MoonlightFits, Bezaanjachtplein 65, 1034 CR, Amsterdam. KVK 89244575, moonlightfits.co, (“MoonlightFits”, “we”, “us” and ‘‘our’’), www.moonlightfits.co (the “Website”). These Terms of Service (the “Terms”) apply to orders placed by the customer (“you”) in your capacity as a consumer for purposes outside of commercial or professional activities. By using the Websites and placing an order, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
2. ORDER PROCESS
2.1 If you wish to buy products displayed on the Website, you can add it to your digital shopping cart (“Cart”). To process the order and make the payment, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order, and you may be asked to register with us, to enter a shipping address, select a payment method and shipping option.
2.2. You may use any payment method that is listed on our payment information page (“Payment Information”); we will not charge any fees for using any of these payment methods but you are responsible for any costs associated with money transactions potentially charged by the payment services providers. No other payment methods can be used to effect payment. Depending on the method chosen, you may need to enter further details and may be led to the website of the payment provider in order to be identified as an authorized user before you can place your order. We reserve the right not to accept certain payment methods for a given order and to refer to other payment methods.
2.3 Once you have finished entering the required information, including the payment method, you can place an order by clicking the “buy now” button, submitting a binding offer to us to buy (all) the product(s) in your Cart.
2.4 We will send you a message to the email address you provided at checkout, confirming receipt of your order and containing the details of your order (“Order Confirmation”). The Order Confirmation is acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered.
2.5 You can only place your order through the Website. Make sure that all data you provide is true and correct. We will use the data provided to communicate with you about your order.
2.6 Please note that all orders are subject to availability and that the inclusion of products on the website at a particular time does not mean that these products will be available at all times.
3. PRICES
3.1 All the prices of the products shown on the website include VAT and any other taxes that may apply. However, depending on the place where the order is placed, they will NOT include the shipping costs of the products, which are detailed separately and must be accepted by the user.
3.2 The prices are valid at the moment of publication, where after they are subject to changes.
3.3 Discount codes cannot be used on already discounted products. Discount codes cannot be combined with other promotions.
4. PAYMENT
4.1 Payment can be made in any of the manners specified on the website.
4.2 MoonlightFits retains ownership of the goods until you have paid for them completely.
4.3 For orders outside the EU, we cannot guarantee that additional charges won’t apply due to EU customs regulations effective from July 1st, 2021.
5. RIGHT OF WITHDRAWAL
5.1 In accordance with the law of December 30th, 2013, regarding Book VI of the Code of Economic Law “market practices and consumer protection,” the consumer has the right to inform MoonlightFits in writing within 14 calendar days of receipt of the product that they wish to withdraw from the purchase.
5.2 We advise the consumer to return the product in its original packaging and in perfect condition. If an item is damaged when returned, MoonlightFits may claim compensation from the consumer proportional to the depreciation of the item (Article VI.51, §2 WER). Any return without identifiable sender information will be refused.
5.3 The costs and responsibility for the return are borne by the consumer.
5.4 MoonlightFits recommends using PostNL or DHL when returning products to track the parcel via a Track and Trace number. MoonlightFits cannot be held responsible for the repayment of goods that are lost, stolen, or damaged.
5.5 The refund will be made within 14 days after receipt of the return by MoonlightFits, provided that all conditions described above are strictly met (Article VI.50 §1-§3 WER).
6. DELIVERY
6.1 We will deliver the products specified in your order confirmation. MoonlightFits cannot be held liable for any errors made by the customer regarding the delivery or billing address, nor for any delays or failures in delivery that may arise as a result of such errors.
6.2 Ownership and risk of loss for your products will transfer to you upon delivery to the address specified in your order confirmation.
6.3 If a product is in stock, it will be delivered to your specified delivery address within 7 to 10 business days. This delivery timeline is provided as an estimate and is not binding.
6.4 Deliveries are scheduled during business hours, Monday through Friday (excluding holidays).
6.5 If a product is out of stock, the consumer will be notified via email with an alternative delivery date. Should the consumer not agree to the delay, the order may be canceled, or an alternative product may be selected. The amount paid for the canceled order will be refunded, or in the case of an alternative product, a new invoice will be issued or credited, considering the price paid for the canceled product.
6.6 If we are unable to deliver within the agreed timeframe, you will be notified before the delivery period expires. Should we fail to deliver within the agreed timeframe, you have the right to cancel your order, and a refund will be issued within 30 days of cancellation.
6.7 We cannot be held responsible for any consequential damages resulting from late delivery or non-delivery by the courier service we employ.
7. WARRANTY
7.1 Without prejudice to the right of withdrawal, the consumer is entitled to all legal warranties that apply to the products offered on our website.
7.2 We warrant that our products will conform to your order and will meet your reasonable expectations based on the product specifications.
7.3 We stand by the quality of our products. Our warranty covers defects resulting from faulty manufacturing, construction, or materials. However, it does not cover normal wear and tear, or damage caused by accidents, alterations, negligence, or improper use by the customer.
7.4 The consumer will be entitled to a refund for products that, with valid proof, do not meet the standard quality expectations or exhibit hidden defects. Complaints can be submitted via email to moonlightfits@hotmail.com.
7.5 We provide a warranty period of six (6) months for goods that do not conform to the order. This means that in the event of defects or malfunctions, a refund or replacement is available for up to six (6) months after delivery. For more details, please refer to our warranty page.
8. FORCE MAJEURE
8.1 In the event of force majeure, we are not obligated to fulfill our contractual obligations. In such cases, we may suspend our obligations for the duration of the force majeure or choose to terminate the agreement entirely.
8.2 Force majeure refers to any circumstance beyond our control that hinders the fulfillment of our obligations, either partially or wholly. Examples of force majeure include, but are not limited to: strikes, fire, business disruptions, energy outages, interruptions in telecommunication networks or communication systems, malfunction of our website, delayed or non-delivery by suppliers, or other engaged third parties.
9. INTELLECTUAL PROPERTY
9.1 Our website, logos, text, photos, and, in general, all communications are the property of MoonlightFits and/or its providers and are protected by national and international copyright laws and other intellectual property rights belonging to our suppliers or other stakeholders.
9.2 It is prohibited to use and/or alter the intellectual property rights described in this article. For example, drawings, photos, texts, logos, color combinations, etc., may not be copied or reproduced without prior explicit written permission.
9.3 Any infringement will result in a claim for damages, which will be individually determined in each case and may also lead to legal action. Jurisdiction for such cases rests exclusively with the courts of Limburg, applying Dutch law.
10. SETTLEMENT OF COMPLAINTS
10.1 If you have any complaints about our services, please do not hesitate to contact us at moonlightfits@hotmail.com. We will make every effort to address your complaint within 7 business days.
11.1 We strive to resolve any disagreements promptly and efficiently. If you are dissatisfied with how we handle a dispute and wish to pursue legal action, such proceedings must be initiated in the Netherlands.
11.2 Dutch law applies to this contract.
11.3 The Online Dispute Resolution Platform (ODR) is a dispute resolution body for online purchases and sales within the EU. The ODR has been operational since January 9th, 2016, and serves as an information center on consumer rights and out-of-court dispute resolution.
11.1 Each supplier agrees to indemnify and hold harmless "MOONLIGHTFITS" and Mr. T. van Zundert against any claims, regardless of their nature, made by third parties seeking compensation for damages. This indemnification includes all associated costs, such as legal fees incurred by MOONLIGHTFITS and administrative expenses, resulting from any third-party claim related to goods purchased from the supplier.
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