LDB. You hereby consent to receive communications from LDB pursuant to your communication subscriptions. If you subscribe to sales information and promotions and/or product information on our website, you are going to receive periodic communications from LDB. Unless you unsubscribe to the various communications for which you register, LDB will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
Representations and Agreements by You
You represent and agree that you shall not use the website or the Content to: (i) restrict or inhibit others from using and enjoying the Website; (ii) gain unauthorized access to other accounts on the Website, or other computer systems or networks; (iii) store, collect or disclose any information except as strictly necessary to use the Website; or (iv) impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact.
You further represent and agree that you shall not use the website or the Content to transmit or upload: (i) unauthorized advertising, promotional materials, junk mail, “spam,” chain letters or any other form of unauthorized solicitation; (ii) any material that violates or infringes the rights of third parties or is deemed threatening; abusive; harmful; harassing; defamatory; tortious; hateful; racially, ethnically or otherwise objectionable; obscene; sexually explicit; or indecent by LDB; (iii) any viruses, programs or components designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (iv) any material that is unlawful to possess, post or distribute, information includes, but is not limited to that which violates (a) the laws of the United States or any state therein, or (b) any court order granted by a court of valid jurisdiction of the United States or any state therein. Without limiting the foregoing, you agree to comply with all applicable laws, rules and regulations that apply to your use of the website.
You further represent and agree that you shall be responsible for ensuring that your use of the Website and Content does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, U.S. law regarding the transmission of technical data. LDB shall have the right, but not the obligation, to monitor or review your conduct on the Website.
You agree to provide accurate and complete information about yourself as requested in any order or account registration form. If LDB suspects that your account registration form data is willfully and/or intentionally inaccurate or incomplete, LDB may suspend or terminate your account. The Website may only be used by individuals who can form legally binding contracts under the law of your home jurisdiction and the jurisdiction of Applicable Law (set forth below). Minors (those under 18 years of age) shall not be allowed to use the website or enter into any contract to purchase items through this website. If you are a under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms and Conditions.
Contents Identified in Shopping Cart
When you select an item for your shopping cart, the then-current price shall be displayed for that item. In the event you do not purchase that item and the price subsequently changes, your item shall display the then-current price as shown on the Product Detail page for said item. Placing the item in the Shopping Cart without purchasing the item does not reserve the price for a subsequent time/date, nor is the display of the price at the time that the item was placed in the Shopping Cart a promise that the price will remain at that level until you elect to purchase said item. Your price for any item purchased through the website is confirmed only at the time the item is purchased.
Occasionally, despite LDB’s best efforts, an item or items displayed for sale on the website may be mispriced, misdescribed or improperly displayed. Such errors or inaccuracies may be related to one or multiple factors, including, but not limited to product descriptions, pricing and availability. In the event of a pricing error, LDB reserves the right to ship the item purchased at the correct rate, which may be higher or lower than shown on the website. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedure, set forth below. Discounts are subject to the terms of the individual discount offer, which may include the duration of the discount, the amount of the discount and the ability or inability to combine with other valid offers.
Returns
If you wish to return a purchase, you are required to contact LDB through the website to initiate the return. Once initiated, LDB will email you a mailing label and a Return Form. You must complete the Return Form and include it in the returned package back to LDB. All returns must be received by LDB within 2 weeks of the return label being emailed. LDB monitors return and refund activity and reserves the right to limit or refuse a return and/or charge a return processing fee if we find that our policies have been abused. LDB is not responsible for returns lost in transit or those that have not been communicated to LDB. Return labels will be sent to the email address attached to your original order unless otherwise specified. Returns can only be processed if the Return/Exchange form is included and the desired action is specified. It is your responsibility to safely pack the products and include the return form. We are not responsible for incomplete returns or returns damaged in transit. Affix the prepaid return label to the box and ship it back to us by bringing the return to the carrier on the return label.
Shipping
Upon receipt of your purchase through the website, you shall receive an email with the details of your order, including the cost, description of the product(s) purchased and any tracking numbers. Once your purchase has been turned over to the third-party carrier, LDB does not maintain any information about the status of the package. Any and all information regarding the location of the package or the delivery status of the package must be obtained through the third-party carrier. LDB does not guarantee any delivery made through a third-party carrier and does not warranty any of the information provided to you via the third-party carrier. In the event that a package is damaged in transit or is lost or misdelivered by the third-party carrier, it is incumbent on you to make a claim or an inquiry with the third-party carrier for your package.
Warranties & Disclaimers
This website and all content, functions, materials and information made available on or accessed through this website are provided “as is,” without any warranty of any kind, express or implied. Furthermore, LDB hereby disclaims any and all warranties, whether express, implied or statutory, including, but not limited to, without limitation, any warranties of title, merchantability and/or fitness for a particular purpose. Without limiting any of the foregoing, LDB makes no warranties or representations as to the accuracy or completeness of this website, the content, or any other materials, information or functions made accessible by or accessed through this website. LDB may change the website at any time, including without limitation to the products and prices described in the site, but does not assume any responsibility to update it.
To the fullest extent permissible by law, LDB shall not be responsible or liable to you or any third parties under any circumstances for any lost profits, indirect, consequential, special, punitive or exemplary damages or losses, arising out of your access, use or inability to access or use this website or any content, including but not limited to interruptions or delays in transmission, regardless of the type of claim or the nature of the cause of action, even if LDB has been advised of the possibility of damage or loss. If you are dissatisfied with the website, do not agree with any part of this agreement, or have any other dispute or claim with or against LDB related to the website or any content, your sole and exclusive remedy is to discontinue use of the website. The foregoing limitations shall apply in all circumstances. You acknowledge and agree that in the absence of this limitation of liability these terms of use would be materially different or you would not be granted access to the website.
Indemnification
You shall indemnify, defend and hold harmless LDB, its officers, directors, members, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys’ fees, accounting fees, and expert witness fees arising out of or related to your use of the Website or the Content and any breach or non-compliance by you of these Terms and Conditions. LDB shall have the right, at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of LDB.
Applicable Law
By visiting this website, you agree that the laws of the Commonwealth of Virginia, without regard to conflict of laws principles, will govern these Terms and Conditions, or any dispute of any sort that might come between LDB and you, or its business partners and associates. LDB reserves the right to seek all remedies available at law or equity for violations of these Terms and Conditions, including LDB’s right to block your access to the website.
Disputes
Any claims or disputes related in any way to your visit to this website or to the products you purchase from LDB are to be settled by binding arbitration through the American Arbitration Association (AAA). The parties expressly agree to abide by the AAA rules as promulgated on their website at the time of the submission of the claim or dispute to AAA. In the event that a party fails to pay the award granted at binding arbitration, the award may be converted to judgment in a Court of competent jurisdiction.