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 their right of withdrawal;
Consumer: the natural person not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract concerning a series of products and/or services, where the obligation to deliver and/or take delivery is spread over time;
Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the consumer's option to cancel 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 concluded between the entrepreneur and the consumer within the framework of an organized distance sales system, where, up to and including the moment the contract is concluded, exclusive use is made of one or more means of distance communication;
Means of distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being together in the same place at the same time;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Entity 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 made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
In addition to these general terms and conditions, specific product or service conditions may also apply. In that case, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting terms and conditions.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will remain in force for the rest, and the relevant provision will be replaced by mutual agreement as soon as possible by a provision that approximates the original intent as closely as possible.
Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Ambiguities 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 validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. 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 allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying 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 acceptance of the offer. This particularly concerns:
the price, excluding clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special arrangement for postal and courier services regarding import. This arrangement applies if the goods are imported into the EU country of destination, which is also the case in this instance. The postal and/or courier service will collect the VAT (whether or not together with the charged clearance costs) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the distance communication tariff if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the used communication means;
whether the agreement is archived after conclusion, and if so, in what manner the consumer can consult it;
the way in which the consumer, before concluding the agreement, can check and, if necessary, correct the data they have provided in the context of the agreement;
any other languages besides Dutch in which the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of a duration transaction.
Optional: available sizes, colors, types of materials.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. Until receipt of this acceptance has been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will 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 fulfill his payment obligations, as well as about all those facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or request on motivated grounds or to attach special conditions to the execution.
The entrepreneur will send the following information along with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- the visiting address of the establishment of the entrepreneur 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 warranties 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 execution of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite.
In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into 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 agreement without giving any reason within 14 days. This cooling-off period starts on the day after the product is received by the consumer or a representative pre-designated by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must give notice by means of a written message/email. After the consumer has notified their wish to exercise the right of withdrawal, the customer must return the product within 14 days to the place of origin. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If the customer has not notified their wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.
Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products are at the consumer's expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is on the condition that the product has already been received back by the online retailer or conclusive proof of complete return shipment 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. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have been manufactured by the entrepreneur according to the consumer's specifications;
- that are clearly personal in nature;
- that by their nature cannot be returned;
- that can spoil or age quickly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software where the consumer has broken the seal;
- for hygiene products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or within a specific period;
- for which delivery has started with the consumer's explicit consent 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 due to changes in VAT rates.
In deviation from 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, at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they result from legal regulations or provisions; or
- the consumer has the authority to terminate the agreement from the day the price increase takes effect.
The place of delivery, based on article 5, first paragraph, of the Turnover Tax Act 1968, is the country where transportation begins. In the present case, this delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT and/or clearance costs from the recipient. Therefore, the entrepreneur will not charge VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous price.
Article 10 – Conformity and Warranty
The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations on the date of conclusion of the agreement. If agreed, the entrepreneur also warrants 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 based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Return of the products must be done in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each 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 themselves or had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or in violation of the entrepreneur's instructions and/or those on the packaging;
The defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will observe the utmost care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Taking into account what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously 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 only partially, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
In case of dissolution according to 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 make efforts to make a replacement item available. At the time of delivery, it will be clearly and understandably communicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the entrepreneur's expense.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a pre-designated and made known representative of the entrepreneur, unless explicitly agreed otherwise.
Article 12 – Duration transactions: duration, termination, and extension
Termination
The consumer can terminate an agreement concluded for an indefinite period and aimed at the regular supply of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of at most one month.
The consumer can terminate an agreement concluded for a definite period and aimed at the regular supply of products (including electricity) or services at any time towards the end of the definite period, observing the agreed termination rules and a notice period of at most one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
at any time and not be limited to termination at a specific time or in a specific period;
at least in the same manner as they were concluded by them;
always with the same notice period as the entrepreneur has stipulated for themselves.
Extension
An agreement concluded for a definite period and aimed at the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
In deviation from the previous paragraph, an agreement concluded for a definite period and aimed at the regular supply of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, provided the consumer can terminate this extended agreement towards the end of the extension with a notice period of at most one month.
An agreement concluded for a definite period and aimed at the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of at most one month and a notice period of at most three months if the agreement is aimed at regular, but less than once a month, supply of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular supply of daily, news, and weekly newspapers and magazines for acquaintance (trial or acquaintance subscription) is not tacitly continued and ends automatically after the trial or acquaintance period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination 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 as referred to in article 6 paragraph 1. In case of an agreement for providing a service, this period starts after the consumer receives confirmation of the agreement.
The consumer has the obligation to report any inaccuracies in provided or stated payment details to the entrepreneur immediately.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the consumer the reasonable costs made known in advance.
Article 14 – Complaints procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has identified 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 respond within the 14-day period with an acknowledgment 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 eligible for the disputes settlement.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its choice, either 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.