Terms & Conditions – Introduction

This website is operated by MOOON Crystals. Throughout the site, the terms “we,” “us,” and “our” refer to MOOON Crystals. MOOON Crystals offers this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms,” “Terms & Conditions”), including additional terms and policies referenced herein and/or available via hyperlink. These Terms & Conditions apply to all users of the site, including but not limited to visitors, vendors, customers, merchants, and/or content contributors.

We always strive to process orders carefully and deliver them on time. If something goes wrong, we will do our best to find a suitable solution. If we are unable to resolve the issue together, or if you prefer independent assistance, you can contact the Independent Dispute Committee [https://www.degeschillencommissie.nl/] or the European Commission [https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage] for help and additional information.

At MOOON Crystals, we believe in great customer service, transparency, and creating a pleasant shopping experience. While the following terms provide a legal framework, we aim to be flexible and find solutions that work for both parties. By placing an order with us, you agree to these Terms & Conditions. If you have any questions or concerns, please feel free to contact us before making a purchase.

We reserve the right to update, change, or replace any part of these Terms & Conditions by posting updates on our website. It is your responsibility to check this page periodically for changes. Continued use of the website following any updates constitutes acceptance of those changes.

Our store is hosted via WordPress, which provides us with the online platform to sell our products and services to you.

– Independent Dispute Committee [https://www.degeschillencommissie.nl/]

– European Commission [https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage]

 

Algemene Voorwaarden

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Supplementary agreement: An agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these products, digital content, and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur.

Cooling-off period: The period during which the consumer can exercise their right of withdrawal.

Consumer: A natural person who is not acting for purposes related to their trade, business, craft, or profession.

Day: Calendar day.

Digital content: Data that is produced and supplied in digital form.

Continuous agreement: An agreement that provides for the regular supply of goods, services, and/or digital content over a specified period.

Durable medium: Any tool – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future reference or use for a period appropriate to the purpose of the information and enables unchanged reproduction of the stored information.

Right of withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period.

Entrepreneur: The natural or legal person who offers products, (access to) digital content, and/or services to consumers remotely.

Distance contract: A contract concluded between the entrepreneur and the consumer as part of an organized system for the remote sale of products, digital content, and/or services, where exclusive or additional use is made of one or more means of remote communication up to and including the conclusion of the contract.

Model withdrawal form: The European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal regarding their order.

Means of remote communication: A method that can be used to conclude an agreement without the consumer and entrepreneur having to be physically present in the same location at the same time.

– European Commission [https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage]

Article 2 – Identity of the Entrepreneur

MOOON Crystals

KvK 94647070

VAT Identification Number: NL005100655B10

Paulus Potterstraat 17

1601NZ Enkhuizen

06-24601665

[email protected]

Available by phone during our regular opening hours. Standard hours are Monday to Friday from 09:00 to 17:00.

Article 3 – Applicability

 

1. 1. These terms and conditions apply to every offer made by the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer.

 

2. 2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, inform the consumer of where the terms and conditions can be viewed and that they will be sent to the consumer free of charge upon request as soon as possible.

 

3. 3. If the distance contract is concluded electronically, the text of these terms and conditions may, deviating from the previous paragraph, be made available to the consumer electronically in such a way that it can easily be stored by the consumer on a durable medium. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded where the terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge, either electronically or in another manner, upon request.

 

4. 4. In the event that specific product or service terms and conditions also apply alongside these general terms and conditions, the second and third paragraphs will apply accordingly, and the consumer may, in the event of conflicting terms, always rely on the provision that is most favorable to them.

Article 4 – The Offer

 

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

 

2. 2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.

 

3. 3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The Agreement

 

1. 1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set therein.

 

2. 2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance of the offer by electronic means. As long as the entrepreneur has not confirmed the receipt of the acceptance, the consumer can dissolve the agreement.

 

3. 3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure online environment. If the consumer can make an electronic payment, the entrepreneur will take appropriate security measures.

 

4. 4. Within the legal framework, the entrepreneur may inform themselves of whether the consumer is able to meet their payment obligations, as well as any facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has valid grounds based on this investigation not to proceed with the agreement, they are entitled to refuse an order or request, or to attach specific conditions to the execution of the agreement.

 

5. 5. The entrepreneur will, at the latest upon delivery of the product, service, or digital content to the consumer, provide the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

 

• • The visit address of the entrepreneur’s establishment where the consumer can address complaints;

• • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

• • Information on warranties and existing after-sales service;

• • The price including all taxes for the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the distance contract;

• • The requirements for cancellation of the agreement if the agreement is for a period longer than one year or for an indefinite period;

• • If the consumer has a right of withdrawal, the model withdrawal form.

In the case of a continuous contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For Products:

 

1. 1. The consumer can dissolve an agreement concerning the purchase of a product within a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but may not oblige the consumer to provide their reason(s).

 

2. 2. The reflection period mentioned in paragraph 1 starts the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:

 

3. 3. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, receives the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided they have clearly informed the consumer about this before the order process.

 

4. 4. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, receives the last shipment or part.

