General terms and conditions of Jewels by Moon, located in The Hague.
Version valid from 20-12-2017
1.1 These general conditions apply to all offers by Jewels by Moon. The conditions are accessible to everyone and included on the Jewels by Moon website. We will send you a written copy on request.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. Jewels by Moon reserves the right to change the delivery and / or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Jewels by Moon.
1.4 Jewels by Moon guarantees that the delivered product meets the agreement and meets the specifications as stated in the offer.
2.1 Delivery takes place while stocks last.
2.2 Within the framework of the rules for the remote purchase, Jewels by Moon will execute orders within 30 days. If this is not possible (because the order is not in stock or is no longer available), or if there is a delay for other reasons, or an order can not or only partially be carried out, the consumer will receive within 1 month after the installation of the order and in that case he has the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of Jewels by Moon will be fulfilled, subject to proof to the contrary, once the goods delivered by Jewels by Moon have been offered to the customer once. For home delivery, the carrier’s report, which includes the refusal of acceptance, is the complete proof of the delivery offer.
2.4 All conditions stated on the website are indicative. No rights can therefore be derived from these conditions.
3.1 Prices are not increased within the duration of the offer, unless statutory measures make this necessary or if the manufacturer makes interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
3.3 All prices on the site are in euros and include 21% VAT.
4. Visibility period / right of withdrawal
4.1 The exchange of piercings is not possible for hygienic reasons.
5. Data management
5.2 Jewels by Moon respects the privacy of the users of the internet site and ensures the confidentiality of your personal data.
5.3 Jewels by Moon makes use of a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
6. Guarantee and conformity
6.1 The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions that exist on the date of conclusion of the agreement. and / or government regulations.
6.2 A regulation offered by the entrepreneur, manufacturer or importer as guarantee has no influence on the rights and claims that the consumer can assert against the entrepreneur in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur under the law and / or the distance contract.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it turns out that the delivered article is incorrect, inadequate or incomplete, the customer must report these defects to Jewels by Moon immediately in writing (before returning to Jewels with the moon). Any defects or incorrectly delivered goods must and can be reported in writing to Jewels by Moon up to a maximum of 2 months after delivery. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after detection of shortcoming, damage arising after detection of shortcoming, encumbrance and / or resale after detection of defect, you do this right to complain and return completely invalid.
6.4 If Jewels by Moon’s complaints are deemed to be well-founded by Jewels by Moon, Jewels by Moon will at its option or the delivered items be replaced free of charge or with the customer a written arrangement on the compensation, with the understanding that the liability of Jewels by Moon and therefore the amount of the compensation is always limited to a maximum of the invoice amount of the goods in question, or (at the choice of Jewels by Moon) to the maximum amount covered in the relevant case by the liability insurance of Jewels by Moon. Any liability of Jewels by Moon for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential loss or damage due to lost profits.
6.5 Jewels by Moon is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.
6.6 This warranty does not apply if: A) and as long as the customer is in default towards Jewels by Moon; B) the customer has repaired the delivered goods himself and / or processed or has third parties repaired or processed. C) the delivered goods are exposed to abnormal circumstances or otherwise careless handling or contrary to the instructions of Jewels by Moon and / or instructions on the package are treated; D) the defect is wholly or partially the result of regulations that the government has made or will make regarding the nature or the quality of the materials used;
7.1 Offers are without obligation, unless otherwise stated in the offer.
7.2 Upon acceptance of a non-committal offer by the buyer, Jewels by Moon reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Verbal promises only bind Jewels by Moon after these have been explicitly confirmed in writing.
7.4 Jewels by Moon offers do not automatically apply to repeat orders.
7.5 Jewels by Moon can not be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
7.6 Additions, changes and / or further agreements are only valid if agreed in writing.
8.1 An agreement between Jewels by Moon and a customer comes about after an order assignment by Jewels by Moon has been assessed for feasibility.
8.2 Jewels by Moon reserves the right not to accept orders or orders without giving reasons or to accept them exclusively on the condition that the shipment is made cash on delivery or after payment in advance.
9. Images and specifications
9.1 All images; photographs, drawings etc .; eg data concerning weights, dimensions, colors, images of labels, etc. on the website of Jewels by Moon are only approximate, are indicative and can not lead to damages or dissolution of the agreement.
10. Force Majeure
10.1 Jewels by Moon is not liable, if and insofar as her obligations can not be fulfilled as a result of force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delay or default by our suppliers, disruptions in the Internet, faults in the electricity, malfunctions in e-mail traffic and malfunctions or changes in technology provided by third parties, transport problems, strikes, government measures, delays in the supply, negligence of suppliers and / or manufacturers of Jewels by Moon as well as of auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
10.3 In case of force majeure, Jewels by Moon reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement is amended so that execution remains possible. Under no circumstances is Jewels by Moon obliged to pay any fine or compensation.
10.4 If Jewels by Moon has partially fulfilled its obligations on the occurrence of the force majeure, or can only partly fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as it was a separate contract. However, this does not apply if the already delivered or deliverable part does not have an independent value.
11.1 Jewels by Moon is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, read the instructions on the packaging and / or consult our website.
11.2 If you have chosen the ‘Mailbox package’ option during checkout, so without Track & Trace, we are not liable if your order does not arrive. This applies to orders placed from July 1, 2020.
12. Reservation of ownership
12.1 Ownership of all goods sold and delivered by Jewels by Moon to the buyer remains with Jewels by Moon as long as the customer has not fulfilled Jewels by Moon’s claims under the agreement or earlier or later similar agreements, as long as the customer has performed the or work still to be performed from these or similar agreements has not yet been paid and as long as the customer has not yet fulfilled the claims of Jewels by Moon due to shortcomings in the fulfillment of such commitments, including claims in respect of fines, interest and costs, a and others as referred to in Section 3:92 of the Dutch Civil Code.
12.2 The goods delivered by Jewels by Moon which fall under the retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.
12.3 The customer is not entitled to pledge the goods falling under the retention of title or encumber them in any other way.
12.4 The customer gives unconditional and irrevocable consent to Jewels by Moon or a third party to be appointed by Jewels by Moon, in all cases in which Jewels by Moon wishes to exercise its property rights, to enter all those places where its properties will be located. and to take those things there.
12.5 If third parties seize goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform Jewels by Moon of this as soon as reasonably may be expected.
12.6 The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection at Jewels by Moon on first request.
13. Applicable law / competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes resulting from an agreement between Jewels by Moon and buyer, which can not be resolved by mutual agreement, shall be heard by the competent court within the district of The Hague, unless Jewels by Moon prefers the difference to the competent court. of the domicile of the buyer, and with the exception of those disputes that belong to the competence of the subdistrict court.