Terms and conditions of use

ARTICLE 1. INTRODUCTION


The current Sales Terms and Conditions of www.moonstache.com (hereafter the STC) apply exclusively between the private limited-liability company  Soon On Mars (hereinafter “Soon On Mars”) and any client (hereinafter  “Client”) of the website www.moonstache.com (hereinafter the “website”) making a purchase through Moonstache via the website.

Moonstache’s primary activity is the design and commercialization of creative glasses, clothes and diverse fashion accessories.

The STC define the rights and liabilities of the parties in the framework of the sale of products by Moonstache on their website.

The STC are the only applicable rules and replace any other conditions, except prior agreement written by Moonstache.

At any moment in time, Moonstache reserves the right to adapt or modify certain points of the Sales Terms and Conditions. Therefore, it is necessary to take note of the version applicable the day of the order on the website. These adaptations or modifications can be placed against the user the day they are being put online and will be applicable on the orders made after they are put online.

This version of the Sales Terms and Conditions is the version of May 1st, 2012.

A printed version of these provisions and any warning issued in electronic form will be accepted in any judicial or administrative procedure related to this agreement, the same way and under the same conditions as other business documents and trade registers created and maintained under printed version.  


ARTICLE 2. AVAILABILITY OF THE WEBSITE

As far as possible, Moonstache does its best to maintain its services available 7 days a week, 24 hours a day.

Moonstache can however interrupt its access, with or without prior notice, for maintenance and upgrade or for any other reasons.

ARTICLE 3. ONLINE REGISTRATION

In order to access online services made available to the visitor via www.moonstache.com, including the ordering process, users must register online.

When registering, the visitor is prompted to provide personal information. The user certifies that the information he agrees to provide is true, accurate, up to date and complete.

If the visitor whishes to modify its information, he is prompted to immediately do so by connecting on its user profile called “My Account”, especially prior to a new order. The user acknowledges that the information in its user profile is up to date and that he takes full responsibility for its update.

Prior to each order check out, the new user acknowledges to adhere to the current terms and conditions by validating the corresponding check box.

The registered visitor (hereinafter « the User) who wishes to unsubscribe will have to send an email to the following address : info@moonstache.com. Moonstache agrees to unsubscribe him within 72 hours and to send the consumer a letter to confirm his unsubscription. By unsubscribing, the user acknowledges that the deregistration has no effect on reciprocal obligations arising from past use of services www.moonstache.com by the user.

ARTICLE 4. USER PROFILE, SPONSORSHIP AND USER STATUS

By accessing its user profile "My Account", the user can access personal information that it has agreed to provide when registering online. The user can freely edit its information. The user can track the order(s ) he initiated as well as be aware of its category and related information, the number of purchases made and the content of its e-wallet (account).

ARTICLE 5. PRODUCT DESCRIPTION

The products displayed on the website "Moonstache" are available for sale. Moonstache provides the Client a full description and photographs, for information, of products offered for sale. Products are offered for sale for an indefinite period of time.

Also, Moonstache is not responsible for visual impairment caused by computer equipment chosen by the user to access the website www.moonstache.com. Consequently, the user expressly waives its right to invoke the guarantee in the specific case where the product purchased does not match the image of the product seen online online by the user through its computer system but would correspond to the description of the product posted by Moonstache.

The visuals covering the lenses of the glasses seen on the website are the exclusive property of Moonstache.

ARTICLE 6. PRICE INDICATION

The prices listed on the website use the EURO and include the applicable VAT. It is possible that the currency of payment of the Client differs from the currency in which prices are displayed. In the event that the Client's bank  would apply an exchange rate to the transaction between the client and the provider of payment, the client shall exclusively bear exchange fees charged by his bank.

Fees related to the shipping of products ordered by the user are mentioned during the selection of the delivery mode and are reminded in the order summary screen.

Moonstache reserves the right to modify the price of products on the website and the fees mentioned at all time in case of change of VAT rate, in the event of fluctuation of production costs or logistics or for any other reason.

Visiting the website may require the use of cookies. The user acknowledges that certain prices appearing on the website may come from the use of these cookies and that they are held responsible for their good use. Consequently, Moonstache could not be held responsible of a discrepancy between the price first seen by the user and the price requested during the order summary before its validation.

