General terms and conditions

The terms and conditions were last updated on June 11, 2026.

PLEASE BE AWARE THAT SECTION 8 (“ARBITRATION AGREEMENT”) OF THE TERMS BELOW CONTAINS PROVISIONS GOVERNING HOW ANY DISPUTES WILL BE RESOLVED.  IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL REQUIRE DISPUTES  BE SUBMITTED TO BINDING AND FINAL ARBITRATION.  UNLESS CUSTOMER OPTS OUT OF THE ARBITRATION AGREEMENT: (1) CUSTOMER WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST LUNA ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) CUSTOMER IS WAIVING THE RIGHT TO PURSUE CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

1. Definitions and Scope of Application

1.1 Definitions

Term

Definition

Assistive Device (USA)

In the United States, the Product is defined as an Electronic Assistive Device, classified under HTS Code 9021.90.80

Authorized Distributor

Refers to any third-party business entity officially appointed by Luna to sell, market, and distribute the Product within a specific geographic territory.

B2C

Business-to-consumer transactions where the Customer purchases the Product for personal use outside the scope of trade, business, craft, or profession.

CISG / United Nations Convention on Contracts for the International Sale of Goods

An international treaty establishing uniform rules for the formation of contracts for the sale of goods between parties. located in different countries. For the purposes of these Terms, its application is expressly excluded.

Competent Authorities

Official government bodies responsible for enforcing regulations.

Customer/ Covered Purchaser

Any individual or entity purchasing or intending to purchase the Covered Product from Luna, acting as a consumer (B2C) outside the scope of trade, business, craft, or profession. For the purposes of the Limited Warranty, a Customer who is the original purchaser of a new Product is referred to as the “Covered Purchaser.”

Data Controller

Luna, responsible for processing personal data collected from the Customer in accordance with GDPR and applicable data protection laws.

Dutch Data Protection Act (Uitvoeringswet AVG)

The national implementing legislation of the GDPR in the Netherlands, regulating the processing of personal data and ensuring compliance with the GDPR within Dutch jurisdiction.

Final Price

The total amount payable by the Customer for the Product, including applicable taxes (VAT), shipping fees, and other charges, but exclusive of sales tax.

GDPR / General Data Protection Regulation

Only applied to EU-based customers: Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as amended, which governs the collection, use, storage, and protection of personal data within the European Union.

IFU / Instructions for Use

The official product manual and safety instructions provided with the Product and accessible online, describing proper use, handling, maintenance, and safety precautions.

Intended Purpose

The specific use of the Product as defined by Luna in the Instructions for Use.

Limited Warranty

The specific manufacturer’s guarantee provided by Luna, covering defects in materials and workmanship of the Product.

Luna (Angstone B.V.)

Hereinafter referred to as Luna, with its registered office at Willemsplein 4, 6811KA Arnhem, The Netherlands, registration number 81105460, and VAT number NL861933096B01. Contact Details: info@lunaglasses.nl., Luna is the company who designed and manufactures Luna Glass.

Malfunction / Device Malfunction

Any failure, error, or abnormal behavior of the Product, including hardware or software, issues, that materially impairs safety or use for the Intended Purpose.

ODR / Online Dispute Resolution

The official web-based platform provided by the European Commission to help consumers and traders resolve out-of-court disputes arising from online purchases.

Order

The offer submitted by the Customer via the Website to purchase the Product, which becomes binding after Shipping  Confirmation by Luna.

Order Confirmation

The automated acknowledgment email sent to the Customer upon receipt of the Order, which does not constitute formation of a contract.

Product / Covered Product

The Luna Glass device, including all hardware, software, accessories, packaging, and documentation supplied by Luna.

 

EU/UK Status: Audio/Video, Information and Communication Technology Equipment (AV/ICT equipment)

 

U.S. Status: A Non-Medical Assistive Device / Electronic Visual Aid (HTS 9021.90.80).

Purchase

Refers to the legally binding contract for the acquisition and delivery of the Product between Luna and the Customer.  This contract is exclusively formed at the moment Luna dispatches a Shipping Confirmation email to the Customer. The Purchase represents a transfer of ownership of the physical Product and a limited right to use the embedded firmware for its Intended Purpose only.

Purchase Information

Refers to the specific documentation and data required by Luna to verify a Warranty Claim or a return under the Returns Policy. This includes but is not limited to:

(a) A valid receipt, bill of sale, or electronic order confirmation;

(b) The serial number of the Product;

(c) The date of delivery; and

(d) The identity of the original Customer.

