TABLE OF CONTENTS
- Overview
- Section 1 - Sales Terms
- Section 2 - General Conditions
- Section 3 - Accuracy of Information
- Section 4 - Products and Services
- Section 5 - Accuracy of Billing and Account Information - Payment Terms
- Section 6 - Third-Party Tools and Links
- Section 7 - User-Generated Content and Submissions
- Section 8 - Personal Information
- Section 9 - Errors, Inaccuracies and Omissions
- Section 10 - Prohibited Uses
- Section 11 - Intellectual Property - Photograhy Rights and Usage
- Section 12 - Portrait Photoshoots - Safety and Liability
- Section 13 - Branding and Performance Photoshoots - Insurance and Condition of Items
- Section 14 - Liability for Accidental Damages During Photoshoots and Performances
- Section 15 - Cancellation Policy
- Section 16 - Disclaimer of Warranties; Limitation of Liability
- Section 17 - Electronic Communications
- Section 18 - Indemnifiaction
- Section 19 - Severability
- Section 20 - Termination
- Section 21 - Entire Agreement
- Section 22 - Dispute Resolution
- Section 23 - Governing Law
- Section 24 - Changes to Terms and Conditions
- Section 25 - Use of Products
- Section 26 - Contact Information
OVERVIEW
Lunar Lake operates an online shop for handmade products, photography services, and mermaid activities. The terms "we," "us," and "our" refer to Lunar Lake. By accessing our website, booking photography services, purchasing products, or using any of our services, you engage in our "Service" and agree to be bound by these Terms and Conditions ("Terms"). These Terms apply to all users of the site, including browsers, clients, and customers.
By placing an order or booking a service, you accept these Terms, which govern both the sale of goods and the delivery of services.
Please read these Terms carefully. If you do not agree, you may not access or use our website or services.
SECTION 1 - SALES TERMS
By placing an order on lunarlakeshop.com or booking services, you agree to these Terms. You confirm you are of legal age in your country of residence and have the capacity to enter into a contract.
a. Products and Services: Our offerings include handmade products, photography, and mermaid services. You agree not to use our products or services for illegal purposes or violate any laws, including copyright laws, during your interaction with our websites.
b. Breach of Terms: Any breach of these Terms will result in immediate termination of services, including future orders or bookings.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service or cancel any purchase or booking at our sole discretion.
You agree not to reproduce, duplicate, copy, sell, or exploit any part of our website or related content without our explicit written consent.
Headings in these Terms are for convenience only and do not affect their interpretation.
SECTION 3 - ACCURACY OF INFORMATION
We are not liable for inaccuracies, incompleteness, or outdated information on our websites or related to our services. The material provided is for general information only and should not be relied upon without verifying with more accurate or timely sources. Any reliance on this material is at your own risk. You are responsible for providing and maintaining current, complete, and accurate information for all purchases and bookings and for promptly updating your information as needed to complete transactions and enable us to contact you.
SECTION 4 - PRODUCTS AND SERVICES
All product descriptions and pricing are subject to change without notice. We may modify or discontinue our website or any part of its content and services without prior notice. We are not liable for any changes, price adjustments, or discontinuations.
Certain products or services may be available exclusively online and are subject to our Return Policy.
While we strive to display accurate colors and images, we cannot guarantee color accuracy due to variations in device displays. We do not warrant that the quality of any products, services, or information will meet your expectations, or that any errors will be corrected.
We reserve the right to limit sales, quantities, and discontinue products at any time.
SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We accept various payment methods for orders and bookings placed through our website, including but not limited to credit/debit cards and other electronic payment methods.
All payments are processed securely. We do not store your payment information but use third-party payment processors who adhere to strict security protocols.
If there are any issues with your payment or if your payment method is declined, we will notify you via the contact information provided. You may be required to provide an alternative payment method to complete your transaction.
We reserve the right to refuse or cancel any order or booking at our discretion. We may limit quantities purchased per person, household, or order, and these restrictions may apply to orders or bookings made through the same account, credit card, or billing address. We will attempt to notify you of any changes or cancellations using the contact information provided. We also reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.
Payment Terms
a. Order Payments: All orders must be paid in full upon ordering and before shipping.
b. Service Payments: All services require a non-refundable deposit of 30% of the total price. The remaining balance must be paid within 14 days of receiving the invoice.
c. Late Payment Penalties: In the event of total or partial non-payment by the customer within 14 calendar days after sending the first payment reminder, the outstanding amount will automatically and without further notice be increased by:
- €20 if the amount due is less than or equal to €150;
- €30 plus 10% of the amount due above €150;
- €65 plus 5% of the amount due above €500, with a total limit of €2,000.
d. Interest on Late Payments: If payment is not received within 14 calendar days of the first reminder, interest will be charged at the legal rate for late payments as per Belgian law.
