Palveluehdot

General conditions

Article 1 - Definitions

For the purposes of these Terms and Conditions, the following conditions shall apply

"withdrawal period" means the period during which the consumer may exercise his right of withdrawal;

Consumer or buyer: a natural person who is not engaged in a profession or trade and who enters into a distance contract with the contractor;

day: calendar day;

duration of the transaction: distance contract relating to a series of products and/or services, the delivery and/or purchase of which extends over a certain period of time

durable medium: any instrument which enables the consumer or trader to store information addressed personally to him in a way accessible at a later date without being able to reproduce it unchanged.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;

"trader" means a natural or legal person who offers products and/or services at a distance to consumers;

"Seller" means an undertaking which, in its capacity as producer or trader, sells movable goods to the buyer.

'distance contract' means a contract where one or more means of distance communication are used exclusively within the framework of a scheme organised by the trader for the distance marketing of goods and/or services, until the conclusion of the contract

'means of distance communication' means the means by which a contract can be concluded without the consumer and the trader being in the same room at the same time.
'General terms and conditions' means these general terms and conditions of the trader.


Article 2 - Applicability
These general terms and conditions apply to all offers made by the trader, all contracts concluded at a distance and all orders placed between the trader and the consumer.

Prior to the conclusion of the distance contract, the text of these conditions shall be made available to the consumer. If this is not reasonably possible, it shall be stated before the distance contract is concluded that the general terms and conditions are available for inspection at the trader's premises and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.

By way of derogation from the previous paragraph, where the distance contract is concluded by electronic means, the text of those terms and conditions shall be made available to the consumer in electronic form before the conclusion of the distance contract in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it shall be indicated before the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent to the consumer at his request, either electronically or by other means, free of charge.

Where product- or service-specific terms apply in addition to these general terms, the second and third subparagraphs shall apply mutatis mutandis and, in the event of conflicting general terms, the consumer shall always rely on the provision which is most favourable to him or her.

If at any time one or more of the provisions of these general terms and conditions is or are invalid or repealed, in whole or in part, the contract and these general terms and conditions shall otherwise remain in force and the provision in question shall be immediately replaced by a provision which has the same meaning as the original provision as closely as possible.

Situations not covered by these conditions must be assessed "in the spirit" of these conditions.
Any unclear interpretation or content of one or more provisions of our general terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

The price includes taxes;

How the contract is concluded and the steps required to conclude it;

Whether or not the right of withdrawal applies;

the method of payment, delivery and performance of the contract;

the time limit for accepting the offer or the period within which the trader guarantees the price;

the amount of the tariff for distance communication, if the cost of using the means of distance communication is calculated on a basis other than the normal basic tariff for the means of communication used;

whether the contract is archived after its conclusion and, if so, how the consumer can access it.

the means by which the consumer may, prior to the conclusion of the contract, verify and, if he so wishes, correct the information provided by him under the contract

any other language in which the contract may be concluded in addition to Dutch

the codes of conduct to which the trader is subject and how the consumer can consult those codes of conduct by electronic means; and

the minimum length of the distance contract in the case of a long-term transaction.

Optional: available sizes, colours and materials.

Article 4 - The contract
Subject to paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions laid down.

If the consumer has accepted the offer electronically, the trader shall acknowledge receipt of the electronic acceptance of the offer without delay. As long as the trader has not acknowledged receipt of this acceptance, the consumer may withdraw from the contract.

If the contract is concluded electronically, the contractor will take appropriate technical and organisational measures to protect electronic data transmission and ensure a secure web environment. If the consumer has the possibility to pay electronically, the entrepreneur will take appropriate security measures.

The trader may - within the limits of the law - obtain information on the consumer's ability to fulfil his payment obligations and on all facts and factors relevant for the proper conclusion of the distance contract. If, on the basis of this information, the trader has good reasons for not concluding the contract, he is entitled to refuse an order or request and to state the reasons for this or to impose special conditions for its performance.

The trader shall send the following information to the consumer together with the product or service, in writing or in a manner accessible to the consumer and stored on a durable medium:

the e-mail address of the place of business of the trader where the consumer can lodge a complaint

b. The conditions under which and the means by which the consumer may exercise his right of withdrawal, or a clear statement that the right of withdrawal is excluded;

c. information on guarantees and after-sales services provided;

d. the information referred to in Article 4(3) of these conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract.

e. The conditions for terminating the contract if the contract has a duration of more than one year or is open-ended.

In the case of a long-term transaction, the rule in the previous paragraph applies only to the first delivery.

Each contract shall be concluded on condition that the products concerned are available in sufficient quantities.