Recall / Field Safety Notice

Actions required by Luna or regulatory authorities to correct or remove a Product from the market due to safety risks.

Refund

The reimbursement of the Final Price (less original shipping and handling charges and any applicable deductions for damage) to the Customer’s original payment method.

Regulatory Authorities

Any government agency, competent authority, or official body responsible for the regulation, oversight, and enforcement of consumer product safety laws.

Returns Policy

The set of rules and requirements governing the return of a Product for a Refund.

RMA / Return Material Authorization

A unique authorization number and document issued by Luna that must be obtained by the Customer before any Product can be physically returned.

Safety & Warning Sheet

Sheet with important safety instructions and warnings provided with the Product.

Serious Incident

Any event involving the Product that led, or could have led, to serious injury, medical complication, or significant technical malfunction.

Shipping Confirmation

The email sent to the Customer confirming the dispatch of the Product, at which point the contract is legally formed.

Technical Partners

Any third-party service providers engaged by Luna to support the processing, delivery, or functionality of the Product, including but not limited to payment processors, shipping carriers, IT service providers, or software support vendors.

Terms

These General Terms and Conditions, including all clauses, annexes, and amendments.

U.S. Customer / United States Customer

Any Customer with a residence in the United States of America.

 

User

Any individual who operates, wears, or otherwise uses the Product, whether as the Customer or as a person authorized by the Customer.

Warranty Claim

A formal request for repair, replacement, or refund submitted by a Covered Purchaser in accordance with the procedures set forth in these Warranty Terms.

Warranty Period

The duration of the Limited Warranty, being 1 (one) year from the date of delivery to the original Customer, unless otherwise mandated by local law.

Warranty Terms

The specific conditions, requirements, and procedures governing the Limited Warranty.

Website

The official online platform for sales and information: https://seewithluna.com , including any associated subdomains and web pages.

 

1.2 Scope of Application

These Terms apply to all offers, sales, and deliveries of the Product made through the Website or other direct sales channels to individual consumers (B2C) acting for purposes outside their trade, business, craft, or profession. 

1.3 Exclusion of Other Terms

By placing an Order, the Customer explicitly accepts these Terms as the sole governing document of the purchase. Any terms and conditions provided by the Customer, third parties, or implied through oral communication are expressly rejected unless confirmed in writing by Luna.

1.4 Amendments

Luna reserves the right to amend these Terms at any time. The version in effect at the time the Order is placed shall apply. Customers are encouraged to review the Terms regularly at https://seewithluna.com.

1.5 Sales through Authorized Distributors

While Luna is the manufacturer, the Product may be and will be sold through a network of Authorized Distributors. If the purchase of the Product is done through an Authorized Distributor, the contract for sale is with that Authorized Distributor. Luna is responsible for manufacturing, warranties and regulatory compliance, but the Authorized Distributor is responsible for order fulfillment, local taxes, and primary Customer service unless otherwise specified.

2. Product Description, Purpose, and Disclaimer

2.1 Classification and Regulatory Compliance

Luna Glass (the “Product”) has been designed, manufactured, and CE-marked in accordance with the safety and performance requirements of IEC 62368. 

2.2 Intended purpose

The Product is intended to enhance low-light scenes in real time. It provides a brighter image with improved color and contrast to help users see in the dark. There are no limits to how often or how long the device can be used although we recommend a usage duration of no more than 2-hours before resting.

The Product is designed to assist the user’s existing vision and is not a substitute for professional medical treatment or surgery. 

There are no limits to how often or how long the device can be used.

2.3 Medical Disclaimer and Expected Results

The Customer acknowledges and agrees to the following: 

a)      No Cure: The Product is a night vision device and does not cure, treat, or reverse the underlying medical cause of any visual impairment.

b)     Variable Efficacy: The effectiveness of the Product may vary significantly between individual users. Luna does not guarantee a specific level of visual improvement.

c)      Professional Consultation: If the Customer has a visual impairment, the Customer is strongly advised to consult with an ophthalmologist or qualified eye-care professional before use. 

d)     Duration of Use: While there is no strict limit on the duration of use, Luna recommends taking regular breaks to prevent ocular fatigue, especially during initial adaptation to the Product. Luna recommends taking a break after two hours of use.

2.4 Technical Changes

Luna reserves the right to make minor technical changes to the Product (such as hardware and software patches and updates) provided these changes do not negatively affect safety, usability, or the intended performance of the device as described in the official Instructions for Use (IFU). 

