Terms and Conditions of Sale

Version in force: 21/07/2025

PREAMBLE

These General Terms and Conditions of Sale (the “General Terms and Conditions of Sale ”) apply to any Order placed by a natural person who qualifies as a consumer (hereinafter the “ Customer ”) on the website www.hellomoon-shop.com (hereinafter the “ Website ”) with BENAGA, a single-member simplified joint-stock company with share capital of 1 000 euros, registered with the Mulhouse Trade and Companies Register under number 832 236 228, whose registered office is located at 4 avenue de Strasbourg - Cellule A1 - 68350 DIDENHEIM - France (the “ Seller ”).

The General Terms and Conditions of Sale govern the sale of Products by the Seller to its Customers. To this end, the General Terms and Conditions of Sale specify, in particular, the terms and conditions for ordering, payment, Delivery, and any returns of Products ordered by Customers.

The General Terms and Conditions of Sale are available at any time on the Website, referenced at the bottom of each page of the Website by means of a hyperlink, and must be consulted by the Customer before placing an Order.

The General Terms and Conditions of Sale applicable to the sale are those in force on the date the Order is placed on the Website.

ANY COMMANDE PLACED ON THE WEBSITE AUTOMATICALLY ENTAILS THE CUSTOMER’S UNRESERVED ACCEPTANCE OF THESE T&Cs. THE CUSTOMER DECLARES THAT THEY HAVE READ AND ACCEPTED THE T&Cs WHEN PROCEEDING TO PAYMENT DE THE COMMANDE.

ARTICLE 1 – Definitions

The terms listed below have the following meanings in these General Terms and Conditions of Sale:

• “ Customer ”: refers to the Seller’s contracting party, who warrants that they qualify as a consumer. If an Order is placed by a professional within the meaning of the Preliminary Article of the Consumer Code, the sale shall be concluded under the same conditions as those set out in these General Terms and Conditions of Sale, except for all provisions derived from the Consumer Code that do not apply to relations between professionals (in particular, the right of withdrawal and recourse to the consumer mediator).

 

• “Order”: refers to the purchase of Products by a Customer from the Seller on the Website.

• “ Account ”: means the area dedicated to the Customer on the Website, associated with all data provided by the Customer and information relating to their Orders, hosted on the Website. L’access to the Account is through the “ LOG IN ” tab, using the Customer’s email address and a password chosen by the Customer.

• “ General Terms and Conditions of Sale ” or “ GTCS ”: means these contractual terms governing the sale of the Product by the Seller through the Website.

• “ Product Sheet ”: means the page presenting the commercial offer relating to the Products.

• “ Delivery ”: means the first presentation of the Product ordered by the Customer at the delivery address provided when placing the Order.

• “ Parties ”: in the plural, means the Seller and the Customer together. In the singular, means either the Customer or the Seller.

• “ Products ”: means all products marketed by the Seller on the Website. All Products sold comply with the European legislation in force and the standards applicable in France.

• “ Territory ”: means all territories to which the Seller provides Delivery, namely the entire world. 

ARTICLE 2 – Accessibility of the Website

The Website is made available “as is”, and the Customer uses it at their own expense.

The Seller makes every effort to ensure that the Website is accessible 24 hours a day, 7 days a week, except during interruptions, whether scheduled or unscheduled, in particular for maintenance and/or security purposes or in cases of force majeure.

In any event, the Seller shall not be liable for any damage, of whatever nature, resulting from the unavailability of the Website. The Seller does not guarantee that the Website will be free from anomalies, errors or bugs, or that the Website will operate without failures or interruptions. In this regard, the Seller may freely determine, at its sole discretion, any period during which the Website or its content is unavailable. The Company may also not be held liable for problems with data transmission, connection or network availability.

The Seller reserves the right to make changes to the Website.

ARTICLE 3 – Purchases of Products on the Website

To purchase a Product on the Website, the Customer must be at least 18 years old and have legal capacity or be able to provide proof of authorization from their legal representatives if they are a minor.

The Customer will be asked to provide certain information essential to processing the Order by completing the form available on the Website. The Customer must provide their identity and contact details, as well as a Delivery address.

