Article 1 Identity of the entrepreneur
Article 2 Definitions
Article 3 Applicability
Article 4 The Agreement
Article 5 The offer
Article 6 The Price
Article 7 Payment
Article 8 Right of withdrawal on delivery of products
Article 9 Right of withdrawal in the case of delivery of services
Article 10 Costs in case of withdrawal
Article 11 Exclusion of right of withdrawal
Article 12 Duration transactions
Article 13 Delivery and execution
Article 14 Warranty
Article 15 Conformity
Article 16 Complaints procedure
Article 17 Additional or different provisions
Article 18 Applicable Law
Article 1 – Identity of the entrepreneur
Website: lunatoxtea.com
Website owner: Lunatox
E-mail: [email protected]
Buyer: those who make a purchase on the above website.
Seller: company that, either as a manufacturer or as a trader, sells moveable goods to Buyer.
Article 2 – Definitions
For the purposes of these terms and conditions, the following definitions shall apply:
1. Entrepreneur: the natural or legal person offers products and/or services to consumers from a distance;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being physically near each other, such as (but not limited to) by fax, telephone and the Internet;
4. Distance contract: an agreement where, within the framework of a system organized by the seller or service provider (entrepreneur) for the distance sale or provision of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
5. Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
6. Reflection period: the period during which the consumer can exercise his right of withdrawal;
7. Day: calendar day;
8. Duration transaction: a distance contract relating to a number of products and/or services, the delivery and/or purchase obligation of which is spread over a longer period;
9. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him/her personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 3 – Applicability
1. These general conditions apply to any distance contract concluded between entrepreneur and consumer and to any offer made by the entrepreneur. Before the distance contract is concluded, the entrepreneur shall make the text of these general terms and conditions available to the consumer. Where it is not possible to make the general terms and conditions available in advance, the entrepreneur will indicate, before the distance contract is concluded, that the consumer can inspect the general terms and conditions and that, at the consumer's request, they will be sent free of charge as soon as possible.
2. The text of these general terms and conditions may also be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. Where this is not possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
3. If, in addition to these general conditions, certain product or service conditions also apply, the second paragraph shall apply mutatis mutandis and the consumer may, in the event of conflicting (general) conditions, always rely on the applicable provision that is most favorable to him/her.
Article 4 – The Agreement
1. The agreement is established at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
2. The entrepreneur immediately confirms electronically the receipt of the acceptance of the offer if the consumer has accepted the offer electronically. Until receipt of this acceptance is not confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. The entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data. (lunatoxtea.com uses an SSL certificate)
4. To the consumer, the entrepreneur will send along with the product or service the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
a. The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
c. the information on warranties and after-sales service;
d. the conditions under which and the manner in which the consumer can use the right of withdrawal or a clear notification regarding the exclusion of the right of withdrawal.
Article 5 – The offer
1. The entrepreneur will expressly state if an offer has a limited period of validity or is made subject to conditions.
2. The offer contains a complete, accurate and detailed description of the products and/or services offered so that the consumer can properly evaluate the product/service. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. When making an offer, the entrepreneur shall clearly state what the rights and obligations of a consumer are if the offer is accepted, including price including taxes, cost of delivery if applicable, method of delivery, payment or performance of the agreement, and whether or not the right of withdrawal applies.
– The entrepreneur is not liable for damages from improper use of its products.
Article 6 – The price
1. All prices of products or services offered are prices including VAT. There can be no hidden additional costs such as taxes (VAT), packaging or shipping costs in the offer.
2. The prices of the products and/or services offered will not be increased during the validity period stated in the offer, except for price changes due to changes in VAT rates.
3. Price increases within three months of the conclusion of the agreement are not allowed unless they are the result of legal regulations or provisions.
4. Price increases from three months after the conclusion of the contract are not allowed unless the entrepreneur has stipulated it as a result of legal regulations or provisions or the consumer has the option to terminate the contract at the time of a price increase.
Article 7 – Payment
1. The amounts owed by the consumer should, unless otherwise agreed, be paid within fourteen days after delivery of the good or in the case of an agreement to provide a service, within 14 days after issuance of documents relating to that service.
2. If there is non or non-payment by the consumer, the business owner may, unless restricted by law, charge reasonably incurred costs to the consumer provided the consumer is notified in advance.
3. Any inaccuracies in the payment details provided or mentioned should be immediately communicated by the consumer to the entrepreneur.
Article 8 – Right of withdrawal on delivery of products
1. When purchasing products, the consumer has the possibility of dissolving the contract without giving reasons for at least fourteen days from the day of receipt of the product by or on behalf of the consumer.
2. If the consumer wishes to exercise the right of withdrawal, he should only unpack or use the product to the extent necessary to assess whether the consumer wishes to keep the product. The consumer will return the product unopened with all delivered accessories and in the original condition and packaging to the entrepreneur.
3. The seal of the bottle must not be broken.
Article 9 – Right of Withdrawal in the Supply of Services
1. When services are supplied, the consumer has the possibility of dissolving the contract without giving reasons for at least fourteen days starting from the day of entering into the contract.
2. The consumer will comply with the reasonable and clear instructions provided by the entrepreneur in order to use his right of withdrawal.
Article 10 – Costs in case of withdrawal
1. If the consumer exercises the right of withdrawal, at most the cost of return shipment shall be borne by the consumer.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 11 – Exclusion of the right of withdrawal
1. The right of withdrawal can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer and in good time before the conclusion of the contract.
2. The exclusion of the right of withdrawal is only possible for products: (a) that may spoil or age quickly; (b) which by their nature cannot be returned; (c) for audio and video recordings and computer software for which the consumer has broken the seal; (d) for single newspapers and magazines; (e) that have been created by the entrepreneur in accordance with consumer specifications.
Article 12 – Duration transactions
1. In the case of a contract entered into for an indefinite period of time, the consumer may always terminate in compliance with termination rules agreed upon for that purpose and a notice period not exceeding one month.
2. The maximum term in a fixed-term contract is two years. If it has been agreed that in the event of the consumer's silence, the distance contract will be renewed, the contract will continue as an open-ended contract and the notice period after continuation of the contract will not exceed one month.
Article 13 – Delivery and execution
1. When receiving and executing orders for products, as well as when assessing requests for the provision of services, the entrepreneur will take the greatest possible care.
2. The entrepreneur recognizes electronic communication and will not deny its validity or legal effect due to the mere fact that the communication is electronic.
3. If delivery of an ordered product proves to be permanently impossible, the entrepreneur will make every effort to provide a replacement comparable article.
4. Unless expressly agreed otherwise, the risk of loss and/or damage to products rests with the entrepreneur until the moment of delivery to the consumer.
5. The entrepreneur will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. In such a case, a consumer has the right to rescind the contract without cost and a right to possible damages.
Article 14 – Warranty
An arrangement offered as a guarantee by the operator, manufacturer or importer cannot limit or set aside the rights and claims that the consumer has against the operator in respect of a failure to comply with the operator's obligations under the law and/or the distance contract.
Article 15 – Conformity
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of usability and/or soundness and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.
Article 16 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
3. The entrepreneur will handle and answer submitted complaints as soon as possible, but in any case within a period of 14 days from the date of receipt.
4. A complaint about a product, service or the entrepreneur's service can be made at [email protected].
Article 17 – Additional or different provisions
Additional or different provisions from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 18 – Applicable law
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by the laws of the Republic of Cyprus.
If Seller is located in a European Union (EU) country, Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. It includes the following rights and guarantees:
