General terms and conditions

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Article 1 – Definitions Article 2 – Identity of the company Article 3 – Applicability Article 4 – The offering Article 5 – The agreement Article 6 – Revocation right Article 7 – Consumer’s obligations during revocation right
Article 8 – Execution of revocation right and related costs Article 9 – Company’s obligations in case of revocation Article 10 – Exclusion of revocation right Article 11 – The price Article 12 – Compliance and additional warranty Article 13 – Delivery and execution Article 14 – Extended transaction: duration, termination and extension Article 15 – Payment Article 16 – Complaints policy Article 17 – Additional terms or derogation from terms

Article 1 – Definitions

In these terms and conditions the following definitions mean:

Additional agreement: an agreement from which a consumer acquires products, digital content and or services in relation to a concluded agreement at distance and these products, digital content and or services are provided by the company or a third party based on an arrangement between this third party and the company.
Time of deliberation: the period of time in which the consumer can make use of his revocation right.
Consumer: the natural person that does not act for purposes that are in any way related to his/her own trading, business, craftsmanship or occupation.
Day: calendar day.
Digital content: data that are produced and provided in digital form.
Extended duration agreement: an agreement that results in frequent supply of goods, business matters, services and or digital content during a certain period of time.
Lasting data storage device: any means of help, e-mail included, that enables the consumer or company to save and store any information that is provided to him or her personally and or directly, in a way that makes future consultation or use of this information possible during a set time with regard to the purpose of the information and that also enables unaltered reproduction of this saved information;
Revocation right: the option for a consumer to withdraw from the agreement at distance during the set time of deliberation.
Company: the natural or legal person that, from a distance, provides products, (access to) digital content and or services to consumers;
Agreement at distance: an agreement that is concluded between the company and consumer regarding an organized system for selling products, digital content and/or services from a distance, for which up to the moment of concluding the agreement only or partly means for digital communication at distance are being used.
Model form for revocation: the model form for revocation as enclosed in attachment I. This attachment does not have to be made available to the consumer if the consumer’s order is such that he or she cannot call upon the revocation right.
Means of communication at distance: any means that can be used to conclude an agreement at distance, without the need of the consumer and representative of the company to be in the same room together.

Article 2 – Identity of the company

Moonshot B.V. Gentseweg 5  2803PC Gouda  Tel: +31 (0)85 - 482 81 01 (On work days from 09:00 tot 21:00)  Mail: [email protected]  KvK number: 82353824 (Official registration at The Netherlands Chamber of Commerce)  Btw (VAT) identification number: NL862431086B01

Article 3 – Applicability

These general terms and conditions apply to any offering of the company and to any concluded agreement at distance between consumer and company.
Before the agreement will be concluded at distance, the content of these general terms and conditions will be made available to the consumer. If, within good reason, this can not be made possible, the company will let the consumer know in what way he or she can gain acces to the general terms and conditions and that at the consumer’s request, these terms will be sent to the consumer without any costs.
In case the agreement at distance is concluded electronically, the general terms and conditions can, by way of derogation from the previous article, be sent to the consumer electronically prior to concluding the agreement. This will be arranged in such a way that the consumer can easily save these terms digitally on a lasting data storage device. If, within good reason, this is not possible, the consumer will, prior to concluding the agreement, be notified of where to, electronically, find the general terms and conditions and that at the consumer’s request the company can electronically or otherwise send the general terms and conditions to the consumer without any costs.
In case that, in addition to these general terms and conditions, any specific product or service related conditions may apply, section 2 and 3 here above are applicable and if any contradictive conditions occur, consumer may rely on the terms that are most beneficial for him or her.

Article 4 – The offering

In case an offering has a limited duration or takes place under certain conditions, this will be explicitly stressed in the offer;
The offer will contain a complete and accurate description of the offered products, digital content and/or services. This description is detailed enough for the consumer to assess the offer. If the company uses images, these will be a truthful representation of the reality of the offered products, services and/or digital content. Errors or mistakes made known do not bind the company;
Each offer is represented in such a way that the consumer is aware of his/her rights and obligations related to accepting the offer.