2.5 Data gathering and privacy

The Product does not collect or store any personal data from the user or the environment.

The Product utilizes an integrated camera solely for the purpose of improving low light vision. Images from the camera are captured, processed and displayed to the user after which they are discarded.

2.5 Data gathering and privacy

In the United States, the Product is sold and intended for use as AN ELECTRONIC ASSISTIVE DEVICE UNDER HTS CODE 9021.90.80. The Product has NOT been cleared or approved by the FDA It is intended for general assistive purposes to enhance low-light scenes and is NOT intended to diagnose, treat, cure, or prevent any disease or medical condition.

3. Ordering, Contract Formation, and Payment

3.1 Order Placement

By clicking the “Submit form” (or equivalently formulated) button on our Website, the Customer makes a binding offer to purchase the Product. All Orders are subject to availability and acceptance in writing by Luna.

3.2 Formation of Contract

The receipt of an automated Order Confirmation email is only a record of your Order and does not constitute acceptance. The contract is only officially formed, and Luna becomes legally bound to deliver, when: 

a)      Luna sends a “Shipping Confirmation” email; or

b)     The Product is physically dispatched to the Customer. 

      We reserve the right to cancel orders due to pricing errors or stock unavailability, in which case a full refund of the Final Price will be issued. 

3.3 Final Price and VAT Application (B2C)

For Customers in the EU, the total Final Price, including VAT and shipping costs, will be displayed to the Customer before checkout. VAT will be applied according to applicable law in the Customer’s country. For non-EU Customers, the Product is sold without VAT; the Customer is responsible for any local import taxes or duties.

3.4 Customs, Duties, and Import Fees (Non-EU)

For all Orders shipped to addresses outside the European Union, the Customer is the “Importer of Record.” The Customer is solely responsible for paying any local import duties, sales taxes, or customs clearance fees required by their local authorities upon arrival. For Customers in the USA, sales tax might apply and will be added to the Final Price.  Luna is not liable for delays or costs caused by customs inspections. 

3.5 Payment and Retention of Title

Full payment must be made via the payment methods provided (e.g., iDEAL/Wero, credit card, Bancontact) before dispatch. The Product remains the legal property of Luna until the Final Price has been received in full. For B2B sales, If Luna believes that Customer’s financial position and/or payment performance justifies such action, Luna has the right to demand that Customer immediately furnish security in a form to be determined by Luna and/or make an advance payment. If Customer fails to furnish the desired security, Luna has the right without prejudice to its other rights, to immediately suspend the further execution of the Purchase, and that which Customer owes to Luna for whatever reason will become immediately due and payable.

3.6 Delivery Estimates

Any delivery dates or “ETA” timeframes provided are good-faith estimates and are not guaranteed deadlines. Luna is not liable for damages or losses resulting from shipping delays beyond our reasonable control.

4 . Warranty Terms & Return Policy

4.1 Limited Warranty and Warranty Claim

Luna warrants to the original Customer of a Covered  Product purchased through the Website or from an Authorized Distributor that such Covered Product will be free from defects in materials and workmanship, under normal operating conditions, for a Warranty Period of one (1) year from the date of delivery, unless otherwise mandated by local law.

This Limited Warranty extends only to the Covered Product purchased by the original Customer. This Limited Warranty does not apply with respect to any person other than the original Customer, except where such limitation is not permitted under applicable law. 

Luna will honor a Warranty Claim submitted in accordance with these Warranty Terms, subject to the right of Luna to deny your Warranty Claim if

a)      you are not the original Customer (except where such limitation is not permitted under applicable local law);

b)     the product is not a Covered Product;

c)      the Warranty Claim is submitted following the expiration of the Warranty Period; or

d)     a Limited Warranty Exclusion applies.

      Any Covered Product repaired or replaced under this Limited Warranty will be covered solely for the remaining Warranty Period. The Warranty Period will not be extended in duration, nor will the Limited Warranty be expanded in coverage upon transfer of the product, except where required by applicable law.

