TERMS & CONDITIONS
These terms and conditions were last amended on: July 7, 2023.
Company data
These General Terms and Conditions govern the contractual relationship between the customer and Luna E Dolore, acting as a self-employed natural person, of whom Luna E Dolore is located at Rogier de Kerchovestraat 11, 8720 Dentergem and registered with the Crossroads Bank for Enterprises under number 0795.866.885, hereinafter referred to as 'Luna E Dolore';
E-mail adres: info@lunaedolore.com
Website: www.luna-e-dolore.com
Bank account: BE22 3771 3072 7947
BIC Code: INGBNL2A
Article 1 – General
§1. "Customer" means the private person who is not a professional and who calls on the services of or purchases the products of Luna E Dolore.
§2. These general terms and conditions govern the contractual relationship between the Customer and Luna E Dolore.
§3. Luna E Dolore operates an online store and offers a variety of online purchases, except food and medicine, on its Website.
§4. These terms and conditions apply to any purchase made by the Customer on the Website. They apply both to sales in Belgium and abroad via the Website and relate to the entire contractual relationship between Luna E Dolore and the Customer, from placing the order to payment and delivery.
§5. These general terms and conditions take precedence over all other general or special terms and conditions. They can be changed by Luna E Dolore at any time. In that case, Luna E Dolore undertakes to notify the Customer and the amended terms and conditions will automatically apply to any subsequent online purchase by the Customer on the Website.
Article 2 - Online purchase procedure and price
§1. The offer and prices of Luna E Dolore are described on the Website. All stated prices are expressed in EURO, for private individuals the price including VAT will also be stated.
§2. 1. the Customer logs in to the Luna E Dolore Website and selects the items that he places in his shopping cart. The Customer therefore indicates that he wishes to place an order. 2. After registration, the Customer enters his delivery and billing data. The total amount of the order, including all taxes and shipping costs, is indicated. 3. After receiving a complete overview of his order, the Customer confirms that he is prepared to proceed with payment. 4. Once all requested information has been filled in by the Customer, he must select his preferred payment method. The details of the bank card used are not disclosed to Luna E Dolore. The confidentiality of this information is therefore guaranteed. 5. Payment is requested from the relevant financial institution. 6. The Customer receives the result of the transaction by e-mail, which he can print and keep as proof. 7. Luna E Dolore provides after-sales service and sends the package to the Customer in accordance with these general terms and conditions. Any change made by the Customer will result in a change to the order confirmation and, where applicable, to the stated total cost price.
§3. In any case, the products placed in a basket or ordered online remain the property of Luna E Dolore until full payment.
§4. The Customer remains solely responsible for its contact details. The Customer is obliged to make the necessary changes to his data on the Website, for example in the case of a new e-mail address, to enable the correct execution of step 6.
§5. The prices indicated on the Website are valid on the date of consultation and are subject to change. The final price is communicated to the Customer at the time of the confirmation of the sale on the Website.
§6. The Website has been prepared with the utmost care. It is intended to present the products offered by Luna E Dolore. The information on the Website is subject to change. The Customer is therefore requested to check the information in his possession before making contact. Under no circumstances will Luna E Dolore be contractually bound by any information made available on the Website.
Article 3 - Agreement of the customer and contractual documents
By approving his order, the Customer indicates that he wishes to conclude a purchase contract subject to these general terms and conditions. The Customer also declares that all information provided about him is correct and valid. Luna E Dolore cannot be held liable for any errors in this regard.
Article 4 – Discounts
§1. Reductions or discounts may be granted to the Customer. Where appropriate, a specific code can be entered on the Website. These reductions or discounts do not constitute a right of the Customer. Its allocation takes into account the existing professional relationship between Luna E Dolore and the Customer and/or the quantities of products ordered. Moreover, these reductions or discounts are strictly related to the order in question and are by no means general.
Article 5 - Cancellation of an order by Luna E Dolore
§1. In case of cancellation of the Order by Luna E Dolore, for reasons beyond its control (for example: unavailability of the ordered product, bankruptcy of a supplier, etc...), Luna E Dolore undertakes to offer the Customer an equivalent product. The Customer is free to accept or refuse.
§2. Luna E Dolore reserves the right to cancel or refuse an order that would be contrary to public order and morality.
Article 6 - Specific provisions for implementation
In any case, the Customer undertakes: (i) to provide Luna E Dolore with the information and documents necessary for the proper execution of the Products purchased on the Website (dimensions, measurements, etc.); (ii) accept that the performance of the Products is subcontracted in whole or in part to third parties party to the contract referred to in these terms and conditions.
Article 7 - Execution terms
A delivery period is stated on the order form or on the Website [FD1]. This term is only mentioned for information and does not bind Luna E Dolore. Luna E Dolore undertakes to make every effort to ensure that delivery deadlines are respected. However, it shall not be liable in any way in the event of delays in terms due to reasons beyond its control (e.g. illness, accident, force majeure, technical and/or computer problems, etc.).