Article 5 - Right of withdrawal
In the case of purchases of products, the consumer may withdraw from the contract without giving any reason within 14 days. This period begins the day after the consumer or a representative appointed by the consumer and notified to the trader has received the goods.

During this period, the consumer must handle the product and its packaging with care. He will only unpack the product to the extent necessary to assess whether he wants to use and keep the product. If he exercises his right of withdrawal, he shall return the product with all its accessories in its original condition and packaging to the Contractor, in accordance with the reasonable and clear instructions given by the Contractor.

If the consumer wishes to exercise his right of withdrawal, he must do so within 14 days of receiving the product from the Contractor. The consumer must notify this in writing or by e-mail. Once the consumer has indicated that he or she wishes to exercise the right of withdrawal, he or she must return the product to the address indicated on the return form within 14 days of receipt. The consumer must prove that the delivered product has been returned in due time, e.g. by means of a postal proof (tracking code). The buyer is responsible for the correct delivery of the return consignment.

Returns will be processed or evaluated as soon as possible, at the latest within 14 days after the package has been received in our warehouse. The customer is responsible for any deterioration in the value of the goods caused by the intended use of the goods beyond what is necessary to determine the condition, characteristics and function of the goods.

Returns that do not comply with the general conditions will not be accepted and will be rejected upon return.

The depreciation will be determined at the time of return. The customer accepts and assumes full responsibility for any depreciation at the time of purchase and return of the goods.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not notified his wish to exercise his right of withdrawal or has not returned the product to the trader, the purchase shall be deemed to have been made.

If the customer does not collect the parcel on time at a delivery point/local post office and the parcel is returned, a return fee for processing and restocking will be deducted from the refund.

During the delivery period, the customer has the possibility to exercise his/her right of withdrawal, but the amount paid by the buyer can only be refunded if the order has been returned by the buyer and complies with the return conditions.

Article 6 - Costs in the event of withdrawal
If the consumer exercises his right of withdrawal, the consumer shall bear the costs of returning the goods.

If the consumer has paid an amount, the operator this amount excluding shipping costs as soon as possible, but not later than 14 days after the withdrawal, reimbursement. This is provided that the goods have already been received by the operator or that proper proof of full return can be provided.


Article 7 - Exceptions to the right of withdrawal
(4) The trader may exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only effective if the trader has clearly indicated this when making his offer or at least in good time before the conclusion of the contract.

It is only possible to exclude the right of withdrawal for products which

a. have been created by the trader according to the consumer's specifications

b. which are clearly personal in nature

c. which cannot be returned because of their nature.

d. which deteriorate or age rapidly

e. the price of which depends on fluctuations in the financial market over which the trader has no control.

f. For individual newspapers and magazines.

g. For audio and video recordings and computer programs whose seal has been broken by the consumer.

h. For hygiene products whose seal has been broken by the consumer (electronics worn from the inside, e.g. headsets in the ear).

I. Products that have been damaged through misuse.

It is only possible to exclude the right of withdrawal for services:

a. For accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;

b. the supply of which has begun, with the consumer's express consent, before the expiry of the withdrawal period.

c. in connection with betting and lotteries.

Article 8 - Price
During the period of validity indicated in the offer, the prices of the products and/or services will not be increased, with the exception of price changes due to changes in VAT rates.

Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market which are beyond his control, at variable prices. This link to fluctuations and the fact that the prices quoted are indicative prices shall be indicated in the offer.

Price increases within three months of the conclusion of the contract are allowed only if they are based on justified reasons, such as an increase in the cost price.

Price increases from three months after the conclusion of the contract are only allowed if they have been approved by the contractor and:

a. they result from statutory provisions or regulations; or

b. the consumer has the right to terminate the contract on the date on which the price increase takes effect.

The prices indicated in the offer of products or services include VAT.

If the consumer receives a letter about import duties or payment details, he/she must inform the seller (Monica Moments). The buyer is always responsible for paying import duties.

We always ship from our centrally located warehouse in the Netherlands. Our products are manufactured in our China based factory. (The country of origin of our goods is China.)

For deliveries outside of the EU, the buyer is responsible for paying any import related costs (for example import tariffs). The buyer is moreover responsible for paying any import related bills.

We recommend contacting your local customs office for more information about potential charges. Refusing to pay the import tariffs will result in a delay of your shipment, if the parcel is shipped back to us, the return costs will be withheld from your refund.

It is worth noting that UPS often makes errors when applying duty charges or tariffs. The actual amount of duties/tariffs may be lower than the initial quotation. The best course of action is to contact UPS directly for clarification, as the charges are billed to you as the recipient.

In many cases, these matters are resolved quickly, and the duty charges may be reduced from the initial amount with just one phone call.

