Terms & Conditions
The general Terms and Conditions of Sale (“Terms and Conditions”) apply to all Moonbeam Collective sales, orders and agreements. Moonbeam Collective reserves the right to agree, in writing, to other Terms and Conditions. Any deviation to the general Terms and Conditions made with the consumer/client do not apply to future sales, future orders, and/or future agreements.
The acceptance of an offer or making a purchase entails the customer/client agrees to, and accepts the Terms and Conditions.
Any deviation to the Terms and Condition must be made in writing, in which case the remaining stipulations are unabbreviated valid.
OFFERS/AGREEMENTS
All Moonbeam Collective offers are without commitment and Moonbeam Collective reserves the right to modify prices, in particular when (legal) regulations necessitate this.
An agreement is solely established after acceptance of the order by Moonbeam Collective.
Moonbeam Collective is authorized to decline orders or attach certain conditions to the delivery. In the event Moonbeam Collective declines an order, Moonbeam Collective will communicate this within one (1) week after receipt of the order.
PRICES AND PAYMENTS
The prices listed for offered products and services are in Euro’s including sales tax.
For delivery in The Netherlands shipping costs are €4,95.
For delivery outside The Netherlands shipping costs are adjusted accordingly.
After making an order, the customer/client receives an email confirmation immediately containing the total costs, including shipping costs. Payment is made by means of iDeal, Bancontact or Paypal.
Custom clearance and/or import/export duties are not included in the price and are the responsibility and on account of the customer/client.
DELIVERY
All orders will be shipped to the shipping address, when in stock within five (5) days of receipt of payment. In the event of shipping changes the customer/client will be notified. Orders, however, will always be shipped within 21 days of receipt of payment.
A breach of the agreed delivery times does not give the customer/client the right to damages, termination of the agreement or dishonor any obligations set forth in this agreement or any other related agreement.
The product will be shipped to the customer/client, at the latest, 30 days after receipt of payment. In case of a breach of this term, the customer/client may terminate the agreement without additional costs. The language in this article does not affect the option for parties to agree to a longer delivery term.
Delivery in parts or multiple shipments is permitted.
In the event a customer/client orders a no longer deliverable (an undeliverable) product, this will be communicated within a reasonable time to customer/client. Moonbeam Collective will attempt to offer a suitable replacement product.
RETURNS
In the event the delivered product does not meet the agreement, the customer/client shall notify Moonbeam Collective by email within five (5) business days of receipt of the order. If the customer/client fails to notify Moonbeam Collective within this timeframe, Moonbeam Collective has fulfilled its obligations with respect to the delivered goods.
Customer/Client has the right to terminate the agreement without reason within seven (7) days of receipt of the order. This timeframe commences the day after receipt of the order. Returns are only accepted when the product packaging is undamaged, and the product is unworn, unwashed and undamaged.
In case of termination of the agreement based on previews article , the order shall be returned and received by Moonbeam Collective within 14 days of termination of the agreement.
The shipping costs for returned products are on account of the customer/client. After receipt of returned orders in good condition, Moonbeam Collective will deposit the paid amount directly to your bank account, with any shipping costs deducted from the transferred amount within 14 days. Items bought in sale can not be returned.
RETENTION OF (PROPERTY) OWNERSHIP
All delivered goods and services remain ownership of Moonbeam Collective until the customer/client has satisfied all obligations set forth in the agreement(s) signed and closed with Moonbeam Collective.
Delivered goods and services by Moonbeam Collective, may not be resold and may not be used as a method of payment. The customer/client is not authorized under the retention of ownership clause, to plight or pledge any Moonbeam Collective products and/or services.
It is expected from the the customer/client to, within reason, safeguard Moonbeam Collective’s ownership rights at all times.
In case a third party confiscates, or attempts to draw rights from, under the retention of ownership clause protected Moonbeam Collective goods and/or services, the customer/client is obligated to inform Moonbeam Collective immediately.
In case Le BIG chooses to exercise its retention of ownership rights, designated in this article, the customer/client gives Moonbeam Collective irrevocably and unconditionally permission to enter those third party places and take back property of Moonbeam Collective.
LIABILITY (RESPONSIBILITY)
Every liability to Moonbeam Collective, its personel and its products for all damage, of any nature, direct or indirect, including business damage(loss), consequential loss, damage to real property or persons, is explicitly excluded.
Moonbeam Collective assumes no liability for damage resulting from the use of Moonbeam Collective products.
For misunderstanding, mutilation, delays or not properly delivered orders and announcements resulting from the use of the Internet, or any other form of communication between you and Moonbeam Collective, or between Moonbeam Collective and third parties, in so far as they relate to the relationship between you and Moonbeam Collective, Moonbeam Collective is not liable, unless there is a case of intention or gross negligence on Moonbeam Collective's behalf.
Every liability of Moonbeam Collective towards the buyer is in every case limited to not more than the invoiced amount the buyer owes Moonbeam Collective in respect to the concerning agreement.
FORCE MAJEURE
Moonbeam Collective reserves the right in the case of force majeure to suspend or cancel the execution of your order or the agreement without judicial intervention, such by written announcement and such that Moonbeam Collective is not liable for damages, unless under the circumstances this is unacceptable to criteria of reason and equity.
Force majeure means every shortcoming that can not be allocated to Moonbeam Collective, because it is not due to her fault and beyond her control and according to the law, an act of law or a commercially legal concept not accounted to her.
PRIVACY
All personal information is used exclusively for processing of the order and will never be shared with or available to third parties.
MISCELLANEOUS
In case you declare an address to Moonbeam Collective in writing, Moonbeam Collective is authorized to send all orders to that address, unless you submit to Moonbeam Collective, in writing, a change of address notification, where orders should be delivered instead.
Moonbeam Collective is authorized, during a shorter or longer time period, and without notification, to deviate from the terms and conditions. Any deviation does not affect Moonbeam Collective’s right to require strict compliance with the original terms and conditions.
In case one or more of the terms and conditions or any agreement with Moonbeam Collective is in opposition to any applicable law, the concerning term will be replaced with a comparable permissible law or stipulation determined by Moonbeam Collective.
Moonbeam Collective is authorized to use third parties for processing and executing of your order(s).
APPLICABLE LAW AND COMPETENT COURT
To all laws, obligations, proposals, offers, orders, and agreements, to which these terms and conditions are applicable, as well as these conditions, solely Dutch law is applicable.
All disputes between parties will exclusively be presented to the competent court in Amsterdam.