This document defines the General Terms and Conditions of the https://www.black-moon.be website.

Before using this website, the customer should carefully read the General Terms and Conditions, as well as the Cookie and Privacy Policy used by this website. By using this website, or placing an order on this website, the customer accepts to be bound by these General Terms and Conditions and explicitly declares to agree with the applied Cookie and Privacy Policy.

These General Terms and Conditions may be subject to change. The customer should therefore consult these General Terms and Conditions regularly, as the applicable General Terms and Conditions are those in force at the time of using this website or entering into an Agreement.

If the customer has any questions regarding these Terms and Conditions or the Cookie and Privacy Policy of this website, he is requested to contact us at info@black-moon.be.

Article 1) Identity of the entrepreneur

Company data

• Name entrepreneur: Vanessa Brusselmans
• Name sole proprietorship: Black Moon
• Head office: Oostdijk 26, 1880 Kapelle-op-den-Bos
• E-mail address: info@black-moon.be
• Phone number: +32 480 69 21 66
• Company number: 0777.248.726
• VAT number: BE 0777.248.726
• Webshop: https://www.black-moon.be
• Bank account number: BE39 9734 1995 0319

Article 2) Application

These General Terms and Conditions apply to every offer made by Black Moon and to every agreement concluded, including the distance agreement, between Black Moon and the client.

The customer must read these General Terms and Conditions thoroughly before ordering and explicitly accept them. With his acceptance, the customer agrees to the applicability of these General Terms and Conditions to the exclusion of all other terms and conditions. Additional conditions of the client are excluded, unless they have been previously, explicitly and in writing accepted by Black Moon.

If one or more of the provisions of these General Terms and Conditions should be or become invalid at any time, in whole or in part, the validity of this agreement and of the General Terms and Conditions for the remaining provisions shall not be affected.

In such a case, the disputed provision shall be replaced in mutual consultation by an enforceable and legally valid provision, which comes as close as possible to the purpose of the original provision.

Situations not described in these General Terms and Conditions are assumed to be interpreted in the spirit of these General Terms and Conditions.

Article 3) Offer

Black Moon’s offer is without obligation. Black Moon is authorised to change or adapt the offer.

The products offered in Black Moon’s webshop are described as comprehensively and accurately as possible. This description is sufficiently detailed so that the customer can make a proper assessment of the product.

Black Moon tries to display its products as truthfully as possible. The colour and any decoration provided on the candle may differ slightly from reality, as the products are handmade.

Any deviations can never give rise to compensation or cancellation of the agreement.

All images, photos and data regarding dimensions, colour, etc. on the website of Black Moon are only approximate,they are indicative and in no case binding.

If the client has specific questions about e.g. colour, availability, delivery time or delivery method, Black Moon requests the client to contact Black Moon via e-mail in advance.

The products of the Black Moon webshop are published with the greatest care. However, it cannot be ruled out that the information offered is incomplete, contains material, typesetting and/or printing errors, or is not up to date. Obvious unintentional mistakes, variations due to craftsmanship and/or errors in the offer can never be considered binding for Black Moon.

The offer is valid while stocks last and can be adjusted or withdrawn by Black Moon at any time. Black Moon can in no case be held responsible for the unavailability of a product.

The products offered in the Black Moon webshop are exclusively intended for normal private use.

If an offer has a limited validity period or is subject to certain conditions, this will be explicitly mentioned in the offer by Black Moon.

Article 4) Agreement

To be able to place an order or make a purchase, the customer must be at least 18 years old.

To purchase a product, the customer adds the product, the desired quantity and any optional choices to the shopping basket. The customer then enters his/her details and chooses a payment method and the method of delivery.

In the last step, the customer is presented with an overview page, accepts the General Terms and Conditions and confirms the payment by clicking on the order button ‘Checkout’. Once all these steps have been completed, the purchase is final.

Payment is made via our payment partner Mollie.

The customer has the choice between the payment methods indicated at the bottom of the homepage and on the checkout page.

When using one of these payment systems, the customer must respect any terms and conditions of the operators concerned. Black Moon is not a party in the relationship between the client and the payment system operator.

Orders without valid payment in the name of the registered cardholder will not be accepted or processed.

If the client has accepted the offer electronically, Black Moon shall confirm the receipt of the acceptance of the offer without delay by electronic means.

Black Moon is entitled to refuse an order in the following cases:

*If the customer turns out to be a minor

* if an obvious, unintentional mistake was made in the offer on the web shop

*If a product is out of stock

*if the delivery address is outside the authorised delivery zones

*If no payment has been received

* in case of force majeure, bad faith or abuse of rights

*when there have been problems with the payment of previous orders (late payments, non-payment, etc.)

Article 5) Price

All prices stated are in euros and include all taxes, VAT, duties and exclude shipping costs.