This information must be complete, accurate, and up to date. The Seller reserves the right to ask the Customer to confirm their identity, eligibility, and the information provided by any appropriate means.

The Seller reserves the right to cancel or refuse any Customer’s Order for legitimate reasons:

• Where the quantities ordered are abnormally high or unusual for a single customer,
• In the event of fraud or attempted fraud by a Customer,
• In the event of a payment incident.

ARTICLE 4 – Account 

Before or at the same time as placing an Order on the Website, the Customer may create an Account by completing the form provided for this purpose on the Website and ticking the box indicating acceptance of the GTC, failing which the Account cannot be created.

The Account includes, in particular, the Customer’s personal information and Order history.

The Customer is responsible for taking all appropriate and necessary measures to maintain the confidentiality and security of their login details. The Customer must change their password immediately if it has been lost, stolen, used without authorization, compromised, or if they have reason to believe it has been compromised. In all cases, the Customer is fully responsible for all activities carried out through their Account on the Website, notwithstanding its fraudulent use by a third party.

The Customer may delete their Customer Account at any time, directly on the dedicated page of their Account or by contacting the Seller.

ARTICLE 5 – Orders

5.1 Product Pages. The Seller presents all the essential characteristics of the Products on the Product Pages, which the Customer agrees to read carefully before placing an Order.

5.2 Product Availability. The Products offered for sale on the Website are available in limited quantities. They are therefore offered for sale while stocks last.

L Product unavailability is generally indicated on the Product Page for the Product concerned. In any event, if Products become unavailable after the Order has been recorded, the Customer will be informed by email or telephone as soon as possible and will be offered either a replacement model or a refund of the price of the Products within fourteen (14) calendar days following the date on which the contract was terminated.

5.3 Product Selection. The Customer is responsible for selecting the Product(s) they wish to order, choosing the desired quantities and characteristics, then clicking “ ADD TO CART ”.    

5.4 Order. L’ tab that appears summarizes the desired Order (model, quantity, product price and total price inclusive of all taxes), and the Customer may continue with the Order by clicking the “PLACE COMMANDE” button.

The Customer is invited to:

• Log in to their Account to place the Order, or create an Account, or continue the Order as a guest ;
• Enter a promotional code, if they have one.

The Customer is redirected to the Order form and summary, which specifies: the name, characteristics and quantity of the Products selected, as well as the price (including the unit price inclusive of all taxes, any discounts, and any Delivery charges). They are invited to check that the contents of their Order are correct and correct any errors.

The Customer must provide the information necessary for the proper processing of their Order. In particular, they must clearly provide all information relating to the billing and Delivery of the Products, especially the exact Delivery address.

Throughout these forms, the Customer’s Order is summarized in a box on the right-hand side of the Site page. The Customer may modify their cart at any time and identify any errors made when selecting products on the Site.

Orders placed must include all the information necessary for the proper processing of the Order. The Seller shall not be liable for any errors in the entry of the Customer’s personal information, which is essential to placing the Order and to Delivery. It is therefore the Customer’s responsibility to check the accuracy of the Order and Delivery information, and to report any errors immediately.

The Customer selects the payment method and enters the relevant details to make secure payment for the Order by following the instructions on the Site, before clicking “PLACE ORDER” to finalize the Order.

The date of the Order is the date on which the Seller acknowledges receipt of the Order online. Any time periods indicated on the Site begin to run only from this date.

5.5 Acknowledgment of receipt. Once all the steps described above have been completed, the Customer is redirected to the Site, where a page appears confirming that their Order has been validated. 

A copy of the Order confirmation is automatically sent to the Customer by email, provided that the email address supplied via the Order form is correct.

ARTICLE 6 – Prices 

The prices shown on the Site are expressed in euros, inclusive of all taxes, based on the VAT rate in force on the date of the Order, excluding delivery charges.

These rates are fixed and non-revisable during their period of validity. The rates take into account any discounts granted by the Seller on the Site.

The Seller reserves the right to change its prices at any time, but the Products will be invoiced at the rates in force when the Order is registered and paid for, subject to availability.

