Terms & conditions

Below you will find our general terms and conditions. Do you have any questions? Then feel free to contact us at: Contact

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Reflection Period: The period within which the consumer can exercise their right of withdrawal.
  • Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
  • Day: Calendar day.
  • Continuing Performance Contract: A distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over a longer period.
  • Durable Data Carrier: Any means that enables the consumer or entrepreneur to store information addressed to them personally in such a way that future consultation and unaltered reproduction of the stored information is possible.
  • Right of Withdrawal: The possibility for the consumer to withdraw from the distance contract within the reflection period.
  • Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely.
  • Distance Contract: An agreement concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, where up to and including the conclusion of the agreement, only one or more means of distance communication are used.
  • Means of Distance Communication: A means that can be used for concluding an agreement without the consumer and entrepreneur being in the same place at the same time.
  • General Terms and Conditions: The present general terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

  • Email address: support@lunensa.de
  • Trade name: Lunensa
  • Chamber of Commerce number: 90325419
  • Address: Bloemsingel 198, Groningen, Netherlands

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
  2. Before concluding a distance contract, 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 before the distance contract is concluded that the general terms and conditions can be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting terms and conditions, the consumer can always rely on the most favorable applicable provision.
  5. Should one or more provisions of these general terms and conditions be wholly or partially void or invalid at any time, the agreement and these terms and conditions shall otherwise remain in effect, and the relevant provision will be replaced by a provision that closely approximates the intent of the original.
  6. Any ambiguities regarding the interpretation or content of one or more provisions of our general terms and conditions must be explained "in the spirit" of these terms and conditions.

Article 4 – The Offer

  1. If an offer is subject to a limited validity period or conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
  4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or the dissolution of the contract.
  5. Accompanying product images are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
  6. Every offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns in particular:
    • The price, excluding customs costs and import VAT. These additional costs are borne by the customer. The postal and/or courier service benefits from the special arrangement for postal and courier services for imports. This arrangement applies when the goods are imported into the EU destination country.
    • Any shipping costs.
    • The manner in which the agreement is concluded and which actions are required.
    • Whether or not the right of withdrawal applies.
    • The method of payment, delivery, and execution of the agreement.
    • The deadline for accepting the offer or the period within which the entrepreneur guarantees the price.
    • The tariff for distance communication, if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used.
    • Whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer.
    • The manner in which the consumer can check and, if necessary, correct the data provided by them before concluding the agreement.
    • Any other languages, in addition to German, in which the agreement can be concluded.
    • The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically.
    • The minimum duration of the distance contract in the case of an extended transaction.
    • Optional: Available sizes, colors, and types of materials.

Article 5 – The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed the receipt of this acceptance, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur may – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request or to attach special conditions to the execution.
  5. The entrepreneur will provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, accompanying the product or service:
    • The address of the entrepreneur's establishment to which the consumer can turn with complaints.
    • The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
    • Information on guarantees and existing customer service.
    • The information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.
    • The conditions for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  6. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
  7. Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the right to cancel the contract without giving any reason within 14 days. This cooling-off period begins on the day after the consumer, or a representative designated by the consumer and made known to the entrepreneur, receives the product.

During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product along with all supplied accessories, in its original condition and packaging, if reasonably possible, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The consumer must do so by submitting a written notice via email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the product was returned on time, for example by providing proof of shipment.

If, after the periods mentioned in paragraphs 2 and 3, the consumer has not communicated their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the return shipping costs will be borne by the consumer.

If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the cancellation. This refund will occur provided that the entrepreneur has received the product back or has received conclusive proof of the product’s return.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for specific products, as outlined in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly indicated this in the offer or at least before concluding the contract.

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

  1. That have been manufactured according to the consumer's specifications;
  2. That are clearly personal in nature;
  3. That cannot be returned due to their nature;
  4. That are liable to deteriorate or expire rapidly;
  5. Whose price is subject to fluctuations in the financial market beyond the entrepreneur's control;
  6. For individual newspapers and magazines;
  7. For audio and video recordings and computer software that the consumer has unsealed;
  8. For hygiene products where the seal has been broken by the consumer.

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

  1. Concerning accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;
  2. Where the delivery has started with the consumer's explicit consent before the cooling-off period has expired;
  3. Concerning betting and lotteries.

Article 9 – The Price

During the validity period indicated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services at variable prices if these prices are subject to fluctuations in the financial market beyond the entrepreneur's control. This dependency on fluctuations and the fact that any mentioned prices are target prices will be indicated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

  1. They result from statutory regulations or provisions; or
  2. The consumer has the right to terminate the contract as of the day on which the price increase takes effect.

The prices stated in the offer for products and services are inclusive of VAT, except for customs duties and import VAT, which are borne by the customer. The postal or courier service may benefit from a special regulation when importing the goods into the EU destination country.

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

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period 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:

  1. The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
  2. The delivered products have been exposed to abnormal conditions or have been otherwise handled carelessly or contrary to the entrepreneur's instructions or the product's packaging;
  3. The defect is the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

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

The delivery location is the address that the consumer has provided to the company.

In accordance with the information provided in Article 4 of these General Terms and Conditions, the company will promptly process accepted orders, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or 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 contract at no cost and is entitled to compensation.

In the event of cancellation according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the cancellation.

If the delivery of an ordered product is found to be impossible, the entrepreneur will make an effort to provide a replacement product. The consumer will be clearly informed, at the latest upon delivery, that a replacement product will be delivered. For replacement products, the right of withdrawal cannot be excluded. The cost of any return shipping will be borne by the entrepreneur.

The risk of damage and/or loss of products remains with the entrepreneur until the time of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless otherwise expressly agreed.

Article 12 – Duration Transactions: Termination and Extension

Termination

The consumer may terminate an open-ended contract for the regular delivery of products (including electricity) or services at any time, with a notice period of no more than one month.

The consumer may terminate a fixed-term contract, which is for the regular delivery of products (including electricity) or services, at the end of the fixed period, with due regard to the applicable termination rules and with a notice period of no more than one month.

The consumer can terminate the contracts mentioned in the previous paragraphs:

  1. At any time, and not be restricted to termination at a specific time or during a specific period;
  2. In the same manner as they were entered into;
  3. Always with the same notice period that the entrepreneur has stipulated for itself.

Extension

A fixed-term contract for the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a specified period.

Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines may be automatically extended for a specified period of up to three months if the consumer is able to terminate the extended contract with a notice period of no more than one month.

A fixed-term contract for 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, or three months if the contract involves the regular delivery of daily, news, and weekly newspapers and magazines that occurs less frequently than once a month.

A temporary contract for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically renewed and will automatically end at the conclusion of the trial or introductory period.

Duration

If a contract has a duration of more 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 dictate otherwise.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as mentioned in paragraph 1. This period begins after the consumer has received the contract confirmation.

The consumer is obliged to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.

If the consumer does not pay, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs that were made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance of the contract must be submitted clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will acknowledge receipt of the complaint within 14 days and provide an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur has stated otherwise in writing.

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

Article 15 – Disputes

Agreements between the entrepreneur and the consumer, to which these General Terms and Conditions apply, are exclusively governed by German law, even if the consumer resides abroad.