Revised 7 April 2020

Ailuna Terms and Conditions

Your continued use of Ailuna constitutes your acceptance of these Ailuna Terms and Conditions.

Introduction

The Ailuna mobile app(s) and website(s) are owned and operated by Chillisalsa Limited, 25 Pound Lane, Sonning RG4 6XD, United Kingdom, a company registered in England under registration no. 09312284 (“Ailuna”, “we” or “us”).

These terms and conditions (“Terms”) set out your rights and obligations, in relation to use of the services offered by us (“Ailuna”).

You may access Ailuna through our mobile app and websites at www.ailuna.com as well as other global and local domains such as .co.uk, .net or any other mobile apps and websites specified by us from time to time (the “Apps and Websites”).

“You”, “your” or “User” means you as a registered user of Ailuna.

You must be at least 13 years of age to use Ailuna. You must not use Ailuna if you are under 13 years of age without the supervision and permission of a parent, guardian or teacher. Parents and guardians will be held strictly responsible for any use of Ailuna by a minor who is their responsibility.

Your access to and use of the Apps and Websites (regardless of whether you become a User or not) indicates your agreement to be legally bound by these Terms. If you do not wish to be legally bound by these Terms you must not use or access the Apps and Websites. We reserve the right to change these Terms in our sole discretion from time to time by posting the amended Terms on the homepages of the Apps and Websites. Your continued use of Ailuna indicates your acceptance of those changes. If you do not wish to be legally bound by any future amended Terms then do not continue to use or access Ailuna. When you register to any part of Ailuna, your application constitutes an offer to use Ailuna on these Terms. We may in our sole and absolute discretion refuse your registration for any reason without any liability to you.

Ailuna

We provide Ailuna as a social media platform where Users can sign up for programs designed to help them adopt and maintain a more sustainable lifestyle, create, upload and share content with other Users, communicate with other Users in the Ailuna community, read news information, tips & tricks, keep a profile of their sustainability choices, get access to sustainable shops, groups and events, as well as shop for sustainable products and services.

Whether you are a User or a non-User of Ailuna, you acknowledge that we are not and cannot be responsible for the material provided by Users whether on Ailuna or outside of it. In particular, you should be aware that Ailuna does not generally pre-screen or monitor the material contributed by Users or ensure that it is genuine. Ailuna is not an internet service provider (ISP). In order to use Ailuna, you must have internet access and all the software and skills required for email and internet usage.

Privacy

Please read our Privacy Policy (which you can find by clicking here [insert link to Privacy Policy]) which contains important information about the use of your Personal Data and other information regarding your privacy. By accepting these Terms and registering as a User of Ailuna, you give your consent for your Personal Data to be stored and processed in accordance with our Privacy Policy. We advise that you never reveal via Ailuna any personal information about yourself or anyone else (for example: telephone numbers, home addresses or email addresses) which you do not want to be visible to third parties. You are entirely responsible for maintaining the confidentiality of your details when using Ailuna. We may send you emails relating to your use of Ailuna from time to time for further details see our Privacy Policy.

Registration

Your registration for Ailuna is personal to you. You may not sell, transfer or grant your registration or membership in part or in whole to any other person or organization. In order to use Ailuna you must register your details with us. By registering with us you agree to provide complete, accurate and current Personal Data about yourself including your correct name and email address (which must be under your control), and any other requested details. You may access and amend your Personal Data details at any time by logging onto Ailuna and navigating to the “My Ailuna” page. If you change your email address or any of your personal details, then you must inform us of the new email address or of changes to your personal details through the “My Ailuna” page. It is your sole responsibility to maintain the confidentiality of your password and that you are responsible for all activity that occurs under your e-mail address and password. We will not be liable where your password is used by someone else. You should notify us immediately of any unauthorised use of your password and any breach of security as soon as you become aware of it. For security or other reasons, we may require you to change your password or other information which facilitates access to Ailuna.

It is your responsibility to ensure that your Personal Data is up to date. We will rely on the information you provide to us. When registering, you understand and agree that you will not:

  1. select or use a name of another person with the intent to impersonate that person
  2. use the rights of any person other than yourself without authorisation; or

Restrictions on your use of Ailuna

The contents of Ailuna, webpages, computer codes of elements comprising Ailuna and any software provided to you by us may not be copied, reproduced, communicated and/or made available to the public, republished, downloaded, posted, recorded, broadcast or transmitted or used in any other way except for your own personal, private and non-commercial use, or unless otherwise expressly permitted by us.