 

5. 5. For contracts for the regular delivery of products over a period of time: the day on which the consumer, or a third party designated by them, receives the first product.

For Services and Digital Content Not Supplied on a Tangible Medium:

 

1. 1. The consumer can dissolve a service contract and a contract for the supply of digital content that is not delivered on a tangible medium within at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but may not oblige the consumer to provide their reason(s).

 

2. 2. The reflection period mentioned in paragraph 3 starts the day after the agreement is concluded.

 

3. 3. Extended Reflection Period for Products, Services, and Digital Content Not Supplied on a Tangible Medium if the Right of Withdrawal is Not Informed:

 

4. 4. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period as determined in the previous paragraphs of this article.

 

5. 5. If the entrepreneur has provided the information mentioned in the previous paragraph to the consumer within twelve months after the start of the original reflection period, the reflection period expires 14 days after the day the consumer receives that information.

Article 7 – Obligations of the Consumer During the Reflection Period

 

1. 1. During the reflection period, the consumer must handle the product and its packaging with care. They may unpack or use the product only to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may handle and inspect the product only as they would be allowed to do in a store.

 

2. 2. The consumer is only liable for a decrease in the product’s value resulting from handling the product in a way that exceeds what is permitted in paragraph 1.

 

3. 3. The consumer is not liable for any decrease in the product’s value if the entrepreneur has not provided all legally required information about the right of withdrawal prior to or at the time of concluding the agreement.

Article 8 – Exercising the Right of Withdrawal by the Consumer and Associated Costs

 

1. 1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period by using the model withdrawal form or in another unambiguous manner.

 

2. 2. As soon as possible, but within 14 days of the day following the notification mentioned in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has adhered to the return deadline if the product is sent back before the reflection period expires.

 

3. 3. The consumer must return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

 

4. 4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

 

5. 5. The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that they must bear these costs or if the entrepreneur has indicated they will bear the costs themselves, the consumer does not have to bear the return shipping costs.

 

6. 6. If the consumer withdraws after expressly requesting that the provision of the service or the supply of gas, water, or electricity that is not ready for sale in a limited volume or quantity begin during the reflection period, the consumer owes the entrepreneur an amount that is proportional to the part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the agreement.

 

7. 7. The consumer will not incur costs for the execution of services or the supply of water, gas, or electricity that is not ready for sale in a limited volume or quantity, or for the supply of district heating, if:

 

• • the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement for withdrawal, or the model withdrawal form, or;

• • the consumer has not expressly requested the commencement of the service or the supply of gas, water, electricity, or district heating during the reflection period.

 

8. 8. The consumer will not incur costs for the full or partial supply of digital content not delivered on a tangible medium, if:

 

• • they have not expressly agreed to the commencement of the fulfillment of the agreement before the end of the reflection period;

• • they have not acknowledged that they will lose their right of withdrawal by giving their consent; or

• • the entrepreneur has failed to confirm this declaration of consent from the consumer.

If the consumer exercises their right of withdrawal, all supplementary agreements will be automatically dissolved.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

 

1. 1. If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, the entrepreneur will promptly send a confirmation of receipt upon receiving this notification.

 

2. 2. The entrepreneur will refund all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay, but within 14 days following the day on which the consumer notified the entrepreneur of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may delay the refund until they have received the product or until the consumer proves that they have returned the product, whichever occurs first.

 

3. 3. The entrepreneur will use the same payment method for the refund as the consumer used, unless the consumer agrees to another method. The refund will be at no cost to the consumer.

 

4. 4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not obligated to refund the additional costs for the more expensive method.

Article 10 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the agreement is concluded:

 

1. 1. Products or services whose price is subject to fluctuations in the financial market that are beyond the control of the entrepreneur and which may occur during the withdrawal period;

 

2. 2. Agreements concluded during a public auction. A public auction is defined as a sales method where products, digital content, and/or services are offered by the entrepreneur to a consumer who is physically present or has the opportunity to be present at the auction, under the guidance of an auctioneer, and where the successful bidder is obligated to purchase the products, digital content, and/or services;

2. 2. Service agreements, after full execution of the service, but only if:

 

• • the execution has started with the express prior consent of the consumer; and

• • the consumer has stated that they lose their right of withdrawal once the entrepreneur has fully executed the agreement;

 

4. 4. Package holidays as defined in Article 7:500 of the Dutch Civil Code and agreements for transportation of persons;

 

5. 5. Service agreements for the provision of accommodation, if the agreement specifies a certain date or period of execution and is not for residential purposes, goods transportation, car rental services, or catering;

 

6. 6. Agreements related to leisure activities, if the agreement specifies a certain date or period for execution;

 

7. 7. Products made according to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;

 

8. 8. Products that are perishable or have a limited shelf life;

 

9. 9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

 

10. 10. Products that by their nature are irrevocably mixed with other products after delivery;

 

11. 11. Alcoholic beverages whose price was agreed upon at the time of the conclusion of the agreement, but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market which the entrepreneur cannot influence;

 

12. 12. Sealed audio or video recordings and computer software, where the seal has been broken after delivery;

 

13. 13. Newspapers, magazines, or periodicals, except for subscriptions to them;

 

14. 14. The supply of digital content not delivered on a tangible medium, but only if:

 

• • the execution has begun with the express prior consent of the consumer; 

• • and the consumer has stated that they lose their right of withdrawal.