The prices indicated are valid, except in the event of an obvious error. The applicable price is the one indicated on the Site on the date the Customer places the Order.

The prices displayed on the Site do not include any applicable delivery charges, which are invoiced in addition. Any delivery charges applied are indicated to the Customer before the Order is placed.

The Customer is informed that, depending on the Delivery address, they may be subject to import duties and taxes, which are collected when the Products arrive at their destination. These charges shall be borne exclusively by the Customer. As customs policies vary from country to country, the Customer is invited to contact the local customs office for further information.

ARTICLE 7 – Payment terms

7.1 Payment methods. The price is payable in full on the date the Customer places the Order, by secure payment, using the following methods and depending on the Territory:

• Bank card (CB, Visa, Mastercard) ;
• PayPal, provided that an account has previously been created on the <paypal.com> website and the user has signed in.
• Paypal 4X, provided that an account has previously been created on the <paypal.com> website and the user has signed in.
• Apple Pay and Google Pay
• Scalapay payment in 3 or 4 interest-free instalments 
• Klarna 
  
• iDeal
• Bancontact
• EPS
• Blink
• P24
• MobilePay
• Twint

7.2 Late or refused payment. If, for any reason whatsoever, it proves impossible to transfer the funds due from the Customer, the Order shall be cancelled and the sale automatically terminated.

7.3 Invoicing. The invoice will be sent to the Customer after payment of the Order amount has been received.

ARTICLE 8 – Delivery

8.1. Place of Delivery. The Products offered may be delivered throughout the Territory.

Products are shipped to the Delivery address provided by the Customer during the Order process. If the Delivery address is invalid and therefore results in the Products being returned because they could not be received at the address provided when the Order was placed, the Customer shall bear the cost of reshipping the Products to the new address provided.

8.2. Delivery Times and Fees. Products are generally delivered within 30 days of the Order date. However, as this timeframe is beyond the Seller's control, it is provided to the Customer for guidance only.

Delivery fees are shown in the Order summary before it is submitted, and the amount depends on the contents of the Order, the delivery location and the selected Delivery method.

Delivery fees may be waived by the Seller, in which case this will be indicated on the Product page and on the Order summary page before payment is made.

8.3. Delivery Terms. Deliveries are made by a carrier selected by the Seller, to the address provided by the Customer when placing the Order and accessible to the carrier.

8.4. Order Status. The Customer can check the status of their Order in their Account on the Website. Delivery tracking may, where applicable, be carried out using the online tracking tools of certain carriers. The Customer may also contact the Seller at any time to obtain information about the status of their Order.

8.5. Packaging. Products will be packaged in accordance with the applicable transport standards to ensure maximum protection of the Products during Delivery.

Customers undertake to comply with the same standards when returning Products under the conditions set out in Article 10 – Right of Withdrawal.

8.6. Delivery Problem. If the Seller fails to fulfil its obligation to deliver the goods on the stated date, the Customer may:

• Notify the suspension of payment of all or part of the price until the professional fulfils their obligations;
• Terminate the contract if, after having formally notified the Seller to deliver the goods or provide the service within a reasonable additional period, the Seller has failed to do so without delay.

The contract shall be deemed terminated when the Seller receives the letter or written notice informing it of the termination, unless the Seller has performed in the meantime.

However, the Customer may terminate the contract immediately:

• Where the Seller refuses to deliver the goods or it is clear that the Seller will not deliver the goods;
• Where the Seller fails to fulfil its obligation to deliver the goods within the stated time limits and this time limit is an essential condition of the contract for the Customer. This essential condition arises from the circumstances surrounding the conclusion of the contract or from an express request made by the Customer before the contract was concluded.

Where the contract is terminated under the conditions set out above, the Seller shall refund the Customer all sums paid no later than fourteen (14) days after the date on which the contract was terminated.

At the time of Delivery, the Customer or the person designated by the Customer to receive the Products must check:

• That the number of Products delivered corresponds to the information provided by the Seller;
• That the packaging of the Products is intact, undamaged and unaltered in any way.

