Terms and Services
Terms and Condition La Lune Blanche (White Moon)
Last Updated: 1/1/2020
Please read these Terms and Conditions of Sale (Terms of Sale) carefully prior to making an online purchase from WHITE MOON JEWELLERS/BIJOUTIERS LA LUNE BLANCHE Enterprises LLC (“WHITE MOON JEWELLERS/BIJOUTIERS LA LUNE BLANCHE.” “we,” “us” or “our”) through our website, WWW.LALUNE BLANCHE.CA(the site) By purchasing items through the Site, you agree to be bound by these Terms of Sale and our TERMS & CONDITIONS, which are incorporated by reference, and you agree that you have reached the age of majority in your province/ territory of residence at the time of purchase. If you do not agree to all of the terms and conditions set forth in these Terms of Sale, do not purchase any items through the Site.
We reserve the right to change or modify these Terms of Sale at any time and in our sole discretion. If we make changes to these Terms of Sale, we will post the amended Terms of Sale to the Site and update the “Last Updated” date above. We encourage you to review these Terms of Sale before making any purchase via the Site to ensure that you understand the terms and conditions that apply to your purchase.
- Availability and Pricing
All items offered for sale through the Site are subject to availability, and we reserve the right to impose quantity limits on any order, reject all or any part of an order, and discontinue offering items without prior notice, even if you have already placed an order for a product. All prices are shown in U.S. dollars and applicable Taxes (as defined below) and other charges, if any, are additional. All prices are subject to change without notice.
If an item you are interested in purchasing is not listed on the Site or is listed as "Contact Us" on the Site, it may not be available for ordering from our online inventory, Please contact our customer care team:1-(833)5258632 or email us at: info@laluneblanche.ca
- Taxes
You are responsible for any sales, use, duty, or other governmental taxes or fees (“Taxes”) regarding your purchase of items through the Site. We will collect applicable Taxes if we determine we have a duty to collect such Taxes. We will present an estimate of Taxes to be collected at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment, such as variances between processor programs and changes in rates of Taxes.
- Payments
By providing a credit card or other payment methods accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable Taxes and other charges). In the condition the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to advance your order. If you would like to change or update payment information associated with your account on the Site, you can do so at any time by logging into your account and editing your payment information. If any of the items in your order are unavailable, we will charge only the prices, Taxes and other applicable charges associated with the items that are included in the shipment.
- Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time; however, we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. All available items Will be delivered within a maximum of four(4) Weeks, subject to restriction under Section 1.
Unless we state otherwise, the risk of loss or damage to an item passes to you upon delivery of the item to your specified delivery location.
If you have any questions regarding shipping, please contact us by filling out the form on our EMAIL US page.
- Returns, Exchanges and Refunds
We want you to be completely happy with the items you order from us. If for any reason you are not satisfied with an item you purchase via the Site, you may return such item (accompanied by your sales receipt) within 14 days of the date on which the item was delivered to you and elect to: (i) exchange the item for another one available for purchase through the Site or (ii) receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site. If you return an item to us after such 14-day return period, but between 15 and 30 days of the date on which the item was delivered to you, you may still return the item and choose either to exchange the item for another item available for purchase through the Site or to receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site.
To return an item you purchased through the Site, please complete the return section of the original packing slip enclosed with your order and indicate the reason(s) for the return and whether you wish to exchange the item or to receive or merchandise credit in the amount you paid for the item in line with these Terms of Sale. You must attach the completed return section of the original packing slip in the package you send to us with the item you are returning. You may ship your return to us using the complimentary return shipping label provided with your order, which will ensure that your return is mailed to the proper return address. If you decline to use the complimentary return shipping label provided with your order, please ship your return, prepaid and insured, to us at: LLB, Suite 343 6-14845 Yonge street, Aurora, ON Postal Code (L4G6H8). Please allow 2-3 weeks for the processing of your return.
All items returned to us must be unaltered, unworn and in saleable condition. Moreover, all returned items must include the original packaging in good condition and all associated tags. Please note that used items are not eligible for return unless such items are defective. Some exclusions may apply.
- Price
If the price of an item you purchase through the Site is reduced due to such item becoming a permanent sale item within 10 days of the date on which you purchased the item, you may contact us to receive a one-time (single order) refund or price adjustment for the item purchased. Such refund or price adjustment applies only to the items that become permanent sale items and excludes temporary special promotion items. For queries about price adjustments or to submit a request for a price adjustment, please contact us at 1-(833)525-8632.
