Terms and Conditions
Table of Contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Articele 3 - Applicability
Articele 4 - The offer
Articele 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and execution
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Definitions
In these terms and conditions the following definitions apply:
Grace period: the period within which the consumer can exercise his right of withdrawal.
Consumer: the natural person who is not acting in the exercise of profession or business and enters into a distance contract with Lili Moonshine.
Duration 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.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period.
Lili Moonshine: the natural or legal person who offers products and/or services to consumers from a distance.
Distance agreement: an agreement where, within the framework of a system organized by Lili Moonshine for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
Identity of the entrepreneur
Lili Moonshine BV
Ranstsesteenweg 76
2520 Emblem
Belgium
+32477.38.78.65
info@lilimoonshine.be
BE 1018.083.393
Bank Crelan BE74 1030 9600 4507
Applicability
These general terms and conditions are applicable to each offer of Lili Moonshine and to each distance contract and order concluded between Lili Moonshine and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions shall be made available to the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general conditions at any time wholly or partially void or destroyed, then the agreement and these conditions for the rest remain in force and the provision concerned will be replaced by mutual agreement immediately by a provision that the scope of the original as closely as possible.
Situations not provided for in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
The offer
The offer is without obligation. Lili Moonshine is entitled to change and adapt the offer.
The offer of Lili Moonshine is handmade and therefore always unique, according to the inspiration the products can change shape or color.
The offer contains a complete and accurate description of the offered products. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Lili Moonshine uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Lili Moonshine.
All images, specifications and data in the offer are indicative and can not lead to compensation or dissolution of the agreement.
Pictures of products are truthful representations of the products offered. Lili Moonshine cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price;
the possible costs of shipment;
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery, collection and performance of the agreement;
The agreement
If the consumer has accepted the offer electronically, Lili Moonshine shall immediately confirm electronically the receipt of the acceptance of the offer. As long as this acceptance has not been confirmed by Lili Moonshine, the consumer can dissolve the agreement.
If the agreement is concluded electronically, Lili Moonshine shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, Lili Moonshine will observe appropriate security measures for this purpose.
Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Right of withdrawal
When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to use his right of withdrawal, he is obliged to notify Lili Moonshine within 14 days after receipt of the product. The consumer must notify Lili Moonshine by e-mail ( info@lilimoonshine.be ). After the consumer has expressed his wish to use his right of withdrawal, the consumer has to return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
If the customer has not expressed his intention to use his right of withdrawal or has not returned the product to the entrepreneur after the expiration of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, at most the costs of return shipment will be at his expense.
If the consumer has paid an amount, Lili Moonshine will refund this amount as soon as possible, but at the latest within 14 days after revocation. The condition is that the product has already been received back by Lili Moonshine. Reimbursement will be made through the same payment method used by the consumer unless the consumer explicitly authorizes another payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.
The consumer cannot be held liable for depreciation of the product when not all legally required information about the right of withdrawal has been provided by Lili Moonshine, this should be done before the conclusion of the purchase agreement.
Exclusion of the right of withdrawal
Lili Moonshine can exclude the consumer's right of withdrawal for products. The exclusion of the right of withdrawal applies only if Lili Moonshine clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products that are custom-made by Lili Moonshine according to specifications of the consumer.
Price
All prices used by Lili Moonshine are in Euros, include VAT and other costs such as administration costs, levies and travel, shipping or transport costs, unless otherwise expressly stated or agreed upon.
All prices used by Lili Moonshine for its products, on its website or otherwise made known, Lili Moonshine can change at any time. the period of validity stated in the offer, the prices of the products and/or services offered are not increased.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, Lili Moonshine is not obliged to deliver the product according to the incorrect price.
Increases in the cost price of products or parts thereof, which Lili Moonshine could not foresee at the time of making the offer or the agreement, can lead to price increases.
The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 5, unless the increase is the result of a legal regulation.
Conformity and warranty
Lili Moonshine guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.
Any defects or incorrectly delivered products must be reported to the Lili Moonshine in writing within 7 days after delivery. Products must be returned in their original packaging and in new condition.
However, Lili Moonshine is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The delivered products are exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of Lili Moonshine.
Delivery and execution
Shipping costs to Belgium 6,95€ - Free shipping from 100€.
Shipping costs to the Netherlands 9,50€ - Free shipping from 100€.
Shipping costs to Luxembourg 9,50€ - Free shipping from 100€.
Shipping costs to Germany 9,50€ - Free shipping from 100€.
Shipping costs to France 11,50€ - Free shipping from 125€.
Shipping costs to Spain 13,50€.
Shipping costs to Italy 13,50€
Shipping costs to Austria 13,50€.
Shipping costs to Ireland 13,50€.
The place of delivery is the address that the consumer has made known to Lili Moonshine.
When picking up a product, the consumer must report any visible damage to products or packaging to Lili Moonshine prior to transport, failing which Lili Moonshine cannot be held liable for any damage.
Taking into account what is mentioned in paragraph 5 of this article, Lili Moonshine will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the consumer to compensation.
The delivery period starts when the consumer has completed the (electronic) ordering process and has received an (electronic) confirmation from Lili Moonshine.
Once the order has been shipped, the consumer will receive a shipping confirmation via email.
If delivery of an ordered product turns out to be impossible, Lili Moonshine will refund the consumer as soon as possible, but at the latest within 14 days.
If the packaging of a delivered product has been opened or damaged, the customer must, before accepting the product, make a note of this by the shipper or delivery person, failing which Lili Moonshine cannot be held responsible for any damage.
Payment
Unless otherwise agreed, the amounts due by the consumer must be paid within 7 business days after the consumer receives the confirmation of the agreement.
When entering into the agreement for customized products, Lili Moonshine may require a down payment of up to 50% of the agreed amount.
If the consumer fails to pay on time, Lili Moonshine may suspend its obligations until the consumer has fulfilled his/her payment obligation.
In case of non-payment of the consumer, Lili Moonshine has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.
Complaints procedure
If a delivered product or service does not meet the expectations of the consumer, the consumer should inform Lili Moonshine as soon as possible, but in any case within 7 days after delivery. The consumer should provide as detailed a description of the shortcoming as possible, so that Lili Moonshine is able to respond adequately.
Complaints submitted to Lili Moonshine will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Lili Moonshine will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
For complaints, a consumer should first turn to Lili Moonshine.
If a complaint is found to be justified by Lili Moonshine, Lili Moonshine will, at its option, either replace the delivered products free of charge.
The consumer must give notice of default in writing to Lili Moonshine.
It is the responsibility of the consumer that a notice of default actually reaches Lili Moonshine (on time).
Disputes
On agreements between Lili Moonshine and the consumer to which these general conditions apply, only Belgian law is applicable. Even if the consumer resides abroad.
Drawn up on 06 December 2021.