Terms of service
Article 1 – Definitions
The following definitions apply in these general terms and conditions:
Cancellation period: the period within which the consumer can exercise his right of withdrawal;
customer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Label: calendar day;
Permanent matters: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which extends over a longer period;
Persistent disk: any means by which the consumer or entrepreneur can store information that is addressed to him personally in such a way that future retrieval and unchanged reproduction of the stored information is possible.
Right of withdrawal: the option for the consumer to terminate the distance contract within the withdrawal period;
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance sales agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
Long-distance communication technology: Means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
General terms and conditions of business: these general terms and conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company name: Maison Lunescimento
Address: Wethalder Beerdastrjitte 7, 9298PW, Kollumersweach, Netherlands.
Phone: +31620 813 099
Email: info@maisonlunescimento.com
Customer Service Hours: Monday – Friday, 9 am – 5 pm (GMT+1)
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur, but also to every distance contract and all orders concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonable, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and will be sent free of charge as soon as possible at the request of the consumer.
If, contrary to the previous paragraph and before the distance contract is concluded, the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the entrepreneur. can be stored in a simple way. consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always rely on the provision most favorable to him in the event of conflicting general terms and conditions.
If at any time one or more provisions of these General Terms and Conditions are wholly or partially null and void or are declared null and void, the Agreement and these General Terms and Conditions will otherwise remain in force and the relevant provision will be immediately replaced by a provision that is as close in scope as possibly matches the original.
Situations that are not regulated in these General Terms and Conditions must be assessed 'in the spirit' of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted 'in the spirit' of these General Terms and Conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is subject to change. The entrepreneur has the right 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 enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to any compensation or termination of the agreement.
Images accompanying the products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:
the price, excluding customs clearance costs and import tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service will use the special arrangements for postal and courier services in connection with imports. This procedure applies when the goods are imported into the EU country of destination, which is also the case in this case. The postal and/or courier service collects the VAT (whether or not together with the collected customs clearance costs) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and what measures are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
the amount of the rate for long-distance communication if the costs of using the technology for long-distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
whether the agreement is archived after conclusion and, if so, how it can be viewed by the consumer;
the way in which the consumer can check the data provided by him in the context of the agreement before entering into the agreement and, if desired, restore it;
all other languages in which the agreement can be concluded other than Dutch;
the codes of conduct to which the entrepreneur has adhered and the way in which the consumer can consult these codes of conduct electronically; And
the minimum term of the distance contract for a long-term transaction.
Optional: available sizes, colors, material type.
Article 5 – The Agreement
The agreement is concluded, with due observance of the provisions of paragraph 4, at the time of acceptance of the offer by the consumer and compliance with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational 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.
The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
With the product or service, the entrepreneur sends the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
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the visiting address of the entrepreneur's branch where the consumer can go with complaints;
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the conditions and manner in which the consumer can exercise his right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
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the information about warranties and existing customer service;
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the information included in Article 4, paragraph 3 of these general terms and conditions, unless the entrepreneur has already provided this information to the consumer before concluding the agreement;
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the conditions for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration.
In the case of a duration transaction, the provisions of the previous paragraph only apply to the first delivery.
Each agreement is concluded under the suspensive condition of sufficient availability of the products in question.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 30 days. This withdrawal period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the withdrawal period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - as far as reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the entrepreneur's reasonable and clear instructions.
If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 30 days of receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 5 days. The consumer must prove that the delivered goods have been returned on time, e.g. B. via proof of postage.
If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in case of cancellation
If the consumer exercises his right of withdrawal, the costs for returning the products will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 5 days after receipt of goods.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer at least in a timely manner before concluding the agreement.
The exclusion of the right of withdrawal is only possible for products:
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established by the entrepreneur in accordance with the consumer's specifications;
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that are clearly personal in nature;
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which cannot be returned due to their nature;
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that can spoil or age quickly;
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the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
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for individual newspapers and magazines;
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for audio and video recordings and computer software of which the consumer has broken the seal.
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for hygiene products of which the consumer has broken the seal.
The exclusion of the right of withdrawal is only possible for services:
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with regard to accommodation, transport, catering or leisure activities to be carried out at a certain time or in a certain period;
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the delivery of which has started with the express consent of the consumer before the withdrawal period has expired;
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about betting and lotteries.
Article 9 – The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that the prices quoted are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:
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these arise from legal regulations or provisions; or
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The consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
The place of delivery is in accordance with Article 5, paragraph 1 of the Sales Tax Act 1968 in the country where transport commences. In this case, this delivery takes place outside the EU. The postal or courier service then collects the VAT or customs clearance costs from the customer. So no VAT is charged to the entrepreneur.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements for reliability and/or usability and the legal provisions and/or government regulations that apply at the time of concluding the agreement. . . If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days of delivery. The products must be returned in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer or for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the entrepreneur's instructions and/or the packaging has been treated;
The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will exercise the utmost care when accepting and executing orders for products.
The place of delivery is the address that the consumer has provided to the company.
Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 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 notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 5 days after receipt of goods.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. 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 representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Fixed transactions: duration, cancellation and extension
completion
The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of at least maximum one month.
The consumer can terminate the agreements referred to in the previous paragraphs:
cancel at any time and not be limited to cancellation at a certain time or in a certain period;
at least cancel these in the same manner as they were entered into by him;
Always cancel with the same notice period that the entrepreneur has set for himself.
extension
An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a specific period.
Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer agrees to this. towards the end of the extension with a notice period of up to one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month and a notice period of no more than than one month. longer than three months if the agreement relates to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A fixed-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the expiry of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement 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 duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days from the start of the withdrawal period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement. has received.
The consumer has the obligation to immediately report any inaccuracies in payment details provided or provided to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer for the reasonable costs made known in advance.
Article 14 – Complaints procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 30 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If the entrepreneur considers a complaint to be justified, the entrepreneur will replace or repair the delivered products free of charge at his own discretion.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.