Terms and Conditions Lunae

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.

  1. 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.
  2. 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