The applicable shipping costs are clearly displayed in the last step of the order. Delivery within Belgium is free for orders over 60 Euro. Deliveries to the Netherlands, France, Germany and Luxembourg are free for orders over €120.

The price stated refers exclusively to the items as described verbatim. The accompanying photos are for decorative purposes only and may contain elements not included in the price.

All prices are subject to printing and typing errors in the preparation of the articles on offer. No liability whatsoever can be accepted for any consequences of these printing and typing errors.

Black Moon is not obliged to deliver the article at the incorrect price, but will inform the client of this printing and/or typesetting error as soon as possible. Attempts will be made to reach a mutual agreement. If no agreement is reached, the order may be cancelled by both parties.

Article 6) Delivery and performance of the agreement

After receiving the full payment, Black Moon will deliver the client’s order to the carrier within 5 working days, unless otherwise indicated on the website due to for instance annual leave.

The stated delivery date is only indicative and can in no way be regarded as binding. If the delivery time is significantly later than indicated or foreseen, Black Moon will inform its clients by e-mail.

If an order cannot or only partially can be carried out, Black Moon will inform the client via e-mail. The customer is then entitled to rescind the contract. In doing so, the customer shall not be entitled to compensation under any circumstances.

When it comes to custom orders, we strive for a delivery time between 7 and 14 days after acceptance of the order. The products will be delivered to the address indicated by the customer when placing the order. Erroneously communicated addresses are the sole responsibility of the customer and may give rise to additional costs, which will be passed on to the customer without delay.

Black Moon cannot be held liable in case of delay or non-delivery by the carrier.

Free home delivery by Black Moon is available for customers living in a municipality with one of the following postcodes: 1840, 1880 and 2830. The customer must clearly indicate this delivery option during the checkout of his order. Black Moon will contact the customer afterwards to arrange a delivery time. If not present at the time of delivery, shipping costs will be charged.

Collection is possible by appointment (by phone or e-mail) at the following address: Oostdijk 26, 1880 Kapelle-op-den-Bos, Belgium.

The ordered products remain the exclusive property of Black Moon until the payment has been made and the delivery has taken place. From that moment on, the customer is fully liable for any loss or damage to the ordered products.

Any visible damage and/or qualitative deficiency of an article or any other shortcoming in the delivery must be reported by the client to Black Moon within 24 hours of receipt at info@black-moon.be.

After purchasing a product, an automated e-mail is sent to the customer inviting them to review the product. By accepting these General Terms and Conditions, the customer expressly agrees to receive these emails. Of course, the customer is free to choose whether or not to accept this invitation to review.

Article 7) Tailor-made products

Orders for customised and/or personalised products can only be cancelled if Black Moon has not yet started manufacturing them. However, if Black Moon has already started the production, a cancellation of the order is no longer possible and, consequently, the client will not be refunded.

Article 8) Right of withdrawal in the case of remote sales

The provisions of this article only apply to customers who purchase items online from Black Moon in their capacity as consumers.

The customer has the right to withdraw from the agreement within a period of 14 calendar days without giving reasons and without paying a penalty, in accordance with the terms and conditions set out below.

During this period, the customer undertakes to handle the product and its packaging with care. The customer undertakes to unpack or use the product only to the extent necessary to judge whether he wishes to keep it. The basic principle is that the customer may only handle and inspect the product as he would in a shop.

The withdrawal period shall expire 14 calendar days after the day on which the customer or a third party designated by the customer and not being the carrier, acquires physical possession of the goods.

To exercise the right of withdrawal, the Client must inform Black Moon of its decision to withdraw from the Agreement with an unequivocal statement at info@black-moon.be. The customer may either notify us by e-mail or use the attached model withdrawal form.

In order to comply with the withdrawal period, the customer shall send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.

The client must return or hand over the goods to Black Moon, Oostdijk 26, 1880 Kapelle-op-den-Bos, without delay and in any event no later than 14 calendar days from the day on which he notified Black Moon of his decision to withdraw from the agreement.

The direct costs of returning the goods shall be borne by the customer.

If the returned product has depreciated in any way, Black Moon reserves the right to hold the customer liable and claim compensation for any depreciation in the value of the goods resulting from the customer’s use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Only unused items that are in their original packaging, together with all accessories and instructions for use, can be returned.

In case the client cancels the agreement, Black Moon will refund all payments received from the client up to that point, excluding the standard delivery costs, within a maximum of 10 working days after Black Moon has received the goods back.

If the client has not exercised his right of withdrawal after 14 days and has not returned the product to Black Moon, the purchase is a fact.

The customer shall not be entitled to invoke his right of withdrawal in the event that the delivered goods have been specifically tailored for the customer, manufactured according to the customer’s specifications or are clearly intended for a specific person.

Article 9) Compliance and Warranty

Black Moon guarantees theconformityof the products it offers as provided for in the legal consumer warranty.

The statutory warranty is valid from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.

In order to invoke the guarantee, the customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.

