General terms and conditions

Article 1 - Definitions Lunae:

1. Lunae, based in Rotterdam, KvK number 96139005.
2. Customer: the person with whom Lunae has entered into an agreement.
3. Parties: Lunae and Customer together.
4. Consumer: a Customer who is also an individual acting as a private person.

Article 2 - Applicability.

1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Lunae.
2. Lunae and the Customer may deviate from these terms and conditions only if agreed in writing.
3. Lunae and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.
4. If LUNAE accepts the order, LUNAE will send an electronic confirmation of the establishment of the Agreement.
5. If it appears that incorrect information has been provided by the Customer, LUNAE is entitled to fulfill its obligation only after the correct information has been received. In that case, LUNAE is also authorized to cancel the Agreement.

Article 3 - Prices

1. Lunae applies prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
2. Lunae may change the prices of its services and products on its website and in other communications at any time.
3. Increases in the cost prices of products or parts thereof, which Lunae could not foresee at the time of making the offer or entering into the agreement, may give rise to price increases.
4. The consumer has the right to cancel a contract due to a price increase in paragraph 3, unless the increase is due to a legal regulation.

Article 4 - Provision of information

1. The content of the Website has been compiled with the utmost care. However, LUNAE cannot guarantee that all the information on the Website is at all times correct and complete. All prices and other information on the Website and in other materials originating from LUNAE are therefore subject to obvious programming and typing errors.
2. LUNAE cannot be held responsible for (color) deviations due to screen quality.
3. LUNAE informs the Client through the Website as much as possible about Products. However, the provision of information regarding the characteristics of the Product or technical data does not mean that LUNAE gives any guarantee about the Product.
4. The Website may contain links to websites of other companies. LUNAE has no control over (the content of) these websites, therefore LUNAE is not responsible for them.
5. LUNAE is only obliged to provide information about allergens to the extent required by law. Since LUNAE cannot predict whether an allergic reaction will occur in Customer when using Products, LUNAE is not responsible for it.

Article 5 - Payments

1. Lunae may condition delivery on immediate payment or require security for the total amount of the services or products.
2. All prices stated on the Website and in other materials derived from LUNAE are inclusive of VAT and other government levies, unless otherwise stated on the Website.
3. In case of cross-border delivery of Products, LUNAE will charge VAT and other government levies in accordance with applicable (international) laws and regulations. LUNAE will also charge Customer for any import or customs duties.
4. Shipping costs will be borne by the Customer, unless otherwise indicated on the Website. The amount of the cost will be displayed in the ordering process.
5. The Customer must make payments to LUNAE according to the payment methods indicated in the order procedure and, if applicable, on the Website. LUNAE is free in its choice of offering payment methods and these may also change from time to time.
6. If the Customer does not meet its payment obligation(s) on time and/or in full, the Customer will be in default. In such case, all LUNAE's claims against Client are immediately due and payable, without further summons or notice of default. All extrajudicial and judicial costs incurred by LUNAE in that case shall be borne by Client. These are at least 15% of the principal amount, with a minimum of € 250. Furthermore, in case of default, Client shall owe LUNAE interest of 1% per month, whereby a part of the month shall be considered a full month.
7. If the Customer is a Consumer and the Consumer does not timely and/or fully meet its payment obligation(s), then, notwithstanding paragraph 6 of this article, LUNAE will give the Consumer another opportunity to meet its payment obligation(s) within a period of 14 days (notice of default). If the Consumer again fails to pay the amount due, the Consumer is in default. The Consumer shall in that case owe LUNAE the statutory interest and the statutory collection costs.
8. LUNAE is entitled to deduct payments made by Customer to LUNAE first from expenses, then from accrued interest and finally from principal and accrued interest.
9. LUNAE is entitled to suspend the delivery of Products if the Customer fails to fulfill its payment obligations.
10. The Client is obliged to notify LUNAE of objections to (the amount of) an invoice within 14 days of the invoice date in writing and as detailed as possible. If the Client has not made any objections within 14 days of the invoice date, the invoice is deemed to be approved.