Moonstache certifies that the prices, fees and VAT shown in the order summary are correct and up to date, and match the amount that will in effect be requested to the user. This amount is available in the screen summarizing the order as well as in the email sent to the user after the order is being validated.

ARTICLE 7. ORDER PROCESS

Orders are placed through the Website only, except for orders over 100 units that can be placed by phone through our sales department at +32 496 23.45.67 or by mail to info@moonstache.com. Any other form of order will not be accepted unless prior express written consent of Soon On Mars.

When validating the content of its cart, the client is redirected to a window allowing it to fill in the fields necessary for the proper processing of the order (Name, Surname, Billing / Shipping address, email and phone) to continue the execution of the order.

The order is confirmed and the mutual obligations between the contracting parties only exist after the validation of the payment transaction by the payment provider.

Any order accepted by Moonstache will result in sending a confirmation email on the email address used by the client to place the order summarizing the products ordered and the delivery address. It is the client’s responsibility to ensure that the confirmation email sent by Moonstache is not blocked by a filtering device. Moonstache will not be held responsible for the blocking or erasing of the email confirmation of purchase regardless of the device in question.

Before you can place an order on line the user must log into his account. If a visitor is not registered yet, it is imperative to do so before continuing to use the services associated with the site.

Only the purchase confirmation email ensures the availability of the product to the client.

Moonstache reserves the right to cancel an order if the client commits a payment fraud or other criminal fraud.

ARTICLE 8. PAYMENT AND RESERVED PROPERTY

Moonstache is commited to take all reasonable means in order to secure the services it offers via the website.

The payments of the products ordered by the user are made through the payment provider chosen by Moonstache. Moonstache reserves the right to modify the payment provider at any time. In case of modification, it will be clearly mentioned in the corresponding version of the sales terms and conditions. The user accepts the modification of the choice of payment provider by entering in any order process post-modification indicated in the terms and conditions.

The current payment provider is the Paypal company  (www.paypal.com).

Moonstache will not be held liable for losses and damages resulting from any attempt to payment by any other means of payment than those mentioned in the General Terms and Conditions.

The cost of payment fees depends on the rates charged by the payment provider.

Moosntache cannot be held liable for the choice of rates and/or the payment provider’s technics. The user accepts them without reserve. In case of litigation related to payment, only the payment provider will be held responsible.

The user is invited to read the payment provider’s conditions governing the use of payment solutions as well as the directions for use of these solutions. These conditions and directions for use are available from the payment provider. By accepting the payment for its order using the means of the payment provider, the user agrees to fully adhere to the conditions governing the use of the payment provider’s services.

Moonstache reserves the right to refuse an order in cases of proven fraud or if the payment process is interrupted by the payment provider or user, directly or indirectly.

Moonstache also reserves the right to refuse an order from a user that is in litigation with Moonstache no matter the form of litigation.

In case of payment refusal to the client due to incorrect bank details or insufficient account balance, the client shall bear all costs associated with solving the problem, including costs incurred by any third party.

ARTICLE 9. PRODUCTS AVAILABILITY 

The product offers are valid until they are visible on the website. Moonstache agrees to take all necessary steps to achieve the services it provides via the website. Availability depends on stock availability from Moonstache suppliers.

Each order is subject to a production by Moonstache. Upon acceptance of an order, a purchase confirmation email will be sent by Moonstache to the client who placed the order summarizing the products ordered.

The availability of the product is garanteed upon reception of the confirmation email by Moonstache.

Nevertheless, after placing the order, Moonstache reserves the right to cancel the sale of a product in case of unavailability. In this event, Moonstache will inform the client by email or by phone as soon as possible and will suggest the client to either cancel its order or to receive a credit note.

In case the Client cancels its order, Moonstache will refund (by check, by reimbursement on the credit card used or by PayPal) the amount paid by the Client during the order within a maximum of thirty (30) days from the decision of the Client.

ARTICLE 10. DELIVERY / SHIPPING

Order shipping can be made worldwide.

