Terms of Service
General terms and conditions
Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: Lunor Lifestyle
Chamber of Commerce number: 80399363
Trade name: Valente Vitale Enterprises
Customer service mail: info@lunorlifestyle.com
Company address: Berkenlaan 15 Castricum 1901SW
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the 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 reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision concerned shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.
Situations not provided for in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should 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 shall be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price, excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special regulation for postal and courier services with regard to imports. This scheme applies if the goods are imported into the EU country of destination, which is the case in the present case. The postal and or courier service collects the VAT (whether or not together with the customs clearance fees charged) from the recipient of the goods;
any dispatch costs;
the way in which the contract will be concluded and what actions are required for that purpose;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer, or the period within which the trader guarantees the price;
the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion and, if so, the way in which it can be consulted by the consumer;
the manner in which the consumer, before concluding the contract, can check and, if desired, rectify the data provided by him under the contract;
any languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of a duration transaction.
Optional: available sizes, colours, type of materials.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement comes into effect at the moment the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
1. The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
2. The conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
3. The information on guarantees and existing after-sales services;
4. The details included in article 4 paragraph 3 of these terms and conditions, unless 5. the trader has already provided the consumer with these details before the performance of the contract;
6. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 14 days. This reflection period starts 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 reflection period, the consumer will handle the product and its 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 to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer should make this known by means of a written message/email. After the consumer has stated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned to the place of origin in a timely manner, e.g. by means of proof of dispatch.
If the customer has not expressed his wish to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after revocation. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive evidence 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 as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before concluding the contract.
Exclusion of the right of withdrawal is only possible for products
that were created by the entrepreneur according to specifications of the consumer;
that are clearly personal in nature
that cannot be returned due to their nature;
which spoil or age quickly;
whose price is subject to fluctuations on the financial market that are beyond the Entrepreneur's control;
for individual newspapers and magazines;
for audio- and video recordings and computer software of which the consumer has broken the seal.
for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services
concerning accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
the delivery of which commenced with the consumer's express consent before the expiry of the withdrawal period;
concerning bets and lotteries.
Article 9 - The price
During the validity period stated in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
they are the result of legal regulations or stipulations; or
the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
Pursuant to Article 5(1) of the Turnover Tax Act 1968, the place of delivery takes place in the country where transport commences. In the present case, this delivery takes place outside EU. Following this, the postal or courier service will collect import VAT or clearance charges from the customer. Consequently, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typographical errors, the company is not obliged to deliver the product at the incorrect price.
Article 10 - Compliance and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader on the basis of the agreement.
Any defective or wrongly delivered products should be reported to the entrepreneur in writing within 14 days after delivery. Return of the products should be in the original packaging and in new condition.
The guarantee period of the entrepreneur corresponds to the factory guarantee period. However, 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 modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
The defectiveness is 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 Company will take the greatest possible care in receiving and executing orders for products.
The place of delivery will be the address communicated to the Company by the consumer.
In compliance with the provisions of article 4 of these general terms and conditions, the Company will execute accepted orders promptly, and at the latest within 30 days, unless the Consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be executed in part, the consumer will be informed of this no later than 30 days after the order has been placed. In this case, the consumer will have the right to cancel the contract free of charge and will be entitled to any compensation.
In the event of dissolution under the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If the delivery of an ordered product proves to be impossible, the trader will endeavour to provide a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of the products remains with the trader until the moment of delivery to the consumer or to a representative designated in advance and notified to the trader, unless expressly agreed otherwise.
Article 12 - Term Transactions: Duration, Termination and Renewal
Termination
The consumer may terminate an open-ended contract concluded for the periodic supply of products (including electricity) or services at any time, subject to the applicable termination rules and a maximum notice period of one month.
The consumer may terminate a fixed-term contract for the periodic supply of products (including electricity) or services at any time before the end of the fixed term, in accordance with the applicable termination rules and with a notice period not exceeding one month.
The consumer may terminate the contracts referred to in the previous paragraphs at any time:
at any time and not be limited to termination at a specific time or during a specific period
terminate them at least in the same way as he concluded them;
always with the same period of notice that the trader has given himself.
Renewal
A fixed-term contract concluded for the regular supply of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and periodicals may be tacitly renewed for a fixed term not exceeding three months, provided that the consumer can terminate the renewed contract at the end of the renewal period with a notice period not exceeding one month.
A fixed-term contract for the regular supply of goods or services may be tacitly renewed for an indefinite period only if the consumer may terminate it at any time with a notice period not exceeding one month, or three months if the contract concerns the regular supply of daily or weekly newspapers or magazines, but less frequently than once a month.
A fixed-term contract for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly renewed and ends automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after the first year with a notice period of up to one month, unless it is not reasonable and fair to terminate the contract before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the sums owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period shall begin after the consumer has received confirmation of the agreement.
The consumer is obliged to notify the trader immediately of any inaccuracies in the payment details provided or mentioned.
In the event of non-payment by the consumer, the trader shall be entitled, subject to legal restrictions, to charge the reasonable costs previously notified to the consumer.
Article 14 - Complaints procedure
Complaints about the execution of the agreement must be submitted to the trader within 7 days of the consumer discovering the defects, in full and with a clear description.
Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint is likely to take longer to resolve, the trader will respond within the 14 day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute arises which is subject to the dispute resolution procedure.
A complaint does not suspend the trader's obligations, unless the trader states otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Contracts between the trader and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law. Even if the consumer resides abroad.