4.2 Limited Warranty Exclusions

This Limited Warranty shall not apply:

a)      if defects, damages, or failures or destruction are caused by acts of God, including but not limited to lightening, flooding, tornado, earthquake, or fire/smoke damage;

b)     if the defect was caused by damage that occurred while the Covered Product was in possession of the Customer or as a result of any abuse, misuse, mishandling, abnormal use, or use in violation of any applicable instructions for use;

c)      if the defect was caused by exposure of the Covered Product to temperatures or humidity outside of the recommended ranges set forth in the Covered Product technical specifications in the IFU;

d)     if the defect was caused by improper maintenance, installation, or repair of the Covered Product, including without limitation, any damage resulting from service, testing, adjustment, installation, maintenance, alteration, or modification to the Covered Product (including its associated software) in any way by someone other than Luna or its Authorized Distributors;

e)      for wear and tear expected to occur during the normal course of use;

f)        if the defect was caused by a failure by the Covered Purchaser to implement any correction, modification, enhancement, improvement, or other update made available to the Covered Purchaser by Luna

g)      to use of the Covered Product with items not provided or otherwise authorized in writing by Luna;

The Luna Limited Warranty applies strictly to physical manufacturing defects in hardware. It does not cover software updates, firmware stability, optimization changes, or degradation of battery capacity over time due to normal usage patterns.

Each of the foregoing exclusions is a “Limited Warranty Exclusion.”  These exclusions do not apply where prohibited by applicable law or where the lack of conformity existed at the time of delivery.

4.3 Remedies

If at any time during the Warranty Period, the Covered Product fails to conform to the Limited Warranty and is not otherwise subject to a Limited Warranty Exclusion, Luna will, in accordance with applicable law and at its option:

a)     repair the defective Covered Product;

b)     replace the defective Covered Product; or

c)      refund the original purchase price for the defective Covered Product.

      Repair or replacement may be made with new or refurbished products or component parts (at Luna’s option). If the Covered Product or component part is no longer available, Luna may replace the Covered Product with a similar product with similar functionality.

4.4 Submitting Warranty Claim

If the Covered Product fails to conform to the Limited Warranty and is not otherwise subject to a Limited Warranty Exclusion, the Covered Purchaser is requested to submit a Warranty Claim.

If the Covered Product has been purchased through an Authorized Distributor, the Covered Purchaser should contact that Authorized Distributor regarding Warranty Claims.

If the Covered Product has been purchased directly from Luna, Purchaser should submit Warranty Claims directly to Luna at any time, and doing so will not affect the Covered Purchaser rights under this Limited Warranty or applicable law.

In connection with Warranty Claims, the Covered Purchaser may be asked to provide:

a)      their name, address, email address, and telephone number;

b)     a copy of their receipt, bill of sale, or other proof of purchase;

c)      a written description of the problem;

d)     images or video of the defective Covered Product, including the serial number; and

e)      the name of the Authorized Distributor (if applicable) and the date of purchase (“Purchase Information”).

Following receipt of the Covered Purchaser Warranty Claim, Customer must follow all instructions of the Authorized Distributor or Luna, including a return authorization and shipping label. To obtain the benefits of the Limited Warranty, the Covered Purchaser must return the Covered Product in accordance with the provided instructions.

Shipping costs will be reimbursed for valid Warranty Claims.

Following inspection, the Covered Purchaser will be notified whether the Warranty Claim is valid and the Covered Product will be repaired or replaced at no cost to the Covered Purchaser, refunded, or whether  the Warranty Claim is denied.

4.5. For EU customers only: Statutory Rights

This Limited Warranty is a commercial warranty and is provided in addition to, and does not affect, the Covered Purchaser’s statutory rights under applicable consumer law.

Consumers in the European Union are entitled to a minimum two-year legal guarantee of conformity. Where a defect becomes apparent within the legally defined period after delivery, it is presumed to have existed at the time of delivery unless proven otherwise.

4.6 U.S. Warranty Disclaimer

To the maximum extent permitted by law, implied warranties are limited in duration to the same one (1) year period as the Limited Warranty.

4.7 Return Policy
4.7.1    Scope and Authorization

Products purchased directly from Luna, may be returned as set forth herein within 7 days of delivery to Customer. Requests for returns must be submitted by sending an email to support@lunaglasses.nl. Returns will not be accepted unless the Customer first obtain a Return Material Authorization (“RMA”) issued by Luna. To obtain an RMA, the Customer must contact Luna and provide:

a)      Name, address, email, and telephone number;

b)     A copy of the receipt or proof of purchase;

c)      A written description of the reason for return;

d)     A picture of the Product including the serial number; and

e)      The date of purchase.

Returns will not be accepted and an RMA will not be issued for any Limited Warranty Exclusion.

4.7.2    Product Condition

 The Product including all accessories, must be returned:

a)     In the original packaging;

b)    Undamaged and in working order.

