Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer can exercise their right of withdrawal.
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: calendar day.
Long-term transaction: a distance contract concerning a series of products and/or services, with the obligation to supply and/or purchase spread over time.
Durable medium: any tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers.
Distance contract: a contract in which, as part of a system organised by the entrepreneur for remote sales of products and/or services, up to and including the conclusion of the contract, only one or more means of distance communication are used.
Means of distance communication: a method that can be used to conclude a contract without the consumer and entrepreneur simultaneously meeting in the same space.
Terms and Conditions: the present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Luna B.V.

KvK-number: 95938338

Article 3 – Applicability

These terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the terms and conditions can be viewed and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these terms and conditions may, by way of exception to the previous paragraph, be provided to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the entrepreneur will indicate where the terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.

In the event that specific product or service conditions also apply in addition to these terms and conditions, the second and third paragraphs apply correspondingly, and the consumer can always invoke the most favourable applicable provision in case of conflicting conditions.

If one or more provisions of these terms and conditions are at any time wholly or partially invalid or voided, the contract and these conditions shall otherwise remain in effect, and the provision in question will be replaced without delay by a provision that approximates the intent of the original as much as possible.

Situations not regulated in these terms and conditions should be assessed ‘in the spirit’ of these terms and conditions.

Any ambiguities about the interpretation or content of one or more provisions of these terms and conditions should be interpreted ‘in the spirit’ of these terms and conditions.

Article 4 – The Offer

If an offer is subject to a limited validity or made under conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they shall be a true representation of the products and/or services offered. Apparent errors or apparent mistakes in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or cancellation of the contract.

Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This particularly concerns:

The price, excluding clearance costs and import VAT. These additional costs will be borne by and are the responsibility of the customer. Postal and courier services will apply the special regulation for postal and courier services for importation. This regulation applies when goods are imported into the (EU) country of destination, as in this case. The postal or courier service collects VAT (possibly together with clearance costs) from the recipient of the goods.
Any shipping costs.
The manner in which the contract will be concluded and the actions required for this.
Whether or not the right of withdrawal is applicable.
The method of payment, delivery, and execution of the contract.
The period for accepting the offer or the period within which the entrepreneur guarantees the price.
The rate of distance communication if the costs of using the means for distance communication are calculated on a basis other than the basic rate for the used means of communication.
Whether the contract will be archived after its conclusion, and if so, in what way it can be consulted by the consumer.
The way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by them in the context of the contract.
The other languages in which the contract can be concluded besides Dutch.
The codes of conduct the entrepreneur is subject to and the way in which the consumer can consult these codes electronically.
The minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colours, types of materials.

Article 5 – The Agreement

The agreement comes into effect, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay. As long as this receipt has not been confirmed, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

The entrepreneur may – within legal limits – gather information about the consumer’s ability to fulfil their payment obligations, as well as facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur, based on this investigation, has sound reasons not to enter into the agreement, they are entitled to refuse a request or attach special conditions to the execution.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without stating reasons within 14 days. This cooling-off period starts the day after the consumer or a representative designated by the consumer and known to the entrepreneur receives the product.

During the cooling-off period, the consumer must handle the product and packaging carefully. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging, in accordance with the entrepreneur’s reasonable and clear instructions.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. The consumer must do this by sending a written message/email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the product was returned on time, for instance, by providing a proof of shipment.

If the consumer has not expressed their intention to exercise the right of withdrawal or has not returned the product after the periods mentioned in paragraph 2 and 3, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the products will be borne by the consumer.

If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received by the entrepreneur or conclusive proof of complete return can be presented.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

That have been created by the entrepreneur according to the consumer’s specifications.
That are clearly personal in nature.
That cannot be returned due to their nature.
That spoil or age quickly.
Whose price depends on fluctuations in the financial market that the entrepreneur cannot influence.
For individual newspapers and magazines.
For audio and video recordings and computer software whose seal has been broken by the consumer.
For hygienic products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

Relating to accommodation, transportation, restaurant services, or leisure activities to be performed on a specific date or during a specified period.
Whose delivery has started with the consumer’s explicit consent before the cooling-off period has expired.
Relating to betting and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and that the entrepreneur cannot influence, with variable prices. These dependencies on fluctuations and the fact that listed prices are target prices will be mentioned in the offer.

Price increases within 3 months of the agreement’s conclusion are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the agreement’s conclusion are only permitted if the entrepreneur has stipulated this and:

They are the result of statutory regulations or provisions, or
The consumer has the right to terminate the agreement starting from the day the price increase takes effect.

Delivery occurs based on Article 5, paragraph 1 of the Value-Added Tax Act 1968 in the country where transportation begins. In this case, delivery takes place outside the EU. Consequently, import VAT and/or clearance costs will be collected by the postal or courier service from the customer. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and usability, and existing legal provisions and/or government regulations on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert under the agreement against the entrepreneur.

Defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. Returned products must be in their original packaging and in new condition.

The guarantee period provided by the entrepreneur corresponds to the manufacturer’s guarantee period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The guarantee does not apply if:

The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties.
The delivered products have been exposed to abnormal conditions, are otherwise handled carelessly, or have been treated contrary to the entrepreneur’s instructions and/or the packaging instructions.
The defects are entirely or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care in receiving and executing product orders.

With due observance of what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders with expedient speed but no later than 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without cost and is entitled to any compensation.

In the event of dissolution under the preceding paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to offer a replacement product. No later than delivery, it will be clearly and comprehensibly communicated that a replacement product is being delivered. For replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and communicated representative unless explicitly agreed otherwise.

Article 12 – Long-term Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period that includes the regular delivery of products (including electricity) or services at any time, with due observance of agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term agreement that includes the regular delivery of products (including electricity) or services at any time at the end of the fixed term, with due observance of agreed termination rules and a notice period of no more than one month.
The consumer may:
- Terminate the agreements mentioned in the previous paragraphs at any time and not be limited to termination at a specific time or within a specific period.
- At least terminate them in the same manner as they were entered into by the consumer.
- Always terminate with the same notice period the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement that includes the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
By way of exception to the previous paragraph, a fixed-term agreement that includes the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a maximum fixed term of three months if the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.
A fixed-term agreement that includes the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month or, at most, three months if the agreement concerns the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.
A limited-duration agreement for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscriptions) is not tacitly continued and ends automatically after the trial or introductory period.

Duration
If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer has a duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.

If the consumer fails to fulfill their payment obligation(s), the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs that have been disclosed in advance to the consumer.

Article 14 – Complaints

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within seven days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

Questions or Comments on the Terms and Conditions?
Contact us at: info@lunasperiod.com