General terms and conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Reflection period: The period within which the consumer may make use of his right of withdrawal.
Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the trader.
Day: Calendar day.
Continuous transaction: A distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time.
Durable data carrier: Any means that enables the consumer or trader to store information that is personally addressed to him in such a way that future consultation and unaltered reproduction of the stored information is possible.
Right of withdrawal: The option for the consumer to withdraw from the distance contract within the reflection period.
Trader: 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 a system organized by the trader for the distance sale of products and/or services, whereby, up to and including the conclusion of the agreement, only one or more means of distance communication are used.
Means of distance communication: A means that can be used to conclude an agreement without the consumer and the trader having to be in the same place at the same time.
General Terms and Conditions: These present General Terms and Conditions of the trader.
Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the agreement within a reflection period of 30 days without giving any reason. During the reflection period, the consumer shall handle the product and its packaging with care.
If the consumer makes use of his right of withdrawal, he shall return the product with all supplied accessories and, if reasonably possible, in its original condition, in accordance with the reasonable instructions provided by the trader.
Article 3 – Applicability
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.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be stated before the distance contract is concluded that the general terms and conditions can be inspected at the trader’s premises and that they will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, then, contrary to 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 them on a durable data carrier. If this is not reasonably possible, it shall be stated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or otherwise free of charge at his request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision that is most favorable to him.
If one or more provisions of these general terms and conditions are null or annulled at any time, the agreement and these conditions shall remain in force for the rest, and the relevant provision shall be replaced without delay by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions of our conditions must also be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The trader is entitled to modify 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 make a proper assessment of the offer.
If the trader 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 trader.
All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images accompanying products are a truthful representation of the offered products. The trader cannot guarantee that the colors displayed exactly match the actual colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular:
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Any shipping costs.
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The method by which the agreement will be concluded and the actions required for that purpose.
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Whether or not the right of withdrawal applies.
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The method of payment, delivery, and performance of the agreement.
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The period for accepting the offer, or the period within which the trader guarantees the price.
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The amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a different basis than the regular basic rate for the means of communication used.
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Whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer.
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The manner in which the consumer, before concluding the agreement, can check and, if desired, rectify the data provided by him in the context of the agreement.
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Any other languages in which, besides Dutch, the agreement may be concluded.
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The codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically.
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The minimum duration of the distance contract in the event of a continuous transaction.
Optional: available sizes, colors, types of materials.
Article 5 – The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set out therein.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures for that purpose.
The trader may, within legal frameworks, obtain information as to whether the consumer can meet his payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If the trader has good grounds, based on this investigation, not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
The trader shall send to the consumer, along with the product or service, the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
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The address of the trader’s business location where the consumer can lodge complaints: support@lunaka.co.za .
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The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
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Information about guarantees and existing after-sales service.
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The data referred to in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this data to the consumer prior to the performance of the contract.
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The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Perfect. Hier volgt het vervolg van de volledige letterlijke vertaling – Artikelen 6 t/m 15.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 30 days.
This reflection period starts on the day after the consumer, or a third party designated by the consumer and known to the trader, receives the product.
During the reflection period, the consumer will handle the product and the packaging with care. He will 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 supplied accessories and – if reasonably possible – in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
When the consumer wishes to exercise his right of withdrawal, he is obliged to inform the trader of this within 30 days after receiving the product. The consumer must communicate this by means of a written message or email.
After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 30 days. The consumer must provide proof that the goods were returned on time, for example, by means of proof of shipment.
If the consumer has not made it known within the period referred to in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal and/or has not returned the product to the trader, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 30 days after withdrawal. This is subject to the condition that the product has already been received back by the trader or that conclusive proof of complete return can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The trader may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
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That have been created by the trader according to the consumer’s specifications.
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That are clearly personal in nature.
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That, by their nature, cannot be returned.
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That can spoil or age rapidly.
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The price of which is subject to fluctuations in the financial market over which the trader has no influence.
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For individual newspapers and magazines.
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For audio and video recordings and computer software whose seal has been broken by the consumer.
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For hygienic products whose seal has been broken by the consumer.
Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
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They are the result of statutory regulations or provisions, or
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The consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The trader 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 and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the trader based on the agreement.
Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days after delivery. Products must be returned in their original packaging and in new condition.
The trader’s warranty period corresponds to the factory warranty period. However, the trader is never responsible 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.
The warranty does not apply if:
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The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties.
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The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the trader’s instructions and/or the instructions on the packaging.
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The defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and Performance
The trader shall exercise the utmost care when receiving and executing orders for products.
With due observance of the provisions of Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot or can only partially be carried out, the consumer shall be informed of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to possible compensation.
In the event of dissolution in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, the trader shall make every effort to make a replacement item available. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered.
In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the trader.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 12 – Continuous Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an agreement entered into for an indefinite period and which extends to the 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.
The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time 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:
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Terminate the agreements referred to in the previous paragraphs at any time and is not limited to termination at a specific time or during a specific period;
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At least terminate them in the same way as they were entered into by him;
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Always terminate with the same notice period as the trader has stipulated for himself.
Renewal
A contract entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
By way of derogation from the previous paragraph, a contract entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided that the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A contract entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the case of a contract that extends to the regular, but less than once-a-month, delivery of daily, news, and weekly newspapers and magazines.
A limited-duration contract for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the reflection period referred to in Article 6 paragraph 1.
In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the trader.
In case of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the consumer reasonable costs previously made known to him.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to the trader within seven days after the consumer has discovered the defects.
Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt.
If a complaint requires a foreseeably longer processing time, the trader shall respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the trader’s obligations unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at its own discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions apply.
This also applies if the consumer resides abroad.