Terms and conditions
Terms & Conditions – Luno Manchester
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
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Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
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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;
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Day: calendar day;
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Continuing transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
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Durable data carrier: any medium that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
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Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
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Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
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Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services, for which, up to and including the conclusion of the contract, only one or more remote communication techniques are used;
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Remote communication technique: any means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same space;
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Terms & Conditions: these present Terms & Conditions of the entrepreneur.
Article 2 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order established between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed—before the distance contract is concluded—of where the terms can be viewed and that they will be sent free of charge upon the consumer’s request as soon as possible.
If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can store them easily on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the terms can be reviewed electronically and that they will be sent electronically or otherwise free of charge upon request.
If, in addition to these general terms, specific product or service conditions also apply, paragraphs two and three apply accordingly. In case of conflicting terms, the consumer may always rely on the provision that is most favourable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the remainder of the agreement and these terms will continue to apply. The void or annulled provision will be replaced by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these terms must be assessed “in the spirit” of these terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions shall also be interpreted “in the spirit” of these terms and conditions.
Article 3 – The Offer
If an offer has a limited validity period or is made under certain conditions, this will be stated explicitly in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to properly assess the offer. If the entrepreneur uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and details included in the offer are an indication and cannot serve as grounds for compensation or termination of the agreement.
Images of products are a truthful representation; however, the entrepreneur cannot guarantee that displayed colours exactly match the actual colours of the products.
Each offer includes information that makes it clear to the consumer what their rights and obligations are when accepting the offer. This includes, in particular:
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the price, excluding customs clearance costs and import VAT. These additional costs are the customer’s responsibility. Postal and/or courier services will apply the special scheme for postal and courier services for imports into the EU country of destination. These carriers will collect VAT (and any applicable customs clearance fees) from the recipient;
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any shipping costs;
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the method by which the contract will be concluded and which steps are required;
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whether the right of withdrawal applies;
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the method of payment, delivery, and performance of the agreement;
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the period during which the offer may be accepted or the period within which the entrepreneur guarantees the price;
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the rate of remote communication if calculated differently than the basic rate of the communication method used;
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whether the contract will be archived after conclusion, and if so, how it can be accessed by the consumer;
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how the consumer can check and, if necessary, correct the data provided as part of the agreement before the contract is concluded;
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the languages in which the contract may be concluded in addition to Dutch;
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any codes of conduct to which the entrepreneur has subscribed and how the consumer may consult these codes electronically;
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the minimum duration of the distance contract in the case of a continuing transaction;
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Optional: available sizes, colours, material types.
Article 4 – The Agreement
The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will implement suitable security measures.
The entrepreneur may—within legal boundaries—obtain information regarding whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into a distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to its execution.
The entrepreneur will provide the consumer, either in writing or in such a manner that the consumer can store it on a durable data carrier, with the following information upon delivery of the product or service:
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the visiting address of the entrepreneur’s business location where the consumer can lodge complaints;
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the conditions under which and the method by which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
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information on warranties and existing after-sales service;
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the data listed in Article 4 paragraph 3 of these terms, unless this information has already been provided before the performance of the contract;
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the requirements for terminating the agreement if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuing transaction, the provisions of the previous paragraph apply only to the first delivery.
Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 5 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without stating any reason for 14 days. This cooling-off period starts on the day after the consumer, or a third party designated by the consumer and known to the entrepreneur, receives the product.
During the cooling-off period, the consumer must handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If exercising the right of withdrawal, the consumer must return the product with all supplied accessories and—if reasonably possible—in its original condition and packaging, in accordance with the clear and reasonable instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product. This notification must be made in writing or via email.
After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the goods have been returned in time, for example by supplying proof of shipment.
If the consumer has not notified the entrepreneur of their intention to use the right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product in time, the purchase becomes final.
Article 6 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the return shipping costs are at the consumer’s own expense.
If the consumer has already made a payment, the entrepreneur shall refund this amount as soon as possible and no later than 14 days after withdrawal, provided that the returned product has been received by the seller or conclusive proof of return has been submitted.
Article 7 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion is only permitted if this has been clearly stated in the offer, or at least in good time before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:
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produced according to consumer specifications;
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clearly personal in nature;
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which, by their nature, cannot be returned;
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that may perish or age quickly;
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whose price depends on financial market fluctuations beyond the entrepreneur’s control;
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newspapers or magazines;
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audio and video recordings or computer software where the consumer has broken the seal;
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hygienic products where the seal has been broken.
Exclusion of the right of withdrawal is possible for services:
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relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
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where performance has begun with the express consent of the consumer before the cooling-off period has expired;
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relating to betting and lotteries.
Article 8 – The Price
During the validity period stated in the offer, the prices of products and/or services shall not be increased, except for price changes resulting from adjustments in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
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the increase results from statutory regulations or provisions; or
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the consumer is entitled to terminate the agreement from the day the price increase takes effect.
The place of supply, pursuant to Article 5, paragraph 1 of the Dutch VAT Act 1968, is the country where transport begins. In this case, delivery takes place outside the EU. Therefore, the postal or courier service will charge the recipient import VAT and/or customs clearance costs. No VAT will be charged by the entrepreneur.
All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of such errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 9 – Identity of the Entrepreneur
Business name: Luno Manchester
Email: support@luno-manchester.com
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and existing legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s 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:
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The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
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The delivered products have been exposed to abnormal conditions, have been handled carelessly, or have been treated contrary to the entrepreneur’s instructions and/or those on the packaging;
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The defect is wholly or partially the result of government regulations regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur shall exercise the utmost care when receiving and executing orders for products.
The place of delivery is the address that the consumer has provided to the entrepreneur.
Subject to the provisions in Article 4 of these terms and conditions, the entrepreneur shall execute accepted orders with due speed and at the latest 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 in part, the consumer will be notified no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement free of charge and may be entitled to compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, and no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to offer a replacement item. Upon delivery, it will be clearly and understandably stated that a replacement item is being supplied. For replacement items, the right of withdrawal cannot be excluded. Any costs of 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 representative designated by the consumer and known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an agreement concluded for an indefinite period and which extends to the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a fixed period and which extends to the regular supply of products (including electricity) or services at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may:
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terminate the agreements referred to above at any time and not be restricted to termination at a specific time or during a specific period;
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terminate the agreements in the same manner as they were entered into;
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always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Renewal
An agreement concluded for a fixed period and which extends to the regular supply of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.
In deviation from the previous paragraph, agreements concluded for a fixed period for the regular supply of daily, news, or weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.
An agreement concluded for a fixed period and extending to the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, or three months in the case of agreements involving the regular (but less than monthly) supply of daily, news, or weekly newspapers and magazines.
A fixed-term agreement for the regular trial supply of daily, news, or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and will automatically end after the trial or introductory 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, subject to a notice period of no more than 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 business days after the start of the cooling-off period as referred to in Article 6 paragraph 1.
In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the obligation to immediately report any inaccuracies in provided or stated payment details to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right—subject to legal limitations—to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed reply.
If a complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
Article 16 – CESOP
Due to measures introduced and reinforced from 2024 under the “Act to amend the Turnover Tax Act 1968 (implementation of the Payment Services Directive)” and the implementation of the Central Electronic System of Payment information (CESOP), payment service providers may record transaction data in the European CESOP system.