General terms and conditions
ARTICLE 1 – DEFINITIONS
In these Terms and Conditions, the following definitions apply:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;
Continuing transaction: a distance contract relating to a series of products and/or services for which the delivery and/or purchase obligation is spread over time;
Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement concluded within the framework of an organized system for distance sales or services by the entrepreneur, whereby exclusive use is made of one or more techniques for distance communication up to and including the moment the contract is concluded;
Technology for distance communication: any method that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place at the same time.
Terms and Conditions: these present Terms and Conditions of the entrepreneur.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Lunara-Mode.com
Address: Graaf Willemstraat 7, 2841 VE Moordrecht, Netherlands
Email: info@lunara-mode.com
Phone: +31 6 19 31 77 57
ARTICLE 3 – APPLICABILITY
These 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 concluding the distance contract, the consumer will be provided with the text of these Terms and Conditions. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the Terms and Conditions can be reviewed and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, then—contrary to the previous paragraph—the text of these Terms and Conditions may be provided to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, the consumer will be informed prior to concluding the contract where the Terms and Conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon request.
If specific product or service conditions apply in addition to these Terms and Conditions, the second and third paragraphs apply accordingly, and the consumer may always rely on the most favorable provision in case of conflicting conditions.
If one or more provisions in these Terms and Conditions are at any time wholly or partially void or declared void, the agreement and the remaining provisions will otherwise remain in force. The invalid provision will be replaced immediately by a valid provision that matches the original intent as closely as possible.
Situations not covered by these Terms and Conditions are to be assessed “in the spirit” of these Terms and Conditions.
Uncertainties regarding the interpretation or content of one or more provisions of these Terms and Conditions shall likewise be interpreted “in the spirit” of these Terms and Conditions.
ARTICLE 4 – THE OFFER
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot serve as grounds for compensation or cancellation of the contract.
Images accompanying the products are accurate representations of the offered products. The entrepreneur cannot guarantee that displayed colors precisely match the actual colors of the products.
Each offer contains information that clearly explains to the consumer what rights and obligations are associated with accepting the offer, including but not limited to:
- The price, excluding customs clearance fees and import VAT. These additional costs are the responsibility and risk of the customer. Postal and/or courier services will apply the special scheme for postal and courier services related to imports. This scheme applies when goods are imported into the destination country of the Union, which is also the case here. The postal and/or courier service will charge VAT (whether combined with customs fees or not) to the recipient of the goods;
- Any applicable shipping costs;
- The method by which the agreement will be concluded and which steps are required for this;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery, and execution of the contract;
- The period during which the offer may be accepted or the period during which the entrepreneur guarantees the price;
- The rate for distance communication if the use of a communication technique is calculated at a rate other than the basic standard rate;
- Whether the contract will be archived after conclusion and, if so, how it can be accessed by the consumer;
- The way in which the consumer can check and, if necessary, correct the information they provided before concluding the contract;
- All languages in which the agreement may be concluded in addition to Dutch;
- The codes of conduct to which the entrepreneur adheres and how the consumer can access them electronically; and
- The minimum duration of the distance contract in case of a continuing transaction. Optional: available sizes, colors, material types.
ARTICLE 5 – THE AGREEMENT
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set forth therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance electronically. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur shall implement appropriate technical and organizational measures to secure electronic data transmission and ensure a safe online environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may—within legal boundaries—obtain information regarding whether the consumer can meet their payment obligations, as well as any relevant facts important for responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has valid grounds not to enter into the contract, they may refuse an order or attach special conditions to its execution.
The entrepreneur shall provide the following information to the consumer with the product or service, in writing or in such a way that it can be stored on a durable data carrier:
- The visiting address of the entrepreneur’s business location to which the consumer may address complaints;
- The conditions under which and the method by which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- Information regarding warranties and existing customer service;
- The information listed in Article 4 paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided it to the consumer prior to contract execution;
- The conditions for terminating the contract if it has a duration of more than one year or is of indefinite duration.
In the case of a continuing transaction, the above applies only to the first delivery.
Every contract is concluded under the suspensive condition of sufficient availability of the products concerned.
