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Legal notice

General terms and conditions of sale

Contents


Article 1 - Definitions

The following terms and definitions apply to this agreement:

  1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
  2. Consumer: the natural person who is not acting in the course of a profession or business and who concludes a distance contract with the trader;
  3. Day: calendar day;
  4. Long-term transaction: a distance contract relating to a series of products and / or services, the obligation to supply and / or purchase of which is spread over time;
  5. Durable medium: any means that enables the consumer or the trader to store information addressed to them personally, in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Model form: the model withdrawal form that the trader makes available for a consumer to complete when they wish to exercise their right of withdrawal;
  8. Trader: the natural or legal person who offers products and / or services to consumers at a distance;
  9. Distance contract: an agreement whereby, within the framework of a system organised by the trader for the distance selling of products and / or services, one or more means of distance communication are used up to and including the conclusion of the agreement;
  10. Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader being in the same room at the same time;
  11. General terms and conditions: these general terms and conditions of the trader.

Article 2 - Identity of the trader

Name of the trader: MoonLodge ASBL

Trading under the name / names:

MoonLodge ASBL

Hekslaan 50
3870 HEKS (Belgium)
VAT number: BE0634863317

Business address:

Hekslaan 50
3870 HEKS (Belgium)
Telephone number Belgium: +32 478 15 42 35

Availability:

Monday to Friday from 9 am to 5 pm
E-mail: info@moojo-cacao.be

 

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
  2. 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, it will be indicated, before the distance contract is concluded, that the general terms and conditions can be consulted, and they will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, then, by way of derogation from 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 the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically, and they will be sent free of charge at the consumer's request, electronically or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
  5. If one or more provisions of these general terms and conditions are at any time wholly or partly null and void or annulled, the contract and these terms and conditions remain in force and the provision in question will be replaced by a provision that comes as close as possible to the original.
  6. Situations that are not governed by these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
  7. Uncertainties concerning the interpretation or content of one or more provisions of our general terms and conditions must be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be stated explicitly in the offer.
  2. The offer is without obligation. The trader is entitled to modify and adjust the offer.
  3. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the trader uses images, these are a true reflection of the products and / or services offered. Obvious errors or manifest mistakes in the offer are not binding on the trader.
  4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or to dissolution of the contract.
  5. Product images are a true reflection of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the manner in which the agreement will be concluded and which actions are required for this purpose;
    • whether or not the right of withdrawal applies;
    • 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 for distance communication if the costs of using the means of distance communication are calculated on a basis other than the normal basic rate for the means of communication used;
    • whether the agreement is archived after its conclusion and, if so, how it can be consulted by the consumer;
    • the manner in which the consumer, before concluding the contract, can check the data they have provided in the context of the contract and correct it if necessary;
    • any other language in which, in addition to English, the contract may be concluded;
    • the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of a long-term transaction.
    • Optional: available sizes, colours, type of materials.

Article 5 - The contract

  1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and the corresponding conditions are met.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the contract.
  3. If the agreement is created electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
  4. The trader may, within the limits of the law, ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors that are relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good reasons not to conclude the agreement, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.
  5. With the product or service, the trader will send the following information in writing, or in such a way that the consumer can store it in an accessible manner on a durable medium:
  6. the visiting address of the trader's establishment where the consumer can lodge complaints;
  7. the conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. information on existing warranties and after-sales service;
  9. the information referred to in Article 4, paragraph 3, of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the contract;
  10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  11. In the case of a long-term transaction, the provision of the previous paragraph applies only to the first delivery.
  12. Each agreement is concluded subject to sufficient availability of the products concerned.

Article 6 - Right of withdrawal

Upon delivery of products:

  1. When purchasing products, the consumer has the option of terminating the contract without giving any reason within a period of 14 days. This withdrawal period starts on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the trader.
  2. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the trader with all accessories and, if reasonably possible, in its original condition and packaging, in accordance with the clear and reasonable instructions provided by the trader.
  3. If the consumer wishes to exercise their right of withdrawal, they must inform the trader within 14 days of receiving the product. The consumer must do so by means of the model form. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of postage.
  4. If, after expiry of the periods set out in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal, or the product has not been returned to the trader, the sale is final.

Upon provision of services:

  1. When services are provided, the consumer has the option of terminating the contract without giving any reason for at least 14 days from the day on which the contract is concluded.
  2. In order to exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and / or at the latest upon delivery.

Article 7 - Costs in the event of withdrawal

  1. If the consumer exercises their right of withdrawal, the cost of returning the goods is borne by the consumer.
  2. If the consumer has paid an amount, the trader will refund this amount as soon as possible and no later than 14 days after the withdrawal. This is however subject to the condition that the product has been received back by the trader, or that conclusive proof of the complete return can be submitted.