4.7.3    Exclusions and Shipping Risk

To qualify for a Refund under the 7-day trial, the Product must be returned in ‘As-New’ condition, completely free of cosmetic scratches, lens smudges, or structural wear, in its original unaltered packaging. Luna reserves the right to assess a restocking fee of up to 20% of the purchase price, or deny the return entirely, if the device shows any signs of field use beyond basic fit-testing.

This Return Policy does not cover ordinary wear and tear, or damage caused by improper use or accidents. Returning a damaged Product may result in:

a)     the Customer incurring additional charges; or

b)    the denial of the Customer return request.

The Customer is responsible for all transportation and shipment costs of returned Products. The Customer bears the
risk of loss or damage during shipment (except for non-conforming goods); therefore, the Customer is STRONGLY ADVISED TO OBTAIN appropriate SHIPPING
INSURANCE.

Once a returned Product is received and accepted, Luna will refund the purchase price, less the original shipping and handling charges. If any individualaccessory is damaged or missing, Luna has the right to deduct fees up to the full replacement cost of that accessory.

4.7.4    Payment Method and Verification

Refund will be credited back to the same payment method used for the original purchase. Similarly, any fees or additional charges will be invoiced via the same method. If the original payment method cannot be verified or is invalid, the Refund may be suspended or cancelled.

4.7.5    Timing

Luna will use reasonable efforts to process the Refund within 7 to 10 business days after a valid  Return is processed. Luna does not guarantee this timing, as delays may result from causes outside Luna’s control (e.g., bank processing times or holidays).

5. Limitation of Liability and safety information

5.1 Mandatory Adherence to Instructions

The Customer is STRICTLY REQUIRED TO READ and UNDERSTAND the INSTRUCTIONS FOR USE (IFU) and all safety information provided with the Product PRIOR TO FIRST USE. The Product may only be used in accordance with these instructions.

The Product is intended to support individuals to see in the dark by enhancing low-light environments. It is not intended for use by individuals with sensitivity to light.

The Customer is solely responsible for ensuring that use of the Product is safe, appropriate, and suitable for their personal condition and environment.

5.2 Disclaimer for Misuse

Luna shall not be liable for any personal injury, property damage, or device malfunction resulting from:

a)      Use of the Product outside its Intended purpose described in the IFU;

b)     Failure to follow safety instructions, warnings, or usage guidelines provided in the IFU and Safety & Warning Sheet;

c)      Use of the Product in unsafe situations or environments, including reliance on the Product in hazardous environments (e.g., driving, operating machinery);

d)     Unauthorized repairs, modifications, or tampering with the Product or its components;

e)      Use despite visible malfunction, damage, or warning signs.

f)        Normal wear and tear, battery degradation, or maintenance-related issues;

g)      Minor aesthetic variations that do not affect the function of the Product.

      CUSTOMER ACKNOWLEDGES THAT THE PRODUCT IS NOT A SUBSTITUTE FOR OTHER ASSISTIVE TOOLS SUCH AS MOBILITY CANES OR GUIDE DOGS AND SHOULD BE USED ALONGSIDE THEM WHERE APPROPRIATE.

5.3 Statutory Liability

Nothing in these Terms shall limit or exclude Luna’s liability for death or personal injury caused by our proven gross negligence, willful misconduct or fraud.

5.4 LIMITATION OF LIABILITY

IN NO EVENT SHALL LUNA, ITS AFFILIATES OR ITS LICENSORS BE LIABLE, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF INCOME, BUSINESS, SALES, PROFITS (WHETHER ACTUAL OR ANTICIPATED), LOSS OF OR CORRUPTION TO DATA, OR INTERRUPTION OF BUSINESS.

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, AN ORDER OR ANY AGREEMENT WITH LUNA TO THE CONTRARY, LUNA’S AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND SHALL NOT EXCEED THE TOTAL PAID BY CUSTOMER FOR THE PRODUCT SUBJECT TO THE CLAIM.

THE LIMITATIONS ON LUNA’S LIABILITY ABOVE SHALL APPLY WHETHER OR NOT LUNA, ITS EMPLOYEES, LICENSORS OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.IN NO EVENT SHALL LUNA, ITS AFFILIATES OR ITS LICENSORS BE LIABLE, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF INCOME, BUSINESS, SALES, PROFITS (WHETHER ACTUAL OR ANTICIPATED), LOSS OF OR CORRUPTION TO DATA, OR INTERRUPTION OF BUSINESS.

