Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation and unaltered reproduction of the stored information;

Right of withdrawal: the possibility 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 remotely to consumers;

Distance contract: an agreement concluded within the framework of an organized system by the entrepreneur for the remote sale of products and/or services, where exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur being simultaneously present in the same room;

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These general 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 the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the consumer can always invoke the provision that is most favorable to them in case of conflicting stipulations.

If one or more provisions of these general terms and conditions are wholly or partially declared invalid, the remainder of the agreement and conditions shall remain in force.

Situations not covered by these general terms and conditions should be assessed in the spirit of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions should be interpreted in the spirit of these general terms and conditions.

Article 3 – The Offer

If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur reserves the right 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 make a proper assessment of the offer.

If the entrepreneur uses images, these are a true 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 only and cannot give rise to compensation or dissolution of the agreement.

Product images are a true representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer.

This includes, among other things:

  • the price, excluding import costs and import VAT;

  • any shipping costs;

  • the way in which the agreement will be concluded;

  • the applicability of the right of withdrawal;

  • the method of payment, delivery, and execution;

  • the period for accepting the offer;

  • the rates for distance communication, if applicable;

  • whether the agreement will be archived and how it can be consulted;

  • the way in which the consumer can check and correct their data;

  • the languages in which the agreement can be concluded;

  • the codes of conduct to which the entrepreneur is subject;

  • the minimum duration of the distance contract in the case of a continuous transaction.

Optional: available sizes, colors, and material types.

Article 4 – The Agreement

The agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically.

As long as the receipt of this acceptance has not been confirmed, the consumer can cancel the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data.

The entrepreneur can, within legal limits, investigate whether the consumer can meet their payment obligations and whether there are other relevant facts and circumstances that are important for the responsible entering into of the distance contract.

If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they have the right to refuse an order or request with reasons or to attach special conditions to its execution.

The entrepreneur will provide the following information to the consumer with the product or service:

  • the visiting address of the establishment where complaints can be submitted;

  • the conditions and procedure for exercising the right of withdrawal;

  • information about guarantees and after-sales service;

  • the data as stated in these conditions;

  • the requirements for terminating the agreement if it has a duration of more than one year or is for an indefinite period.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products. 

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the right to cancel the agreement without giving reasons within 30 days. This cooling-off period begins on the day after the consumer, or a pre-designated representative known to the entrepreneur, has received the product.

During the cooling-off period, the consumer will handle the product and packaging with care. The product will only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep the product.

If the consumer exercises their right of withdrawal, the product must be returned to the entrepreneur with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur in writing or by email within 30 days of receiving the product.

After the consumer has indicated that they wish to exercise their right of withdrawal, the product must be returned within 30 days.

The consumer must be able to prove that the products were returned on time, for example by means of a shipping receipt.

If the consumer has not made known their intention to cancel the purchase or returned the product within the stated periods, the purchase is considered final.

Replacement of Article 6 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.

When a refund is approved, an administration and processing fee of 10% of the total purchase amount will be deducted.

This fee covers payment processing costs, administration, logistical handling, and other operating costs already incurred.

The remaining amount will be refunded as soon as possible, but no later than 30 days after the returned product has been received and approved.

Refunds will only be processed after the product has been received and inspected by the entrepreneur.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as defined in this article. The exclusion is only valid if it is clearly stated in the offer before the agreement is concluded.

Exclusion of the right of withdrawal is only possible for products:

  • that have been manufactured according to the consumer's specifications;

  • that are clearly personal in nature;

  • that cannot be returned due to their nature;

  • that can spoil or age quickly;

  • the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;

  • for loose newspapers and magazines;

  • for audio and video recordings and computer software of which the seal has been broken;

  • for hygienic products of which the seal has been broken.

Exclusion of the right of withdrawal is only possible for services:

  • relating to accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;

  • the execution of which has begun with the express consent of the consumer before the cooling-off period has expired;

  • relating to betting and lotteries.

Article 8 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, unless this is a result of changes in VAT rates.

Notwithstanding the preceding paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.

Price increases within three months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

Price increases after three months from the conclusion of the agreement are only permitted if:

  • they are the result of legal regulations or provisions; or

  • the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.

The place of delivery is determined by the country where the transport originates. If applicable, import VAT and/or customs duties may be collected from the recipient by the postal or courier service.

All prices are subject to printing, typing, and typesetting errors. No liability is accepted for the consequences of such errors. In the event of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price. 

Article 9 – Identity of the Company

Trade name:
Luna & Zola

Company name:
MGUE Ecommerce

Business address:
Regentesselaan 139
2562 CW The Hague
Netherlands

Email:
support@lunazola.co.za

Chamber of Commerce number:
93486405

VAT identification number:
NL005022246B16

Article 10 – Conformity and Warranty

The entrepreneur 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, as well as the legal provisions and government regulations existing on the date of the conclusion of the agreement.

If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 30 days after delivery.

Returns of products must be made in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • the consumer has repaired or modified the delivered products themselves or had them repaired or modified by third parties;

  • the delivered products have been exposed to abnormal circumstances or have otherwise been handled carelessly;

  • the defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the greatest possible care when receiving and executing product orders.

The delivery address is the address that the consumer has made known to the entrepreneur.

With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders as quickly as possible, but no later than 30 days, unless a longer delivery period has been agreed.

If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this within 30 days after placing the order.

In such a case, the consumer has the right to cancel the agreement without cost and to claim any applicable compensation.

In case of cancellation, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after cancellation.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement article available.

The consumer will be clearly informed that a replacement article is being delivered.

The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative, unless expressly agreed otherwise.

Order Cancellation

Once an order has been placed, Luna & Zola immediately begins processing it.

Orders cannot be canceled, modified, or refunded once they have been processed or shipped.

If the customer no longer wishes to receive the order, the order must first be delivered before a return request can be submitted in accordance with the return policy.

Refusing delivery or failing to collect the package is not considered a valid cancellation of the order.

Article 12 – Continuous Transactions: Duration, Termination, and Extension

Termination

The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products or services at the end of the definite period, with a notice period of no more than one month.

The consumer can terminate these agreements:

  • at any time;

  • terminate them in the same way they were entered into;

  • terminate them with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement entered into for a definite period for the regular delivery of products or services may not be tacitly extended for a new definite period.

Notwithstanding the preceding paragraph, an agreement for the regular delivery of daily newspapers, weekly newspapers, and magazines may be tacitly extended for a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month.

Duration

If an agreement lasts longer 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 require otherwise.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period, as referred to in Article 5, has commenced.

In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs communicated to the consumer in advance.

Article 14 – Complaint Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defect.

Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt.

If a complaint requires a longer processing time, the entrepreneur will send an acknowledgment of receipt within 30 days, indicating when a more comprehensive answer can be expected.

If a complaint cannot be resolved through mutual consultation, a dispute arises that can be handled according to the applicable dispute resolution procedures.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the products free of charge.

Article 15 – Disputes

All agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

Any disputes arising from or in connection with these agreements will be submitted to the competent court in the Netherlands, unless mandatory legal provisions dictate otherwise.

Article 16 – CESOP

As a result of the measures introduced and strengthened from 2024 pursuant to the "Act amending the Turnover Tax Act 1968 (act implementing the payment services directive)" and the implementation of the central electronic system for payment information (CESOP), payment service providers may register and process certain payment data within the European CESOP system.

This processing takes place exclusively in accordance with applicable legislation and regulatory requirements regarding tax compliance and the prevention of tax fraud.