Article 6 - Right of advertising

1. Offers are non-binding unless the offer specifies a deadline for acceptance. If the offer is not accepted within that stated period, the offer will lapse.
2. Offers and quotations do not automatically apply to repeat orders. The parties must agree this expressly and in writing.
3. The price stated on offers, quotations and invoices consists of the purchase price including the VAT and any other government taxes due.
4. Lunae exercises its right of complaint by written or electronic communication to the Customer.
5. Once the Customer has been informed of the invoked right of complaint, the Customer must immediately return the relevant products to Lunae unless otherwise agreed in writing.
6. The Customer shall pay the cost of retrieval or delivery in paragraph 3.

Article 7 - Right of withdrawal

1. A consumer may cancel an online purchase within 14 days of purchase without giving a reason. This right of withdrawal does not apply when:
   1. the product has been used
   2. Our products cannot be returned for reasons of health protection and/or hygiene if the seal has been broken after delivery
   3. the consumer has waived his right of withdrawal
2. The 14-day cooling-off period in paragraph 1, begins: on the day after the consumer receives the last product or part of 1 order once the consumer has confirmed that he will purchase digital content via the Internet
3. Consumers can exercise their cooling-off period by sending an email with that subject to info@Lunaecosmetics.com.
4. The consumer must return the product to Lunae within 14 days of sending the email in paragraph 3.
5. If the consumer does not return the product within 14 days after having expressed his right of withdrawal, his right of withdrawal expires.
6. The price stated on offers, quotations and invoices consists of the purchase price including the VAT and any other government taxes due.
7. Shipping costs for returning Products shall be borne by the Consumer.
8. Amounts already paid by the Consumer (in advance) will be refunded to the Consumer as soon as possible, at the latest within 14 days after the dissolution of the Agreement, in the same way that the Consumer paid for the order. If there is a decrease in value as referred to in paragraph 4 of this article, LUNAE is entitled to set off the decrease in value against the amounts already paid by the Customer, as a result of which the Customer will be refunded a lower amount.

Article 8 - Delivery & Delivery Time

1. Delivery will take place while supplies last.
2. Delivery will take place at Lunae, unless otherwise agreed upon.
3. Delivery of products ordered online takes place at the address specified by the Customer.
4. LUNAE is entitled to deliver a similar Product of similar quality as the Product ordered, if the Product ordered is no longer available. The Customer is then entitled to rescind the Agreement and return the Product free of charge.
5. Lunae's delivery times are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
6. The delivery time starts when the Customer has fully completed the ordering process and has received a confirmation thereof from Lunae.
7. The Customer will not be compensated and may not cancel the agreement when Lunae delivers later than agreed. However, the Customer may rescind the agreement when agreed in writing or when Lunae cannot deliver within 14 days, after being reminded in writing or the Customer and Lunae have agreed otherwise.
8. The Customer must ensure that the actual delivery of its ordered products can take place on time.

Article 9 - Shipping costs & shipping

1. Customer shall pay the cost of transportation unless Customer and Lunae have agreed otherwise in writing.
2. If the packaging of a delivered product has been opened or damaged, the Customer must have a note of this made by the carrier before taking delivery of the product. If the Customer does not do this, he cannot hold Lunae liable for any damage.

Article 10 - Warranty

1. Product warranty applies only to defects caused by faulty manufacture or construction or faulty material.
2. The warranty does not apply:
   1. in the case of normal wear and tear
   2. for damage caused by modifications made to the product
   3. For damages caused by negligence or incompetent use by the Customer
   4. when the cause of the defect cannot be clearly determined

Article 11 - Indemnification

The Customer indemnifies Lunae against all claims of others related to the products and/or services provided by Lunae.

 
Article 12 - Complaints

1. The Customer must examine a product delivered by Lunae for any defects as soon as possible within 48 hours.
2. If a delivered product does not meet that which the Customer could reasonably expect, the Customer must notify Lunae within 48 hours of discovering the defect.
3. In doing so, the Customer shall provide as detailed a description of the shortcoming as possible so that Lunae can respond appropriately.
4. If LUNAE deems that Client has filed a complaint in a timely and justified manner, LUNAE shall - at LUNAE's option - provide an appropriate solution in the form of repair, replacement or reimbursement of up to the amount paid by Client for the relevant part of the Agreement. In case of replacement of a Product, Client is obliged to return the replaced Product to LUNAE and transfer ownership of it to LUNAE, unless LUNAE indicates otherwise.
5. If LUNAE judges that the Client has not filed a complaint in a timely manner or has filed a complaint wrongfully, LUNAE does not have to deal with the complaint and the Client is no longer entitled to repair, replacement or compensation as referred to in paragraph 7 of this article. Moreover, in that case the costs - including the investigation costs - on the part of LUNAE shall be borne by the Customer.