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, AN ORDER OR ANY AGREEMENT WITH LUNA TO THE CONTRARY, LUNA’S AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND SHALL NOT EXCEED THE TOTAL PAID BY CUSTOMER FOR THE PRODUCT SUBJECT TO THE CLAIM.

THE LIMITATIONS ON LUNA’S LIABILITY ABOVE SHALL APPLY WHETHER OR NOT LUNA, ITS EMPLOYEES, LICENSORS OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

5.5. PROHIBITED USES AND ASSUMPTIONS OF RISK
5.5.1    PROHIBITED ACTIVITIES AND OPERATIONAL LIMITATIONS.

THE CUSTOMER ACKNOWLEDGES THAT THE PRODUCT HAS INHERENT OPERATIONAL LIMITATIONS AND THE CUSTOMER ASSUMES ALL OPERATIONAL RISKS ASSOCIATED WITH USES NOT IN COMPLIANCE WITH THESE TERMS, THE IFU AND ANY ADDITIONAL INSTRUCTIONS BY LUNA. THE PRODUCT IS STRICTLY INTENDED AS A STATIONARY OR PEDESTRIAN MOBILITY AID FOR LOW-LIGHT ENVIRONMENTS. THE PRODUCT MUST NOT BE USED IN ANY SITUATION WHERE A MALFUNCTION OR REDUCED PERCEPTION COULD LEAD TO PHYSICAL HARM, INJURY, OR DEATH. CUSTOMER IS NOT ALLOWED TO  USE THE PRODUCT DURING:

a)      VEHICULAR OPERATION: DRIVING OR OPERATING ANY MOTORIZED OR NON-MOTORIZED VEHICLE;

b)     INDUSTRIAL ACTIVITY: OPERATING HEAVY MACHINERY, POWER TOOLS, OR INDUSTRIAL EQUIPMENT;

c)      PRECISION ACTIVITIES: ACTIVITIES REQUIRING FULL ATTENTION, COORDINATION, OR PHYSICAL PRECISION, INCLUDING BUT NOT LIMITED TO RUNNING, CYCLING, SPORTS, COOKING, OR HANDLING SHARP OBJECTS;

d)     MOVEMENT DURING SETUP: PHYSICAL MOVEMENT WHILE THE DEVICE IS IN LOW-LIGHT MODE OR DURING CONFIGURATION.

LUNA SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, OR DAMAGE ARISING FROM THE PROHIBITED USE SET FORTH ABOVE.

5.5.2    ENVIRONMENTAL CONDITIONS AND SPATIAL AWARENESS.

THE CUSTOMER AGREES TO USE THE PRODUCT ONLY IN SAFE ENVIRONMENTS. LUNA EXPRESSLY DISCLAIMS ALL LIABILITY FOR ACCIDENTS OR INJURIES RESULTING FROM:

a)      ENVIRONMENTAL HAZARDS: USE IN RAIN, SNOW, UNDERWATER, OR WET CONDITIONS.

b)     PERCEPTION RISKS: THE PRODUCT’S EFFECT ON DEPTH PERCEPTION, PERIPHERAL VISION, OR HAND-EYE COORDINATION. THE CUSTOMER MUST EXERCISE EXTREME CAUTION WHEN NAVIGATING STAIRS OR OBSTACLES.

c)      MISUSE AS PRIMARY AID: USE OF THE PRODUCT AS A SUBSTITUTE FOR PRIMARY ASSISTIVE TOOLS (E.G., MOBILITY CANES OR GUIDE DOGS). THE PRODUCT IS A SECONDARY TOOL ONLY.

d)     VISUAL DISTURBANCES: FAILURE TO CEASE MOVEMENT IMMEDIATELY IF “VISUAL NOISE,” IMAGE FREEZING, OR UNCLEAR DISPLAYS OCCUR.

5.5.3      CHILD AND PET SAFETY

THE PRODUCT AND ITS ACCESSORIES (INCLUDING NOSE PADS, SCREWS, AND CABLES) PRESENT CHOKING AND STRANGULATION HAZARDS. LUNA SHALL NOT BE HELD LIABLE FOR ANY INJURY OR DEATH RESULTING FROM UNSUPERVISED ACCESS BY CHILDREN OR PETS. THE PRODUCT IS FOR ADULT USE ONLY.

