General Terms and Conditions
GENERAL TERMS AND CONDITIONS LUNELLE AMSTERDAM
This website is operated by Lunelle Amsterdam. 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 of Service" and "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
SECTION 1 – ONLINE STORE TERMS
1.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
1.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3 You must not transmit any worms or viruses or any code of a destructive nature.
1.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – IDENTITY OF THE ENTREPRENEUR
Customer service email address: klantenservice@lunelleamsterdam.nl
Website: https://lunelleamsterdam.nl/
Address: Thoornpolder 28, 2134WN Hoofddorp, Netherlands (not a return address)
Company name: Blanck Ecom
Chamber of Commerce number: 93205554
VAT number: NL005005382B84
SECTION 3 – GENERAL CONDITIONS
3.1 We reserve the right to refuse service to anyone for any reason at any time, to the extent permitted by law.
3.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve:
a. transmissions over various networks; and
b. changes to conform and adapt to technical requirements of connecting networks or devices.
3.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
4.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
4.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
4.3 We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site, unless legally required. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
5.1 Prices for our products are subject to change, in accordance with applicable legal rules.
5.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
5.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service, except where liability cannot be excluded by mandatory law.
SECTION 6 – PRODUCTS OR SERVICES
6.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return only according to our Return Policy and applicable legal rules.
6.2 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
6.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. Product descriptions or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
6.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. Your statutory rights regarding conformity, warranty and defective products remain unaffected.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
7.1 We reserve the right to refuse any order you place with us, if there is a valid reason. We may, in our sole discretion and to the extent permitted by law, limit or cancel quantities purchased per person, per household or per order.
7.2 These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
7.3 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
SECTION 8 – PRICE
8.1 The prices displayed on the website and how taxes, import duties, customs clearance costs and other levies are handled, are clearly stated with the offer and during checkout.
To the extent goods are shipped directly from a country outside the European Union, import VAT, customs duties, customs clearance costs or other local levies may apply.
8.2 Notwithstanding the foregoing, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market over which the entrepreneur has no influence. This dependency and the fact that the prices mentioned may be indicative are clearly stated in the offer.
8.3 Price increases within three months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
8.4 Price increases from three months after the conclusion of the agreement are only permitted if:
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement from the date on which the price increase takes effect.
SECTION 9 – OPTIONAL TOOLS
9.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
9.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools, except where liability cannot be excluded by law.
9.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
9.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – THIRD-PARTY LINKS
10.1 Certain content, products and services available via our Service may include materials or services from third-parties.
10.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
10.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites, except where liability cannot be excluded by law.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
11.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, to the extent permitted by law, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation:
a. to maintain any comments in confidence, unless otherwise agreed;
b. to pay compensation for any comments; or
c. to respond to any comments.
11.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
11.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or other systems.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
11.4 We take no responsibility and assume no liability for any comments posted by you or any third-party, except where liability cannot be excluded by law.
SECTION 12 – IMPORT AND VAT
12.1 Shipping Environment
The customer acknowledges that goods ordered through this website may be shipped directly by a third-party supplier outside the European Union or the United Kingdom.
12.2 Taxes and Import Duties
The tax treatment of an order depends on, among other things, the country of shipment, the country of destination, the value of the order and the shipping and payment structure used.
During the ordering process, it will be clearly stated which taxes and costs are collected by Lunelle Amsterdam and which potential amounts may be separately due by the customer upon import.
12.3 Importer of the Goods
To the extent that the customer is considered the importer of the goods under applicable customs or tax legislation, the customer is responsible for the import formalities legally borne by the importer.
12.4 Import Costs
Depending on the country of delivery, the following costs may be imposed:
a. import VAT at the applicable rate;
b. customs duties, levies or taxes;
c. customs clearance fees, brokerage fees or administrative surcharges from customs authorities, carriers or courier services.
If these costs have not already been paid during checkout, they may be collected by the delivering postal or courier service at or prior to delivery.
12.5 Import Delays
Lunelle Amsterdam is not responsible for delays caused solely by customs controls or import procedures, unless the delay can be attributed to Lunelle Amsterdam.
The statutory rights of the consumer remain unaffected.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
13.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
13.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice. If an obvious error affects an order already placed, we will notify you as soon as possible.
