Terms and conditions of sale

Article 1 - Definitions

The following terms and definitions apply to this Agreement:

1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and concludes a distance contract with the entrepreneur;
3. Day: calendar day;
4. Long-term transaction: a distance contract for a series of products and/or services, where the obligation to supply and/or purchase is spread over time;
5. Durable data medium: any means of storing information addressed personally to the consumer or entrepreneur in such a way as to enable future reference to, and unaltered reproduction of, the stored information.
6. Right of withdrawal: possibility for the consumer to refrain from entering into a distance contract within the cooling-off period;
7. Model form: The model withdrawal form which the entrepreneur intends a consumer to fill in when he wants to make use of his right of withdrawal;
8. Contractor: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: an agreement under which, within the framework of a system organised by the entrepreneur for the distance selling of products and/or services, until the conclusion of the agreement, one or more techniques are used for distance communication;
10. Distance communication technology: 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 conditions: these general conditions of the contractor.

Article 2 - Identity of the contractor

Name of the contractor: MOONLODGE ASBL

Acting 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

Accessibility:

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

 

Article 3 - Applicability

1. These general terms and conditions apply to all offers by the contractor and to all distance contracts and orders between the contractor and the consumer.
2. Before the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, prior to the conclusion of the distance contract, it shall be indicated that the general terms and conditions are available for consultation and they shall be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, by way of derogation from the preceding paragraph and prior to the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer by electronic means, so that the consumer may have a simple means of storing it on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract it shall be indicated where the general terms and conditions can be observed electronically and shall be sent free of charge at the request of the consumer, by electronic means or otherwise.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may, in the event of a conflict of general conditions, always invoke the applicable provision which is most favourable to him.
5. If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or destroyed, the contract and these terms and conditions shall remain in force and the provision in question shall be replaced by a provision that comes as close as possible to the original.
6. Situations which are not regulated in these general conditions must be assessed "in the spirit" of these general conditions.
7. Uncertainties regarding the explanation or content of one or more provisions of our general terms and conditions must be explained "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 explicitly stated in the offer.
2. The offer is without obligation. The contractor has the right to modify and adjust the offer.
3. The offer shall contain a full and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these shall be a true reflection of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and may not constitute grounds for compensation or dissolution of the contract.
5. The product images are a true reflection of the products offered. The contractor cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
6. Each offer shall contain information such that the consumer is clear about the rights and obligations associated with accepting the offer. This concerns in particular:
   • the price including taxes;
   • any shipping costs;
   • how the agreement will be reached and what actions are needed to achieve it;
   • apply or not the right of withdrawal;
   • the method of payment, delivery and execution of the agreement;
   • the time limit for acceptance of the offer or the time limit within which the contractor guarantees the price;
   • the level of the tariff for remote communication if the costs of using the technology for remote communication are calculated on a basis other than the normal basic tariff for the means of communication used;
   • whether the agreement is archived after conclusion and, if so, how it can be consulted by the consumer;
   • how the consumer, before the conclusion of the contract, can check the data provided by him/her in the context of the contract and modify them if necessary;
   • any other language in which, in addition to French, the contract may be concluded;
   • the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance contract in the case of an extended transaction.
   • Optional: available sizes, colours, type of materials.

Article 5 - The contract

1. Subject to the provisions of paragraph 4, the contract shall be concluded when the consumer accepts the offer and fulfils the relevant conditions.
2. If the consumer has accepted the offer electronically, the contractor shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the contractor has not confirmed receipt of this acceptance, the consumer may withdraw from the contract.
3. If the agreement is created electronically, the contractor will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure the security of the web environment. If the consumer can pay electronically, the contractor will observe appropriate security measures.
4. The entrepreneur may - within the legal frameworks - indicate whether the consumer can meet his payment obligations, as well as all facts and factors relevant for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the agreement, he is entitled to refuse an order or a reasoned request or to make performance subject to special conditions.
5. Together with the product or service, the entrepreneur shall 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 contractor's branch where the consumer can complain;
7. the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
8. information on guarantees and service after purchase;
9. the information referred to in Article 4(3) of these conditions, unless the contractor has already provided this information to the consumer before the performance of the contract;
10. the conditions required to terminate the agreement if the duration of the agreement is longer than one year or is indefinite.
11. In the case of an extended transaction, the provision of the previous paragraph shall apply only to the first delivery.
12. Each agreement is concluded under the conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When the products are delivered:

