General Terms & Conditions for Moon by Luna

These are the general conditions (hereinafter: “General Terms & Conditions") of Moon by Luna, having its registered office at Bavenhofstraat 7 3012 Wilsele and registered in the Kruispuntbank van Ondernemingen [equivalent to Companies House] under number BE0755631483. (hereinafter referred to as: “Moon by Luna”). 

Article 1 - Scope

These General Terms & Conditions apply to every offer, every quotation and every agreement reached with regard to products and/or services offered by us. 

These General Terms & Conditions apply to the exclusion of the Customer's general terms & conditions.

Article 2 - Quotations

Our quotations are purely indicative and without obligation and expire if they are not accepted by the Customer within 30 calendar days. Quotations only become legally valid in the capacity of an agreement once the quotation has been signed by the Customer and by us. We also reserve the right to refuse certain orders without giving any reason.

Article 3 - Price and payment 

The price for our goods/services is mentioned on the quotation. 

All our invoices are payable within 14 days of receipt, unless the quotation specifies a different due date. If we ask for an advance payment, we will only start our activities once we have received the advance payment. 

For every delay in payment, the Customer will owe default interest of 1% per commenced month from the due date of the invoice and without prior notice of default, with each month that has been commenced being deemed to be a full month, whereby the foregoing is without prejudice to any compensation or costs. Likewise, a lump sum fee of 10% of the invoice amount with a minimum of 250 euros as compensation is payable by operation of the law and without prior notice of default; moreover, in addition to the principal sum, interest on arrears as well as the costs of collection, notices of demand and prosecution, as well as expenses due to loss of time and legal or legal costs, are also payable. This damage clause does not detract from the obligation to pay the stipulated amount of interest on arrears. 

We must be notified of disputes by registered letter within five working days of the invoice, otherwise they will be declared inadmissible.

Article 4 - Duration of the agreement and cancellation

Our agreements can be entered into as described in our quotations. The agreement can at all times be cancelled unilaterally and without judicial intervention by us if the Customer is in bankruptcy or composition proceedings, or if the customer has not paid its invoices. 

Article 5 - Intellectual property rights

Our website, logos, texts, photos, names and in general all our communications are protected by intellectual property rights that are either held by us or by our suppliers or by other rights-holders.

Intellectual property rights are understood to mean patent, copyright, trademark, drawing and design rights and/or other (intellectual property) rights, including whether or not patentable technical and/or commercial know-how, methods and concepts.

It is forbidden to make use of and/or to make changes to the intellectual property rights as described in this Article. For example, the customer shall not copy or reproduce our drawings, photographs, texts, logos, colour combinations, etc., without our prior and express written consent. 

Article 6 - Confidentiality and privacy

We are responsible for the processing of your personal data and process these data in accordance with the General Data Protection Regulation;

For more information about the processing of personal data, please refer to our Privacy & Cookie Policy.

Article 7 - Liability

We are not liable except in case of intent or gross error. Moreover, we are  not liable for any direct or indirect damage (such as consequential loss, lost profit, missed savings or loss due to business interruption) for which we have not explicitly determined our liability in these terms & conditions. Our liability will in all cases be limited to the amount of the price stipulated for that order (excl. VAT).

We make every effort to provide access to the website 24 hours a day and 7 days a week. In view of the technical characteristics of the Internet and IT resources, and given the need to carry out periodic maintenance, updating or upgrading work, we cannot guarantee uninterrupted access and service. In the event of normally acceptable interruption or disruption to access or service, we make every effort to remedy this within as short a time as possible. Such normally acceptable interruptions or disruptions are inherent to services provided via the internet and cannot be considered as shortcomings. 

Article 8 Force majeure

In case of force majeure, we are not obliged to fulfil our obligations. In that case we can either suspend our obligations for the duration of the force majeure or terminate the agreement permanently. 

Force majeure is any circumstance beyond our control and control that prevents the fulfilment of our obligations, wholly or partly. The following list is a non-exhaustive list of what we understand by this term: strikes, unexpected traffic jams, accidents on European roads, fire, business failures, power failures, disruptions in a (telecommunications) network or connection or used communication systems and/or the unavailability of the website at any time, non-delivery or late delivery from suppliers or other third parties, etc. 

Article 9 - Invalidity and completeness

These General Terms & Conditions constitute the entire agreement between the customer and us, with regard to the subject-matter included therein.

If one or more provisions of these Terms & Conditions turn out at any time to be wholly or partially unlawful, void or for any other reason unenforceable, this clause shall be deemed to be separate from these General Terms & Conditions and shall not affect the validity and enforceability of the remaining provisions. 

Article 10 - Competence and applicable law

Belgian law applies to all disputes related to or arising from our offerings and/or agreements. In case of dispute or dispute, only the courts of the judicial district where our registered office is located are competent.

