TERMS & CONDITIONS
OVERVIEW
Article 1 - Definitions
Article 2 - Applicability
Article 3 - The Offer
Article 4 - The Agreement (Contract)
Article 5 - Right of Withdrawal and Cooling-off period: Rights and Obligations
Article 6 - Exercising the Consumer’s right of withdrawal and costs
Article 7 - Enterprise’s obligations in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - Return Policy
Article 10 - The Price
Article 11 - Payment
Article 12 - Products or Services
Article 13 - User comments, feedback and other submissions
Article 14 - Personal Information
Article 15 - Prohibited Uses
Article 16 - Disclaimer of warranties; limitation of liability
Article 17 - Severability
Article 18 - Termination
Article 19 - Complaints Procedure
Article 20 - Governing Law
Article 21 - Contact Information
Article 22 - Appendix I: Form for withdrawal
OVERVIEW
1. This website is operated by The Lucky Moon. Throughout the site, the terms “we”, “us” and “our” refer to The Lucky Moon. The Lucky Moon 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.
2. By visiting our site and/or purchasing something from us, you engage in our service and agree to be bound by the following Terms and Conditions including those additional Terms and Conditions and policies referenced herein and/or available at www.theluckymoon.com. These Terms and Conditions apply to all Users of the site, including without limitation Users who are browsers, vendors, customers, merchants, and/or contributors of content.
3. Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may need to discuss new terms with us based on the unique circumstances which may arise. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
4. Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
5. Our store is hosted on WIX.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
6. By agreeing to these Terms and Conditions, 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.
7. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Article 1 - Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
1. User: Any person who uses or operates our website and engages with the Enterprise. (Used interchangeably with Consumer [below]).
2. Consumer: Any person who uses or operates our website and engages with the Enterprise. (Used interchangeably with User [above]).
3. Enterprise: the natural or legal person who provides products, (access to) digital content and or services to Consumers at a distance.
4. Service: Any provision of services or assistance or advice given to customers during and after the sale of goods. Service can include the engagement between Users and the Enterprise through direct or indirect means.
5. Product: An article that is manufactured or refined for sale.
6. Additional agreement/contract: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Enterprise or a third party on the basis of an arrangement between this third party and the Enterprise.
7. Cooling-off period: the period during which the Consumer may use his right of withdrawal.
8. Digital content: data produced and delivered in digital form.
9. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period.
10. Sustainable data carrier: any means, including email, that allow the Consumer or the Enterprise to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
11. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period.
12. Distance contract: a contract concluded by the Enterprise and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract.
13. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Enterprise being together in the same place at the same time.
14. Day: An ordinary 24-hour period from midnight to midnight.
Article 2 - Applicability
These Terms and Conditions cover our Terms of Use for the website www.theluckymoon.com as well as sales of products and services concluded without a contract, between the Consumer and the Enterprise. Please note that most sales will require specific or additional contract terms which require the prior explicit consent and agreement from both the Enterprise and the Consumer. These Terms and Conditions are used in the event that a contract is not concluded, and serve to provide an insight into some common terms and conditions that may or may not govern additional agreements and contracts.
Article 3 - The Offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Enterprise makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Enterprise.
3. All offers contain such information that it is clear to the Consumer.
Article 4 - The Agreement (Contract)
1. These Terms and Conditions apply to any offer from the Enterprise and to any distance contract concluded by the Enterprise and the Consumer.
2. In the event that specific conditions apply in addition to these Terms and Conditions, or in the event of contradictory Terms and Conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
3. Subject to the provisions in in these Terms and Conditions, the contract becomes valid when the Consumer has accepted the offer and fulfilled the Terms and Conditions set.
4. If the Consumer accepted the offer via electronic means, the Enterprise shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
5. If the contract is concluded electronically, the Enterprise will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Enterprise shall observe appropriate security measures.
6. The Enterprise may, within the limits of the law, gather information about the Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Enterprise has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
7. Before delivering the product, the Enterprise shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier; (a) the contact details of the Enterprise´s business establishment where the Consumer contact to handle any complaints; (b) the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal; (c) the information corresponding to existing after-sales services and guarantees; (d) The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract; (e) the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
8. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
Article 5 - Right of Withdrawal and Cooling-off period: Rights and Obligations
1. In case of products: The Consumer can repudiate a purchase contract for a product without giving reasons for a period of cooling-off of at least 14 days. The Enterprise may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
2. The cooling-off period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier; or (a) If the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product; or (b) In case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part; or (c) In case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product.
3. During the cooling-off period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed as contained in this sub-clause.
4. In case of services and digital content that is not delivered on a physical carrier: The Consumer can terminate an agreement for services or an agreement for delivery of digital content in terms of the specific contract of service between the Consumer and the Enterprise.