Article 5 – The agreement

The agreement will, subject to the information in article 4, come about when the consumer accepts the offer and is hereby in compliance with the stated terms and conditions.
If the consumer accepted the offer electronically, the company will promptly confirm receiving the consumer’s acceptance. For as long as the company has not yet confirmed to have received the acceptance, the consumer cannot make use of annulment.
If the agreement is concluded electronically, the company will take proper technical and organizational measures to ensure a safe transfer of data and providing a safe online web environment. These safety measures will also apply in case consumer conducts payment electronically.
Within legal limitations, the company can conduct an investigation to verify if the consumer can meet its obligation to pay for the offer and if all related facts and factors ensure a responsible acceptance of the agreement at distance. If, based on this investigation, the company has justified grounds not to conclude the agreement, it has the right to decline an order or request or to set addional terms the consumer needs to be in compliance with.
The company will at the latest during delivery of the product, digital content and/or service make the following infomation known to the consumer, either in writing or in a different accessible way that allows the consumer to save this infomation to a lasting data storage device:

The company’s visiting address the consumer can go to with complaints;
The terms through which and the way how the consumer can make use of his or her revocation right or an otherwise clear notification of the exclusion of this right;
Information on warranties and aftersales services;
The price, including all taxes that apply to the product, service or digital content; if relevant the delivery costs; and the way of payment, delivery or execution of the concluded agreement at distance; -The requirements for termination of the agreement, in case its duration exceeds one year or is indefinite;
In case the consumer is entitled to the revocation right: the model form for revocation.

In case of an extended transaction, the provision as stated in the previous article section only applies to the first delivery.

Article 6 – Revocation right

For products:

Consumer has the right to annul a purchase agreement within the time of deliberation, consisting of a minimum of 14 days, without statement of reasons. The company may request the reason(s) of revocation, but answering can not in any way be made mandatory;
The in section 1 mentioned time of deliberation starts from the day the consumer, or an in advance by the consumer appointed third party, who is not the transporter, received the product, or:

if the consumer ordered multiple products within one order: the day the consumer, or an in advance by the consumer appointed third party, received the last product. The company may, provided that the consumer has been clearly notified of this prior to the ordering process, decline an order that includes multiple products with various delivery times.
if the delivery of a product consists of multiple shippings or parts: the day the consumer, or an in advance by the consumer appointed third party, received the last shipping or parts;
in case of agreements that involve frequent delivery of products over a certain period of time: the day the consumer, or an in advance by the consumer appointed third party, received the first product.

For services or digital content not provided via a lasting data storage device:

The consumer can annul a service agreement and an agreement for delivery of digital content that is not provided on a material device within a minimum of 14 days without statement of reasons. The company may request the reason(s) of revocation, but answering can not in any way be made mandatory;
The in section 3 mentioned time of deliberation starts the following day after the day of conclusion.   Extension of deliberation time for products, services and digital content not provided on a material device in case of not informing consumer about revocation right:
In case the company failed to provide the consumer with the lawfully obligated information on the revocation right or did not provide the consumer wit the model form for revocation, the deliberation time will expire twelve months after the end of the original deliberation time conform stated in previous sections of this article.
If the company provides the information as referred to in section 5 within twelve months after the starting date of the original deliberation time, the deliberation time will expire 14 days after the day on which the consumer received the information.

Article 7 – Consumer’s obligations during time of deliberation

During the time of deliberation, the consumer will carefully handle the product and its package. He or she will only unpack or use the product to the necessary extent of determining its nature, features and proper functioning. The principle of this action is that the consumer can only handle and inspect the product the same way he or she would in a store.
The consumer is only liable for product impairment that results from handling the product in further detail then as allowed in section 1.
The consumer is not liable for product impairment if the company, prior to or during conclusion, did not provide him or her with the legally required information about the revocation right.

Article 8 – Execution of the revocation right and related costs

If the consumer wishes to use his or her revocation right, he or she will come forward with this within the set time of deliberation by using the model form for revocation or in a different, evident way that notifies the company.
As soon as possible, but within 14 days from the day following the message referred to in section 1, the consumer will return the product by way of shipping or personally hand it over to (a representative of) the company. The exception to this rule occurs when the company offers to come and pick up the delivered product. The consumer is in compliance with the return period if he or she returns the product before the expiry date of the deliberation time.
The consumer will ship and return the product including all accompanied accessoires, if reasonably possible, in its original state and packaging and conform the company’s reasonable and clear instructions.
The risk and burden of proof for the just and punctual execution of the revocation right lies with the consumer.
The consumer will be responsible for the resulting return costs. In case the company did not inform the consumer that he or she is responsible for these costs or if the company offers to pay for the shipping, the consumer will no longer be responsible for the return costs.
If the consumer uses his/her revocation right after explicitly making known that the operational services or supply of gas, water or power not made ready for sale will, in a limited volume or amount, start during the time of deliberation, the consumer owes the company an amount that is proportional to the part or amount of the agreement that is met by the company at the moment of revocation, compared to the complete fulfillment of the agreement.
The consumer is not responsible for the costs of the execution of services or the supply of water, gas or power not made ready for sale in a limited volume or amount, or for the supply of district heating, if:

the company did not provide the consumer with the legally required information about the revocation right, money compensation in case of revocation or with the model form for revocation, or;
the consumer did not explicitly ask to start the execution of the service or start supplying gas, water, power or district heating during the time of deliberation.
The consumer is not liable for costs of completed or partial delivery of content not provided on a material device, if:
he or she, prior to delivery, did not explicitly agree to start fulfilling the delivery/agreement before the time of deliberation has expired;
he or she did not recognize to lose the revocation right upon giving his/her consent; or
the company failed to confirm the consumer’s statement of losing this right

If the consumer does make use of his or her revocation right, all additional agreements will automatically become null and void.

