ARTICLE 1  DEFINITIONS

In these terms and conditions, the following definitions apply:

1. CLAIR DE LUNE: the company as further identified in Article of these terms and conditions.
2. Consumer: the natural person who acts for purposes outside his or her trade, business or profession and who enters into, or intends to enter into, an
   agreement with CLAIR DE LUNE.
3. Agreement: the distance contract concluded between CLAIR DE LUNE and the consumer via the CLAIR DE LUNE webshop, relating to the sale and delivery of products.
4. Right of Withdrawal: the statutory right of
   the consumer to dissolve the distance contract within the cooling-off period.
5. Cooling-off Period: the period within which the consumer may exercise the right of withdrawal.
6. Product(s): the physical goods offered by CLAIR DE LUNE via the webshop.

ARTICLE 2  COMPANY DETAILS

Company name: Clair de Lune B.V.
Registered address: Populierenstraat 35, 4711 RH St. Willebrord, The Netherlands
Chamber of Commerce number: 98433709
Email address: info@clairdelune.nl

ARTICLE 3  APPLICABILITY

1. These Terms and Conditions apply to every offer made by CLAIR DE LUNE and to every Distance Contract concluded between CLAIR DE LUNE and the Consumer.
2. Before the Agreement is concluded, the text of these Terms and Conditions will be
   made available to the Consumer electronically in such a way that it can be
   easily stored on a durable medium. If this is not reasonably possible, CLAIR DE LUNE will indicate where the Terms and Conditions can be consulted electronically and that they will be sent free of charge upon request.
3. These Terms and Conditions are freely accessible on the CLAIR DE LUNE webshop.
4. CLAIR DE LUNE reserves the right to refuse an order or request additional information if this is necessary for the performance of the Agreement or
   if there are reasonable grounds to do so (for example indications of fraud or non‑payment).
5. If one or more provisions of these Terms and Conditions are wholly or partly
   void or voidable, the remaining provisions shall remain in full force and
   effect. In such case, the parties shall consult in order to agree on a
   replacement provision that reflects as closely as possible the intent of
   the original provision.

 ARTICLE 4  THE OFFER

1. All Products and services offered via the CLAIR DE LUNE webshop are subject to
availability. If a Product is temporarily unavailable, CLAIR DE LUNE will
indicate this as soon as possible on the webshop or inform the Consumer
accordingly.

2. If an offer has a limited period of validity or is subject to specific conditions,
this will be explicitly stated. Obvious errors, misprints, typographical
errors, pricing errors or other evident mistakes do not bind CLAIR DE LUNE.

3. The offer contains a clear description of the Products. Images and colours shown on the webshop are indicative only and may differ slightly from the actual Product.

ARTICLE 5  THE AGREEMENT

1. The Agreement between CLAIR DE LUNE and the Consumer is concluded at the moment the Consumer accepts the offer by placing an order via the CLAIR DE LUNE
webshop and the payment has been successfully completed.

2.    After conclusion of the Agreement, the Consumer will receive an electronic order
confirmation by email without undue delay. This confirmation serves as
confirmation of the Agreement on a durable medium.

3.    CLAIR DE LUNE reserves the right to refuse orders or request additional information, for example in cases of suspected fraud, incorrect or incomplete information, or previous payment issues. In the event of refusal, the Consumer will be informed in a timely manner and any payment already made will be refunded.

4. If one or more provisions of the Agreement or these Terms and Conditions are void, the
remaining provisions shall remain in full force and effect. The parties shall
consult to agree on a replacement provision that most closely reflects the
original intention.

ARTICLE 6  PAYMENT

1. Payment by the Consumer shall be made in advance of delivery of the Products, using the payment methods offered on the CLAIR DE LUNE webshop.

2.  CLAIR DE LUNE is entitled to restrict, modify or supplement the offered payment methods, provided the Consumer is clearly informed thereof prior to the conclusion of
the Agreement.

3.  If the Consumer fails to fulfil the payment obligation in a timely manner, CLAIR DE
LUNE is entitled to suspend performance of the Agreement or dissolve the
Agreement, without prejudice to its right to claim compensation for demonstrable damages insofar as permitted by law.

4. CLAIR DELUNE is not liable for malfunctions or delays at the payment service provider, insofar as these are beyond CLAIR DE LUNE’s control.

5.Electronic payments are secured in accordance with applicable laws and regulations.​

ARTICLE 7  RIGHT OF WITHDRAWAL

1.    The Consumer may withdraw from a Distance Contract without giving any reason within 14 days after the day on which the Consumer, or a third party designated by the
Consumer who is not the carrier, has received the Product.

2. During the Cooling‑off Period, the Consumer shall handle the Product and its packaging with due care. The Consumer may only handle and inspect the Product to the
extent necessary to establish its nature, characteristics and functioning, as
would be permitted in a physical store.

3.  The Consumer is liable for any diminished value of the Product resulting from
handling beyond what is permitted under paragraph 2.

