Terms and Conditions

General Terms and Conditions Moontopup

The General Terms and Conditions of Moontopup.com are:

Article 1 – Identity of the entrepreneur
Article 2 – The agreement
Article 3 – Definitions
Article 4 – The price
Article 5 – Payment
Article 6 – The offer
Article 7 – Applicability
Article 8 – Duration transactions: duration, cancellation and extension
Article 9 – Delivery and extension execution
Article 10 – Complaints procedure
Article 11 – Disputes
Article 12 – Conformity and guarantee
Article 13 – Industry guarantee
Article 14 – Right of withdrawal
Article 15 – Costs in case of withdrawal
Article 16 – Exclusion right of withdrawal
Article 17 – Additional or different provisions

Article 1 - Identity of the entrepreneur
Name entrepreneur: Moontopup
Acting under the name(s): Sunteltelecom BV
E-mail address: [email protected]
Chamber of Commerce number: 24416509
VAT number: NL 8202.88.615.B01

If the activity of the entrepreneur is subject to a relevant licensing system: the data about the supervisory authority:

If the entrepreneur practices a regulated profession:

· the professional association or organization to which he is affiliated;
· the professional title, the place in the EU or the European Economic Area where it was awarded;
· a reference to the professional rules that apply in the Netherlands and indications where and how these professional rules can be accessed.

Article 2 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can inform himself – within legal frameworks – whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the information included in Article 6 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
All digital credit / calling cards / payment cards are not exchangeable / exchangeable.
All digital Calling Credit / Calling Cards / Payment Cards cannot be returned.

Article 3 - Definitions
In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that enables future consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person who is a member of SMS Call Credit and who offers products and/or services to consumers at a distance;
8. Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for communication on distance;
9. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room;

Article 4 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 5 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid
2. When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
4. In the event of non-payment 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 6 - The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;
any costs of delivery;
the manner in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
any other languages in which, in addition to Dutch, the agreement 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;
the minimum duration of the distance contract in the case of a long-term transaction.

Article 7 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is 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 and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding 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 it is consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision in the event of conflicting general terms and conditions. most favorable.

Article 8 - Duration transactions: duration, cancellation and extension
cancellation

1. The consumer can cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of services, at any time towards the end of the definite term, with due observance of the agreed cancellation rules and a notice period of no more than one month.
3. The consumer can conclude the agreements referred to in the previous paragraphs:

cancel at any time and are not limited to cancellation at a specific time or period;
at least cancel in the same way as they entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.

extension
4. An agreement that has been entered into for a definite period and which extends to the regular delivery of services may not be tacitly extended or renewed for a definite period.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer has extended this can terminate the agreement towards the end of the extension with a notice period of at most one month.
6. An agreement that has been entered into for a definite period and which extends to the regular delivery of services may only be tacitly extended 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 if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Expensive
8. 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 no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration. to postpone.

Article 9 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in article 9 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.
6. 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 in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 10 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaints form on the consumer page of the SMSBel credit website at www.smsbelkrediet.nl. The complaint will then be sent to the relevant entrepreneur as well as to SMSBelcredit.
5. If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute settlement procedure.

Article 11 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur about the conclusion or implementation of agreements with regard to products and services to be delivered or delivered by this entrepreneur, with due observance of the provisions below.
3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer will have to state in writing within five weeks after a written request to that effect by the entrepreneur whether he also wishes to do so or whether he wants the dispute to be handled by the competent court. If the entrepreneur is not informed of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee makes a decision under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.
7. The Disputes Committee will not deal with a dispute or will discontinue the handling if the entrepreneur has been granted a suspension of payments, has gone bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the hearing and a final verdict has been given.
8. If, in addition to the Disputes Committee, another disputes committee recognized or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Disputes Committee has exclusive jurisdiction for disputes mainly relating to the method of selling or providing services at a distance. . For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.

The European Commission provides an online dispute resolution platform for consumers, which can be found at http://ec.europa.eu/consumers/odr/. We voluntarily participate in a dispute resolution process

Article 12 - Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions existing on the date of the conclusion of the agreement. regulations and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. 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 agreement.

Article 13 - Industry guarantee
1. SMS Call Credit guarantees compliance with the binding advice of the SMS Call Credit Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months after it has been sent. This guarantee is revived if the binding advice has remained in force after review by the court and the judgment from which this appears has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by SMSBelcredit. For amounts greater than €10,000 per binding advice, €10,000 will be paid out. For the excess, SMSBelcredit has a best efforts obligation to ensure that the member complies with the binding advice.
2. For the application of this guarantee, it is required that the consumer makes a written appeal to SMSBelcredit and that he transfers his claim against the entrepreneur to SMSBelcredit. If the claim against the entrepreneur exceeds €10,000, the consumer is offered to transfer his claim insofar as it exceeds the amount of €10,000 to SMSBelcredit, after which this organization will pay in its own name and at the expense of court will ask for satisfaction of the consumer.

Article 14 - Right of withdrawal
'Because smsbelkrediet.nl only works with digital content and this is processed immediately after you order, we unfortunately cannot offer you a right of withdrawal.
That is why we have entered the following checkbox (mandatory) in the ordering process:
(I want immediate access to the digital content and I am aware that I will lose my right of withdrawal at the start of the performance of the agreed service)

Article 15 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 16 - Exclusion right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:

that have been established by the entrepreneur in accordance with the consumer's specifications;
which are clearly personal in nature;
which by their nature cannot be returned;
which can spoil or age quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
concerning betting and lotteries.

Article 17 - Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.