You agree that you will not use Ailuna in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person.

You will not do anything that may cause damage to Ailuna or our servers, systems or equipment or those of third parties, nor access or attempt to access any Users’ data or to penetrate or attempt to penetrate Ailuna security measures.

You shall not publicise, post or advertise your contact details (including your email or postal address, phone number, mobile app and website address or any other contact details) to any other User of Ailuna except by making contact with them through Ailuna’s User to User direct messaging functionality.

You agree to compensate us in respect of any damages suffered by us or any of our losses resulting from any claim made by a third party in each case in respect of any matter arising from your use of Ailuna in breach of these Terms or from your violation of any applicable law or regulation.

You agree not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make, unless otherwise expressly permitted by us.

We reserve the right to suspend, restrict or terminate your access to any part of, or all of Ailuna at any time at our sole discretion.

We may also ban or suspend you as a User of Ailuna if you do not comply with these Terms. Any person whose access has been suspended or terminated may not re-register for, or re-access, Ailuna without our prior consent.

Further information about Ailuna

We make no promises and offer no guarantees as to the truth or accuracy of any material available on Ailuna whether it is provided by Ailuna, Users of Ailuna or any other party.

Any content or information available on Ailuna is not intended as advice and should not be relied on by you.

Ailuna posts and other content may contain links to other third party mobile apps and websites and services through advertising or otherwise. These links are provided for your ease of reference and convenience only. We have no control over those third party mobile app and websites or services and are not responsible for their contents. We do not endorse the material contained in their mobile app and websites or services, and have no association with their operators, unless explicitly stated by Ailuna. You agree that we won’t be party to any transaction or contract with a third party that you may enter into and we won’t be liable to you for any loss or damage which you may suffer by using those third party mobile app and websites and services. You agree that you will not involve us in any dispute you may have with such third party mobile app and websites and services.

From time to time we may enter into platform services agreements with third parties. These agreements allow third parties (such as Adobe) to install third party software and to incorporate content, material or applications on Ailuna for use by Users (“Platform Applications”).

You may choose whether or not to use Platform Applications. Prior to using a Platform Application, the third party provider may require you to agree to their own terms and conditions. If you do not wish to be bound by such terms and conditions, do not agree to them and cease your installation or use of the relevant Platform Application. We accept no responsibility for Platform Applications or for any loss or damage that may arise from your use of them. You acknowledge that you install Platform Applications at your own risk. Ailuna shall not be responsible for any loss, damage or harm suffered by you or be a party to any dispute between you and any third party arising out of your use of a third party site or Platform Application or arising out of or in connection with the material included on Ailuna by Users and other third parties.

You must exercise the same degree of caution in appraising what you see on Ailuna as you do offline.

Even though Users are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. You should also note that people may not necessarily be who they say they are.

Your use of Ailuna is entirely at your own risk.

Intellectual Property

All intellectual property rights (including copyright, trademarks, and other intellectual property rights) in the Apps and Websites and all material or content made available by Ailuna excluding any Submissions by Users (in respect of which see below)) shall remain at all times the property of Ailuna or Ailuna’s licensors.

The names, images and logos identifying us, our partners or third parties and our/their products and services contained in Ailuna are proprietary marks and may not be reproduced or otherwise used without express permission.

Nothing contained in these Terms shall be construed as conferring by implication any licence or right to use any trademark, patent, design right or copyright of Ailuna or of any third party.

Your Submissions and Postings

All Submissions uploaded will be stored by us and made searchable for other Users. Submissions returned in search results will be shown as thumbnails with accompanying details.

As part of Ailuna we may offer you the facility to submit a contribution or upload any content to Ailuna , such as any text (including, for instance comments on photos or stories), photographs, scanned documents, certificates, graphics, video or audio (“Submission”).

We shall not be responsible for the content of any Submissions contributed by Users or the behaviour of Users or Users of Ailuna.

Please note that where you make any of your details, information or Submissions available to other Users, they may be able to copy and reproduce such details, information or Submissions against your wishes. Ailuna shall not be liable to you in the event that a User copies or reproduces your details, information or Submissions.

You are solely responsible for creating backup copies and replacing any content or Submissions you post or store on Ailuna or provide to us.