SECTION 6 - THIRD-PARTY TOOLS AND LINKS
We may offer access to third-party tools and materials on our websites. These are provided "as is" and without warranties. We do not control or monitor these tools or materials and are not responsible for their accuracy, content, or use. Any use is at your own risk. Review third-party terms and policies before engaging with them. This also applies to any future tools, services, or third-party links provided through our websites.
Our websites may contain links to third-party websites that are not owned or controlled by us. We are not responsible for the content or practices of any third-party websites. By using these links, you acknowledge that we are not responsible for any damage or loss arising from your use of such third-party sites.
SECTION 7 - USER-GENERATED CONTENT AND SUBMISSIONS
By sending us any ideas, suggestions, or materials related to our products or services (whether solicited or unsolicited), you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, modify, and distribute these submissions in any medium. We are not required to keep submissions confidential, compensate you, or respond.
We reserve the right to monitor and address potentially harmful or inappropriate content, including removal of such content if necessary. You are responsible for ensuring that your submissions do not infringe on third-party rights or contain harmful material. We disclaim any liability for content posted by you or others and will take necessary actions to maintain a safe and respectful environment on our platforms.
SECTION 8 - PERSONAL INFORMATION
Your submission of personal information through our websites is governed by our Privacy Policy.
SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
Our websites and email communications may contain typographical errors or inaccuracies regarding product descriptions, pricing, promotions, or availability. We reserve the right to correct these errors, update information, or cancel orders or bookings without prior notice.
We have no obligation to update or amend information on our websites or in our emails, except as required by law. Dates of updates or refreshes do not guarantee that all information is current.
SECTION 10 - PROHIBITED USES
In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using our website, or engaging with our photography or mermaid services, in the following ways:
(a) For any unlawful purpose;
(b) To solicit others to perform or participate in any unlawful acts;
(c) To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) To submit false or misleading information;
(g) To upload or transmit viruses or any other type of malicious code that could affect the functionality or operation of our website, our services, or any related websites;
(h) To collect or track the personal information of others;
(i) To spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) For any obscene or immoral purpose;
(k) To interfere with or circumvent the security features of our website, our services, or any related websites or the Internet.
We reserve the right to terminate your use of our website, photography services, or mermaid services for violating any of these prohibited uses.
SECTION 11 - INTELLECTUAL PROPERTY
All content on our websites and related to our photography and mermaid services—including text, graphics, logos, images, and audio—is owned by Lunar Lake or its suppliers and protected by international copyright laws. The overall compilation of content is also owned by Lunar Lake and protected by copyright.
Photography Rights and Usage
a. Ownership of Images: All photographs and images created by Lunar Lake or displayed on our websites are the sole property of Lunar Lake and are protected by copyright laws.
b. Commercial Use: Commercial use of photographs, including reproduction or distribution, requires explicit written permission from Lunar Lake. Unauthorized commercial use is strictly prohibited.
c. Personal Use: For personal use, you may use images as you wish. However, public sharing or display must include proper attribution to Lunar Lake. Any use beyond personal purposes, including promotional or commercial contexts, requires written consent from Lunar Lake.
d. Modification and Editing: You may not alter, modify, or edit any photographs without written consent from Lunar Lake, including changes to content, color, or composition.
e. Protection of Rights: You agree not to copy, reproduce, or distribute photographs in a way that infringes on Lunar Lake’s copyright. For any other uses, contact us for permission.
f. Violation of Terms: Any breach may lead to legal action to enforce Lunar Lake’s rights and seek remedies for damages from unauthorized use or infringement.
SECTION 12 - PORTRAIT PHOTOSHOOTS
Safety During Photoshoots:
a. Model’s Responsibility: Models are responsible for their own safety during photoshoots. This includes ensuring that their cosplay, outfit, costume, wig, makeup, hair, and any other elements are in proper condition to avoid potential hazards. The photographer (Lunar Lake) is not liable for any accidents or injuries resulting from the model’s outfit or preparation.
b. Preparation and Condition: Models should ensure that their attire and appearance are prepared and in good condition before the photoshoot. This includes ensuring costumes are clean and well-maintained, makeup and hair are properly applied, and any necessary adjustments are made beforehand. The photographer is not responsible for extensive Photoshop work to correct issues that could have been addressed before the shoot.
c. Safety Measures: The photographer will take reasonable steps to ensure a safe environment for the photoshoot. However, models must also inform the photographer of any personal limitations or concerns related to their safety during the shoot.