In such case, Luna E Dolore does not owe the Customer any payment to compensate for the delay.
Any delay attributable to the Customer will result in an extension of the execution times.
Article 8 - Delivery term and method
§1. The delivery times stated on the quotation or order are only stated by way of indication. They do not bind Luna E Dolore in any way. In case of delivery after this date, the Customer does not have the option to consider the sale as null and void.
§2. Luna E Dolore reserves the right not to deliver during certain periods. Luna E Dolore undertakes to inform its customers in advance. Luna E Dolore will deliver the orders placed as soon as its activities resume.
§3. Luna E Dolore behoudt zich het recht voor om gedurende bepaalde perioden niet te leveren. Luna E Dolore verbindt zich ertoe haar klanten vooraf in te lichten. Luna E Dolore zal de geplaatste bestellingen leveren zodra haar activiteiten hervatten.
§4. The Customer opts for one of the following delivery methods: (i) delivery by Luna E Dolore, (ii) delivery by an external carrier at home or at a collection point. Based on the delivery method chosen by the Customer, a fixed amount to cover the delivery costs will be added to the amount of the order, as stated in Article 2.
§5. Moreover, Luna E Dolore cannot be held liable under any circumstances if it does not take care of the delivery of the order itself. If the Customer opts for delivery by carrier, the risks associated with the carrier are therefore solely borne by the carrier, as soon as the Order to be delivered has been delivered to the carrier. If the Customer chooses to collect his order in person, the risks associated with the transport are borne by the Customer as soon as he receives his order. In the event of damage to the ordered goods as a result of transport and for reasons that cannot be attributed to Luna E Dolore, Luna E Dolore may agree, in consultation with the Customer, to replace the Customer's Order. The replacement times are identical to the original delivery times of the order, as stated above.
§6. Upon receipt of the order, the Customer is obliged to check the order before the delivery person leaves or when he receives it. Any defect must be reported immediately to the delivery person and the order must be refused. Rejected products will be returned to Luna E Dolore who will investigate whether it can be held liable and, if necessary, send a new order.
§7. In any case, in case of loss of an order, the Customer is requested to contact Luna E Dolore by email info@lunaedolore.com.
Article 9 - Right of withdrawal
§1. The Customer has a right of withdrawal of 14 days after taking possession of the Products.
§2. In his withdrawal letter, the customer must state his surname, first name, postal address, e-mail address, telephone number and order number and indicate which product(s) is/are being returned.
§3. This right of withdrawal can only be exercised if the products purchased on the Website have not been used or modified in any way and if the original packaging is not damaged, if the seals are intact and if they are accompanied by the purchase invoice.
§4. This right of withdrawal does not apply to products (I) that are custom-made, (II) that are on sale, (III) that are not in stock, (IV) or that are on promotion on the occasion of certain events. In this case, the products will not be taken back, refunded or exchanged.
§5. This right of withdrawal gives the Customer the opportunity to return the items to Luna E Dolore at its own expense within 14 days after sending the request. Luna E Dolore undertakes to refund all payments received by transferring them to the bank account with which the online payment was made by the Customer or by offering vouchers of equal value to the price of the returned product on the Website.
§6. Provided that the right of withdrawal is exercised in the manner and under the conditions set out in this article, the Customer will receive a refund of the purchase within 14 days from the date of receipt by Luna E Dolore of the returned product.
Article 10 - Guarantee and return of defective products
§1. A legal guarantee of 2 years applies to the products sold. Second-hand products are covered by a 1-year warranty.
§2. The legal guarantee applies exclusively to defects in conformity existing at the time of delivery of the products, excluding: (i) all direct or indirect damage caused to the product after delivery, (ii) any replacement of elements or accessories that require regular replacement, (iii) all damage resulting from fire, water damage, lightning strike, accident or other natural disasters; (iv) any defect caused intentionally or negligently, through poor maintenance or abnormal use; (v) any damage resulting from commercial, professional or collective use.
§3. The lack of conformity must be reported to Luna E Dolore within 2 months of its discovery. If not, the legal guarantee no longer applies.
Article 11 - Obligation of means
Luna E Dolore is only bound by an obligation of means, unless expressly stated otherwise. Luna E Dolore undertakes to make every effort to perform the Service or the Order. However, Luna E Dolore may not use resources that are disproportionate to the goal to be achieved.
Article 12 - Limitation of Liability
§1. Luna E Dolore will not be held liable under any circumstances for:
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If an offer of goods has a limited period of validity or is subject to certain conditions, this will be clearly stated with the relevant offer on the Website.
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An offer of goods is always valid as long as stocks last and can be adjusted or withdrawn at any time. Luna E Dolore cannot be held responsible for the unavailability of a product.