The delivery of products ordered by the user is performed by the shipping provider chosen by Moonstache. Moonstache reserves the right to change the shipping provider at any time. If modified, it will be clearly mentioned in the corresponding version of the sales terms and conditions. The user agrees with the change in the choice of provider by placing an order after the amendments indicated in the terms and conditions have taken place.

Deliveries are made within a period chosen by Moonstache on the website during the order confirmation. This period is calculated in working days (Monday through Friday, excluding holidays). In the event the client wishes to modify the delivery address after placing the order, it must send an email as soon as possible to Moonstache’s client service at the following address: info@moonstache.com with the order number, the product and specifying the new shipping address. Moonstache will then send, according to the shipping status of the Client's order, a confirmation email allowing or denying the change of shipping address.

In the absence of the client during the delivery, undeliverable or damage resulting from the delivery due to inaccuracy in the information specified by the client, Moonstache and the shipper cannot be held responsible individually or collectively. All costs (product return and storage) resulting from the absence of the client the day of the delivery, a failure to deliver or inaccuracy of the client shall be borne exclusively by the client and shall be paid before any re-delivery of the product.

When ordering, the user currently has the choice between three delivery systems provided by the shipping provider: Home Delivery and Pick-Up & Go / points Post. The cost of shipping depends on the choice and the prices charged by the shipping provider.

Moonstache cannot be held responsible for the shipping provider’s choice of rates and / or logistics. The user accepts them without reserve. In case of dispute related to the shipping, only the shipping provider may be liable.

The user is invited to read the conditions governing the use of shipping solutions as well as the methods of use of these solutions. These conditions and methods of use are available from the shipping provider. By accepting the shipping method of the shipping provider, the user agrees to fully adhere to the terms governing the use of the shipping provider’s services.

ARTICLE 11. RIGHT OF RESCISSION 

Any user of the website has a right of rescission he can exercise without giving any reason. In accordance with the applicable law, the right of rescission may only be exercised on products which the law attaches such a right.

The deadline for rescission is 14 calendar days starting the following day of the order reception. The user is responsible for proving this date.

In order to exercise its right of rescission, the user will have to inform Moonstache by email: info@moonstache.com. The email sent will constitute the date of exercise of the right of rescission by the client. Upon exercise of this right of rescission within the period specified above, only the price of the returned product and the shipping costs specified in the order will be refunded. Costs and risks taken with the return remain the sole responsibility of the client.

All product returns under this article shall be made in the original and complete condition of the product (packaging, accessories, manuals, etc.) to allow its resale. A copy of the sales invoice or order confirmation will have to be returned with the product.

Any returned product will have to be sent to the address indicated by Moonstache.

Any product returned incomplete or used will not be taken back under the rescission right.

Reimbursement resulting from the exercise of the rescission right will be made within thirty days of the validation of the appropriate form. This reimbursement will be made via the payment provider and depending on the provider’s terms.

To exercise its right of rescission, the user agrees to use the shipping provider’s Points Poste system. The user also acknowledges that he will inform Moonstache of its decision to initiate the exercise of his right of rescission by completing the appropriate form available on the website.


ARTICLE 12. GUARANTEE

Moonstache provides a contractual guarantee for defects in the products delivered, upon proof of purchase date. The bill will be edited in the client's account.

If a defect is reported by the client, the client must inform Moonstache by registered mail with return receipt and details to the following address: Soon On Mars - Customer Service - Avenue de l’Optimisme 91/24 1140 Brussels - Belgium and must be accompanied with photographs.

Before agreeing to support the product under guarantee, Moonstache will proceed with the following verifications:

- The product complies with the product ordered by the client, without damage or special modifications,

- The defect reported by the client does not result from abnormal use of the product ordered, a normal wear and tear of the product or accidental event possibly caused by a third party.

If the responsibility decided by Moonstache is confirmed under this guarantee, Moonstache agrees, to refund or exchange the apparently defective products.

Moonstache will take care of the return formalities and will support the fees related to this guarantee.

Any refund decided by Moonstache will be by check, refund to the credit card or Paypal within thirty days of the date the returned product is received by Moonstache. 

