PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (“Agreement”) with respect to our site (LunarBerry Studio). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to LunarBerry Studio, the content, products or services provided by or through LunarBerry Studio, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on LunarBerry Studio, and you should review this Agreement prior to using any contents or services on this site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of LunarBerry Studio, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed or provided through LunarBerry Studio. The posting of information or materials on LunarBerry Studio does not constitute a waiver of any right in such information and materials.
3. Fraud. By becoming a customer, you confirm that the information provided in the forms you may fill is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that LunarBerry Studio reserves the right to refuse to provide any services, when fraudulent activity is suspected.
4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from LunarBerry Studio grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Only exception to this is when a documented (and in some cases confirmed through messages) permission is granted for the item in question (digital or physical).
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on LunarBerry Studio, including this Agreement, without further notice to users of the Site.
6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney fees, related to your violation of this Agreement or use of LunarBerry Studio.
7. Nontransferable. Your right to use LunarBerry Studio is not transferable. Any password, privileges or rights given to you to obtain information, services or documents is not transferable and may only be used by you.
8. Disclaimer. THE INFORMATION FROM OR THROUGH LUNARBERRY STUDIO ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
11. Third-Party Services. We allow access to or, in certain cases, advertise third-party merchant sites (“Merchants”) from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
12. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Every order and information is kept on file/record in some manner. Be assured that no one’s information is going to be used with any third parties or sold for any purposes. Should third parties ever be involved in the sales here, there will be no personal information that will be disclosed to them and only information that which is required for getting the order completed. Accurate and valid information will be required for any services requiring delivery/payment. Failure to provide the proper necessary information can result in an order cancellation or in worse case scenario, report of fraud. Buyers will be contacted if further proof or information is required.
- Links To Other Sites
From time to time we may send out email messages alerting you that products or updates are available, to remind you about providing feedback or for promotional offers. In addition, you will receive communication from us 1) if you contact us for a particular reason, 2) to receive your orders, or 3) we need to contact you for administrative purposes such as winning a contest. Administrative e-mails will not contain promotional materials. If you choose to receive our News Letters, they will contain promotional materials from LunarBerry Studio
- Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site
We may correct or supplement your address information with standardized postal representation in order to ensure that your orders are delivered. We do this since we want to make sure that our members receive the order and to lower costs associated with our programs.
14. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
15. Securities Laws. This site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. LunarBerry Studio and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
16. Links to Other Web Sites. LunarBerry Studio contains links to other websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our site does not imply approval or endorsement of the linked website by us. If you decide to leave our site and access these third-party sites, you do so at your own risk. Otherwise, some sites may be in literal connection or an extension to LunarBerry Studio and therefore will have similar rules and terms as this site, but please still observe for any such TOS (terms of services, etc.) for those sites, as the rules and terms may vary somewhat for it’s use.
17. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
18. Shipping, Returns & Refund Policy. Below are further details on product type and the rules for them. It’s a bit much, but I try to make things very clear as possible. Feel free to contact me for any questions that the FAQ or any of these terms/conditions does not seem to cover or you don’t understand.
*Shipping is currently free for orders $150+ for US residents only, shipping method used will be at my discretion, but if the buyer wishes to specify a shipping method, then the buyer is obligated to pay for that shipping. This promo is subject to change and commissions are excluded from this deal.
*Most physical items will be shipped within 3 business days and digital items will be instant, unless noted otherwise.
*Please note, that shipping and processing may be delayed based on US holidays, business, personal, natural events such as weather hazards, etc. Any potential issues that may arise, buyers will be contacted of any potential issues.
Insurance & Tracking:
Insurance can be added to the order optionally most of the time and it is highly recommended to do so. Once item is shipped, I will not be responsible for any loss or damages to such items along the way to you, caused by the shipping company when packaging wasn’t faulty… like they seriously crushed/jostled it. Also does not include when items are not used correctly or has been damaged by negligence or misuse.
- Most items will usually have some form of tracking included, if available, for the shipping service selected. If you’ve chosen to add insurance, you must report to your post office for any loss and damages caused through shipping. For international orders, it’ll be the same thing, especially if damage was done/cause by being handled at customs.
- Certain products may include insurance in the cost (such as expensive and/or very fragile items, but this can vary at my discretion).
This applies to physical item(s), digital product(s) do not have insurance.