4. The Right of Withdrawal is excluded for Products which are not suitable for return for
reasons of health protection or hygiene, or if the seal has been broken after
delivery. This includes, but is not limited to, sealed lingerie and swimwear
with a hygiene sticker or other hygienic seal.

5. To exercise the Right of Withdrawal, the Consumer must register the return within the Cooling‑off Period in accordance with the return instructions on the CLAIR DE LUNE website. The Consumer is not obliged to
state a reason.

6. After registration, the Consumer must return the Product as soon as possible, but no later than 14 days thereafter, to the return address provided by CLAIR DE LUNE.
The risk of return shipment rests with the Consumer until the Product has been
received by CLAIR DE LUNE or its designated logistics partner.​

7.   If the Consumer withdraws from the Agreement, CLAIR DE LUNE shall refund all payments received from the Consumer, including standard delivery costs for the outward shipment, without undue delay and in any event no later than 14 days after
receipt of the withdrawal notification. CLAIR DE LUNE may withhold reimbursement until it has received the Product back or the Consumer has supplied evidence of having sent back the Product, whichever is the earliest.

8.   The costs of returning the Product are borne by the Consumer, unless expressly stated otherwise on the CLAIR DE LUNE website.

9.    This Article does not affect mandatory consumer protection provisions, including
rights under the law of the Consumer’s country of residence, in so far as
applicable.

ARTICLE 8   LIABILITY

1.   CLAIR DE LUNE is only liable for damage that is the direct result of an attributable
failure in the performance of the Agreement, insofar as such liability cannot
be excluded or limited by mandatory law.

2.    CLAIR DE LUNE’s liability is limited to the purchase price of the relevant Product,
unless mandatory consumer law prescribes a higher compensation.

3.    CLAIR DE LUNE is not liable for indirect or consequential damage, including but not
limited to loss of profit, missed savings or non‑material damage, unless there
is intent or deliberate recklessness on the part of CLAIR DE LUNE.

4.   CLAIR DE LUNE is not liable for damage resulting from incorrect, careless or improper
use of the Product, including failure to comply with provided instructions for
use, washing or maintenance.

5.    CLAIR DE LUNE is not liable for individual allergic reactions, skin irritations or other
physical reactions, unless the Product does not comply with applicable
statutory product safety and conformity requirements.

6.    Product information, size charts and images on the webshop are compiled with care but may contain minor deviations. Obvious errors or mistakes do not bind CLAIR DE LUNE.

7.    CLAIR DE LUNE is not liable for damage resulting from incorrect or incomplete
information provided by the Consumer.

8.    CLAIR DE LUNE is not liable for damage resulting from temporary unavailability,
malfunctions or technical errors of the webshop or of third parties engaged by
CLAIR DE LUNE, insofar as this does not conflict with mandatory consumer law.

9.    The limitations of liability in this Article do not apply in cases of intent or
deliberate recklessness, nor to liability that cannot be excluded by mandatory
law, including liability for death or personal injury.

ARTICLE 9  COMPLAINTS AND DISPUTES

1. Complaints regarding the performance of the Agreement or the Products must be
   submitted to CLAIR DE LUNE within a reasonable period after discovery,
   fully and clearly described, via the contact details provided on the website.
2. CLAIR DE LUNE shall respond to submitted complaints as soon as possible, but no later than 14 days after receipt. If a complaint requires a longer
   processing time, the Consumer will be informed within this period, including an indication of when a substantive response can be expected.
3. The Consumer must in any event grant CLAIR DE LUNE a period of four weeks to resolve the complaint in mutual consultation.
4. If the complaint has not been resolved after the period referred to in paragraph 3, a dispute arises that is eligible for dispute resolution.
5. The Consumer may submit the dispute via the European Online Dispute Resolution
   (ODR) platform of the European Commission, insofar as applicable.​
6. Without prejudice to the foregoing, the Consumer also retains the right to submit
   the dispute to the competent court in accordance with Article 10 of these
   Terms and Conditions.
7. Submitting a complaint or initiating a dispute does not affect the Consumer’s
   statutory rights and remedies.

ARTICLE 10 GOVERNING LAW AND COMPETENT COURT

1.    All Agreements between CLAIR DE LUNE and the Consumer to which these Terms and
Conditions apply are governed by Dutch law.

2.   If the Consumer resides outside the Netherlands, the choice of Dutch law does not prejudice mandatory consumer protection provisions of the law of the Consumer’s country of habitual residence, insofar as applicable under private
international law.​

3.   Subject to paragraph 2 and applicable mandatory rules on jurisdiction, disputes between CLAIR DE LUNE and the Consumer may be submitted to the competent court of the district in which CLAIR DE LUNE is established, unless mandatory law designates another competent court.

4.    Consumers residing in a Member State of the European Union or in the United Kingdom retain the right to bring proceedings before the competent court in their country of residence, in accordance with applicable international and national
regulations

ARTICLE 11  PRICE

1.    All prices of the offered Products and services are stated in euros and include VAT andother government‑imposed charges, unless expressly stated otherwise.​

2.    Any additional costs, including but not limited to shipping costs, will be clearly
communicated to the Consumer prior to the conclusion of the Agreement.

3.    
CLAIR DE LUNE is entitled to change prices of Products as long as no Agreement has been concluded. Agreements already concluded shall be executed at the price
applicable at the time of conclusion.

4.    Obvious errors, misprints or typographical mistakes in the offer or price indication do not bind CLAIR DE LUNE. If it was reasonably apparent to the Consumer that an incorrect price was stated, CLAIR DE LUNE is entitled to dissolve the Agreement
and refund any payments received.

5.    Offers, discounts and promotions are valid for the stated period and while stocks last, unless expressly stated otherwise. No rights can be derived from previous
offers or promotions.

6.    Where. discount codes, vouchers or other promotional actions are used, the applicable conditions as communicated by CLAIR DE LUNE shall apply. Discount codes and promotions cannot be exchanged for cash and cannot be combined, unless
expressly stated otherwise.

7.    If the Consumer resides outside the Netherlands, prices may be displayed in another currency. Any exchange rate differences or costs charged by payment or
financial service providers shall be borne by the Consumer.

ARTICLE 12  DELIVERY AND PERFORMANCE

1.    CLAIR DE LUNE shall exercise the greatest possible care in receiving and executing orders for Products.

2.    Delivery shall take place at the address specified by the Consumer when concluding the Agreement and within the delivery period stated on the webshop.

3.    If delivery is delayed, the Consumer will be informed as soon as possible. In the
event of exceeding statutory delivery periods, the Consumer shall have the
rights granted under mandatory consumer law.​

4.    CLAIR DE LUNE is entitled to engage third parties, including carriers and logistics
service providers, in the performance of the Agreement. This does not affect
CLAIR DE LUNE’s responsibility towards the Consumer for proper performance.

5.    The risk of damage to and/or loss of Products rests with CLAIR DE LUNE until the moment of delivery to the Consumer or a previously designated representative known to CLAIR DE LUNE, unless expressly agreed otherwise.​

6.    If a Product ordered proves to be unavailable, CLAIR DE LUNE shall inform the
Consumer in a timely manner and, if payment has already been made, ensure reimbursement of the relevant amount within a reasonable period.

ARTICLE 13  COMPLIANCE AND
(ADDITIONAL) GUARANTEE

1. CLAIR DE LUNE warrants that the delivered Products comply with the Agreement, the specifications stated in the offer, reasonable standards of quality
   and usability, and applicable statutory provisions and government regulations in force at the time of conclusion of the Agreement.​
2. Any additional guarantee provided by CLAIR DE LUNE, the manufacturer or
   importer does not affect the statutory rights and claims of the Consumer
   under the Agreement.
3. An additional guarantee means any undertaking by CLAIR DE LUNE, its supplier, importer or producer granting the Consumer rights beyond statutory
   obligations.
4. Any guarantees provided by third parties, such as manufacturers or suppliers,
   fall solely under the responsibility of those third parties, unless expressly stated otherwise.
5. The guarantee lapses if defects are wholly or partly the result of improper use, failure to comply with washing or maintenance instructions, normal wear and tear, or if modifications or repairs have been carried out without the consent of CLAIR DE LUNE.
6. CLAIR DE LUNE is not liable for the suitability of the Product for a specific
   purpose intended by the Consumer, unless such use has been expressly
   confirmed in writing by CLAIR DE LUNE.

ARTICLE 14 RETENTION
OF TITLE

1.   All Products delivered by CLAIR DE LUNE remain the property of CLAIR DE LUNE until
the Consumer has fully complied with all payment obligations under the
Agreement, including any additional costs.

2.    The retention of title does not affect the statutory rights of the Consumer,
including the Right of Withdrawal and rights in the event of non‑conformity.

ARTICLE 15  INTELLECTUAL PROPERTY RIGHTS

1.    All intellectual property rights relating to the website, webshop, offered
Products, product designs, images, texts, logos, trade names and other visual
or textual expressions vest in CLAIR DE LUNE or its licensors.

2.   The Consumer is not permitted to reproduce, publish, distribute or otherwise use any material as referred to in paragraph 1 without prior written consent of
CLAIR DE LUNE, other than for personal and non‑commercial use.

3.    Use of the website and/or placing an order does not constitute a transfer, grant or
licence of intellectual property rights, unless expressly agreed otherwise in
writing.

ARTICLE 16  ADDITIONAL OR DEVIATING PROVISIONS

1.    Provisions included in a specific offer, promotion or campaign may deviate from these Terms and Conditions, insofar as this is expressly stated in the offer.

2.    In the event of a conflict between provisions in a specific offer and these Terms and Conditions, the provisions in the offer shall prevail.

3.    CLAIR DE LUNE shall clearly inform the Consumer of any deviating provisions when
concluding the Agreement.