ARTICLE 13. INTELLECTUAL PROPERTY RIGHTS

All elements of the site, whether visual or audio, are the exclusive property of Moonstache and are protected by copyright, trademarks or patents. Therefore, any total or partial representation of the website without the express permission of Moonstache is prohibited and constitutes a counterfeit. The visuals sold on the website are also the exclusive property of Moonstache.

ARTICLE 14. CONTENT AND LIABILITY RELEASE

The client is responsible for insertion and veracity of the information at each stage of the order, as well as at each step following the conclusion of the contract.

Moonstache does not guarantee acceptance of the client’s order and disclaims any liability for unavailability of the product ordered, which is subject to refunding the client the price of the product ordered.

Moonstache is not liable for any indirect, special and consequential damages arising under the contract.

Moonstache is not liable for interrupting the suggested services through its website and the consequences resulting from such modifications to the user or any third party.

Moonstache agrees to take all reasonable measures to ensure that the information available on the site is complete and accurate.

Moonstache however does not guarantee the accuracy or updating of information contained on this site, except the prices quoted in the order summary before its validation.

Moonstache cannot guarantee at 100% that all functional aspects of the website are completely free of runtime errors on the hardware that visitors will have chosen to use to visit the website and its services. Moonstache, however, guarantees that all content of the website contains no hazardous components.

Moonstache is not liable for damages resulting from unauthorized intrusion into its computer systems and / or fraudulent use of its distribution system. It declines all responsibility in case of theft of data following an intrusion into its computer systems. Moonstache does, however, use the appropriate methods to prevent illegal intrusions.

No matter the form the Internet is used, or any other means of distance communication, to view the website and use the services associated with it, the visitor and the user agree to be fully informed and aware of the risks related to the use of the Internet. Moonstache cannot be held responsible for the presence of a computer virus in the Internet network or any other malicious content that could damage the material the Internet user or the user will have chosen to use to visit and subscribe to services associated with the website. Moonstache recommends that Internet users and users always use antivirus and anti-malware that has been updated. Each Internet user and each user is required to implement technical measures that will guarantee the integrity of the material he has chosen to use to visit and subscribe to services that are associated with the website.

The user is solely responsible for the security and confidentiality of its password. In case of misuse of its account, the user agrees to notify Moonstache by sending an email to the address info@moonstache.com. Moonstache will then proceed immediately with the disabling of the user account in question and inform the user via email. Until reception of this email, the user explicitly acknowledges being responsible for any misuse of all terms and legal notices on the website, committed through its account.

The user is solely responsible for backing up/saving e-mails received and / or exchanged with Moonstache.

Moonstache reserves the right to insert hyperlinks to third party websites in its website. Moonstache cannot conduct an audit of all content on these websites. Moonstache is not responsible for any third party websites, such as equipment, data of any kind contained or distributed on these web pages where they are being redirected, regarding the processing of personal data which could be processed and for the availability of these websites online.

Visitors and users acknowledge explicitly that none of the officers, employees or other representatives of Moonstache can be held responsible for damage resulting from visiting the website and the use of the services associated with it.

ARTICLE 15. PRESERVATION OF RIGHTS AND COMPETENT JURISDICTION

Moonstache reserves the right to sue for breach of these terms in order to obtain compensation for any damage.

Subject to the mandatory rules of public international law and private law governing the visitor and the user, the Belgian law governs the relations between them and Moonstache.

The courts of Brussels will have sole jurisdiction.

Moonstache reserves the right to refuse any internet access to all or part of its site, unilaterally and without previous notice, especially in case of clear violation of these terms by a visitor or a user.

ARTICLE 16. MISCELLANEOUS

The user expressly acknowledges that the sales contract is concluded in Brussels in Belgium and that the contractual language is French.

If any provision hereof is held invalid or unenforceable under applicable law, this invalid or unenforceable provision will be replaced by a valid, enforceable provision reading as close as possible to that of the original stipulation, and all other provisions of the agreement will remain in effect.

These provisions and the Privacy Charter reflect the entire agreement between visitors, website users, and Moonstache on the website and the services associated with it. They cancel and replace any and all communications and previous offers or contemporaneous, in electronic, written or oral form, between visitors, website users, and Moonstache on the website and the services associated with it.