The Customer or the person expressly designated by the Customer must immediately report any damage to the Products, any discrepancy in their quantity, or any non-conformity with the stated information by recording a written reservation for inspection on the delivery receipt. Once the Products have been accepted, the Customer may not dispute any aspect of the external appearance of the Order.

ARTICLE 9 – Transfer of ownership 

The Products ordered shall remain the property of the Seller until the Customer has paid the price in full. Failure to pay the full amount may result in the Seller reclaiming the goods, which must be returned immediately, with the goods delivered at the Customer’s expense and risk.

The above provisions do not prevent the risks of loss or damage to the Products subject to the retention of title, as well as the risks of any damage they may cause, from transferring to the Customer when the Products are received by the Customer or by a third party designated by the Customer, other than the carrier.

ARTICLE 10 – Right of withdrawal

10.1 Right of withdrawal. As a rule, the Customer has the right to withdraw without giving a reason by returning or handing the Product back to the Seller.

The right of withdrawal is, however, generally excluded in the cases provided for by the provisions of Article L.221-28 of the Consumer Code. In this respect, the right of withdrawal is notably excluded where goods are made to the consumer’s specifications or clearly personalised, or where goods have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection (this notably applies to underwear, socks, hair accessories and hats).

10.2 Withdrawal period. The Customer may withdraw within a period of fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the goods. The Product must then be returned within fourteen (14) days of notifying the Seller of the Customer’s decision to withdraw.

Where the Customer has ordered several Products through a single Order resulting in multiple Deliveries (or where an Order for a single Product is delivered in several batches), the withdrawal period shall expire fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last item.

10.3 Notification of the right of withdrawal.

The Customer has a period of fourteen (14) calendar days from receipt of their Order to exercise their right of withdrawal, without having to provide reasons or incur any costs other than those provided for under applicable regulations.

To exercise this right, the Customer must submit a return request via the returns portal, accessible from the Hello Moon website. This request must be submitted before the expiry of the fourteen (14)-day period following receipt of the Order.

A request submitted via the returns portal constitutes a clear and unequivocal statement of the Customer’s intention to exercise their right of withdrawal. Once the request has been approved, the Customer will receive the instructions required to return their item or items.

Notice of the decision to withdraw in order to return the products and the return of the products must be made within 14 days of receipt of the items, in accordance with these General Terms and Conditions of Sale.

10.4 Effects of withdrawal. If the Customer withdraws, the Seller undertakes to refund the price of the returned items, excluding shipping costs, without undue delay and no later than fourteen (14) days from the date on which the Seller is informed of the Customer's decision to withdraw.

Unless the Seller offers to collect the Products itself, it may defer the refund until it has recovered the Products or until the Customer has provided proof of dispatch of the Products, whichever occurs first.

The Seller will issue the refund using the same payment method that the Customer used for the initial transaction. 

10.5. Return terms. 

RETURN OF PRODUCTS

RETURN OF PRODUCTS

In accordance with the Consumer Code, you may return any product ordered on our website within fourteen (14) calendar days of receiving the order, either by you or by a third party designated by you, with the date shown on the carrier's receipt serving as proof.

Before returning your item, make sure that it complies with all our return terms and conditions. 

France and EU countries: You can submit your return request online via our returns portal by completing the dedicated form: HERE

Here are the fixed return fees by country: 

• France: €5,90€
• Spain, Portugal: €8,90€
  
• Belgium, Germany, Luxembourg, Netherlands: 7,90€
  
• Italy: €9.50
• Ireland, Austria: €9,90€
• Hungary, Poland, Czech Republic, Slovakia, Slovenia, Estonia, Latvia, Lithuania, Sweden: €10.50
• Greece, Finland, Croatia, Malta, Romania: €13.50

OTHER COUNTRIES: If your country is not covered by our online returns portal, please download and complete the withdrawal form and return the item at your own expense and by your own means to the following address within 14 days:

SAS BENAGA

4 avenue de Strasbourg 

68350 Didenheim

All returned products will be inspected:

- Only new product(s) in their original packaging, accompanied by any accessories, instructions, documentation or tags, may be returned within fourteen (14) days of receipt of the order.