ARTICLE 6 – RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the right to dissolve the contract without stating reasons within 30 days. This cooling-off period begins on the day after the consumer or a designated representative receives the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If exercising the right of withdrawal, the consumer shall return the product with all accessories and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions of the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 30 days after receiving the goods. This must be done in writing or via email. After notifying the entrepreneur, the consumer must return the product within 30 days. The consumer must be able to prove that the goods were returned on time, e.g., by presenting a shipping receipt.
If the consumer does not notify the entrepreneur of their intention to exercise the right of withdrawal within the specified periods or does not return the product, the purchase becomes final.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
If the consumer exercises their right of withdrawal, the return shipping costs are borne by the consumer.
If the consumer has already paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has been received or a valid proof of return has been submitted.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion applies only if the entrepreneur clearly stated this in the offer or at least before the contract was concluded.
The right of withdrawal may be excluded only for products:
- Produced according to consumer specifications;
- Clearly personal in nature;
- That cannot be returned due to their nature;
- That may perish or age quickly;
- Whose price depends on financial market fluctuations beyond the entrepreneur’s control;
- Single newspapers and magazines;
- Audio/video recordings or computer software whose seal has been broken by the consumer;
- Hygiene products whose seal has been broken.
The right of withdrawal may be excluded only for services:
- Related to accommodation, transportation, restaurants, or leisure activities on a specific date or during a specific period;
- Whose performance has begun with the consumer’s explicit consent before the cooling-off period has expired;
- Related to betting and lotteries.
ARTICLE 9 – THE PRICE
During the validity period stated in the offer, prices of products and/or services will not be increased, except for changes resulting from VAT rate adjustments.
If the price is lowered, the customer is not entitled to compensation. The customer agreed to the price at the time of purchase.
Contrary to the first paragraph, the entrepreneur may offer products or services with variable prices dependent on financial market fluctuations beyond the entrepreneur’s control. This dependency on fluctuations and the indicative nature of the prices will be stated in the offer.
Price increases within 3 months after concluding the contract are permitted only if based on legal regulations or provisions.
Price increases after 3 months are allowed only if agreed upon and:
- They follow from legal regulations or provisions; or
- The consumer has the right to terminate the contract as of the date the price increase takes effect.
The location of delivery is determined under Article 5 paragraph 1 of the Dutch VAT Act 1968 in the country where transport begins. In this case, the delivery takes place outside the EU. The postal or courier service will charge the consumer import VAT or customs clearance fees. Therefore, no VAT is charged by the entrepreneur.
All prices are subject to typographical and printing errors. No liability is accepted for such errors. In the event of errors, the entrepreneur is not obligated to deliver the product at the incorrect price.
ARTICLE 10 – CONFORMITY AND WARRANTY
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of reliability and usability, and applicable legal provisions existing at the time of contract conclusion. If agreed, the entrepreneur also guarantees suitability for a use other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be notified to the entrepreneur in writing within 30 days after delivery. Products must be returned in their original packaging and unused condition.
The warranty period corresponds to that of the manufacturer. The entrepreneur is never liable for the ultimate suitability of the products for each individual application by the consumer or for any advice regarding use or application.
The warranty does not apply if:
- The consumer has repaired and/or modified the products themselves or had them repaired or modified by third parties;
- The products have been exposed to abnormal conditions, handled carelessly, or treated contrary to instructions from the entrepreneur or packaging;
- The defect results wholly or partly from government regulations regarding the nature or quality of materials used.
ARTICLE 11 – DELIVERY AND EXECUTION
The entrepreneur shall exercise the utmost care in receiving and executing product orders.
The delivery address is the address provided by the consumer to the entrepreneur.
Subject to Article 4, the entrepreneur shall execute accepted orders promptly, but no later than 14 days, unless a longer delivery period has been agreed with the consumer.
If delivery is delayed or if an order cannot be fulfilled or only partially fulfilled, the consumer will be notified within 14 days of placing the order. The consumer may in such cases dissolve the contract free of charge and is entitled to compensation.
In the event of dissolution under the preceding paragraph, the entrepreneur shall refund all payments made by the consumer as soon as possible, but no later than 14 days.
