General Terms and Conditions

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The Agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the cooling-off period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of the trader in the event of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Fulfilment and additional guarantee

Article 13 - Delivery and execution

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Other provisions

 

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

1. Ancillary contract means a contract in which the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;

2. Grace period: The period within which the consumer can make use of his right of withdrawal;

3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;

4. Day: calendar day;

5. Digital content: data produced and delivered in digital form;

6. Durable data carrier: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation or use during a period of time that is tailored to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;

7. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

8. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;

9. Distance contract: an agreement that is concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content and/or services, whereby until the conclusion of the agreement exclusive or partial use is made of one or more techniques for distance communication;

- Model withdrawal form: the European model withdrawal form included in Annex I to these Terms and Conditions. Annex I need not be provided if the consumer does not have a right of withdrawal regarding his order;

- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 - Identity of the entrepreneur

MOONSISTERS, trading name of Lexmond vs Lexmond B.V.

E-mail address: info@moonsisters.com

Chamber of Commerce number: 59984481

VAT number: 8537.19.949.B02

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Article 4 - The offer

1. If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the offer.

2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The Agreement

1. The agreement comes into being, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and fulfils the conditions laid down.

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

3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.

4. The entrepreneur may, within the limits of the law, gather information about the consumer's ability to fulfil his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.

5. No later than at the time of delivery of the product, service or digital content, the entrepreneur shall send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

A the visiting address of the trader's business establishment where the consumer can lodge complaints;

B the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;

C the information on guarantees and existing after-sales service;

D the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;

E the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;

F if the consumer has a right of withdrawal, the model form for withdrawal.

6In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.

Article 6 - Right of withdrawal

1. The consumer can dissolve an agreement related to the purchase of a product during a reflection period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but he is not obliged to state his reason(s).

2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance and not being the carrier, has received the product, or:

3. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with a different delivery time;

4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;

5. in case of contracts for regular delivery of products during a certain period of time: the day on which the consumer, or a third party designated by him, has received the first product.

Article 7 - Obligations of the consumer during the cooling-off period

1. During the reflection period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.

2. The Consumer shall only be liable for any diminution in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer makes use of his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off period by means of the model form for withdrawal or in another unequivocal manner.

2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself.

3. The consumer shall return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. The consumer shall bear the direct costs of returning the product.

Article 9 - Obligations of the trader in the event of withdrawal

1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he shall send an acknowledgement of receipt of this notification without delay.

2. The entrepreneur shall use the same means of payment as the consumer has used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer. Shipping costs shall be borne by the consumer.

3 . If the Consumer has chosen a more expensive method of delivery than the least expensive standard delivery, the Entrepreneur is not required to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The Entrepreneur may exclude the following products and services from the right of withdrawal:

1. Products made to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;

2. Products that spoil quickly or have a limited shelf life;

3. Sealed products whose sale is seasonal and whose seal has been broken after delivery, such as a sealed calendar;

4. Sealed products that are not suitable for return due to reasons of health protection or hygiene and whose seal has been broken after delivery; and

5. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery.

Article 11 - The price

1. 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 due to changes in VAT rates.

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

3. Price increases from 3 months after the conclusion of the agreement are only allowed if:

4. they are the result of statutory regulations or provisions; or

5. the consumer is authorised to terminate the contract on the day on which the price increase takes effect.

6. The prices mentioned in the offer of products or services include VAT.

Article 12 - Fulfilment of agreement

The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded.

Article 13 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has made known to the entrepreneur.

3. Subject to what is stated in Article 4 of these General Terms and Conditions, the entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless a different delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation.

4. After termination in accordance with the previous paragraph, the entrepreneur shall return the amount paid by the consumer without delay. The entrepreneur is not obliged to repay the additional costs, if the consumer has explicitly chosen another way than the least expensive way of standard delivery offered by the entrepreneur.

5. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated and announced to the entrepreneur, unless otherwise expressly agreed.

Article 14 - Complaints procedure



1. Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has found the defects.

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

Article 15 - Disputes

All agreements between the entrepreneur and the consumer to which these general conditions apply, are exclusively governed by Dutch law.


Article 16 - Other provisions

If one or more provisions in these terms and conditions are invalid or declared null and void at any time, in whole or in part, the remaining provisions will remain in force. Parties shall in that case agree new provisions to replace the null and void or annulled provisions, taking into account the purport of the original provisions as far as possible.

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.