1. When purchasing products, the consumer has the possibility to withdraw from the contract without giving a reason within 14 days. This withdrawal period runs from the day after the consumer or a representative designated in advance by the consumer and brought to the attention of the entrepreneur receives the product.
2. During the cooling-off period, the consumer shall handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he makes use of his right of withdrawal, he shall return the product with all accessories and - if reasonably possible - in the original condition and packaging to the contractor in accordance with the clear and reasonable instructions provided by the contractor.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur within 14 days of receiving the product. The consumer must make this known by means of the standard form. After the consumer has indicated that he wishes to make use of his 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 a proof of shipment.
4. If the customer has not indicated that he wishes to make use of his right of withdrawal or the right of withdrawal after the expiry of the terms set out in paragraphs 2 and 3, the product has not been returned to the contractor, the sale is a fact.

When providing services:

1. In the case of the provision of services, the consumer has the possibility to withdraw from the contract without giving any reason for at least 14 days from the day of the conclusion of the contract.
2. In order to make use of his right of withdrawal, the consumer shall focus on the reasonable and clear instructions provided by the contractor with the offer and/or at the latest upon delivery.

Article 7 - Fees in case of withdrawal

1. If the consumer exercises his right of withdrawal, the return costs are maximum.
2. If the consumer has paid an amount, the contractor will refund this amount as soon as possible but no later than 14 days after the cancellation. However, the condition is that the product has been returned by the merchant or that conclusive proof of the complete return can be submitted.

Article 8 - Exclusion of the right of withdrawal

1. The contractor may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated this in the offer, at least in time for the conclusion of the contract.
2. The exclusion of the right of withdrawal is only possible for products:
   1. that have been created by the contractor in accordance with the consumer's specifications;
   2. which are clearly of a personal nature;
   3. that cannot be returned due to their nature;
   4. which can become damaged or age quickly;
   5. whose price is subject to financial market fluctuations over which the contractor has no influence;
   6. for loose newspapers and magazines;
   7. for audio and video recordings and computer software that the consumer has already opened.
   8. for hygienic products that the consumer has opened.
3. The exclusion of the right of withdrawal is only possible for services:
   1. concerning accommodation, transport, catering or leisure activities to be carried out on a certain date or during a certain period;
   2. the delivery of which has begun with the consumer's consent before the expiry of the cooling-off period;
   3. with regard to betting and lotteries.

Article 9 - The price

1. During the period mentioned in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
2. In contrast to the previous paragraph, the contractor may offer products or services whose prices are subject to fluctuations in the financial market and over which the contractor has no influence, with variable prices. This link to fluctuations and the fact that the prices mentioned are target prices are indicated in the offer.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from legal provisions or regulations.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the contractor has so stipulated and:
   1. these are the result of regulations or legal provisions; or
   2. the consumer has the right to terminate the contract from the day the price increase takes effect.
5. The prices mentioned 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 case of printing or typing errors, the contractor is not obliged to deliver the product at the wrong price.

Article 10 - Conformity and warranty

1. The contractor guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of validity and/or usefulness and the legal provisions in force at the time of conclusion of the agreement and/or government regulations. In case of agreement, the contractor also guarantees that the product is suitable for other than normal use.
2. A warranty provided by the contractor, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the contractor under the contract.
3. Any defects or incorrectly delivered products must be reported to the contractor in writing within 4 weeks of delivery. Products must be returned in the original packaging and in new condition.
4. The contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for advice on the use or application of the products.
5. The guarantee does not apply if:
   • The consumer has repaired and/or processed the delivered products himself or has repaired and/or processed them by third parties;
   • The delivered products are exposed to abnormal circumstances or careless handling or handling contrary to the instructions of the contractor and/or on the packaging;
   • The total or partial insufficiency is the result of regulations that the government has adopted or will adopt with regard to the nature or quality of the materials used.