You agree that any Submission you make to Ailuna, is subject to the following additional terms:

You retain all ownership rights in any Submission you may make: You promise that you are the original owner of any Submission you make or you have the necessary licences, rights, consents, and permissions to authorise us to use your Submission. In particular, you promise that you have obtained the permission of all of the living people featured or referred to in the Submission (and if they are under 18 their parents’ or guardians’ permission as well) to the upload of the Submission and to our use of the Submission on Ailuna. You agree to give us evidence of all such licences, rights, consents, and permissions if so requested by us. You acknowledge that the contents of any Submission material other than Personal Data will be considered non-confidential.

We do not claim ownership rights in the content of your Submission or any other item that you or any other User posts on Ailuna.

By making a Submission to Ailuna, you grant us a worldwide, perpetual, non-exclusive, royalty-free and transferable licence (with the right to sub-license) to use, edit, reproduce, record, modify, translate, distribute, play, perform, make available to the other Users of Ailuna, prepare derivative works of and to display your Submission by any medium or method whether now known or later developed to be exercised in our sole discretion throughout the world for the full term of copyright and other rights and all renewable and extension thereof including, for the avoidance of doubt, the right to register any design rights and/or trademarks. You agree to waive your moral rights in your Submission.

You acknowledge and agree that where you make a Submission to a public section of Ailuna or where you have added a Submission it be available for viewing by other Ailuna Users.

You are responsible for the contents of any Submission you may make and the consequences arising from its use on Ailuna. You will not upload to Ailuna any material or content which is in any way defamatory, obscene, unlawful, harmful, offensive or inappropriate or infringes the rights of a third party or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, political or environmental bias, gender, sexual orientation, race, ethnicity, age or disability. You agree not to infringe any laws in order to produce or make a Submission. You agree not to transfer files which contain viruses or other harmful programs. Further, you must not endanger yourself or others, take any unnecessary risks in order to produce or make a Submission.

You also agree not to advertise or promote third parties’ or your own goods or services including by way of the distribution of “spam” email or other types of messages. In particular, you agree not to use Ailuna to provide links to third party mobile app and websites. We do not guarantee or endorse any content posted on Ailuna by Users.

We may accept your Submission, modify your Submission, or refuse to display your Submission at any time in our sole and absolute discretion. We may also withdraw your Submission and/or suspend, restrict and/or terminate Ailuna provided under these Terms immediately without notice to you for any reason, including, without limitation, where we suspect your Submission to be in any way defamatory, obscene, unlawful, harmful, offensive, inappropriate or to infringe the rights of a third party. We have no obligation to modify or remove any inappropriate, offensive or unlawful content.

Please note that we cannot accept any Submission containing any music, save where expressly permitted by us.

Shopping on Ailuna

We are completely dedicated to your satisfaction. All our products come with a 28 day no questions asked guarantee. Whilst shopping on Ailuna, you are agreeing to comply with the following terms and conditions of use, which together with our Privacy Policy [insert link] and Returns Policy (see later in this document) regulate Ailuna’s relationship with you, our apps and websites. When you purchase from Ailuna you enter into a contract and these terms detail our responsibilities to you.

  • Main Terms

      1. The content within Ailuna is for your general information and use. Whilst we always try to ensure the information is correct and kept up-to-date, we make no guarantees of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to Ailuna or the information, products, services, or related graphics provided on Ailuna for any purpose. You place reliance on such information strictly at your own discretion. Content contained within Ailuna is subject to change without notice.

      2. Prices displayed on Ailuna include VAT at the current rate, where appropriate. The standard rate of VAT is currently 20% within the UK & EU. Although we may offer a currency conversion facility, all payments are settled in GBP (British Pound). We reserve the right to amend the price of any item or to withdraw an item from sale at any time, even if an order exists.

      3. Ailuna contains content that either belongs to or is licensed to us. All images and content on Ailuna are subject to copyright and must not be used elsewhere without prior consent. Some images used on Ailuna may show products that we do not sell but are used as props for photography and some images may be used for illustration purposes only.

      4. Ailuna uses cookies for functionality and monitoring purposes. See our Privac Policy [insert link] for full details.

      5. Use of any information, images or material on Ailuna is entirely at your own risk, for which we shall not be liable. It is your own responsibility to ensure that any products, services or information available through Ailuna meet your specific requirements.

