Terms of service

GENERAL TERMS AND CONDITIONS 

 

1. Definitions

  1. Luna's Plants, established in Zoetemeer, Chamber of Commerce no. 90989686.

  2. Customer is the person with whom Luna's Plants has entered into an agreement.

  3. Parties: Luna's Plants and customer together.

  4. Consumer: a customer who is an individual acting for private purposes.

2. Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Luna's Plants. 

  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

3. Prices

  1. All prices used by Luna's Plants are in euros and exclusive of any other costs such as administration costs, levies and travel, shipping or transport expenses, unless expressly stated otherwise or agreed otherwise.

  2. Luna's Plants is entitled to adjust all prices for its products or services at any time. 

  3. Increases in the cost prices of products or parts thereof, which Luna's Plants could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 

  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3.3, unless the increase is the result of statutory regulation.

4. Right of cancellation 

  1. A consumer may cancel an online purchase during a period of 7 days, provided that the product is in the same condition that is was shipped in.

  2. The reflection period of 7 days as referred to in paragraph 4.1 commences on the day after the consumer has received the last product or part of one order

  1. The consumer can notify his right of cancellation within 24 hours after receiving the product.

  2. The consumer is obliged to ship the product to Luna's Plants within 2 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.

  3. The costs for return are paid by the customer. 

  4. Luna's Plants will only refund the costs of the product to the consumer within 7 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product in time.

5. Suspension of obligations by the customer

The customer waives the right to suspend the fulfilment of any obligation arising from this agreement.

6. Right of retention 

  1. Luna's Plants can appeal to his right of retention of title and in that case retain the products sold to the customer until the customer has paid all outstanding invoices with regard to Luna's Plants.

  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Luna's Plants.

  3. Luna's Plants is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

7. Delivery 

  1. Delivery takes place while stocks lasts. 

  2. Delivery of products ordered online takes place at the address indicated by the customer. 

8. Delivery period

  1. Any delivery period specified by Luna's Plants is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.

  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Luna's Plants. 

  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Luna's Plants cannot deliver within 60 days late or if the parties have agreed upon otherwise.

9. Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

10. Transport costs 

Transport costs are on behalf of the customer unless stated otherwise. 

11. Packaging and shipping 

If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which, Luna's Plants may not be held liable for any damage.

    11. Indemnity

    The customer indemnifies Luna's Plants against all third-party claims that are related to the products and/or services supplied by Luna's Plants. 

    12. Complaints

    1. The customer must examine a product provided by Luna's Plants as soon as possible.

    2. If a delivered product does not comply with what the customer could reasonably expect from the agreement, the customer must inform Luna's plants of this as soon as possible, but in any case within 2 days after the discovery of the shortcomings. 

    3. The customer gives a detailed description as possible of the shortcomings, so that Luna's Plants is able to respond adequately. 

    4. While filling a complaint, the customer must provide pictures or videos from the delivered product, taken uppon receiving of the goods.

    5. The customer must demonstrate that the complaint relates to an agreement between the parties.

    13. Giving notice

    1. The customer must provide any notice of default to Luna's Plants in writing.

    2. It is the responsibility of the customer that a notice of default actually reaches Luna's Plants (in time). 

    14. Liability of Luna's plants

    1. Luna's Plants is never liable for indirect damages, such as damage through shipping or consequential loss or damage to third parties.

    2. All images, photos, colours, drawings, descriptions on the website are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

    15. Dissolution

    1. The customer has the right to dissolve the agreement if Luna's Plants imputably fails in the fulfilment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 

    2. If the fulfilment of the obligations by Luna's Plants is not permanent or temporarily impossible, dissolution can only take place after Luna's Plants is in default. 

    3. Luna's Plants has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfil his obligations under the agreement, or if circumstances give Luna's Plants good grounds to fear that the customer will not be able to fulfil his obligations properly. 

    16. Force majeure

    1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Luna's Plants in the fulfilment of any obligation to the customer cannot be attributed to Luna's Plants in any situation independent of the will of Luna's Plants, when the fulfilment of its obligations towards the customer is prevented in whole or in part or when the fulfilment of its obligations cannot reasonably be required from Luna's Plants. 

    2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 

    3. If a situation of force majeure arises as a result of which Luna's Plants cannot fulfil one or more obligations towards the customer, these obligations will be suspended until Luna's Plants can comply with it. 

    4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 

    5. Luna's Plants does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

    17. Modification of the agreement

    If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. 

    18. Changes in the general terms and conditions

    1. Luna's Plants is entitled to amend or supplement these general terms and conditions. 

    2. Changes of minor importance can be made at any time. 

    3. Major changes in content will be discussed by Luna's Plants with the customer in advance as much as possible.

    4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

     

    19. Luna's Plants right of cancellation / Refusal of Orders

    19.1 Luna’s Plants reserves the right to refuse, cancel, or terminate any order or customer account, at any stage prior to or after order confirmation, where there are reasonable grounds to believe that the order or customer is involved in fraud, abuse of rights, misuse of refund or chargeback mechanisms, repeated unjustified complaints, or other bad-faith conduct.

    19.2 Such grounds may include, but are not limited to:

    • repeated claims of non-delivery or damage inconsistent with shipping records;

    • abusive use of refund or chargeback procedures;

    • provision of false, misleading, or incomplete information;

    • attempts to circumvent store policies or safeguards;

    • behavior that creates disproportionate commercial or logistical risk.

    19.3 In the event of cancellation under this clause, Luna’s Plants shall refund any amounts already paid for goods not delivered, using the original method of payment, unless the cancellation results from proven fraudulent conduct.

    19.4 The exercise of this right shall not constitute discrimination, as decisions are based solely on objective business and risk-management criteria.

    19.5 Luna’s Plants may retain limited customer data for the sole purpose of fraud prevention and abuse mitigation, in accordance with applicable data-protection laws.

    20. Applicable law and competent court

    1. Dutch law is exclusively applicable to all agreements between the parties. 

    2. The Dutch court in the district where Luna's Plants is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

     

     

    Drawn up on August 3rd, 2023. Â