Unfortunately, as the sender, we are unable to do this on your behalf. 

When we contact UPS regarding such charges, they refer us back to the customer, requesting that you reach out to them directly.

The customer is always responsible for paying return costs.

All prices may contain typographical errors. We accept no responsibility for the consequences of printing and typesetting errors.
In the event of printing and typographical errors, the company is not obliged to deliver the product at an incorrect price.

Article 9 - Conformity and warranty
The contractor guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with reasonable requirements for reliability and/or usability and with the statutory provisions and/or government regulations in force at the time the contract is concluded.

Where agreed, the entrepreneur also guarantees that the product is suitable for normal and reasonable use.

A guarantee provided by the trader, the manufacturer or the importer is without prejudice to any statutory rights and claims that the consumer may have against the trader under the contract.

Any defects or incorrectly delivered products must be notified in writing to the Contractor within 2 days of delivery. The products must then be returned in their original packaging and in new condition.

The Contractor's warranty period shall be the same as the manufacturer's warranty period. The Contractor shall under no circumstances be responsible for the final suitability of the products for the consumer's particular use or for advice on the use or application of the products.

NOTE: Information for Customers Outside the EU

Please note: our products are manufactured and certified in accordance with the applicable regulations and standards of the European Union.

If you are ordering from a non-EU country (e.g., the United States or Canada), you are solely responsible for:

• Complying with all local laws and regulations regarding the importation and use of the product.
• Paying any applicable import duties, taxes, or customs clearance fees.
• Ensuring the product meets all safety, health, or other legal requirements in your country.

While we carefully select products from trusted suppliers, we do not guarantee compliance with specific regulations or certifications outside the EU, unless explicitly stated.

By placing an order, you acknowledge that you are the importer of record and accept full responsibility for determining whether the product is permitted and appropriate for use in your jurisdiction.

If in doubt, we recommend consulting with the relevant authorities in your region (e.g., CPSC, FDA, or Health Canada) prior to purchase.

For questions on the use of health products and the development of certain ingredients and their suitability for the purchaser, the purchaser may contact the retailer with questions of a general nature.

The guarantee does not apply if:

The consumer has repaired and/or processed the products supplied himself or has had them repaired and/or processed by a third party;

the delivered products have been subjected to abnormal conditions or otherwise handled carelessly or contrary to the trader's instructions and/or packaging;

the defect is due in whole or in part to provisions adopted or to be adopted by the State with regard to the nature or quality of the materials used.


Article 10 - Delivery and implementation
The Contractor will exercise the utmost care when receiving and processing orders for products.

The place of delivery is the address that the consumer has communicated to the contractor. The consumer is responsible for providing a correct address. The company cannot be held responsible for any costs incurred due to errors in the address provided by the consumer.

Subject to the provisions of Article 4 of these general terms and conditions, the company shall receive orders promptly, but at the latest within 60 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be fulfilled or can be fulfilled only partially, the consumer shall be informed of this within 60 days of the order. In this case, the consumer has the right to terminate the contract without penalty.

In the event of termination as referred to in the previous paragraph, the trader shall reimburse the consumer the amount paid as soon as possible, but no later than 14 days after termination.

If the delivery of a product ordered proves impossible, the trader shall endeavour to deliver a replacement product. At the latest at the time of delivery, it shall be clearly and comprehensibly communicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement goods. The costs of returning the goods must be borne by the trader.

The risk of damage and/or loss of products lies with the consumer or a previously appointed representative known to the trader, unless expressly agreed otherwise.

In the event of a purchase agreement, the Buyer expressly agrees that the Contractor may use and publish any purchases he sends on social media and Darth Saber website for advertising and/or marketing purposes.

The Contractor may unilaterally change these terms and conditions.

If the Purchaser provides the Contractor with electronic files, software or information carriers, the Purchaser guarantees that these are free of viruses and defects.

Article 11 - Extended duration transactions: duration, termination and extension

Termination
The consumer may terminate at any time an open-ended contract concluded for the regular supply of goods (including electricity) or services, subject to the agreed termination rules and a maximum notice period of one month.

The consumer may terminate at any time a contract for the regular supply of goods (including electricity) or services for an indefinite period, subject to the agreed termination rules and a maximum notice period of one month.

The consumer may take the measures referred to in the previous paragraphs:

At any time and is not limited to termination at a specific time or during a specific period;

terminate them at least in the same way as he terminated them;

always be terminated with the same period of notice as the trader has fixed for himself.


Extension
A fixed-term contract concluded for the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a specific period.

Notwithstanding the previous paragraph, a fixed-term contract for the regular supply of newspapers, magazines or periodicals may be tacitly renewed for a fixed period not exceeding three months, if the consumer gives notice of termination of the renewed contract at the end of the renewal period, subject to a maximum of one month's notice.