Article 11 - Delivery and performance

1. The merchant will take the utmost care in receiving and fulfilling orders for products and in evaluating requests for services.
2. The place of delivery is the address that the consumer has given to the company.
3. In accordance with the provisions of paragraph 4 of this article, the company shall execute accepted orders within 30 days at the latest, unless the consumer agrees to a longer delivery period. If the delivery is delayed or if an order can only be partially fulfilled, the consumer shall be informed of this no later than 30 days after the order has been placed. In this case, the consumer has the right to withdraw from the contract free of charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from the periods mentioned. Exceeding a deadline does not entitle the consumer to compensation.
5. In the event of termination in accordance with paragraph 3 of this article, the Contractor shall refund the amount paid by the consumer as soon as possible and no later than 14 days after the termination.
6. If the delivery of an ordered product proves impossible, the contractor shall endeavour to provide a replacement item. At the latest at the time of delivery, it shall be clearly and comprehensibly stated that a replacement item will be delivered. The right of withdrawal cannot be excluded with replacement items. The costs of any return shipment shall be borne by the entrepreneur.
7. The risk of deterioration and/or loss of the products shall be borne by the contractor until the time of delivery to the consumer or to a representative designated in advance and announced by the contractor, unless otherwise expressly agreed.

Article 12 - Transactions of duration: duration, cancellation and extension

Cancellation

1. The consumer may terminate at any time a contract concluded for an indefinite period of time and which extends to the regular delivery of products (including electricity) or services, by complying with the agreed rules on termination and by giving one month's notice.
2. The consumer may terminate a contract concluded for a fixed period which extends to the regular delivery of products (including electricity) or services at any time at the end of the stipulated period, subject to the agreed withdrawal rules and a period of notice of at least one month.
3. Consumers can, with the agreements mentioned in the previous paragraphs
   • cancel at any time and not be limited to termination at a specific time or within a specific period;
   • at least cancel in the same way as they were contracted by him;
   • always cancel with the same period of notice that the contractor has set.

Extension

1. A contract which has been concluded for a fixed term and which extends to the regular delivery of goods (including electricity) or services may not be extended or tacitly renewed for a fixed term.
2. In contrast to the previous paragraph, a contract concluded for a fixed period and extending to the regular delivery of daily and weekly newspapers, as well as magazines and weeklies, may be tacitly renewed for a fixed period of up to three months, if the consumer agrees to the extended agreement. The end of the extension may be cancelled with a notice period not exceeding one month.
3. A contract concluded for a fixed period which extends to the regular delivery of goods or services may only be tacitly renewed for an indefinite period and only if the consumer may terminate it at any time with a period of notice not exceeding one month, a period of notice not exceeding three months in the case where the agreement extends to the regular distribution of daily newspapers, news, weeklies and magazines.
4. A contract of limited duration for the regular delivery of daily, weekly and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically terminate 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 maximum notice period of one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, amounts due from the consumer must be paid within 7 working days of the start of the reflection period referred to in Article 6(1). In case of conclusion of a contract for the provision of services: once the consumer has received confirmation of the agreement.
2. The consumer is obliged to notify the contractor without delay of any inaccuracies in the payment details provided or indicated.
3. In the event of default by the consumer, the contractor is entitled, subject to legal restrictions, to charge in advance the reasonable costs which the consumer has incurred.

Article 14 - Complaints procedure

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

Article 15 - Disputes

1. For contracts between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law shall apply. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or differing provisions

Provisions that are additional to or deviate from these general terms and conditions must not be to the detriment of the consumer and must be in writing or in such a way that they can be stored in an accessible manner by the consumer on a durable medium.