Terms and Conditions webshop Moon by Luna

Article 1 Identity of the seller

• We are: Moon by Luna
• Address: Bavenhofstraat 7 3012 Wilsele
• Email address: info@moonbyluna.com
• Telephone number:
• Company number: BE0755631483
• Bank account number: BE45 0018 9453 5389

Article 2 Applicability & Conditions

1. Our general terms & conditions apply to every quotation from us as a Web retailer to you as a Consumer (any natural person who, for non-professional purposes only, obtains or uses products or services placed on the market).

2. We only deliver to Europa. If you provide a delivery address in another country, we can refuse your order.

3. To place an order, you must be at least 18 years old. If you are not 18 years old, we request that the order is placed by your parents or legal guardian. If we notice that an order has been placed by a minor, we can refuse this order.

4. Placing an order on the website constitutes explicit acceptance of our general sales conditions that are always available via the website.

5. If you order online, a copy of these general Terms & Conditions in a format that you can save or print will be sent to you, at the latest at the time of delivery confirmation. We also recommend that you always do this.

6. If additional special terms & conditions apply in addition to these general terms and conditions, the above also applies to these special terms & conditions. If our general terms & conditions conflict with those special conditions, then as a consumer you are at all times entitled to rely on the most advantageous text to your advantage.

Article 3 Our Quotation and your order

1. If a quotation has a limited period of validity or is subject to certain conditions, this will be explicitly mentioned by us in our quotation.

2. We always describe as fully and accurately as possible what we sell and how the ordering process will proceed. The description is in any case sufficiently detailed to let you make an informed judgement. If we use images, they are a true representation of the offered goods and/or services. To err is, however, human and if we have obviously made a mistake, we are not obliged to nevertheless fulfil the delivery.

3. Your order is complete and the agreement between us is final as soon as we confirm your order by email and once we receive approval from the card issuer for payment transactions using either a credit or debit card. We accept Paypal, Bancontact, Kredietkaart. If your card issuer refuses to make payment to us, we cannot be held responsible for delays in delivery nor for non-delivery of your order. Orders without valid payment in the name of the registered cardholder are not accepted nor processed.

4. To purchase a product, add the product to your shopping basket. Afterwards you enter your contact details and billing data. Then choose your method of delivery: Verzending via Sendcloud. In the last step you get an overview page where you accept our Terms & Conditions and confirm your payment by pressing the order button with the caption "order with payment obligation”. If you have followed these steps, your purchase is final.

Article 4 Right of cancellation

1. If you buy goods or services from us, you have the right to decide within 14 days of delivery or entering into the agreement that you do not want to keep the goods. You can then return your order without having to pay anything extra and without having to give any reasons (you pay the costs yourself). Within 14 days of receiving your returned order or your message indicating that you wish to cancel the agreement, we will refund you the full purchase price using the same payment method you used to pay.

2. The direct costs of returning the goods are therefore at your expense. We will indicate the cost price of this is or make an estimate, if this cannot reasonably be calculated in advance. If it is not possible to return the goods in the post, we will come and collect them from you and you will not be charged for this.

3. Before making the refund, we will wait until we have received the goods back or until you have sent us proof that you have returned the goods, whichever comes first.

4. During the first 14 days after delivery, we expect you to handle the order and packaging with care. If you still want to return the goods as described above, you may only unpack or use them insofar as necessary to assess whether you wish to keep the goods. Adjustments may be made to goods that are returned; however, goods that are returned may not have been used. When returning goods, they should be returned in the original packaging, with all the accessories that came with them and in the original condition and packaging, taking into account our instructions below.

5. You can return your order by post or courier.

6. In order to exercise your right of cancellation correctly, please let us know by email that you wish to return your order. We will send you an acknowledgement of receipt of your cancellation by email.

Article 5 The price

1. During the period we mention in our quotation, our prices will not change, except for price changes due to changes in VAT rates.

2. Our prices include all taxes, VAT, taxes and services unless otherwise stated. You will never be faced with surprises. We can decide to charge the shipping costs on top of the purchase price. In that case, we will always let you know you place your final order for your purchase.

Article 6 Payment

1. We can only accept payment via the payment methods on our website.

2. In order to guarantee secure online payment and the security of your personal data, the transaction data is transmitted encrypted with SSL technology over the internet. You do not need special software to pay using SSL. You can recognise a secure SSL connection by the "lock" in the bottom status bar of your browser.

Article 7 Conformity and guarantee

1. We guarantee that our goods are in accordance with your order and meet the normal expectations that you may have, taking into account the specifications of the product. We also guarantee that our goods comply with all laws existing at the time of your order.