Article 6 - Exercising the Consumer’s right of withdrawal and costs
1. If the Consumer exercises his right of withdrawal he shall notify the Enterprise unambiguously with the standard form for withdrawal within the period of cooling-off. No returns of product will be accepted without prior discussion and agreement between the Consumer and the Enterprise on the terms of withdrawal, return of product and refund.
2. The Consumer shall return the product or deliver it to (the authorised representative of) the Enterprise as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1, or on such a date as agreed upon in writing by the Consumer and the Enterprise. This need not be done if the Enterprise offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of cooling-off.
3.The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Enterprise and/or as stated in the Return Policy below. Subsequent receipt of a returned product that is damaged will void eligibility for a refund.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
5. The Consumer shall bear the direct costs of returning the product. If the Enterprise has not reported that the Consumer has to bear these costs or if the Enterprise pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.
6. The Consumer does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if: (a) prior to the delivery, he has not explicitly consented to start performance of the agreement before the end of the period of cooling-off; (b) he did not acknowledge to lose his right of withdrawal when giving consent; or (c) the Enterprise failed to confirm the Consumer’s statement.
7. If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.
8. Please consult our Return Policy below for more details pertaining to returns.
Article 7 - Enterprise’s obligations in case of withdrawal
1. If the Enterprise makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
2. The Enterprise shall reimburse all payments made by the Consumer, excluding any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Enterprise offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.
3. The Enterprise shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Enterprise need not reimburse the additional costs for the more expensive method.
Article 8 - Exclusion of right of withdrawal
1. The Enterprise can exclude the following products and services from the right of withdrawal but only if the Enterprise notified this clearly when making the offer or at any rate in good time before concluding the agreement:
a. Products or services with a price that is subject to fluctuations in the financial market on which the Enterprise has no influence and which may occur within the period of withdrawal;
b. Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby the Enterprise offers products, digital content and/or services to the Consumer who is personally present or has the possibility to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the services;
c. Services agreements, after full performance of the service, but only if: (a) the performance started with the Consumer’s explicit prior consent; and: (b) the Consumer was made aware that he will lose his right of withdrawal as soon as the Enterprise has fully performed the agreement;
d. Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person;
e. The delivery of digital content other than on a physical carrier, but only if: (a) the performance was started with the Consumer’s explicit prior consent; and (b) the Consumer was made aware that he will lose his right of withdrawal by doing so.
Article 9 - Return Policy
1. In case of exercise of right of withdrawal:
a. The Consumer must unpack the artwork carefully and retain all packaging until the Consumer has decided that they are sasisfied with the purchase.
b. From the time the Consumer receives the original artwork, the Consumer has fourteen (14) days (the cooling-off period) to decide whether to keep the work or return the artwork in its original condition for a refund.
c. The Enterprise requires all returned artwork to be shipped out by the Consumer within three (3) days after confirming with the Enterprise that the work will be returned, unless otherwise agreed to in writing between he Enterprise and the Consumer.
d. If the Consumer does not notify the Enterprise of their intent to return the work within the cooling-off period, or does not ship the work within 3 days of notifying the Enterprise, or within the time period otherwise agreed to in writing, the Consumer will not be eligible for a refund. Some exceptions may apply. Please contact the Enterprise for an assessment of the specific situation in this regard.
2. In the case of receipt of damaged work:
a. Save the original packaging.
b. Take photos of damaged artwork and packaging.
c. Please email the photos of the damaged artwork to the Enterprise as well as supply the order information and any additional reasons for wanting to return the work.
d. The Enterprise will contact the Consumer to discuss further steps.
3. To effect a return and refund:
a. Please contact the Enterprise’s email support, supply the order information and the reason for wanting to return the work.
b. Repackage the artwork using the original packaging materials. If the Consumer has already disposed of the original packaging, the Consumer will be responsible for purchasing similar acid free packaging materials to send the artwork back safely and securely to the artist. Please contact the Enterprise for advice if needed.
c. Once the piece safely reaches the Enterprise, the Enterprise will process the Consumer’s return and the amount owed will be refunded to the original source of payment in the same currency (minus shipping costs and international customs fees, if any), unless otherwise agreed to in writing. Damaged art work caused by improper packaging will not be refunded.
Article 10 - The Price
1. Prices for the Enterprise’s products are subject to change without notice.
2. The Enterprise reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
3. The Enterprise shall not be liable to the Consumer or to any third-party for any modification, price change, suspension or discontinuance of the Service.
4. Price changes will not affect offers that have already been concluded between the Consumer and the Enterprise. An offer is concluded once an order has been placed by the Consumer and is received by and agreed to by the Enterprise.
5. All prices indicated in the provision of products or services are including VAT.
Article 11 - Payment
1. Payment is strictly to be made upon conclusion of the contract, and prior to or at the time of the delivery of the product or service, unless otherwise agreed upon in writing between the Consumer and the Enterprise.
