Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
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;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: a contract whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, use is made exclusively of one or more techniques for distance communication up to and including the conclusion of the contract;
Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously in the same room.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company name: Black Moon Asia Capital
Registration number: 64041000
Business address: 3-5A Arbuthnot Road, Central, HK, Hong Kong SAR China
Email: support@happyflops.com
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, in derogation of the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may 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. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request, either electronically or otherwise.
In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the contract and these conditions shall otherwise remain in force and the relevant provision shall be replaced immediately by mutual agreement by a provision that approximates the intent of the original as much as possible.
Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
the price, excluding customs clearance costs and import VAT. These additional costs will be for the account and risk of the customer. The postal and/or courier service will use the special scheme for postal and courier services with regard to import. This scheme applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service will collect the VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods;
any shipping costs;
the manner in which the contract will be concluded and what actions are required for this;
whether the right of withdrawal applies or not;
the method of payment, delivery and performance of the contract;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the communication medium used;
whether the contract will be archived after it is concluded, and if so how it can be consulted by the consumer;
the way in which the consumer can check and, if desired, correct the data provided by him in the context of the contract before concluding the contract;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a duration transaction.
Optional: available sizes, colors, types of materials.
Article 5 – The contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds not to enter into the contract on the basis of this investigation, he is entitled to refuse an order or application with reasons or to attach special conditions to the performance.
The entrepreneur will send the following information to the consumer in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, together with the product or service:
- the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the performance of the contract;
- the requirements for cancellation of the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every contract is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product to the place of origin within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
If the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3 have expired, the purchase is final.
Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs for returning the products are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. The condition here is that the product has already been received back by the web retailer or that conclusive proof of complete return can be provided.
Article 8 – Exclusion of right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur according to the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
- for separate newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal;
- for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
- the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
- concerning bets and lotteries.
Article 9 – The price
During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
In derogation of the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are indicative prices are stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
- they result from statutory regulations or provisions; or
- the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
The place of delivery takes place pursuant to Article 5, first paragraph, of the Turnover Tax Act 1968 in the country where the transport commences. In this case, this delivery takes place outside the EU. Following this, the postal or courier service will collect import VAT or customs clearance costs from the buyer. Consequently, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Guarantee
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Return of the products must take place in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or have been handled contrary to the instructions on the packaging;
The defect is wholly or partly the result of regulations that the government has issued or will issue regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.
The address that the consumer has made known to the company is considered the place of delivery.
Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, cancellation and renewal
Cancellation
The consumer can cancel a contract that has been entered into for an indefinite period and which aims at regular delivery of products (including electricity) or services at any time, subject to agreed cancellation rules and a notice period of at most one month.
The consumer can cancel a contract that has been entered into for a definite period and which aims at regular delivery of products (including electricity) or services at any time towards the end of the definite period, subject to agreed cancellation rules and a notice period of at most one month.
The consumer can cancel the contracts referred to in the previous paragraphs:
at any time and is not limited to cancellation at a specific time or in a specific period;
at least in the same manner as they were entered into by him;
always with the same notice period as the entrepreneur has stipulated for himself.
Renewal
A contract that has been entered into for a definite period and which aims at regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
In derogation of the previous paragraph, a contract that has been entered into for a definite period and aims at regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can cancel this extended contract towards the end of the extension with a notice period of at most one month.
A contract that has been entered into for a definite period and aims at regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of at most one month, and a notice period of at most three months in the event that the contract aims at regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) is not continued tacitly and ends automatically after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may cancel the contract at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this term commences after the consumer has received the confirmation of the contract.
The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the performance of the contract must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the disputes procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.
Article 15 – CESOP
Due to the measures introduced and tightened as of 2024 regarding the 'Amendment of the Turnover Tax Act 1968 (Act implementing the Payment Service Providers Directive)' and thereby the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.