GENERAL TERMS OF SALE MOON BVBA
Seller Identification
MOON BV, maatschappelijke zetel Merksemsestraat 14 – 2060 ANTWERPEN | E-mail : karolien@moon.lighting | Ondernemingsnummer : BE0634.570.535 | Tel. : +32 3 284 43 66 | Bankrekeningnummer : BE85 7360 1567 9106
Article 1 – General Conditions Notification :
By accepting any agreement, quote, order, or confirmation, the customer acknowledges and agrees to MOON’s general terms and conditions, even if they conflict with their own. Only MOON’s terms apply to transactions between MOON and the customer. MOON reserves the right to amend these terms without notifying the customer directly. It is the customer’s responsibility to regularly review these conditions. No claims for damages may arise from any amendments. These terms exclusively apply to all orders, sales, work, deliveries, and services provided by MOON. Variations are binding only if confirmed in writing by MOON, with all other provisions remaining in effect.
Article 2 – Prices, Quotes, and Order Confirmations :
Prices listed in quotes or orders are valid at the time of order. MOON reserves the right to adjust its offers and price lists at any time. Orders may be declined due to pricing or specification errors caused by force majeure, human, or technical errors. If the customer requests modifications to an ongoing order, they will only be accepted with MOON’s written agreement, and any additional costs will be billed to the customer. Unless otherwise agreed, our quotes and confirmations are non-binding until MOON confirms the customer’s order. Discrepancies in our confirmations must be reported in writing within 8 days of confirmation date. Product images and specifications are for reference only and do not bind MOON. Variations do not entitle the customer to cancel, withhold payment, or claim damages.
Article 3 – Intellectual Property Protection :
The lighting design and related documents provided by MOON may not be used to order lighting products from third parties. Infringements will result in a flat-rate, non-reducible indemnity of 40% of the goods’ sale price for incurred costs and lost profits.
Article 4 – Payment and Invoicing :
Invoices are payable on the specified due date without discount. MOON may execute partial deliveries and invoice them separately, unless otherwise agreed. In case of a second reminder, a fee of €50.00 will be charged as way of interest. In case of default, a compensation of 10% of the invoice amount is also due. Unpaid invoices render all other outstanding balances immediately due. MOON retains ownership of all goods and reserves the right to cancel outstanding orders if the customer fails to fulfill obligations.
Article 5 – Security and Delivery Suspension :
If the customer’s creditworthiness declines, MOON reserves the right to require a bank guarantee before continuing delivery. Delivery may be suspended until such security is provided or until previous invoices are paid in full.
Article 6 – Default :
If payment is not made within ten days of the invoice due date, an interest of 1% per month and a 10% indemnity (min. €125,00 per invoice) will apply. Non-payment allows MOON to suspend all existing orders and, if necessary, to retrieve goods. In case of contractual breach by the customer, a 40% indemnity on the sale price applies, covering incurred costs and lost profits.
Article 7 – Order Cancellation by Customer :
Customer cancellations incur a 40% indemnity on the order amount, without proof of damage required.
Article 8 – Return by Seller :
Goods may only be returned with written approval from MOON. All returns or repairs must be shipped at the customer’s expense.
Article 9 – Delivery and Shipping Costs :
Goods are shipped at the customer’s risk. Damaged items must be reported to MOON within 24 hours of receipt. Delivery delays do not justify order cancellations or claims for damages.
Article 10 – Delivery Time :
Indicated delivery times are for information only and are non-binding. Delays do not entitle the customer to compensation, cancellation, or amended payment terms.
Article 11 – Ownership :
Ownership transfers only after full payment, including any interests or compensations due. The customer may not dispose of unpaid goods, nor pledge or transfer them.
Article 12 – Right of Withdrawal :
Incorrectly ordered items can be returned if they are standard stock items in original packaging. Customized items cannot be returned. Incorrectly ordered stock items must be returned within 14 days at the customer’s expense. Refunds exclude delivery fees and incur a 10% restocking fee.
Article 13 – Warranty and Complaints :
Complaints must be submitted in writing within 8 days of receipt. Submitting a complaint does not suspend payment obligations, and MOON reserves the right to investigate. We operate a “carry-in” warranty, with return shipping at the customer’s expense. Any liability is limited to the product price and warranty provided by the manufacturer.
Article 14 – Samples :
Samples are indicative. If returned in original condition, they will be credited minus shipping costs.
Article 15 – Privacy :
We treat your information confidentially and do not share it with third parties. You may request, correct, or delete your data by contacting MOON.
Article 16 – Applicable Law and Competent Courts :
All agreements are governed by Belgian law, with disputes under the exclusive jurisdiction of Antwerp courts. Judicial collection fees, including attorney fees, are charged to the buyer.