      6. Ailuna contains links to third party websites. These links are provided for your convenience to provide further information. At no point do they do not signify that we explicitly endorse Ailuna(s) and we have no responsibility for the content of the linked website(s)

      7. Shopping on Ailuna and any dispute arising out of such use of Ailuna is subject to the laws of England, Northern Ireland, Scotland and Wales.

      8. We make every effort to ensure Ailuna is kept up and running smoothly. However, Ailuna take no responsibility for, and will not be liable for, Ailuna being temporarily unavailable due to technical issues beyond our control. Please be assured that any issues will be investigated and resolved urgently.

  • Making a Purchase & the Contract

      1. Making a purchase is simple. Browse our online shop, add the desired items to your basket, then either review your shopping basket or proceed directly to the checkout. To place an order you are required to complete our simple checkout process; you will be guided through the required stages and asked to input your data to complete the transaction. Please ensure you pay full attention and ensure your details are correct before placing an order. Upon placing your order, we will send you an order acknowledgement email which advises you that we’ve received your order request and will provide you with a reference number.

      2. When your order is ready, we will send you a dispatch confirmation email. It is at this point that we accept your order, you are charged and the contract between Ailuna and yourself is formed. All orders are subject to availability and we reserve the right to cancel an order should there be an issue with stock levels or payment details, or the identification of a pricing or product description error. All purchases take place in a safe environment using the latest SSL (Secure Sockets Layer) encryption technology and our secure server.

      3. We accept most credit/debit card payments and PayPal. If you are shopping from abroad, please note we may charge you in GBP and your card issuer will convert this from their end.

      4. We do not charge for any item until it is ready to dispatch.

      5. At Ailuna we will not sell any age Restricted Items, but you must be 18 years or older to place an order at Ailuna. You will be required to confirm this through the checkout procedure.

    2. Back Orders

      1. If your item is not in stock, it is normally not possible to order it on Ailuna. However, in the event we accept a back order, we will notify you and back order it for you. Please contact us immediately if you do not wish for this to happen. Back ordered items are not charged until they are shipped, and if a back ordered item is part of a larger order that you have already received, no additional postage will be charged.

  • Liability

    1. Ailuna shall not be liable in any way for any loss or damage arising directly or indirectly for the delivery of goods being delayed, prevented or for any other reason beyond our control including the acts of any third parties we use to fulfil an order or service. Furthermore, in no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever whether arising from loss of data, loss of profits or loss of revenue in connection with the use of Ailuna.

  2. Delivery

    1. Ailuna will deliver ordered goods to the delivery address supplied whilst submitting an order. Availability permitting, orders will despatched for delivery within the stated time frame. The despatch of goods constitutes our duty of fulfilling the contract. If you receive delivery notification but no delivery has been made, or are unfortunate to receive a damaged item, please contact our customer service team immediately. This will allow us to assist you immediately and arrange a replacement or refund where applicable. With any delivery we do advise that you check the goods upon arrival before signing for the delivery. We can accept no liability for costs incurred by late deliveries, or for any other reason. If you refuse a delivery for damage or other reasons, please notify our customer service team immediately. For more information and for charges, please see our delivery schedule.

  3. Returns, Refunds & Exchanges

    1. We want you to be happy with everything you buy from us. If you are not completely satisfied with any of the goods you have purchased then please notify us immediately and return them to us within 28 days for a full refund. Full details can be found on our Refunds & Returns Policy below.

  4. Changes to these terms

    1. Ailuna has the discretion to update our terms and conditions at any time. If any changes are made we will revise the updated date at the top of this page. We encourage users to frequently check this page for any changes to stay informed. You acknowledge and agree that it is your responsibility to review our terms and conditions periodically and become aware of modifications.

Refunds & Returns Policy

  1. Goods can be returned back to us for any reason, provided they are returned unused, in pristine original packaging and with a valid receipt. Due to the high incidence of fraud we regret that we are unable to offer any refund without a valid receipt.

  2. Refunds will be processed using the same method of payment used for the original purchase. Credit and debit card refunds must be made to the card used for the original purchase and due to banking restrictions cheque payments can only be refunded at least 14 days after the original purchase date.

  3. Online Returns and Exchanges

    1. All returns and exchanges must take place via post. Ailuna do not operate a storefront and are unable to deal with returns and exchanges in person.