13.3 We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
14.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
a. for any unlawful purpose;
b. to solicit others to perform or participate in any unlawful acts;
c. to violate any international, national, provincial or state regulations, rules, laws, or local ordinances;
d. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f. to submit false or misleading information;
g. to upload or transmit viruses or any other type of malicious code;
h. to collect or track the personal information of others;
i. to spam, phish, pharm, pretext, spider, crawl, or scrape;
j. for any obscene or immoral purpose; or
k. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
14.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 – WARRANTIES AND LIMITATION OF LIABILITY
15.1 We strive to ensure that the Service functions securely, timely and reliably. However, we cannot guarantee that the website will be available at all times without interruption or errors.
15.2 We reserve the right to temporarily interrupt the Service or modify or terminate parts of it, to the extent reasonable and legally permissible.
15.3 Products and services are delivered in accordance with the agreement, product information and legal conformity requirements.
Nothing in these Terms of Service limits your statutory rights regarding warranty, conformity, repair, replacement, price reduction or termination.
15.4 To the extent permitted by law, we are not liable for indirect damages, consequential damages, loss of profit, loss of data or other business damages.
This limitation does not apply if the damage is the result of intent or deliberate recklessness on the part of Lunelle Amsterdam, nor if liability cannot be excluded or limited by mandatory law.
SECTION 16 – RETURN POLICY
16.1 The customer has the right to revoke a product within 14 days of receipt without stating a reason, unless a statutory exception to the right of withdrawal applies.
After notifying us of the withdrawal, the customer has another 14 days to return the product.
The customer bears the direct costs of returning the product, provided this has been clearly communicated before the conclusion of the agreement.
Return instructions and the correct return address will be provided by Lunelle Amsterdam. A product may only be returned to the return address specified by Lunelle Amsterdam.
16.2 The customer is responsible for any diminished value of the product if the product has been used beyond what is necessary to establish its nature, characteristics, and functioning.
Lunelle Amsterdam will refund the due amounts within the legal period and may postpone reimbursement until the returned product has been received or until the customer proves that the product has been returned.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lunelle Amsterdam and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of:
a. your wrongful breach of these Terms and Conditions;
b. your violation of any applicable law; or
c. your violation of the rights of a third party.
This provision applies only to the extent permitted by law.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed to be severed from these Terms and Conditions, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – TERMINATION
19.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes to the extent that it derives from their nature.
19.2 These Terms and Conditions are effective unless and until terminated by either you or us.
You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
19.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
SECTION 20 – ENTIRE AGREEMENT
20.1 The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
20.2 These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions) unless the parties have explicitly agreed otherwise in writing.
20.3 Any ambiguities in the interpretation of these Terms and Conditions shall be interpreted in accordance with applicable Dutch law and shall not adversely affect the legal protection of consumers.
SECTION 21 – GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands.
For consumers, this choice of law does not affect the mandatory protection they enjoy under the law of the country where they have their habitual residence.
Disputes will be submitted to the court with jurisdiction according to law.
SECTION 22 – PRIORITY OVER COUNTERPARTY TERMS
These Terms and Conditions shall prevail over any general terms and conditions of a business counterparty, including terms and conditions included in orders, invoices, or other documents.
Counterparty terms that conflict with or deviate from these Terms and Conditions are rejected, unless we explicitly agree to them in writing.
For consumers, this provision only applies to the extent permitted by law.
SECTION 23 – PRIORITY OF A SPECIFIC AGREEMENT
In case of contradictions or inconsistencies between these Terms and Conditions and a specific written agreement between the customer and the entrepreneur, the provisions of the specific agreement shall prevail.
The conflicting provisions from these Terms and Conditions will not be applied in that case.
SECTION 24 – CHANGES TO TERMS AND CONDITIONS
24.1 You can review the most current version of the Terms and Conditions at any time at this page.
24.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions.
Changes do not apply retroactively to agreements already concluded, unless permitted by law or if the change is beneficial to the consumer.
24.3 In the event of material changes, we may inform you about this via the website or by email.
Continued use of the website after a change does not automatically mean that legal consumer rights or previously concluded agreements are forfeited.
CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at:
Email: klantenservice@lunelleamsterdam.nl
Website: https://lunelleamsterdam.nl/
Address: Thoornpolder 28, 2134WN Hoofddorp, Netherlands (no return address)
Company name: Blanck Ecom
Chamber of Commerce number: 93205554
VAT number: NL005005382B84