2. In case the Consumer has not complied with his payment obligation(s) in time, and the Enterprise has pointed out to him that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and the Enterprise is entitled to charge the Consumer with any extrajudicial collection costs. The Enterprise may deviate from the aforementioned amounts and percentages in favour of the Consumer.
Article 12 - Products or Services
1. Certain products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
2. The Enterprise has made every effort to display as accurately as possible the colours and images of its products that appear in the store. We cannot guarantee that the User’s computer monitor's display of any colour will be accurate.
3. The Enterprise reserves the right, but is not obligated, to limit the sales of products or Services to any person, geographic region or jurisdiction. The Enterprise may exercise this right on a case-by-case basis. The Enterprise reserves the right to limit the quantities of any products or services that it offers. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of the Enterprise. The Enterprise reserves the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
4. The Enterprise does not warrant that the quality of any products, services, information, or other material purchased or obtained by the Consumer will meet individual expectations. The Enterprise will attempt to accommodate the Consumer’s concerns in any way possible and will attempt to rectify any errors in service or quality, or any errors and discrepancies resulting from miscommunications between the Enterprise and the Consumer.
Article 13 - User comments, feedback and other submissions
1. If, at the Enterprise’s request, Users send certain specific submissions (for example contest entries) or without a request from the Enterprise, Users send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), Users agree that the Enterprise may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that Users forward to it. The Enterprise is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
2. The Enterprise may, but has no obligation to, monitor, edit or remove content that it determines in its sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
3. Users agree that their comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. Users further agree that their 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. Users may not use a false e-mail address, or otherwise mislead the Enterprise or third-parties as to the origin of any comments. Users are solely responsible for any comments they make and their accuracy. The Enterprise takes no responsibility and assumes no liability for any comments posted by Users or any third-party.
Article 14 - Personal Information
Users submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy please click here.
Article 15 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, Users 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, federal, 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 that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (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. The Enterprise reserve the right to terminate Users use of the Service or any related website for violating any of the prohibited uses.
Article 16 - Disclaimer of warranties; limitation of liability
1. The Enterprise does not guarantee, represent or warrant that Consumers/Users use of our service will be uninterrupted, timely, secure or error-free.
2. The Enterprise does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
3. Users/Consumers agree that from time to time the Enterprise may remove the service for indefinite periods of time or cancel the service at any time, without notice.
4. Users/Consumers expressly agree that the use of, or inability to use, the service is at the Users/Consumers sole risk. The service and all products and services delivered to Users/Consumers through the service are (except as expressly stated by the Enterprise) provided 'as is' and 'as available' for Users/Consumers use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
5. In no case shall The Lucky Moon, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Since some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Article 17 - 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, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Article 18 - Termination
1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
2. These Terms and Conditions are effective unless and until terminated by either the User/Consumer or the Enterprise. Users may terminate these Terms and Conditions at any time by notifying the Enterprise that they no longer wish to use the Enterprise’s Services, or when Users cease using this site.
3. If in the Enterprise’s sole judgment the User/Consumer fails, or the Enterprise suspects that the User/Consumer has failed, to comply with any term or provision of these Terms and Conditions, the Enterprise may terminate this agreement at any time without notice and the User/Consumer will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the User/Consumer access to the Enterprise’s Services (or any part thereof).
Article 19 - Complaints Procedure
1. Complaints about the performance of the contract shall be submitted fully and clearly described to the Enterprise within a reasonable time after the Consumer discovered the defects.
2. The complaints submitted to the Enterprise shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Enterprise shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
3. If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to further dispute resolution mechanisms.
Article 20 - Governing Law
1. 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 Republic of South Africa.
2. Where possible, these Terms and Conditions have been aligned to conform with both South African law and European law due to the nature of international sales. Please be aware that there may be discrepancies between the law in which case the South African law shall be favoured unless explicitly stated as otherwise within these Terms and Conditions.
Article 21 - Contact Information
Questions about the Terms and Conditions should be sent to us at info@theluckymoon.com.
Article 22 - Appendix I: Form for withdrawal
(Complete this form and return it only when you want to revoke the agreement)
To:
Tamara de Jong acting under The Lucky Moon
South Africa
Alternatively by registered post to : Postnet Suite 114 Private Bag X15 Menlo Park 0102
"I hereby inform you that I wish to revoke our agreement on the sale of the following products: [specification of the product]* / the delivery of the following digital content [specification of the digital content]* / the performance of the following service [specification of the service]*
Ordered on / received on [date of ordering the services or receiving products]*- [Consumer’s name]*- [Consumer’s address]*- [Consumer’s signature]* (only when this form is submitted on paper)
* Delete and/or complete where appropriate.
Please send us an e-mail before you return your product (admin@theluckymoon.com)