1. Purpose and acceptance
1.1. These terms of use govern access to and use of the website lunabyjaimin.fr (the “site”), published by LE FIG (Luna by Jaimin, “we”, “us”), whose details are in our legal notice.
1.2. By using the site, you accept these terms. If you do not accept them, please do not use the site.
1.3. Purchases are governed by our terms of sale, which you accept when you order. If these terms of use and the terms of sale conflict on a matter relating to an order, the terms of sale prevail.
2. Access to the site
2.1. The site is free to access. The costs of equipment, internet connection and telecommunications needed to use it are yours.
2.2. You do not need an account to browse the site or to order.
2.3. The site is intended for adults. It is not directed to children under 13, and only adults with legal capacity to enter into a contract may order.
3. Intellectual property
3.1. Everything on the site belongs to LE FIG or is used with its owner’s permission and is protected by intellectual property law: the Luna by Jaimin name and logo, our ring designs, sketches and 3D models, photographs, films, texts, page layouts, and the selection and arrangement of the content.
3.2. You may view the site and print or save pages for your own private, non-commercial use, for example to prepare an order. Sharing a link to a page of the site is welcome.
3.3. Unless we have given you written permission in advance, you may not:
- copy, reproduce, adapt, publish or distribute all or part of our designs, photographs, films or texts, on any medium;
- make or have made jewellery copying or imitating our designs;
- extract content or data from the site by automated means (scraping, crawling, robots, data mining), except search engines indexing the site in line with our robots.txt file;
- display the site or its content inside another website (framing) or link directly to our image, video or font files so that they appear on another site (hotlinking);
- use any content of the site to train, fine-tune, test or feed an artificial intelligence or machine-learning system, or to generate images or designs derived from ours;
- remove or alter any copyright notice, watermark or credit.
3.4. Under Article 4 of Directive (EU) 2019/790 and Article L122-5-3 of the French Intellectual Property Code, we expressly reserve the use of the content of the site for text and data mining.
3.5. Any use not allowed by these terms may constitute infringement and lead to civil and criminal liability.
4. Acceptable use
When you use the site, you agree not to:
- break the law or the rights of others;
- attempt to access parts of the site or of our systems that are not open to you, or to test, scan or breach their security;
- disrupt the site, overload it, or introduce viruses or harmful code;
- place false orders, use another person’s identity or payment method, or send misleading information;
- send unlawful, offensive, defamatory, discriminatory or infringing content, or unsolicited advertising.
We may block access to the site, refuse or cancel a request, or report to the authorities in case of breach, without prejudice to any claim for damages. Where an order is involved, the terms of sale apply.
5. What you send us
5.1. When you use our custom design service “Design with Jaimin”, or write to us by email or Instagram, you may send us text, sketches and up to 6 photos or videos (50 MB each at most) (“your content”).
5.2. You keep all your rights in your content. You grant us, free of charge, a non-exclusive licence to store, copy, view and adapt your content for the sole purpose of answering your request: studying it, preparing a sketch, 3D model and quote, making your ring if you order, and handling any related after-sales question or dispute. This licence lasts as long as needed for that purpose and ends when we delete your content (images are kept 12 months, as explained in our privacy policy).
5.3. We will not publish your content, show it in our marketing or use it for any other customer without your separate, express permission.
5.4. You confirm that you have the right to send us your content and to let us use it as described above, and that it does not infringe anyone’s rights (including copyright, design rights, trade marks and the image rights of people shown). You must not ask us to reproduce a design protected by a third party’s rights. We may decline any request that we reasonably believe would infringe the rights of others.
5.5. The design we create for you from your brief stays private between you and us; it is never shown publicly or made for anyone else. Your rights in it and in the finished ring are set out in the terms of sale (article 16.3).
6. Links
6.1. The site may contain links to other websites, such as our payment provider Mollie, couriers’ tracking pages or our Instagram account. We do not control those sites and are not responsible for their content or their practices; their own terms and privacy policies apply.
6.2. You may link to the home page or any page of the site, provided the link opens the page in full in a new browser window or tab, without framing, and does not suggest a partnership or endorsement that does not exist or harm our reputation. We may ask you to remove a link at any time.
7. Availability of the site
7.1. We try to keep the site available at all times, but we do not guarantee that it will be uninterrupted or free of errors. We may suspend, change or close all or part of the site, in particular for maintenance, updates or security reasons.
7.2. We take care to keep the information on the site accurate and up to date. Photographs and films show our rings as faithfully as possible; colours may vary slightly with your screen. The description and price that bind us for an order are those in the order summary.
8. Liability
8.1. We are liable for the content we publish and for our obligations under these terms, in accordance with the law.
8.2. We are not liable for damage resulting from: your use of the site in breach of these terms; the content of third-party websites; interruptions or malfunctions caused by your equipment, your internet access or events beyond our reasonable control (force majeure); or the actions of third parties who breach our security despite reasonable measures on our part.
8.3. Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, for gross negligence or wilful misconduct, under product liability law, or any other liability that cannot be limited or excluded by law, and nothing in them affects your statutory rights as a consumer.
9. Personal data
We process the personal data collected through the site as described in our privacy policy. The site uses no analytics, advertising or tracking cookies; the storage it does use is explained on the cookies and storage page.
10. Changes
We may update these terms, for example to reflect a change in the site or in the law. The version in force is the one published on this page, with its date. Changes do not apply to orders already placed, which remain governed by the terms of sale accepted at the time.
11. Applicable law and disputes
11.1. These terms are governed by French law. If you are a consumer, you also keep the protection of the mandatory provisions of the law of the country where you live.
11.2. In case of a problem, please write to us first at contact@lunabyjaimin.fr: we will try to find a solution with you.
11.3. Any dispute will be brought before the competent French courts. If you are a consumer, you may also bring proceedings before the courts of the place where you live, and you can only be sued there.