Article 8 - Exclusion of the right of withdrawal

  1. The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
    1. which have been made by the trader in accordance with the consumer's specifications;
    2. which are clearly personal in nature;
    3. which cannot be returned due to their nature;
    4. which are liable to deteriorate or expire rapidly;
    5. the price of which is subject to fluctuations in the financial market over which the trader has no influence;
    6. for loose newspapers and magazines;
    7. for audio and video recordings and computer software of which the consumer has already broken the seal.
    8. for hygiene products of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    1. relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
    2. the provision of which has begun with the consumer's consent before the cooling-off period has expired;
    3. relating to betting and lotteries.

Article 9 - The price

  1. During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, at variable prices. This link to fluctuations and the fact that the prices stated are target prices will be indicated in the offer.
  3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory provisions or regulations.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
    1. they are the result of statutory regulations or provisions; or
    2. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.
  6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of a printing or typing error, the trader is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

  1. The trader guarantees that the products and / or services comply with the agreement, with the specifications stated in the offer, with reasonable requirements of soundness and / or usefulness, and with the statutory provisions and / or government regulations in force on the date the agreement was concluded. If so agreed, the trader also guarantees that the product is suitable for a use other than normal use.
  2. A warranty provided by the trader, the manufacturer or the importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.
  3. Any defect or incorrectly delivered product must be reported to the trader in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
  4. The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never liable 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.
  5. The warranty does not apply if:
    • the consumer has repaired and / or processed the delivered products themselves or has had them repaired and / or processed by third parties;
    • the delivered products have been exposed to abnormal conditions or to careless handling, or handling contrary to the trader's instructions and / or the instructions on the packaging;
    • the defect, in whole or in part, is the result of regulations that the government has adopted or will adopt regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

  1. The trader will take the greatest possible care when receiving and carrying out orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has communicated to the company.
  3. Subject to the provisions of paragraph 4 of this article, the company will carry out accepted orders no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order can only be carried out in part, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to compensation.
  4. All delivery periods are indicative. The consumer cannot derive any rights from the periods stated. Exceeding a period does not entitle the consumer to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible and no later than 14 days after termination.
  6. If delivery of an ordered product proves impossible, the trader will endeavour to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the trader.
  7. The risk of damage to and / or loss of the products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Long-term transactions: duration, termination and extension

Termination

  1. The consumer may terminate at any time a contract concluded for an indefinite period that extends to the regular delivery of products (including electricity) or services, in compliance with the agreed termination rules and subject to a notice period of one month.
  2. The consumer may terminate a contract concluded for a fixed period that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed period, in compliance with the agreed termination rules and subject to a notice period of no more than one month.
  3. With regard to the agreements referred to in the previous paragraphs, consumers may:
    • terminate at any time and not be limited to termination at a specific moment or during a specific period;
    • at least terminate in the same manner as that in which the agreement was entered into by them;
    • always terminate with the same notice period as the trader has stipulated for itself.

Extension

  1. A contract concluded for a fixed period that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  2. Notwithstanding the previous paragraph, a contract concluded for a fixed period that extends to the regular delivery of daily and weekly newspapers, as well as magazines and weeklies, may be tacitly renewed for a fixed period of no more than three months, if the consumer agrees to this extended agreement. The extension may be terminated at its end with a notice period not exceeding one month.
  3. A contract concluded for a fixed period that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period and only if the consumer may terminate at any time with a notice period not exceeding one month, and a notice period not exceeding three months where the agreement extends to the regular delivery of daily newspapers, news publications, weeklies and magazines.
  4. A contract of limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period.

Duration

  1. If a contract has a duration of more than one year, the consumer may terminate it at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of services: once the consumer has received confirmation of the agreement.
  2. The consumer is obliged to report to the trader without delay any inaccuracies in the payment details provided or stated.
  3. In the event of default by the consumer, the trader is entitled, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

  1. The trader has a well-publicised complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints regarding the performance of the contract must be submitted to the trader, fully and clearly described, within seven days of the day on which the consumer discovered the defects.
  3. Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, the dispute is submitted to a dispute settlement scheme
  5. In the event of a complaint, the consumer must first contact the trader.
  6. A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
  7. If a complaint is found to be justified by the trader, the trader will, at its discretion, replace or repair the products, or the products will be delivered free of charge.

Article 15 - Disputes

  1. Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Belgian law, without prejudice to the protection the consumer derives from the mandatory provisions of the law of the country in which they have their habitual residence.
  2. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Provisions that supplement or deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing, or in such a way that the consumer can store them in an accessible manner on a durable medium.