Terms & Privacy
Last Updated: December 28, 2024
Important Notice
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
Agreement to Terms
These Terms of Service constitute a legally binding agreement made between you ("you" or "your") and Lunik Bags, a sole proprietorship operating under Argentine regulations ("we," "us," or "our"), concerning your access to and use of our website and the purchase of our products. By accessing our website or placing an order, you affirm that you are of legal age to enter into this agreement and have the legal authority to be bound by these Terms of Service. If you do not agree with all of these terms, you are prohibited from using this website or purchasing our products.
Products and Custom Orders
All our products are handcrafted bicycle bags made to order according to your specifications. By placing an order, you acknowledge that each product is custom-made specifically for you. Due to the custom nature of our products, we do not accept returns or provide refunds if you change your mind about color choices or design specifications after placing your order.
Order Acceptance and Cancellation
All orders must be accepted by us, and we reserve the right not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We may choose not to accept or to cancel orders in situations including, but not limited to, if the product was listed at an incorrect price or with incorrect information.
Prices and Payment
All prices are listed in Argentine Pesos (ARS) unless otherwise specified. We accept payments through MercadoPago, which handles all payment processing and collection of personal information related to payments. We reserve the right to change our prices at any time without prior notice. However, the price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling, which will be added to your merchandise total and itemized during checkout.
Warranty and Disclaimers
We provide a 10-year warranty that covers manufacturing defects and material failures. This warranty does not cover normal wear and tear, damage from misuse, or aesthetic changes such as color fading from sun exposure. Any modifications to the product not performed by Lunik Bags will void the warranty. For warranty claims or repairs, please contact us directly.
EXCEPT AS EXPRESSLY STATED IN OUR WARRANTY POLICY, ALL PRODUCTS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Shipping and Delivery
We primarily ship within Argentina but can arrange international shipping upon request. For international orders, please contact us before placing your order, as shipping costs may be substantial. Title and risk of loss pass to you upon our transfer of the products to the carrier. Delivery times are estimates only and may vary depending on your location and our current production schedule. We are not responsible for delays caused by customs or other factors outside our control.
Privacy Policy
We respect your privacy and are committed to protecting your personal information. We do not maintain user accounts or store payment information on our website. All payment processing and related data collection is handled securely by MercadoPago. We collect only the information necessary to fulfill your order, including your shipping address and contact information. We will never share your personal information with third parties except as necessary to complete your order (such as with shipping carriers).
Intellectual Property Rights
The content on this website, including but not limited to text, graphics, logos, images, product designs, and overall website design, is owned by Lunik Bags and protected by intellectual property laws. Unless otherwise indicated, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website are owned or controlled by us or licensed to us. You may not use, reproduce, distribute, or create derivative works based upon our content without our express written permission.
Product Reviews
We may display product reviews and customer testimonials on our website. These reviews are curated by us and represent genuine customer experiences with our products. We reserve the right to edit, publish, or remove any reviews at our sole discretion.
Prohibited Activities
You agree not to engage in any of the following prohibited activities: (1) copying, distributing, or disclosing any part of the website in any medium, including by any automated or non-automated "scraping"; (2) using any automated system, including "robots," "spiders," "offline readers," etc., to access the website; (3) transmitting spam, chain letters, or other unsolicited email; (4) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the website; (5) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LUNIK BAGS OR ITS OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE WEBSITE OR PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE PRODUCT GIVING RISE TO THE CLAIM.
Indemnification
You agree to defend, indemnify, and hold harmless Lunik Bags and its employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (1) your use of and access to the website; (2) your violation of any term of these Terms of Service; or (3) your violation of any third party right, including without limitation any copyright, property, or privacy right.
Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, epidemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Argentina. Any dispute arising from these Terms or your use of the website shall be subject to the exclusive jurisdiction of the courts of Argentina.
Changes to Terms
We reserve the right to modify these Terms at any time without prior notice. Changes will be effective immediately upon posting to the website. Your continued use of the website following the posting of revised Terms means that you accept and agree to the changes.
Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Contact Information
For any questions about these Terms of Service, orders, warranty claims, or any other matter, please contact us at:
Lunik Bags
info@lunik.com.ar
Dr. Nicolas Repetto 1007
Capital Federal, Zip 1405
Argentina