- The returned product must be complete, in its original packaging and intact, right side up and in perfect resalable condition. Any product that has been damaged, washed, worn, perfumed, or whose packaging has been damaged will not be refunded or exchanged.

- Shoes must be returned in their original box, with both the soles and the box intact. Under no circumstances may the shoebox be used as the shipping box for the return; it must be protected and intact to ensure the product can be resold. 

Please note that Hello Moon Shop will not accept returns of products made to the consumer's specifications or products that cannot be returned for reasons of hygiene or health protection, such as underwear, socks, earrings, swimsuits, hair accessories, beanies, earmuffs, and balaclavas.

If your withdrawal meets these conditions, you will receive a refund or a credit, according to your choice, for the price of the products excluding shipping costs. If you return the products for a refund, return shipping costs are your responsibility at a flat rate of 5,90€ for France and will be deducted directly from your refund. If you choose to receive a credit, return shipping costs are FREE.
If customs fees are charged when the parcel is received at our warehouse, these fees will be deducted from the refund or credit issued, depending on the compensation method chosen by the customer.

If you would like a different size/color, we invite you to withdraw from your order and place a new order; we do not offer exchanges.

For any questions or complaints, please contact us at the following email address: contact@hellomoon-shop.com

10.6. Condition of returned Products. Products must be returned properly packaged, in their original condition with tags attached. 

Only Products returned complete, in their original packaging, complete and intact, and in perfect resalable condition will be accepted. Any product that has been damaged, washed, worn, or whose packaging has been damaged will not be refunded or exchanged.

Your liability may only be incurred for any decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.

ARTICLE 11 – Warranty

In addition to any commercial warranties that the Seller may offer for certain Products, all Customers benefit from “legal” warranties for all Products, as detailed below.

The consumer has a period of two years from delivery of the goods to obtain the application of the legal guarantee of conformity in the event that a lack of conformity becomes apparent. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it became apparent.

The legal warranty does not apply:

• normal wear and tear of the garment;
• damage resulting from improper maintenance or failure to follow washing instructions;
• modifications or repairs carried out by the customer;
• damage caused by misuse.

ARTICLE 12 – Liability

The Seller is subject to an obligation of means for all stages of placing an Order for Products, as well as for the stages following the placement of an Order.

The Seller shall under no circumstances be held liable for the non-performance or improper performance of contractual obligations attributable to the Customer, particularly when placing an Order.

The Seller may not be held liable, or deemed to have breached the Terms and Conditions, for any delay or failure to perform where the cause of the delay or failure is related to an event of force majeure as defined by the case law of the French courts.

It is further specified that the Seller does not control websites that are directly or indirectly linked to the Site and therefore cannot be held liable for the information published on them. Links to third-party websites are provided for information purposes only, and no guarantee is given regarding their content.

ARTICLE 13 – Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from an event of force majeure.

An event beyond the debtor’s control, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, constitutes force majeure in contractual matters when it prevents the debtor from performing its obligation. The Party observing the event must inform the other Party without delay of its inability to perform its obligation.

If the impediment is temporary, performance of the obligation shall be suspended unless the resulting delay justifies termination of the contract.

If the impediment is permanent, these terms shall be automatically and fully terminated, and the Parties shall be released from their obligations under the conditions set out in Articles 1351 and 1351-1 of the Civil Code.

ARTICLE 14 – Evidence & archiving

Contracts concluded electronically for an amount exceeding one hundred and twenty (120) euros including VAT shall be retained by the Seller for a period of ten (10) years from delivery or performance of the service, in accordance with Article L. 213-1 of the Consumer Code. The Client may access their archived contract by submitting a simple request to the Seller.

In the event of a dispute, the Seller may prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.

ARTICLE 15 – Personal data

The Seller collects personal data concerning its Clients on the Site, which is necessary in particular to process their Orders, issue invoices, respond to their requests for information and, if the Client has expressly selected this option, send promotional offers, unless the Client no longer wishes to receive such communications from the Seller.

This data may be disclosed to any subcontractors of the Seller responsible for the execution, processing, management, and payment of orders.

The Client is invited to consult the Seller’s Privacy Policy, which is available and provides further information about the protection of personal data, the processing carried out via the Site, and how to exercise their rights.