5.5.4    HEALTH RISKS AND RESIDUAL TECHNICAL FAILURES.

THE CUSTOMER ACKNOWLEDGES THAT USE MAY CAUSE EYE STRAIN, NAUSEA, OR MOTION SICKNESS. FURTHERMORE, DESPITE PROPER MANUFACTURING, THE PRODUCT MAY EXPERIENCE TECHNICAL MALFUNCTIONS (E.G., DISPLAY FREEZING OR MECHANICAL FAILURE). LUNA SHALL NOT BE LIABLE FOR ANY SECONDARY INCIDENTS OR HEALTH COMPLICATIONS ARISING FROM THESE INHERENT RISKS OR TECHNICAL FAILURES.

5.6 Third-Party Services

Luna is not liable for any acts, omissions, or errors of third parties, including shipping carriers, payment processors, or external medical professionals who may have recommended the Product.

5.7 Support Contacts

Customers are requested to first review the latest updates on the terms and conditions online: https://seewithluna.com/terms-and-conditions/

For assistance, safety concerns, questions regarding these General Terms and Conditions, or updates about the Product, the Customer may contact Luna through the following channels:

a)      Email: support@lunaglasses.nl

b)     Contact page: https://seewithluna.com/contact/

      Inquiries should be directed exclusively to these official channels to ensure timely and accurate support.

6. Post-Market Surveillance, Incident Reporting, and Recalls

6.1 Duty to Report Incidents

Luna is required to monitor the safety and performance of the Product after it is placed on the market. The Customer agrees to notify Luna via support@lunaglasses.nl as soon as reasonably possible of any “Serious Incident” or technical malfunction, including but not limited to: 

a)      Any device failure that led, or could have led, to temporary or permanent injury;

b)     Unexplained overheating, smoke, or battery swelling;

c)      Sudden loss of visual enhancement. 

6.2 Cooperation in Safety Investigations

In the event of a reported incident, the Customer agrees to provide Luna with all reasonable information, including photographs of the device, serial number, and a description of the circumstances of the event, to assist in our mandatory regulatory reporting to the Competent Authorities (e.g., IGJ in the Netherlands). 

6.3 Post-market surveillance activities

Customers will be continually asked to fill in surveys and conduct experiments to test and improve the user experience and safety of the device. These experiments will be conducted on a monthly basis.

 

Customer support service will be provided through email and an online form. 

6.4 Field Safety Corrective Actions and Recalls

If Luna or a regulatory authority determines that a batch of Products poses a safety risk, a Field Safety Notice (FSN) or Product Recall may be issued. In such cases: 

The Customer must strictly follow all instructions provided by Luna, which may include ceasing use of the Product immediately or returning the Product for repair/replacement.

The Customer acknowledges that Luna shall have no liability for any injuries or damages occurring after a recall notice has been issued if the Customer continues to use the affected Product.

The failure to follow recall instructions may increase the risk of injury or damage and relieve Luna of liability for any subsequent incidents.

A serious incident is defined as any of the following:

a)      Serious injury to User or bystanders;

b)     Death of User of bystanders;

c)      Serious public health threat;

d)     Near incidents (recurrence of which could lead to harm).

In case a serious safety incident is identified, the following actions will be taken:

a)      The incident will be documented internally by the responsible personnel, including all relevant details of the event;

b)     All supporting information and evidence related to the incident will be collected and assessed;

c)      Where required, the incident will be reported to the competent national authorities via the applicable product safety reporting, and appropriate corrective actions (such as product recall or field corrective measures) will be initiated.

6.5 Traceability

The Customer is advised to keep the original packaging and receipt. This information is essential for identifying whether the Customer’s specific unit is subject to a safety notice. Returns are not possible if the Product is not returned in the original packaging. For more information, see Chapter 4. 

6.6 Distributor Reporting and Traceability

In the event of a safety recall or Field Safety Notice, Luna may coordinate with the Authorized Distributor to contact the Customer. The Customer agrees that their contact information may be shared between the Authorized Distributor and Luna strictly for these mandatory safety purposes. 

7. Privacy and Data Protection

7.1 Data Controller

Luna acts as the Data Controller for all personal data collected during the ordering process and subsequent device reporting. All data is processed in accordance with applicable laws. 

7.2 Collection of Personal Data

The Customer acknowledges that Luna may process personal information if provided by the Customer (e.g., prescriptions, or incident reports regarding device efficacy). This data is processed solely for ensuring the Product is appropriate for the Customer’.

The legal basis for processing your data is:

a)     Article 6(1)(b) GDPR / other applicable privacy laws – processing is necessary for the performance of a contract (i.e., your pre-order request, waitlist subscription);

b)    Explicit consent – you can only place an order if and when you have verified that that the privacy policy and terms and conditions as stated in this document as well as on https://seewithluna.com have been read and agreed with.