For items purchased online and delivered to the customer’s home, the customer must contact info@black-moon.be and return the item to Black Moon at the customer’s expense.

When a defect is found, the client must inform Black Moon as soon as possible. In any case, any defect must be reported by the customer within a period of 2 months after delivery. Afterwards, any right to repair or replacement lapses.

The warranty (commercial and/or statutory) shall never apply to defects caused by accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, alterations or modifications to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use, damage caused by fire, negligence or improper handling.

Defects that become apparent after a period of 6 months following the date of purchase, or delivery if applicable, are deemed not to be hidden defects, unless the customer can prove otherwise.

Due to the natural character of the products Black Moon works with, deviations in colour, appearance, etc. may occur. The traditional character of our products can also lead to deviations in the level of decoration and the like.

Article 10) Liability

Black Moon is not liable for damage to one or more objects caused by misuse of the products. Before use, read the instructions on the packaging and/or consult our website.

Black Moon is not liable for non-compliance with the terms of use. Each product comes with associated safety and usage instructions. Black Moon is not responsible for damage caused by non-compliance with the instructions for use of each product.

Black Moon is in no case liable for or obliged to compensate any immaterial, indirect or consequential damages of any kind, such as, but not limited to, loss of profit, loss of turnover, loss of revenue or damage/claims to third parties.

Black Moon is not liable for any loss or damage when using a product.

Black Moon is not responsible for typing errors sent by the client.

Black Moon is not liable for any errors or omissions, including those of agents or employees, except in the case of fraud, intentional fault or gross negligence.

The possible liability of Black Moon is at all times limited to the purchase price of the product.

Article 11) Intellectual property

All images, texts or other content is property of Black Moon (and/or its affiliates) and may never be copied and/or used without permission.

The total or partial reproduction, distribution, sale, distribution, publication, adaptation, use for commercial purposes in any manner whatsoever, electronic storage or use for unlawful purposes is prohibited, without the prior and written consent of Black Moon, its suppliers or other entitled parties.

Black Moon reserves the right to use photographs of tailor-made products for publication on the website and for commercial purposes, without infringing on the privacy of its clients.

Article 12) Force majeure

Force majeure is any circumstance beyond the control and will of Black Moon, which prevents the fulfilment of its obligations in whole or in part.

Without being exhaustive, the following shall be considered as force majeure: exhaustion of stock, delays and/or failure to deliver by a party’s suppliers, destruction of goods or equipment as a result of accidents, breakdown of machinery, strike or lock-out, fire, riot, epidemic, flood, natural disaster, electrical, IT, Internet or telecommunications failures, government decisions or interventions (including refusal or cancellation of a permit or licence), fuel shortages, errors or delays attributable to third parties.

In case of force majeure, Black Moon is not obliged to fulfil its obligations.

In such a case, Black Moon will undertake all reasonable efforts to limit the consequences of the force majeure situation. In the event that the force majeure lasts longer than two months, the other party shall be entitled to dissolve the agreement without recourse to the courts and without the party claiming force majeure being liable to pay any compensation to the other party.

Article 13) Complaints and disputes

Any complaints should be reported within a period of 2 months, fully and clearly described, at info@theblackmoon.be. Black Moon doet er alles aan om de klacht zo snel mogelijk en uiterlijk binnen de 14 dagen te behandelen.

If Black Moon finds the complaint justified, it will repair or replace the delivered products free of charge.

All agreements between Black Moon and its customers are exclusively governed by Belgian law. Application of international conventions, including the Vienna Sales Convention, is expressly excluded.

If for reasons ofinternational law another law is applicable, the interpretation of these General Terms and Conditions will be based in the first place on the Belgian Law on Market Practices and ConsumerProtection.

The Vienna Sales Convention shall not apply.

Article 14) Gift vouchers

The following conditions regarding Gift Vouchers apply to all Gift Vouchers (both electronic and printed) issued by Black Moon.

Each Gift Voucher has a unique code. Each Gift Voucher is issued only once. The customer must keep the Gift Voucher, including the unique code, carefully. In case of theft (including the use of the code by unauthorised third parties) or loss (including accidental deletion), no compensation is due. Black Moon reserves the right to accept the Gift Card only upon presentation of the original Gift Card or, in case of an electronic Gift Card, upon presentation of the email containing the unique code sent by Black Moon to the third party designated by the client.

The Gift Voucher is valid for 1 year from the date of purchase. After the expiry date the Gift Voucher can no longer be used.

The Gift Voucher can be used as a method of payment in the Webshop. During the payment process, the customer can select the option ‘Gift Voucher’ and enter the unique code.

The Gift Voucher or its residual value cannot be exchanged for cash. The residual value of the Gift Voucher may be used for a subsequent purchase.

Gift vouchers are not subject to the right of withdrawal. Gift vouchers cannot be returned under any circumstances.

Updated on 21/02/2024