Any consumer may register free of charge on the BLOCTEL do-not-call list https://www.bloctel.gouv.fr/. In accordance with Law No. 2020-901 of 24 July 2020 on regulating telephone solicitation and combating fraudulent calls, any professional reserves the right to contact a consumer on the do-not-call list where the solicitation relates to the performance of an existing contract, including where it involves offering the consumer products or services related or complementary to the subject matter of the existing contract or likely to improve its performance or quality.

ARTICLE 16 – Customer Service

For any questions, information or complaints, the Seller’s customer service department is available to the Customer every day except weekends and public holidays for any questions relating to the tracking of their Order, withdrawal or non-conformity of the Product after purchase.

Any request must be sent:

• Or by email at contact@hellomoon-shop.com ; or
• By post to the following address: Hello Moon - 4 avenue de Strasbourg - Cellule A1 - 68350 DIDENHEIM.

ARTICLE 17 – Intellectual Property

The Seller is the exclusive holder of the intellectual property rights in the Products offered on the Site, the trademarks, patents, designs and models and copyrights associated with the Products, the Site and all its elements, including its visual and graphic identity, design, ergonomics, features, software, text, moving or still images, sounds, know-how, drawings, graphics, and names, abbreviations, logos or other signs that may be created or used by the Seller.

The Customer shall not use any patents, trademarks, images, designs or models, or any other element in which the Seller holds intellectual property rights.

Furthermore, the intellectual property rights in the documents contained on the Site and each of the elements created for this Site are the exclusive property of the Seller, who grants no licence or other rights except the right to view the Site. The reproduction of any page or content of said Site requires the Seller’s prior written authorization, except in the case of private copying.

The reproduction of any documents published on the Site is authorized solely for informational purposes for personal and private use; any reproduction or use of copies made for other purposes is expressly prohibited.

The acceptance of these T&Cs constitutes the Customer’s acknowledgment of the Seller’s intellectual property rights.

ARTICLE 18 – Validity of the General Terms and Conditions of Sale

Any amendment to the legislation or regulations in force, or any decision by a court of competent jurisdiction invalidating one or more clauses of these General Terms and Conditions of Sale shall not affect the validity of these General Terms and Conditions of Sale. No such amendment or decision shall entitle Customers to disregard these General Terms and Conditions of Sale.

ARTICLE 19 – AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF SALE

The Terms and Conditions are precisely dated and may be amended and updated by the Seller at any time.

The applicable Terms and Conditions are those in force at the time of the Order.

Any amendments to the Terms and Conditions shall not apply to Products already purchased.

ARTICLE 20 – Entire Agreement 

These Terms and Conditions constitute the entire agreement between the Seller and the Customer concerning the subject matter hereof.

ARTICLE 21 – No Waiver

L’failure by the Seller to apply any provision of the Terms and Conditions, or its mere tolerance of any breach by the Customer, whether temporary or permanent, shall in no circumstances be considered a waiver of the Seller’s rights.

ARTICLE 22 – Jurisdiction & Applicable Law

These Terms and Conditions and the transactions arising from them are governed by and subject to French law, unless the Customer chooses to have the law of the State of which they are a national apply.

Before bringing a claim before an arbitral or state court, the Customer is invited to contact the Seller. If no agreement is reached, or if the Customer can demonstrate that they have first attempted to resolve their dispute directly with the Seller by means of a written complaint, an optional mediation procedure will then be offered, conducted in a spirit of fairness and good faith with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including any dispute concerning its validity.

In accordance with the provisions of the Consumer Code concerning “the consumer dispute mediation process,” after contacting us and if our response does not satisfy you, you may use a free consumer mediation procedure with:

Consumers also have the option of using the European online dispute resolution platform, available at the following address:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.

The Party wishing to initiate the mediation process must first inform the other Party by registered letter with acknowledgment of receipt, specifying the details of the dispute.

As mediation is not mandatory, the Customer or the Seller may withdraw from the process at any time. If mediation fails or is not considered, the dispute that could have been subject to mediation shall be referred to the competent court designated above.