Article 13 - Notice of default

1. Customer must give written notice of any default to Lunae.
2. The Customer is responsible for ensuring that its notice of default actually reaches Lunae on time.

Article 14 - Liability of Customer

When Lunae enters into an agreement with multiple Clients, each of them is jointly and severally liable for the performance of the agreements in that agreement.

Article 15 - Liability Lunae

1. LUNAE is not liable for damages caused by:
   1. Failure to comply with a Product's instructions for use, health hazard safety instructions and/or (other) manuals;
   2. Failure to observe or follow instructions and/or warnings issued by LUNAE with respect to a Product;
   3. repair to or maintenance of a Product by anyone other than LUNAE;
   4. improper maintenance of a Product;
   5. incompetent or careless use of a Product;
   6. wear and tear caused by normal use of a Product;
   7. placement, modification and/or processing of a Product by anyone other than LUNAE or a third party designated by LUNAE;
   8. use a Product for a purpose other than that for which the Product is intended.
2. Lunae is only liable for damages suffered by the Customer when such damages were caused by intentional or deliberate recklessness.
3. Lunae is not liable for indirect damages, such as consequential damages, lost profits or damages to third parties.
4. When Lunae is liable, such liability shall be limited to the amount paid out by any (professional) liability insurance taken out. If no insurance is taken out or no amount of compensation is paid out, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and cannot lead to any compensation, rescission or suspension.
6. LUNAE is liable only insofar as this article shows. The same applies to third parties engaged by LUNAE for the performance of the Agreement, such as but not limited to: employees and other persons LUNAE engages in the performance of the Agreement.
7. Delivery of the Products relieves LUNAE of all liability for defects that Customer had already discovered or could reasonably have discovered at the time of delivery.
8. LUNAE cannot influence the final use of the Products delivered by the Customer. Any liability for any damage that may occur during or as a result of the use of Products - including as a result of an allergic reaction is excluded.
9. LUNAE is not liable for damage caused by LUNAE's reliance on incorrect and/or incomplete information provided by or on behalf of Client.

Article 16 - Due date

Any right of the Customer to compensation from Lunae lapses 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Civil Code.

Article 17 - Dissolution

1. The Customer may rescind the agreement if Lunae imputably fails to fulfill its obligations, unless such failure does not justify rescission because of its special nature or minor importance.
2. If the performance of the obligations by Lunae is still possible, then dissolution can only take place after Lunae is in default.Lunae may undo the agreement with the Customer, if the Customer does not fully or timely comply with its obligations under the agreement, or if
3. Lunae has become aware of circumstances that give it good reason to believe that the Customer will not fulfill its obligations.

Article 18 - Force majeure

1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Lunae by the Customer cannot be attributed to Lunae when there is force majeure.
   The force majeure situation in paragraph 1 includes, inter alia:
   1. an emergency such as civil war or natural disaster
   2. default or force majeure of suppliers, delivery personnel or others
   3. power, electricity internet, computer or telecom failures computer viruses
   4. strikes
   5. government measures
   6. transport problems
   7. adverse weather conditions
   8. work stoppages
2. When a force majeure situation occurs that causes Lunae to incur 1 or more obligations to the

Customer cannot perform, then those obligations shall be suspended until Lunae can perform.

3. From the moment a force majeure situation has lasted for at least 30 calendar days, both the Customer and Lunae may cancel all or part of the agreement in writing.
4. Lunae does not have to pay compensation to the Customer in a force majeure situation, even if Lunae benefits from this.

Article 19 - Personal data

LUNAE processes Customer's personal data in accordance with its privacy statement. This can be found on Lunae's website.