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The offer of goods contains a description and indicative images of the products offered to give the Customer a clear picture of the product. Some products are handmade. Obvious mistakes or errors in the offer do not bind Luna E Dolore. Luna E Dolore is in no way liable if manifest material errors, typesetting or printing errors occur. Nor can Luna E Dolore be held responsible for (color) deviations as a result of screen display.
§2. Luna E Dolore makes every effort to ensure the delivery of quality products. Luna E Dolore can under no circumstances be held liable for defects resulting from the actions of a third party.
§3. Luna E Dolore is in no way liable for the indirect consequences of the use of the products, in particular in the event of an allergic reaction to a component or in the event of damage resulting from an abnormal, unusual or non-intended use of the products.
§4. Luna E Dolore sells its products within the framework of the legislation applicable to the sale of the products concerned.
§5. Luna E Dolore is in no way liable for the non-execution of the sale of the products due to force majeure, breakdowns, strikes of public services of any kind, or other similar events.
§6. Luna E Dolore is in no way liable for the harmful consequences that the Customer or third parties experience due to improper use of the purchased product. The Customer is expected to use the product in accordance with the instructions for use. Any other use is the sole responsibility of the Customer. Under no circumstances may the Customer carry out a commercial activity of resale or rental of the purchased products. The activity of Luna E Dolore is exclusively for the own use of consumers.
Article 13 - Intellectual property
§1. The entire content of the Luna E Dolore Website is the property of Luna E Dolore. This content is copyright protected. As such, this content may not be copied, reproduced or used for purposes other than those that may be assigned to the Customer, without the permission of Luna E Dolore, owner of the Website.
§2. All elements produced by Luna E Dolore and made available to the customer are subject to intellectual property law. Luna E Dolore expressly authorizes the Customer to use them within the framework and limits of the Services and for the purposes related to their implementation. Any other use, in particular but without limitation, reproduction or communication to third parties, is subject to the express authorization of Luna E Dolore, which may, where appropriate, demand payment of the intellectual property right.
§3. The intellectual rights relating to all elements of the services and products provided are and remain the property of Luna E Dolore.
Article 14 – Personal data
All personal data of the customer as defined in the European data protection regulation 2016/679 (GDPR) is processed in accordance with this regulation. This data will only be processed and kept for the proper performance of the contractual relationship between the parties and will under no circumstances be passed on to third parties for any other purpose. Consult the privacy policy of Luna E Dolore in this regard.
Article 15. Use of cookies
The Website uses cookies. We refer to the Cookie Policy, which can be found via the homepage of the Website and this link.
Article 16 - Collection of testimonials
§1. The services that Luna E Dolore performs on behalf of the Customer can at all times be used anonymously by Luna E Dolore for reference purposes. Luna E Dolore undertakes to obtain the Customer's consent for references expressly stating the Customer's details.
§2. Luna E Dolore may ask the Customer to provide written, oral or visual testimony on the quality of the products, the performance of the services and their personal impact. The Customer is free at any time to refuse to provide such testimony. If he accepts, Luna E Dolore will ask him to give his formal consent in writing. Testimonials collected by Luna E Dolore may be used for documentary or reference purposes.
Article 17 - Complaints
§1. Any complaint by the Customer, with the possible exception of those referred to in an article, must be submitted in writing no later than 8 days after the occurrence of the event giving rise to the complaint, with the postmark as proof. Luna E Dolore undertakes to make every effort to find an amicable solution acceptable to all parties. Insofar as the Customer files a complaint within the aforementioned deadlines and insofar as Luna E Dolore accepts this complaint, the amount of the complaint shall be limited to the value of the Products or Services concerned.
§2. Complaints regarding the purchased Product must be submitted in writing (by letter or e-mail) to the Seller within 8 calendar days from the day after the delivery date. In the case of a complaint by letter, the postmark shall serve as proof. If no complaint is submitted within this period, no complaint shall be accepted.
§3. Insofar as the Customer files a complaint within the aforementioned periods and insofar as Luna E Dolore accepts it, the amount of the complaint shall be limited to the amount of the product in question less the actual costs incurred by Luna E Dolore (in particular delivery costs, if applicable).
§4. Any return of a product, for whatever reason, is the exclusive responsibility of the Customer. Under no circumstances will Luna E Dolore assume the return costs.
Article 18- Nullity
The possible nullity of a provision of these general terms and conditions shall not affect the validity of the whole of these general terms and conditions. If a clause is declared null and void, the parties undertake to conclude a clause of similar purport and include it in these general terms and conditions.
Article 19 - Application of Belgian law
§1. Belgian law shall apply to these general terms and conditions and to any dispute concerning the validity, interpretation or execution of these general terms and conditions.
§2. All provisions not provided for in these general terms and conditions shall be governed by Belgian law.
Article 20 - Competent courts
In the event of a dispute, preference shall be given to mediation between Luna E Dolore and the Customer. However, if no agreement seems possible after that meeting, the courts of the judicial district of Luna E Dolore's registered office shall be competent.