Article 9 – Company’s obligations in case of revocation

If the company makes it possible for the consumer to notify of revocation electronically, the company will promptly send a confirmation after receiving the notification.
The company repays all of the consumer’s payments, including any possible shipping costs the company charged for sending the now returned product, promptly yet within 14 days following the day of the notification as mentioned in section 9 of the previous article. Unless the company offers to pick up the product, it can hold repayment until receiving the product or until the consumer demonstrates that he or she returned it, depending on what situation occurs first.
For the repayment, the company will use the same payment method as the consumer, unless the consumer agrees to a different method. Repayment is free of charge for the consumer.
If the consumer has chosen a more expensive way of delivery than the most inexpensive standard procedure, the company will not have to repay the additional costs resulting from the more expensive way of delivery.

Article 10 – Exclusion of revocation right

The company can exclude the following products and services from the revocation right, but only if the company has clearly specified this along with the offer or at least in time before concluding the agreement:

Products or services of which the price is linked to the financial market’s fluctuations that are beyond the company’s control and can occur within the revocation right’s deliberation time.
Agreements that have been concluded during a public auction. A public auction means a selling method in which products, digital content and/or services are offered by the company to consumers who are present in person at this auction or are given the opportunity to be present in person, lead by an auctioneer and in which the succesful bidder is required to purchase the products, digital cotent and/or services.
Service agreements, after full execution of the service, but only if:

the execution started with the consumer’s explicit prior consent; and
the consumer stated that his/her revocation right no longer applies once the company has completed the execution;

Package tours as refered to in article 7:500 BW (Dutch Civil Code) and arrangements of passenger transport
Agreements for availability of accommodation, if the agreement contains a specific execution date or period and does not involve residential, cargo, car rental service and catering purposes;
Agreements regarding leisure activities, if the agreement contains a specific execution date or period;
Products that have been manufactured according to specific specifications requested by the consumer, that are not prefabricated and are manufactured on the basis of a consumer’s individual choice or decision, or that are clearly meant for a specific person;
Perishable products or products with a limited expiry date
Sealed products that are not suitable as returns due to the importance of health protection and hygiene and of which the seal has been broken after delivery.
Products that, do to their nature, are irrevocably mixed with other products;
Alcoholic beverages of which the price was set during conclusion of the agreement, but of which delivery can only take place after 30 days and of which the actual value depends on the market’s fluctuations that are beyond the company’s control;
Sealed audio -, video – and computer software of which the seal has been broken after delivery;
News papers, journals or magazines, with the exception of subscriptions to those;
Delivery of digital content not involving a material device, but only if:

the execution started with the consumer’s explicit prior consent; and
the consumer stated that his/her revocation right thus no longer applies

Article 11 – The price

During the in the offer mentioned validity, prices of the offered products and/or services will not increase, subject to price modifications as a result of modified VAT rates.
By way of derogation of the previous article section, the company can offer products or services with variable prices if these prices are linked to the financial market’s fluctuations beyond the company’s control. This link to the financial market’s fluctuations and the fact that the listed prices are target prices, will be explicitly stressed in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed once they result from legal rules or regulations.
Price increases as of 3 months after the conclusion of the agreement are only allowed if the company has stipulated this and:

these are the result of legal rules and regulations; or
the consumer has the authority to annul the agreement with effect from the day the price increase is effective.

The listed prices of offered products or services include VAT.

Article 12 – Compliance and additional warranty

The company ensures that the products and/or services meet the agreement, the in the offer mentioned specifications, the reasonable demands for a decent product and/or its usability and the legal rules and regulations that were effective at the time of the formation of the agreement. In case this was mutually agreed to, the company will also ensure that the product is suitable for use other then is standard.
An additional warranty granted by the company, its supplier, manufacturer or importer never limits the consumer to assert his/her legal rights and claims towards the company, on the grounds of the agreement, in case the company has failed to fulfil its part of the agreement.
An additional warranty means any commitment of the company, its supplier, importer or manufacturer to the consumer that goes beyond the legally required rights or claims, once the company failed to fulfil its part of the agreement.