Liability:
a. Accident and Injury: The photographer is not liable for any accidents or injuries that occur during the photoshoot, unless caused by negligence or unsafe practices on the part of the photographer.
b. Health and Safety Compliance: Models must comply with any relevant health and safety guidelines related to the photoshoot activities or locations.
SECTION 13 - BRANDING AND PERFORMANCE PHOTOSHOOTS
Insurance Coverage:
a. Photographer’s Insurance: Lunar Lake maintains liability insurance for general protection during photoshoots. This insurance covers basic risks but does not extend to all potential scenarios.
b. Client’s Insurance: For branding or performance photoshoots contracted by a brand or business, the client is responsible for obtaining adequate insurance coverage, including for specific risks related to the event or shoot. Clients must provide proof of insurance upon request.
c. Insurance Requests: The photographer reserves the right to request proof of the client’s insurance coverage before the commencement of the photoshoot. If adequate insurance is not provided, the photographer may refuse to perform the services.
Condition of Items for Branding Photoshoots:
a. Preparation and Condition: The client (brand or business) is responsible for ensuring that all items to be photographed are in good condition, clean, and properly prepared before the photoshoot. This includes checking that products, props, and materials are ready and meet necessary standards.
b. Additional Charges: If items require significant Photoshop work due to inadequate preparation, additional charges will apply. The photographer will provide an estimate for any additional editing work required, which will be billed to the client.
c. Responsibility for Condition: The photographer is not liable for issues related to items not properly prepared by the client. The client must address any issues with items before the photoshoot to avoid additional charges or delays.
SECTION 14 - LIABILITY FOR ACCIDENTAL DAMAGES DURING PHOTOSHOOTS AND PERFORMANCES
Liability Exclusion:
a. General Liability: Lunar Lake shall not be held liable for any accidental damages to property or items during a photoshoot or mermaid performance, including damage to products, props, equipment, costumes, or any other materials provided by the client or third parties.
b. Client Responsibility: The client (brand or business) acknowledges that it is their responsibility to ensure that all items and property are adequately protected and in good condition before and during the photoshoot or performance. The client assumes all risk for accidental damages that may occur.
Mermaid Performances Specifics:
a. Performance Duration: The maximum duration for performances in a single day is two hours, divided into blocks of up to 30 minutes each, with a mandatory break of one hour between each performance. If the performer is booked for two or more consecutive days by the same company or different companies, the performer will limit the schedule to 2 performances of 30 minutes each per day, rather than the standard 4 performances.
b. Flexibility: The performer reserves the right to adjust the performance schedule based on the event requirements or personal schedule.
c. Safety Diver Requirement: For underwater performances, a certified safety diver must be present at all times to ensure the performer’s safety. The client is responsible for arranging and covering the costs of the safety diver.
d. Liability During Performance: Lunar Lake is not liable for any accidents or damages occurring during the mermaid performance, including injuries or damages to the performer or surrounding property, except in cases where such accidents or damages are due to the performer's own dangerous actions or negligence. The performer is responsible for ensuring their safety and the safety of others during the performance.
e. Client Safety Measures: The client is responsible for ensuring that the performance environment is safe and suitable for the mermaid performance. Any safety risks should be addressed prior to the performance.
Equipment and Property Damage:
a. Damage by Client: Any damages caused by the client or their associates to Lunar Lake’s equipment, props, costumes, or any other property during a photoshoot or performance will be charged to the client. The client agrees to cover the costs of repair or replacement.
b. Reporting Damages: In the event of damage, the client must report the incident immediately. The cost of repair or replacement will be billed to the client, and payment is due within 14 days of the invoice date.
Insurance Coverage:
a. Client’s Insurance Responsibility: It is the client’s responsibility to have appropriate insurance coverage for their property and any associated risks during the photoshoot or performance. The photographer's or performer's liability insurance does not cover accidental damages to client’s property or injuries sustained during the performance. The client acknowledges that any such damages or injuries are not covered by the insurance provided by the photographer or performer and agree to hold the photographer or performer harmless for any such occurrences.
b. Reporting and Charges: All damages caused by the client will be assessed and charged accordingly. The client will be invoiced for repair or replacement costs, and payment must be made promptly.