7.3 Third-Party Disclosure

Luna will not share personal data with third parties for marketing purposes. Data may only be shared with: 

a)      Regulatory Authorities: When required by law for device safety reporting;

b)     Technical Partners: Strictly for the purpose of processing payments or delivering the Product. 

7.4 Customer Rights

The Customer has the right to access, rectify, or request the deletion of their personal data. Requests can be sent to support@lunaglasses.nl. However, Luna is legally required to retain certain records (e.g., serial number and incident reporting).

7.5 No Data Recording or Storage

The integrated camera functionality is strictly limited to real-time image enhancement, and images are deleted after they have been shown to the user on the display. Because no image data is stored or processed beyond the immediate volatile memory of the device.

7.6 Customer’s rights under GDPR:

The Customer has the following rights regarding their personal data: 

a)      Right to access – Request a copy of personal data. 

b)     Right to rectification – Correct any inaccurate or incomplete data. 

c)      Right to erasure – Request deletion of personal data under certain conditions. 

d)     Right to restrict processing – Request limited processing of personal data. 

e)      Right to data portability – Request personal data in a machine-readable format. 

f)        Right to object – Object to the processing of personal data. 

8. Governing Law and Dispute Resolution

8.1 For Non-U.S. Customers Only: Governing Law

These Terms and all legal relationships between Luna and the Customer shall be governed exclusively by the laws of the Netherlands. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. 

8.2 For Non-U.S. Customers Only: Mandatory Consumer Protections

As a Consumer (B2C), the Customer will benefit from any mandatory provisions of the law of the country in which the Customer resides. Nothing in these Terms, including Clause 8.1, affects Customer’s rights as a consumer to rely on such mandatory provisions of local law. 

8.3 For Non-U.S. Customers Only: Jurisdiction

Any disputes arising out of or in connection with these Terms or the use of the Product shall be submitted to the exclusive jurisdiction of the competent courts in Arnhem, the Netherlands, unless mandatory consumer protection laws dictate otherwise. 

8.4 For Non-U.S. Customers Only: Online Dispute Resolution (ODR)

The European Commission provides a platform for Online Dispute Resolution (ODR) for consumers, which can be found at: europa.eu. Luna is not obliged to participate in dispute resolution proceedings before a consumer arbitration board. 

8.5 For Non-U.S. Customers Only: Severability

If any part of these Terms is found by a court or regulator to be invalid or unenforceable, the remaining provisions shall continue to apply in full force and effect.

8.6 For U.S. Customers Only: U.S. Binding Arbitration and Class Action Waiver

Any dispute arising out of or relating to these Terms or the use of the Product shall be resolved by binding arbitration pursuant to the Federal Arbitration Act, which shall govern the interpretation and enforcement of this Arbitration Agreement. The arbitration is to be held before a single arbitrator pursuant to the then-current Consumer Arbitration rules of the American Arbitration Association (the “AAA”) and conducted in the County and City of New York, State of New York. The arbitrator shall be jointly selected by the parties. If the parties are unable to agree upon the arbitrator, either party may request the AAA to select the arbitrator. All arbitration proceedings shall be conducted on a confidential basis. Any award, order or judgment pursuant to such arbitration shall be deemed final and binding upon the parties and may be enforced in any court of competent jurisdiction. Prior to any arbitration hereunder, the parties mutually agree to mediate any disputes in accordance with the then-current AAA’s Mediation Procedures. The costs for such non-binding mediation shall be shared equally between the parties. Each party shall bear the cost of their own attorneys. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.  Further, the parties agree that the arbitration of any dispute shall be conducted on an individual basis, not a class-wide basis, and that no arbitration proceedings may be consolidated with any other arbitration or other legal proceeding involving Luna or any other person. Customer agrees not to be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Luna for any dispute. The parties agree that the arbitrator of any dispute between the parties shall not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding.

NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

Customer may opt out of this Arbitration Agreement by sending us written notice, within 30 days of the time you consent to these Terms, to the following email address: support@lunaglasses.nl

These Terms are governed by the laws of the State of New York without regard to its conflict of laws principles. Except as provided above as to those disputes submitted to arbitration pursuant to the Federal Arbitration Act, any other dispute must be brought in state or federal court in New York, New York, and you expressly submit to the jurisdiction of such courts and waive any claims that such courts are an inconvenient forum.