Article 13 – Delivery and execution

The company will receive and process product orders with the utmost care, likewise when it comes to evaluating service requests.
For the delivery site, the address that the consumer provided the company with is leading.
With respect to what is stated in article 4 of these terms and conditions, the company will execute accepted orders with competent urgency yet within 30 days, unless a different delivery time has been agreed to. In case the delivery is delayed or if an order can only be partially delivered or not at all, the consumer will be informed about this no later than 30 days after placing the order. The consumer thus has the right to annul the agreement without any costs and the right to receive possible compensation.
Conform the previous section, after annulment the company will instantly repay the consumer’s order amount.
The risk of damaged or lost packages lies with the company up to the moment of delivery to the consumer or a therefore in advance appointed and made known third party, unless company and consumer mutually agreed to different arrangements.

Article 14 – Extended transaction: duration, termination and extension

Termination:

At all times, a consumer can terminate an agreement concluded for an indefinite period of time that involves the frequent delivery of products (including power) or execution of services, with full respect to the agreed notice rules with a maximum of 1 month notice.
At all times, a consumer can terminate an agreement concluded for a definite period of time that involves the frequent delivery of products (including power) or execution of services, at the end of the agreed definite time, with full respect to the agreed notice rules and a maximum of 1 month notice.
The consumer can terminate the agreements as mentioned in section 1 and 2 of this article:

at all times and can not be restricted to terminate on a specific date or in a specific period of time;
at least the same way he or she concluded the agreement;
with the same notice the company stipulated for itself

Extension: 4. Tacit extension of an agreement concluded for a definite period of time that involves the frequent delivery of products (including power) or execution of services is not allowed. 5. By way of derogation from the previous section, tacit extension of an agreement concluded for a definite period of time that involves delivery of daily, weekly magazines or news journals is allowed with a maximum of 3 months, if the consumer can terminate this extension at the end of the extension time with a maximum of 1 month notice. 6. Tacit extension of an agreement concluded for a definite period of time that involves the frequent delivery of products and services is only allowed for an indefinite period of time if the consumer can terminate the extension at all times with a maximum of 1 month notice. A maximum of 3 months notice applies if the agreement involves frequent delivery, but not more than once a month, of daily, weekly and news magazines and journals. 7. Tacit extension is not possible for an agreement concluded for a definite period of time that involves regular delivery of daily, weekly and news magazines and journals meant to try these magazines (trial subscription) and this trial ends automatically after the set trial time.

Duration: 8. If an agreement exceeds the duration of a year, after one year the consumer can terminate the agreement at all times with a maximum of 1 month notice, unless the consequences of this action would be in breach of the principles of reasonableness and fairness.

Article 15 – Payment

If no deviating arrangements are stated in the agreement or additional terms, the amounts due by the consumer must be payed within 14 days after the start of the time of deliberation or, by absence of this time, within 14 days after concluding the agreement. In case of an agreement involving a service, this term will start on the day following the day the consumer has received the company’s confirmation of the agreement.
In case of selling products to consumers, the general terms and conditions may never obligate a consumer to a prepayment of over 50%. If a prepayment is stipulated, the consumer can not make any legal claims regarding the execution of the relevant order or services before the prepayment took place.
The consumer has the obligation to report any inaccuracies of the provided or listed payment details to the company. If the consumer does not meet his or her financial obligations, he or she is, after the company informed the consumer about his or her late payment and gave the consumer another 14 days to still meet the financial obligations which the consumer then fails to do, also liable for the legal interest related to the original amount due, and the company is entitled to charge him or her with the extrajudicial collection fees. These collection fees sum a maximum of: 15% over the amounts due up to €2,500,-; 10% over the next €2,500,- and 5% over the next €5,000,- with a minimum of €40,-. The company can deviate from these numbers and percentages in favor or the consumer.

Article 16 – Complaints policy

The company has a clearly stated complaints policy and deals with complaints accordingly.
Once the consumer observes any shortcomings, he or she must report related complaints thoroughly and clearly to the company, within reasonable time after the observations.
Complaints filed with the company will be dealth with and answered within 14 days, calculated from the day the complaint was received. If a longer processing time of the complaint is foreseen by the company, it will inform the consumer accordingly within the 14 day term by confirmation of receiving the complaint and an indication of when the consumer can expect a more detailed follow-up.
The consumer must give the company at least 4 weeks to resolve the issue through mutual consultation. After this term, a dispute will arise liable for dispute settlement.

Article 17 – Additional terms or derogation from terms

Additional terms or derogation from these general terms and conditions may not be at the expense of the consumer and have to be put in writing, in such a way that they can be stored by the consumer on a lasting storage device, in an accessible way.