Refunds On Physical Products:
Full refunds can only be provided to the buyer if items have not been shipped or, if already shipped, after item(s) have been returned/shipped back within 3 business days after product(s) has been received by the buyer, shipping cost for the return will covered by the buyer. Items must be in the condition that it is received. Buyers have a choice if they want to receive a refund or store credit towards future purchases.
For reparations or replacements, I will cover shipping cost when returning repaired items or sending replacements to the buyer. For international buyers, the same required time is expected but the time for the items’ return once shipped will be much more lenient since there’s a good bit of distance (thus tracking is essential).
Commissions do not get a full refund. Most items that have been commissioned are only refundable at 40-50% at most of the total cost (for most circumstances). The rest is nonrefundable to cover material(s)/time cost. Please be sure to read the above clause “Refunds On Physical Products” and the clause further below “Refunds On Digital Products” as it still applies to all commission types.
I do offer commissions to be payed in sessions; upfront, modifications (which varies in amount of needed changes) and completion/shipping. This includes digital commissions, as well as physical.
Things to take note, please read:
- When cancelling a commission or when returning a commission. The buyer must give up all rights to the commissioned item/product and also agree to allow for item(s) to be resold, irregardless of original copyrighted designs/concepts. There will also be no free replacement(s)/repair(s) and I am not obligated to credit for the design or concept, as agreed with clause #17 Submissions of the Terms and Conditions.
- Note that if you cancel before completion of a commission and have paid in sessions, you will not be refunded any money that have been paid up to that point, but you will not be charged for further services not rendered, either. Should you have paid for the commission upfront in full, then the 40-50% refund cost will apply (unless you meet the requirements for the 100%, see next clause).
- The only way you get a full 100% refund after cancelling, is if the money was paid upfront, but no work and/or gathering of materials specifically for the commission was done yet, which is usually within the first 12-24 hours (times may vary).
- Should the commission require a rare, expensive or hard to get material, the cost of that material must be paid upfront and is nonrefundable.
Choice of shipping will be discussed either during or after the completed commission, if applicable. Commissioned services/products or made to order products will vary in delivery time depending on time, materials, availability and type of service or product.
Refunds On Digital Products – Digital items will receive no refunds at all once digital item(s) is sent/instant downloaded by the buyer (due to the nature of being unable to determine if buyers will actually delete items once refund is issued, I am not giving out freebies on products meant for sales). Only a store credit, certificate or coupon will be issued for purchasing products of equal value (or used to discount current prices) for other items in the shop. Otherwise, if it’s a matter of something needing a fix up or adjustments (creating a version that is appropriately compatible), buyers will receive an updated/patched version of the product at no extra charge. If file is corrupted, another will be sent to replace it, as well.
The only way a digital product would receive an actual refund is if it has not been emailed/delivered or shipped yet (this is if digital items have been burned or copied to a physical format like a CD or thumb-drive or commissioned projects).
*Credits are only offered under the following conditions: it cannot be fixed or replaced with appropriate versions, accidentally purchased the wrong version/format, or will not function with buyer’s operating system or program.
Be aware that items, digital or physical, that have been purchased with store credit can never receive a refund nor can be compensated with more store credit. I am also not obligated to offer replacements or repairs for them either.
19. Cancellations. This applies purely for cancellations. For order cancellations, you can notify me by email before I have dispatched the goods to you and you will be refunded, if necessary; or where items have already been dispatched to you, by returning items to me, the costs of returning goods to me shall be borne by you. You can return goods you have ordered from me within 3 days from the receiving date of the item for a refund/credit/exchange, if applicable.
LunarBerry Studio reserves the right to cancel any order(s) and provide refunds (where applicable) under the following criteria:
1. Item(s) are out of stock, regardless, if item(s) will be restocked in the future or not. (Only exception is when items will be restocked and buyers wish to have a backorder)
2. Unable to verify necessary buyer information. This especially applies, but not limited, to buyers purchasing certain products, etc. that are not suitable for minors or if fraudulent activity is suspected.
3. Have not received payment for the order(s) within 2 weeks that the order was made (this applies to money orders, commissions or layaway, if offered).
4. Order has been canceled at the customer’s request.
5. Complications within/during the order/processing which may included, but not limited to, natural disasters, unable to obtain proper materials, or anything that may hinder the item being shipped or created for a long period of time.
6. Unable to get in contact with or get a reply from the customer about the order in question for 2 weeks (or more depending on circumstances), should problems or questions arise.