SECTION 15 - CANCELLATION POLICY
Clients may cancel a photography or performance service up to 48 hours before the scheduled time without forfeiting their deposit, provided that the service is rescheduled. If the service is canceled or rescheduled less than 48 hours before the scheduled time, the deposit will be forfeited, and a new deposit will be required to rebook the service.
Failure to communicate with us regarding the cancellation or rescheduling, or failure to complete payment, will result in the termination of services. All deposits are non-refundable.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that our websites or services (including photography and mermaid services) will be uninterrupted, timely, secure, or error-free. Results from using our services may not be accurate or reliable.
We may remove or cancel our websites or services without notice at any time. Your use of our websites and services is at your own risk. They are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.
Lunar Lake and its affiliates are not liable for any damages arising from your use of our websites or services, including direct, indirect, incidental, punitive, or consequential damages. This includes, but is not limited to, lost profits, data loss, or any errors or omissions.
Our liability is limited to the maximum extent allowed by Belgian law.
SECTION 17 - ELECTRONIC COMMUNICATIONS
By using our services, you consent to receive electronic communications from us as necessary for processing your orders or bookings, including but not limited to order confirmations, booking details, and related updates. We do not intend to send promotional emails or notifications.
If you wish to opt out of receiving non-essential communications, you may do so by contacting us directly.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Lunar Lake, including its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:
a. Your Breach of Terms: Any breach of these Terms of Service by you, including but not limited to violations of our policies or failure to comply with any laws or regulations applicable to your use of our services.
b. Use of Our Services: Your use of our websites, photography services, or mermaid services, including any content you submit or actions you take that lead to claims or disputes.
c. Violation of Rights: Any infringement of intellectual property rights, privacy rights, or other third-party rights resulting from your use of our services or content.
d. Unlawful Conduct: Any illegal or unlawful conduct on your part in connection with your use of our services.
We will notify you of any claim or legal action related to the above, and you will have the right to assume the defense of such claim or action, provided that we may participate in such defense at our own expense. You agree not to settle any claim or action without our prior written consent.
This indemnification obligation will survive the termination or expiration of these Terms of Service.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. This determination shall not affect the validity and enforceability of any other remaining provisions.
This applies to all services and content provided through our websites photography services, and mermaid services.
SECTION 20 - TERMINATION
If you fail to meet your obligations, we may stop delivering services and consider the agreement terminated. Obligations and liabilities incurred before termination will survive the end of these Terms.
These Terms remain effective until terminated by either party. You may terminate them by notifying us or by ceasing to use our services and platforms.
We may terminate this agreement without notice if you breach any term or provision, or if we suspect a breach. You will remain liable for amounts due up to the termination date and may lose access to our services.
SECTION 21 - ENTIRE AGREEMENT
Failing to enforce any right or provision of these Terms does not waive that right or provision.
These Terms, along with any posted policies or rules, constitute the entire agreement between you and us. They govern your use of our services and replace any prior agreements or communications, whether written or oral.
Any ambiguities in interpreting these Terms will not be construed against the drafting party.
SECTION 22 - DISPUTE RESOLUTION
Complaints must be emailed within 8 days of the invoice date.
For disputes related to these Terms, including purchases or bookings, you agree to first resolve the issue informally by contacting us at info.lunarlake@gmail.com.
If unresolved within 30 days, disputes will be settled by binding arbitration under CEPANI rules in Belgium, in English or Dutch.
SECTION 23 - GOVERNING LAW
These Terms of Service, along with any separate agreements under which we provide you with products or services via our websites, photography services, mermaid services shall be governed by and construed in accordance with the laws of Belgium. In the event of a dispute only the authorized courts of the jurisdiction shall have the jurisdiction.
SECTION 24 - CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service. It is your responsibility to periodically check our websites, or any relevant communications for changes. Your continued use of or access to our websites, or our services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - USE OF PRODUCTS
The use of information on this website is at own risk.
a. Minerals: Minerals can work supportive but are in no way, shape or form a substitute for medications. Always consult a doctor if you experience any symptoms.
b. Candles: Never let lit candles unsupervised. Lunar Lake is not liable or responsible for any damage of personal objects that come in contact with the candles.
c. Incense: Never let lit incense unsupervised. Only use in a well ventilated room. Lunar Lake is not liable or responsible for any damage of personal objects that come in contact with the incense.
SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info.lunarlake@gmail.com.