Article 20 - Modification of general conditions

1. Lunae may modify these terms and conditions.
2. Changes of minor importance may always be made by Lunae.
3. Major changes will be discussed by Lunae with the Customer in advance to the extent possible.
4. A consumer may terminate the underlying contract if the general terms and conditions are substantially changed.
5. When it is necessary for its performance to amend a concluded agreement, the Customer and Lunae may amend the agreement.

Article 21 - Transfer of rights

1. Customer may not assign any rights under any agreement with Lunae to others without Lunae's written consent.
2. This provision counts as a clause with property law effect as in Article 3:83 paragraph 2 of the Civil Code.

Article 22 - Consequences of nullity or voidability

1. If 1 or more provisions of these terms and conditions prove to be void or voidable, this will not affect the remaining provisions of these terms and conditions.
2. A provision that is void or voidable shall in that case be replaced by a provision that comes closest to what Lunae had in mind when drafting the terms and conditions on that point.

Article 23 - Applicable law and competent court

1. These General Terms and Conditions and any underlying agreement between the Customer and Lunae shall be governed by Dutch law.
2. The court in the district of Lunae's place of business shall have exclusive jurisdiction to hear any disputes between the Customer and Lunae, unless otherwise provided by law.

Retrieved December 1, 2024

When you visit our website www.lunaecosmetics.com or contact us, we receive information about you. In this privacy policy, we explain what we do with that information. We always handle your information carefully and store it securely. If you have any questions or want to know what information we have about you, please contact us. We may update this privacy policy if we deem it necessary. Therefore, we recommend that you review this privacy policy regularly to stay informed of any changes. This privacy policy was last updated on December 1, 2024.

Table of Contents

1. When does this privacy policy apply?
2. Who uses your data?
3. From whom do we use data?
4. How do we obtain your data?
5. What data do we use from you?
6. What do we use your data for?
7. How long do we retain your data?
8. With whom do we share your data?
9. Where do we store your data?
10. How secure is your data with us?
11. What can you ask from us?
12. What regulations apply to this privacy policy?
13. What cookies do we use?
14. What do we do with data from minors?
15. Do you have a question about this privacy policy?

1. When does this privacy policy apply?
   This privacy policy applies to all personal data we process and to all domains related to us. This includes the personal data of everyone who has ever contacted us or visited our website, such as visitors, customers, and business contacts. Personal data refers to all information that can be traced back to you as an individual, such as your name, phone number, IP address, customer number, or browsing behavior. If you want to know more about personal data, visit the website of the Dutch Data Protection Authority.

2. Who uses my data?
   Lunae is responsible for the website www.lunaecosmetics.com and is the responsible organization for the use of your personal data as described in this privacy policy. The full details are: Lunae, located in Rotterdam, Chamber of Commerce number 96139005.

3. From whom do we use data?
   We process the personal data of anyone who has contacted us or visited our website. This includes visitors, individual customers, business clients, and contacts of our partners.

4. How do we obtain your data?
   We obtain your data directly from you when you:
   - Visit our website
   - Create an account
   - Fill out information on our website

5. What data do we use from you?
   - We use the following data:
   - Name
   - Residential or business address
   - Delivery address
   - Email address
   - Phone number
   - Payment information

6. What do we use your data for?
   We only use your personal data for the purposes for which we are permitted to use it:
   - We have obtained your consent to use your personal data
   - We use your data because we want to provide you as a customer with the best service, which we cannot do without this information

7. How long do we retain your data?
   We retain your personal data for as long as required by law and for as long as necessary for the purpose for which we use your data. For example, if you are a customer with us, we retain your data for the statutory retention period of seven years. After that, we only retain your data for statistical purposes and to handle any complaints or legal matters. If you want to know more about how long we retain specific data of yours, please contact us.

8. With whom do we share your data?
   Your personal data will only be used by us. We will never share your personal data with others.

9. Where do we store your data?
   We process your data within the European Economic Area (EEA). This means that we also store your data within the EEA. If you have any questions about this, feel free to contact us.

10. How secure is your data with us?
    We have taken many measures to secure your data both organizationally and technically. We have secured our systems and various communication channels to ensure that your data does not fall into the wrong hands. Your data is therefore safe with us. We also ensure that only people authorized by us can use your data. If you have questions about specific security measures, feel free to contact us.