A fixed-term contract for the regular supply of daily or weekly newspapers or periodicals by means of an introductory subscription (trial or introductory subscription) shall not be automatically renewed and shall expire at the end of the trial or introductory period.



Duration
If a contract is longer than one year, the consumer may terminate it at any time after the expiry of one year of the contract with up to one month's notice, unless reasonableness and fairness prevent termination before the end of the agreed duration.


Article 12 - Payment
Unless otherwise agreed, the amounts due by the consumer shall be paid within seven working days of the start of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period shall begin after the consumer has received confirmation of the contract.

The consumer is obliged to inform the trader immediately of any inaccuracy in the payment details provided or mentioned.

3. 3. If the consumer fails to pay, the trader is entitled, subject to legal restrictions, to charge the consumer for the reasonable costs previously incurred.

Article 13 - Identity of the trader
Please refer to Imprint in the footer


Article 14 - Complaints procedure
Complaints about the performance of the contract must be addressed to the trader within two days of the consumer discovering the shortcomings, with a full and clear description of them.

The trader is not liable for consequential damages, indirect damages, loss of trade, loss of profit and/or loss, loss of savings, damages due to interruption of business and damages due to unauthorised use of the product.
delivered products. For the consumer, this limitation extends to what is permitted under Article 7:24(2) of the Dutch Civil Code.
The contractor is not liable for damage that occurs or may occur as a result of an act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.

The Contractor expressly disclaims all liability and claims from buyers and third parties who have suffered (physical) damage as a result of the use of the products. The products may only be used in accordance with the instructions for use and may never be exceeded.

Any advice given by the company on the use of the products is of a general and non-binding nature only. It is up to each purchaser to decide whether the product is suitable for him or her.

Complaints submitted to the Company will be answered within 14 days of receipt. If a complaint requires a foreseeable longer period of time, the company will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, it becomes a dispute subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the contractor, unless the contractor states otherwise in writing.

If the contractor considers the complaint to be justified, the contractor shall, at its discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes
Only Dutch law applies to contracts between the contractor and the consumer that are covered by these general terms and conditions. Even if the consumer lives abroad.

Article 16 - Intellectual property rights
All Darth Saber publications, expressions (texts, images, videos and other graphics) are protected by copyright and other intellectual property rights. They may only be used for personal and non-commercial purposes. Use of these Darth Saber publications is only permitted with the written permission of Darth Saber.

Liability

If the company's performance of the contract gives rise to liability on the part of the company towards the buyer or third parties, this liability shall be limited to the costs invoiced by the company in connection with the contract. The liability shall in any case be limited to the amount of damage caused by the company.

The maximum amount that an insurance company can pay out in a given situation.

In addition, the contractor's liability is limited to repairing a defective item free of charge or replacing it - or a part of it - at the contractor's discretion.

The contractor is not liable for consequential damages, indirect damages, loss of business, loss of profits and/or loss, loss of savings, damages due to business stagnation and damages due to the use of
delivered products. For consumers, the limitation extends to what is permitted under Article 7:24(2) of the Dutch Civil Code.

The contractor is not liable for any damage that occurs or may occur as a result of an act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.

The Contractor is not responsible for errors and/or irregularities in the functionality of the website and is not liable for any errors or unavailability of the website, regardless of the cause.

The Contractor is not responsible for the correct and complete transmission or the timely receipt of the content of e-mails sent by him/her on behalf of the Contractor.

Any claim by the Buyer based on the Company's negligence shall cease if the Company is not notified in writing, stating reasons, within one year of the Buyer becoming aware, or reasonably could have become aware, of the facts giving rise to the Buyer's claim.

The company expressly disclaims all liability and claims from the buyer and third parties who have suffered (physical) damage as a result of the use of the products. The products may only be used in accordance with and not in addition to the instructions for use.

Any advice given by the company on the use of the products is of a general and non-binding nature only. Each purchaser is responsible for assessing whether the product is suitable for him or her.

The Company is in no way responsible and cannot be held liable for the consequences or side effects of its products. The use of purchased products is always at the user's own risk and should always be discussed with a competent person.

External healthcare products and electrical appliances should be kept out of the reach of young children. In addition, the products must be stored in accordance with the instructions for use.

Product identified. The operator recommends that if you are pregnant, breastfeeding, taking medication or have a questionable hypersensitivity to any of the ingredients, you should consult a professional before using the external care products.

Terms and conditions of the SMS mobile messaging marketing programme https://help.getfirepush.com/en/articles/3103817-sms-mobile-message-marketing-program-terms-and-conditions