    2. If you find your purchase unsuitable for any reason or the size you have selected does not fit, we will exchange it (subject to stock availability) or refund the cost of the item. To enable us to do this, please complete the returns form specifying clearly if you require a refund or an exchange. It is your responsibility to send this back to us at your cost, and within 28 days of purchase, ensuring that:

      1. The goods are in a new and unused condition, with all original packaging and labelling enclosed
      2. The original purchase receipt or invoice is enclosed
      3. Download our returns form, complete and return your goods to:

        Ailuna Returns
        Chillisalsa Limited
        25 Pound Lane
        Sonning RG4 6XD
        United Kingdom

  4. Faulty Goods Returns or Exchanges

    1. If an item is found to be faulty or damaged, this is our responsibility. Please send it back to us with a copy of the invoice, a completed returns form explaining what is wrong and a receipt of postage costs. If a fault or damage is found we will reimburse you the postage.

    2. In order to comply with Health & Safety regulations any faulty items should be returned for assessment in a clean and dry condition free from any mud and dirt. We regret that we are unable to process items that do not meet these criteria and we will return such items back to you. In some cases the manufacturer/supplier may require to see the item(s) before repair or replacement can take place. If this is the case we will inform you. Proof of purchase is also required with all potential warranty claims.

    3. Download our returns form, complete and return your goods to the same returns address mentioned above

  5. Important advice returning goods by post: We strongly recommend you use a recorded/insured delivery service as we regret that we cannot be held responsible for returned goods lost in transit.

  6. Items which have been used, altered or damaged in any way cannot be refunded or exchanged.

  7. This policy is offered in addition to your statutory rights.

  8. If you have any questions regarding our return and exchange policy, or require any further information please contact us on returns@ailuna.com  or via post and we will be happy to help you with your queries.

Reporting Abuse

If you see anything on Ailuna which appears to breach these Terms, please contact us to inform us of such breach by using the “Report a Page or Post” function, or by clicking here [insert link to Helpshift] or by emailing us at complaints@ailuna.com, as we do not monitor every Submission contributed by Users before it is placed on Ailuna.

Our Liability to You

Ailuna is provided on an ‘as is’ and ‘as available’ basis. We do not guarantee which aspect of Ailuna will be available. We cannot promise that Ailuna will be accurate, free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition.

Ailuna may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of Ailuna is discontinued, modified or changed in any way.

The views expressed in any content or material which is uploaded by you or other Users of Ailuna do not reflect Ailuna’s views. We make no promises and offer no guarantees as to the accuracy of any Submissions.

We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us, our employees or agents.

Nothing in these Terms is intended to restrict your statutory rights as a consumer (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen’s Advice Bureau).

We do not accept any liability for:

(i)               any damage or loss caused to you where you are not entering into these Terms as a consumer or User;

(ii)             any damage to your computer, any software or for any loss of data that results from your use of Ailuna;

(iii)            any failure, any suspension and/or any termination of access to Ailuna or any content or any failure by us to perform any of our obligations under these Terms in connection with or arising out of an event beyond our control.

(iv)            In these Terms, an “event beyond our control” shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents; and/or

(v)             any claims brought against you by a third party except as stated in these Terms.

These Terms shall not make us responsible for any damage or loss (including loss of profits, revenue or business) caused to you where such damage or loss is not reasonably foreseeable to you and us when you use Ailuna, including where the damage or loss results from our breach of these Terms.

Assignment

We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another other legal entity. You agree that we may do so provided that:

(i)                this will not affect the standard of Service you receive under this Agreement; and

(ii)             (ii) in the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these Terms to another legal entity, your only rights under or in connection with these Terms will be against the new legal entity and not against us.

These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.

Third Party Rights

These Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer these Terms.

Severability

If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.

Law

These Terms are available in English only. We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within the United Kingdom. Relevant United Kingdom law will apply.

Keeping this Agreement

We don’t separately file a copy of the Terms entered into by you and us when you register for Ailuna. We recommend that you make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer or mobile device. You can always access a copy of our latest Terms on the Apps and Websites.

Complaints

Complaints may be reported to us through our “Contact us” functionality on Ailuna or by post at Chillisalsa Limited, 25 Pound Lane, Sonning RG4 6XD, United Kingdom. We aim to reply to all complaints within 14 working days.

Contact

You can contact us by post at Chillisalsa Limited, 25 Pound Lane, Sonning RG4 6XD, United Kingdom.

You may contact us by email at this address: life@ailuna.com 



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