11. What can you ask from us?
    Because we use your personal data, you have various rights. Below, we list your rights:

• Right to information
  We must explain in a clear and understandable way what we do with your data and what control you have over it. Therefore, we explain in this privacy policy in detail which data we collect from you and how we handle your data.
• Right to access
  You can always ask us to access the data we hold about you.
• Right to correction
  You can ask us to correct your data if it is incorrect or incomplete.
• Right to object
  You can object to the processing of your data if you disagree with how we handle your personal data. This right applies to data used for direct marketing. For example, you can indicate that you no longer want to receive emails from us. This also applies to personalized recommendations on our website.
• Right to data portability
  If you are a customer with us or have given consent for the use of your data, you can ask us to send you the digital data we have about you. This allows you to transfer your data to another organization if desired.
• Right to restriction
  You can ask us to limit the use of your data. This means that, in certain cases, we may only store your data but not use it.
• Right to be forgotten
  You can ask us to delete all the data we have about you. We will delete all data that can be traced back to you. In some cases, we may still need to retain your data, such as for the tax authorities for a period of seven years.
• Right to file a complaint
  You can file a complaint about how we handle your data. If you have a complaint, we will be happy to resolve it. Please contact us. You can also submit your complaint to the Dutch Data Protection Authority. Of course, we hope it won’t come to that, but if necessary, you may also take the matter to court. In that case, it will be the court in the location of Lunae that handles your complaint.

How do I file a request or complaint?
Send your request or complaint to us via info@lunaecosmetics.com. We will process your request or complaint within 30 days. If it involves multiple requests or complaints, or if your request is complex, it may take more time. In such cases, we will contact you within 60 days. We may ask you to identify yourself. In that case, we will request your data to ensure that you are the correct person to whom the personal data belongs.

12. What regulations apply to this privacy policy?
    Our privacy policy must meet various requirements. These requirements are primarily found in the General Data Protection Regulation (GDPR). Additionally, the general rules under Dutch law apply to our privacy policy.

13. What cookies do we use?
    You can specify which data we may use from you. If you have given us consent to personalize your profile based on your browsing and search behavior, we can tailor our website to you to make it easier and more personalized. We do this using cookies. A cookie is a small text file placed on your hardware when you visit our website.
    
    We use the following types of cookies on our website:

• Functional cookies, such as session and login cookies, to keep track of session and login information.

14. What do we do with data from minors?
    Our website is not specifically aimed at minors. This means that if you are under 18 years old, you need permission from a parent or guardian to use our website. If you are a minor visiting our website or webshop, we assume you have obtained this permission.

15. Do you have a question about this privacy policy?
    If you have any questions about our privacy policy, feel free to contact us by sending an email to info@lunaecosmetics.com. We are happy to help.

Order Shipping
At Lunae, we strive to get your orders to you as quickly as possible. We offer the following shipping options within the Netherlands and Belgium:

Orders placed before 5:00 PM
Orders placed on weekdays before 5:00 PM will be processed and shipped the same day. Your package will typically be delivered the next business day.

Orders placed after 5:00 PM
Orders placed after 5:00 PM will be processed and shipped the next business day. Delivery will typically occur within 1-2 business days.

Shipping Options
We offer the following shipping method:

• Standard Shipping (PostNL): Expected delivery time is 1-2 business days.

Shipping Costs
Shipping costs will be displayed during the checkout process, depending on your location and selected shipping method. Free shipping applies to orders over €49.95.

Track & Trace
Once your order has been shipped, you will receive an email with a Track & Trace code, allowing you to track the status of your shipment.

International Shipping
We also offer international shipping. Delivery times and costs vary depending on the destination country.

Delays
While we always do our best to deliver your order on time, we cannot be held responsible for delays caused by the carrier.

You have the right to return or exchange your order within 14 days of receipt without giving a reason, provided the product is unopened and in its original packaging. To register a return, please email info@lunaecosmetics.com with your order number and reason for return. You will receive further instructions for return shipping.

We do not accept used or opened products due to hygienic reasons.

Return costs
Return shipping costs are at your own expense, unless the product is defective or incorrectly delivered. In that case we will reimburse the return costs.

Refund
Once we have received and verified your return, a full refund will be issued within 14 days using the same payment method you used to place the original order.