2. In addition, with regard to the delivery of goods, we also apply the statutory minimum warranty period of two years if the goods are not in conformity with the order placed. This means that in case of defects or defects to the goods up to 2 years after delivery, these goods will be repaired free of charge or replaced. Insofar as this is possible and reasonable, you have the choice between repair or replacement. Only in cases where repair or replacement would either be disproportionate or impossible or could not be carried out within a reasonable time period, will you have the right to demand a price reduction or dissolution of the sales agreement. If the defect or shortcoming manifests itself within 6 months of delivery, this is deemed to have already existed before the delivery, unless we can prove otherwise. After 6 months you will have to prove yourself that the defect was already present at the time of delivery.

Article 8 - Transfer and implementation

1. All goods and services are delivered to the address indicated by you in your order.

2. When an item is in stock it will be delivered to your delivery address in +/- 4 a 5 dagen. When an item is not in store in stock, it will be delivered to your delivery address in +/- 2 weken.

3. Wij versturen steeds aan de hand van Sendcloud volgens de tarieven bij verzendmethoden

4. If we are unable to deliver on time, we will always inform you before the end of the planned delivery period. If that is not the case, you can cancel your order free of charge. In that case, we will refund you within 30 days after termination.

5. Our shipments are always made at our risk. You do not have to worry about goods that are lost in the mail. However, if you return goods to us within 14 days of purchase because you would rather not keep them, you are responsible for shipping.

6. If the goods delivered by us where damaged during transport, do not correspond to the items that are mentioned on the delivery note or do not correspond to the items you ordered, you must notify this to us as soon as possible and certainly within 3 days and you must send the items back within 14 calendar days of receipt. We cannot be held responsible for any consequential damages due to late delivery or non-delivery by the carrier that the company has appointed. Our liability in such cases is limited to the value of the items where it can be shown that they have not been received by the customer.

Article 9 Duration

1. The Consumer can cancel an agreement that has been concluded for an indefinite period at any time, with due observance of the agreed cancellation conditions and a notice period of a maximum of one month.

2. An agreement that has been concluded for a fixed term has a maximum term of two years.

3. If it has been agreed in a fixed-term agreement for the supply of goods that the distance selling agreement can be tacitly extended, the agreement will be continued as an agreement for an indefinite period and the notice period after extension of the agreement will be a maximum of one month.

4. Where a fixed-term agreement for the supply of services concluded between the Company and the Consumer includes a clause on tacit renewal, this clause shall be placed in bold letters and in a box separate from the text, on the front of the first page.

5. This clause states the consequences of tacit renewal, including the provision of the following paragraph regarding cancellation, as well as the final date on which the Consumer can object to tacit renewal of the agreement and the manner in which the Consumer can give notice of this objection. After the tacit renewal of a fixed-term agreement for the supply of services, the Consumer can cancel the agreement at any time without compensation, subject to the notice period of a maximum of two months.

Article 10 Force majeure

1. In case of force majeure, we are not obliged to fulfil our obligations. In that case we can either suspend our obligations for the duration of the force majeure or terminate the agreement permanently.

2. Force majeure is any circumstance beyond our control and control that prevents the fulfilment of our obligations in whole or in part. The term 'force majeure' is understood to include the following: strikes, fire, business failures, power failures, disruptions in a (telecommunications) network or connection or used communication systems and/or the unavailability of our website at any time, non-delivery or late delivery by suppliers or other third parties that have been engaged, etc.

Article 11 Intellectual property

1. Our website, logos, texts, photos, names and in general all our communications are protected by intellectual property rights that are either held by us or by our suppliers or by other rights-holders.

2. It is forbidden to make use of and/or to make changes to the intellectual property rights as described in this Article. For example, you may not copy or reproduce drawings, photographs, texts, logos, colour combinations, etc. unless with our prior and express written consent.

Article 12 Complaints procedure and disputes

1. It is always our aim that all our customers are 100% satisfied. If you still have complaints about our services, you can contact us by email: info@moonbyluna.com. We do everything we can to deal with your complaint within 7 days.

2. To settle a dispute out-of-court, a request can be sent to the Consumer Ombudsman Service of the Federal Government for the out-of-court settlement of consumer disputes. The Consumer Ombudsman will in turn handle the application itself or send it to a competent body. You can reach the Consumer Ombudsman via this link: http://www.consumentenombudsdienst.be//nl

4. In case of disputes of a cross-border nature, you can also submit a request to the European Union's Online Dispute Resolution platform via this link: http://ec.europa.eu/odr.

5. All agreements that we conclude with our Customers, regardless of where our Customers reside, are governed exclusively by Belgian law and in disputes only the competent Belgian courts are competent. If, for reasons of international law, another law applies for the interpretation of the current general terms & conditions, recourse will first of all be made to the Belgian Act on Market Practices and Consumer Protection.