Article 11 – The Price

 

1. 1. 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 due to changes in VAT rates.

 

2. 2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, over which the entrepreneur has no control, at variable prices. This fluctuation and the fact that any prices listed are indicative prices will be stated in the offer.

 

3. 3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

 

4. 4. Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this, and:

 

• • They result from legal regulations or provisions; or

• • The consumer has the right to cancel the agreement as of the day the price increase takes effect.

The prices stated in the offer of products or services are inclusive of VAT.

Article 12 – Compliance with the Agreement and Additional Warranty

 

1. 1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations in effect on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.

 

2. 2. Any additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer does not limit the legal rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their obligations under the agreement.

 

3. 3. Additional warranty refers to any commitment by the entrepreneur, their supplier, importer, or manufacturer in which they grant the consumer specific rights or claims that go beyond what they are legally required to provide in the event they fail to fulfill their obligations under the agreement.

Article 13 – Delivery and Execution

 

1. 1. The entrepreneur will exercise the utmost care when receiving and executing product orders and when assessing requests for the provision of services.

 

2. 2. The place of delivery is the address that the consumer has provided to the entrepreneur.

 

3. 3. In accordance with what is stated in Article 4 of these terms and conditions, the entrepreneur will fulfill accepted orders with due haste but no later than 30 days, unless a different delivery term has been agreed upon. If delivery is delayed, or if an order can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In such a case, the consumer has the right to cancel the agreement at no cost and is entitled to any applicable compensation.

 

4. 4. After cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount the consumer has paid without delay.

 

5. 5. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and known to the entrepreneur, unless explicitly agreed otherwise.

Article 14 – Duration of Transactions: Duration, Termination, and Extension

Termination:

 

1. 1. The consumer may terminate an agreement that has been entered into for an indefinite period and concerns the regular delivery of products (including electricity) or services, at any time, subject to the agreed-upon termination rules and a notice period of no more than one month.

 

2. 2. The consumer may terminate an agreement that has been entered into for a fixed period and concerns the regular delivery of products (including electricity) or services, at any time, with notice given before the end of the fixed period, subject to the agreed-upon termination rules and a notice period of no more than one month.

 

3. 3. The consumer may terminate the agreements mentioned in the previous sections:

 

• • At any time, without being restricted to termination at a specific time or during a specific period;

• • At least in the same manner as the agreement was made by the consumer; 

• • Always with the same notice period as the entrepreneur has set for themselves.

Extension:

 

1. 1. An agreement entered into for a fixed period and concerning the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a specific period.

 

2. 2. Notwithstanding the previous paragraph, an agreement for a fixed period concerning the regular delivery of daily, weekly newspapers, and magazines may be automatically extended for a maximum period of three months, provided that the consumer can terminate this extended agreement by the end of the extension, with a notice period of no more than one month.

 

3. 3. An agreement entered into for a fixed period and concerning the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate it at any time, with a notice period of no more than one month. The notice period may be up to three months if the agreement concerns the regular (but less than once per month) delivery of daily, weekly newspapers, and magazines.

 

4. 4. A limited-duration agreement for the regular delivery of daily, weekly newspapers, and magazines (trial or introductory subscription) will not be automatically extended and will terminate automatically after the trial or introductory period ends.

Duration:

 

1. 1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, with a notice period of no more than one month, unless termination before the end of the agreed duration is unreasonable or unjustifiable.

Article 15 – Payment

 

1. 1. Unless otherwise specified in the agreement or supplementary conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or if there is no reflection period, within 14 days after the conclusion of the agreement. In the case of a service agreement, this period starts on the day after the consumer has received confirmation of the agreement.

 

2. 2. In the sale of products to consumers, the consumer may never be obligated in the general terms and conditions to prepay more than 50%. When a prepayment has been agreed upon, the consumer may not assert any rights concerning the execution of the relevant order or service(s) until the agreed prepayment has been made.

 

3. 3. The consumer is obliged to promptly inform the entrepreneur of any inaccuracies in the provided or mentioned payment details.

 

4. 4. If the consumer fails to meet their payment obligations on time, they are, after being notified by the entrepreneur of the overdue payment and being granted a 14-day period to fulfill the payment obligations, liable to pay the statutory interest on the outstanding amount after this 14-day period has passed. The entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the following €5,000, with a minimum of €40. The entrepreneur may, in favor of the consumer, deviate from these amounts and percentages.

Article 16 – Complaint Procedure

 

1. 1. The entrepreneur has a sufficiently communicated complaints procedure and handles complaints in accordance with this procedure.

 

2. 2. Complaints regarding the execution of the agreement must be submitted to the entrepreneur in writing within a reasonable time after the consumer has detected the defects, fully and clearly described.

 

3. 3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

 

4. 4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

 

1. 1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 18 – Additional or Deviating Provisions

Additional or deviating provisions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.