If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to offer a substitute item. Upon delivery, the consumer will be clearly informed that a substitute product is being supplied. For substitute items, the right of withdrawal cannot be excluded. Any return costs are borne by the entrepreneur.
The risk of damage or loss of products rests with the entrepreneur until delivery to the consumer or a designated representative, unless otherwise expressly agreed.
ARTICLE 12 – CONTINUING TRANSACTIONS: DURATION, TERMINATION, AND RENEWAL
Termination
The consumer may terminate a contract of indefinite duration that involves regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
A fixed-term contract involving regular delivery of products or services may be terminated by the consumer at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate agreements specified above at any time and is not limited to termination at a specific time or during a specific period. Termination must be possible in the same way the agreement was entered into. The notice period for the consumer must never exceed that required of the entrepreneur.
Renewal
A fixed-term contract involving regular delivery of products (including electricity) or services may not be tacitly renewed for another fixed term.
Contrary to the previous paragraph, a fixed-term contract involving regular delivery of daily, news, or weekly newspapers or magazines may be tacitly renewed for a maximum of three months, provided the consumer may terminate the renewed agreement with one month’s notice.
A fixed-term contract involving regular delivery of products or services may only be tacitly renewed for an indefinite duration if the consumer may terminate at any time with no more than one month’s notice, or three months’ notice if the contract involves less-than-monthly delivery of newspapers or magazines.
A trial or introductory subscription for newspapers or magazines is not automatically extended and ends after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate it at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness justify continuation until the agreed end date.
ARTICLE 13 – PAYMENT
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period under Article 6 paragraph 1. For service contracts, this period begins after the consumer receives confirmation of the contract.
The consumer must immediately notify the entrepreneur of any inaccuracies in the provided or stated payment data.
If the consumer fails to pay, the entrepreneur has the right—subject to legal limitations—to charge reasonable costs previously communicated to the consumer.
ARTICLE 14 – COMPLAINTS PROCEDURE
Complaints regarding contract execution must be submitted to the entrepreneur in a complete and clear manner within 7 days after the consumer identifies the defects.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will send a confirmation within 14 days indicating when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is eligible for dispute resolution.
Submitting a complaint does not suspend the entrepreneur’s obligations, unless stated otherwise in writing.
If a complaint is deemed justified, the entrepreneur will, at their discretion, repair or replace the delivered products free of charge.
ARTICLE 15 – RETURN ADDRESS / GUIDELINES
Name: Irene CJ
Address: 2nd Floor, Building 9, No. 887 Changchun West Rd., China (Zhejiang), Pilot Free Trade Zone, Jindong District, Jinhua, Zhejiang
Postal Code: 311508
Phone: +86-17757903756
ARTICLE 16 – DISPUTES
Contracts between the entrepreneur and consumer to which these Terms and Conditions relate are governed solely by Dutch law, even if the consumer resides abroad.
ARTICLE 17 – SMS MARKETING
By opting into Lunara Mode’s SMS marketing at checkout or by signing up using our registration tools, you agree to receive recurring SMS messages (regarding your order, including abandoned cart reminders), text marketing offers, and transactional texts, including review requests, even if your number is registered on a state or federal Do Not Call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to stop receiving SMS marketing messages and notifications, reply STOP to any mobile message we send or use the unsubscribe link provided in each message. You understand and agree that alternative unsubscribe methods—such as using other words or requests—are not valid ways to unsubscribe. We do not charge for the service, but you are responsible for any message and data rates charged by your mobile provider.
If you have questions, text HELP to the number used to send the messages. You may also contact us via (https://www.lunara-mode.com/pages/contact) for more information.
We reserve the right to change the telephone numbers or short codes used for the service at any time. In such cases, you will be notified. You agree that messages sent to a changed or expired number—including STOP or HELP requests—may not be received, and we are not responsible for failing to honor such requests.
To the extent permitted by law, you agree that we are not liable for delayed, undelivered, or inaccurate information provided through the service, nor for any actions you take or fail to take based on the information or service.
Your privacy is important to us. You may review how we collect and use your personal data in our Privacy Policy.