- Errors
We attempt to be as accurate as possible and to eliminate errors on the Site; however, we do not represent or warrant that the descriptions, pricing or other information on the Site is accurate, complete, reliable, current or error-free. In case of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel your order and refund any amount charged. Please note that:
- If the correct price of an item you purchase through the Site is lower than our stated price, we will charge you the lower amount when your order is shipped.
- If the correct price of an item you purchase through the Site is higher than our stated price, we will, at our discretion, contact you for instructions prior to shipping. If we are unable to contact you after 15 days, we will cancel your order and notify you of such cancellation.
- Disclaimers; Limitation of Liability
Your use of items purchased through the Site is at your sole risk. Such items are provided “as is” and “as available” and where permitted by law without warranties or condition of any kind, either express or implied, including, but not limited to, implied warranties or condition of merchantability, fitness for a particular purpose, title, and non-infringement. You understand and agree that, to the fullest extent permitted by applicable law, La Lune Blanche and its officers, directors, agents, partners and employees (individually and collectively, the “la lune blanche Parties”) will not be liable to you under any theory of liability—whether based in contract, tort, negligence or otherwise—for any indirect, consequential, incidental, or special damages or lost profits that may be incurred by you, arising out of or in any way connected to these Terms of Sale or the use of, or inability to use, any items purchased through the Site, including, without limitation, any damages caused by or resulting from reliance by you on any information or items obtained from us, whether or not la lune blanche or another la lune blanche Party has been advised or should have been aware of the possibility of any such losses. You understand and agree that, to the fullest extent permitted by applicable law, the la lune blanche Parties’ total liability in connection with the items purchased through the Site and these Terms of Sale will not exceed the amount you actually paid to la lune blanche for such items purchased.
The limitations set forth in this section will not limit or exclude liability for personal injury or property damage directly and proximately caused by items you purchased from us via the Site or for the gross negligence, fraud or intentional misconduct of any la lune blanche Parties, or for any other matters in which liability cannot be excluded or limited under applicable law.
- Dispute Resolution; Binding Arbitration
WITH THE EXCEPTION OF RESIDENT OF THE PROVINCE OF QUEBEC, INSTEAD OF SUING IN COURT, YOU AGREE THAT ANY DISPUTE RELATING TO THESE TERMS OF SALE, YOUR PURCHASE OF AN ITEM THROUGH THE SITE OR ITEMS PURCHASED FROM US WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN TORONTO, ONTARIO.
ANY ARBITRATION UNDER THESE TERMS OF SALE WILL BE CONDUCTED UNDER THE PREVAILING RULES OF THE CANADIAN ARBITRATION ASSOCIATION. THESE RULES ARE DIFFERENT FROM THOSE FOUND IN A COURT BECAUSE, AMONG OTHER REASONS, THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED.
AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, HOWEVER, AND MUST HONOR THE SAME LIMITATIONS STATED IN THESE TERMS OF SALE AS A COURT WOULD.
THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
ALL ARBITRATIONS SHALL PROCEED ON AN INDIVIDUAL BASIS. THE ARBITRATOR IS EMPOWERED TO RESOLVE THE DISPUTE WITH THE SAME REMEDIES AVAILABLE IN COURT, HOWEVER, ANY RELIEF MUST BE INDIVIDUALIZED TO YOU AND WILL NOT AFFECT ANY OTHER CUSTOMER.
YOU AND LA LUNE BLANCHE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.
- Governing Law
With the exception of residents of the province of Quebec, These Terms of Sale and your purchase of items through the Site will be governed by and construed in accordance with the laws of the State of Ontario, without regard to conflict of law principles. You hereby irrevocably consent to the jurisdiction and venue of the federal and state courts located in TORONTO. ONTARIO. With respect to any dispute related to these Terms of Sale or your purchase of an item through the Site that is not subject to arbitration under these Terms of Sale.
For residents of the Province of Quebec, the Terms of sale and your purchase of items through the Site will be governed by and construed in accordance with the law of the Province of Quebec, without regard to conflict of law principles. You hereby irrevocably consent to the jurisdiction and venue of the federal and provincial courts located in the province of Quebec with respect to any dispute related Terms of Sale or your purchase an item through the site.
- Severability
If any provision or part of a provision of these Terms of Sale is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity and enforceability of any remaining provisions.
- Questions
If you have any questions concerning these Terms of Sale, please contact us by filling out the form on our EMAIL US page, or alternatively contact us 1-(833)5258632 or la lune blanche Enterprises LLC, 14845 Yong street Aurora suite 343 Ontario, L4G6H8.