General Terms & Conditions
General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer can make use of their right of withdrawal.
Consumer: the natural person not acting in the course of a profession or business who enters into a distance contract with the entrepreneur.
Day: calendar day.
Ongoing agreement: a distance contract concerning a series of products and/or services, for which the obligation to deliver and/or receive is spread over time.
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction.
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance.
Distance contract: a contract concluded as part of a system for distance selling, organized by the entrepreneur, using only distance communication.
Means of distance communication: a tool that allows concluding a contract without the consumer and entrepreneur being in the same place.
General Terms and Conditions: these Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
OMELUNA
Email: info@omeluna.com
Registration Number: 94748497
VAT Identification Number: NL005106371B73
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order placed between the entrepreneur and the consumer.
Before a distance contract is concluded, the consumer will have access to these terms. If this is not reasonably possible, the entrepreneur will state how the terms can be reviewed and that they will be sent free of charge upon request.
If the distance contract is concluded electronically, the terms can be provided electronically in a way that the consumer can easily save them. If not possible, the entrepreneur will explain how they can be accessed and requested electronically.
If specific product or service terms also apply, the most favorable provisions to the consumer apply in case of conflict.
If any part of these terms is void or annulled, the remainder still applies, and the void part will be replaced in line with its original meaning.
Situations not covered in these terms must be interpreted "in the spirit" of these terms.
Unclear provisions should also be interpreted "in the spirit" of these terms.
Article 4 – The Offer
If an offer is valid for a limited time or under conditions, this is stated clearly.
Offers are non-binding and may be changed.
Descriptions of products/services are complete and accurate. Images represent products truthfully but may differ slightly in color. Obvious mistakes do not bind the entrepreneur.
Each offer contains clear information about:
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Price including taxes
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Shipping costs
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How the contract is formed
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Whether the right of withdrawal applies
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Payment, delivery, and performance
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Validity of the offer or guaranteed price period
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Communication cost calculations (if applicable)
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Whether the agreement will be archived and how
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How the consumer can correct submitted data
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Available languages
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Applicable codes of conduct
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Minimum contract duration (if applicable)
Article 5 – The Agreement
The agreement is concluded once the consumer accepts the offer and meets all conditions.
If accepted electronically, confirmation is sent immediately. The consumer may cancel until confirmation is received.
The entrepreneur ensures safe handling of electronic data and secure payment environments.
The entrepreneur may check the consumer’s ability to pay and refuse an order with reasons.
The entrepreneur provides:
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Business address for complaints
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Withdrawal instructions or exclusion notice
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Warranty and after-sales service info
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Details from Article 4 unless already provided
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Termination conditions for ongoing contracts
Ongoing contracts require this info only at first delivery.
All agreements are subject to product availability.
Article 6 – Right of Withdrawal
Consumers can cancel a purchase within 14 days without giving reasons. This period starts after delivery.
During this time, consumers must handle the product and packaging carefully, using it only as needed to evaluate it.
If withdrawal is used, the product must be returned — with all supplied items, preferably in original condition and packaging.
To withdraw, consumers must notify the entrepreneur within 14 days in writing or via email, and return the product within another 14 days. Proof of return is required.
Failure to comply within these terms means the purchase is final.
Article 7 – Return Costs
If the consumer withdraws, return shipping is at their own expense.
Any amounts paid will be refunded within 14 days after withdrawal, assuming the returned product has been received or proof of return has been provided.
Article 8 – Exclusion of Right of Withdrawal
Withdrawal rights may be excluded for:
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Custom-made products
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Personal items
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Non-returnable or perishable items
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Products with fluctuating prices
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Newspapers or magazines
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Opened media/software
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Opened hygienic products
For services:
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Accommodation, transport, leisure on fixed dates
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Services begun with explicit consent before the cooling-off period ended
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Betting and lottery services
This exclusion is only valid if clearly stated before the contract.
Article 9 – Pricing
Prices remain valid during the offer period unless VAT rates change.
Products tied to financial market fluctuations may vary in price, as stated in the offer.
Price increases within 3 months are only allowed if legally required.
After 3 months, increases are only allowed if agreed upon in advance and the consumer can cancel.
All prices include VAT.
Typographical errors are not binding.
Article 10 – Conformity and Warranty
Products must meet the agreement, described specs, and normal usability. Legal rights remain intact.
Defects must be reported within 14 days. Products must be returned in original packaging and unused condition.
Warranty equals the manufacturer's warranty and excludes:
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Self-repair or modification
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Improper use or handling
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Government-imposed limitations
Article 11 – Delivery and Execution
The entrepreneur will handle orders with care.
Delivery is made to the address provided by the consumer.
Orders are processed within 30 days unless a longer timeframe is agreed.
If not, the consumer is informed within 30 days and may cancel with a refund.
If a product is unavailable, a replacement may be offered, with notice.
Consumers may still withdraw. Return costs for replacements are covered.
Risk transfers upon delivery to the consumer or their authorized representative.
Article 12 – Duration, Termination, and Renewal
Termination
The consumer may cancel an indefinite contract at any time with up to one month’s notice.
Fixed-term contracts can be cancelled at the end with the same notice.
Cancellations:
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Can happen at any time
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Must be as easy as the method used to sign up
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Must follow equal notice periods as those used by the entrepreneur
Renewal
Contracts cannot be automatically renewed unless:
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A trial subscription for publications, ending after the trial
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A short-term extension of up to 3 months is allowed for publications with one-month notice
Contracts longer than one year may be cancelled after one year with one month’s notice.
Article 13 – Payment
Unless otherwise agreed, payment must be made within 7 working days after the cooling-off period starts.
For services, this period begins after confirmation.
Consumers must report incorrect payment details promptly.
In case of non-payment, reasonable collection costs may be charged.
Article 14 – Complaints
Complaints must be submitted clearly within 7 days after discovery.
The entrepreneur will respond within 14 days. If more time is needed, the consumer will be informed.
If unresolved, the complaint becomes a dispute subject to formal resolution.
Complaints do not suspend obligations unless agreed in writing.
If justified, the entrepreneur will repair or replace the item free of charge.
Article 15 – Disputes
These terms are governed exclusively by Dutch law, even if the consumer resides abroad.