Terms and Conditions of Sale and Use


General Terms and Conditions of Sale and Use for the website www.moonstra.com.
Last updated: 08/08/2023

Article 1 - Legal Notice

The website www.moonstra.com is created, managed and operated by the company MOONSTRA.
It is hosted on Shopify Inc, which provides the e-commerce platform for selling products and services.
Name and contact details of the internet host:
MOONSTRA is a French sole proprietorship registered with the Trade and Companies Register.
  • Company manager and publisher of the website www.moonstra.com: Alexandre Collignon
  • Company address: MOONSTRA, 336 chemin Barthélémy Florent, Bâtiment D1, 83200 Toulon.
  • Company SIRET number: 88186361700018.
  • Due to the company's status, VAT is not applied. The mention "VAT not applicable, art. 239B of the CGI" is therefore included on invoices.
Contact with customer service:
  • Tel: 07 52 62 07 11
  • Email: contact@moonstra.com.
  • Monday to Friday from 9 am to 6 pm, excluding public holidays.

    Article 2 - General Provisions

    This website www.moonstra.com is hereinafter referred to as "Site".
    On this site, the terms "I", "my", "me", "we", "our", "us", "the MOONSTRA team" refer to the company MOONSTRA, hereinafter referred to as "MOONSTRA".
    The terms "you", "your" refer to all users of this site, including but not limited to those who browse the Site, who are customers, sellers, and/or content contributors. They are hereinafter referred to as "Client".
    The terms "Conditions", "General Terms and Conditions of Sale" as well as "General Terms and Conditions of Sale and Use" are hereinafter referred to as GTC.
    These GTC define the rights and obligations of the Client and MOONSTRA in connection with visiting the Site, and the sale and purchase of products offered therein.
    MOONSTRA offers this Site as well as all information, tools and services available on it to the Client, subject to their acceptance of all terms, conditions, policies and notices stated herein.
    The Client must therefore carefully read these GTC before visiting and using this Site.
    By visiting it and/or purchasing products offered for sale, notably by validating an order, the Client engages in MOONSTRA's service and agrees to be bound by these GTC, including the additional terms, conditions and policies referenced herein and/or accessible by hyperlink. Otherwise, they must neither access the Site nor use the services offered therein.
    All new features that will be added to this Site later will also be subject to these GTC. The Client can consult their most recent version at any time on this page.
    It may be that there are sometimes information on the Site or in the Service that contain errors, inaccuracies or omissions that may relate to product descriptions, prices, offers, promotions, shipping costs, delivery times and availability.
    MOONSTRA reserves the right to make all modifications and corrections or to cancel orders, if any information in the Service or on any other associated website is inaccurate, and this, at any time and without prior notice (including after an order has been placed).
    MOONSTRA is not obligated to update, modify or clarify information in the Service or on any other associated website unless required by law.
    No defined update date in the Service or on any other associated website should be taken into account to conclude that the associated information has been modified.
    MOONSTRA reserves the right, at its sole discretion, to update all or part of these GTC, at any time and without prior notice, by publishing the updates on the Site, the modifications being then applicable to all orders subsequent to this modification.
    It is the Client's responsibility to consult this page regularly to check if any changes have been made. Also, it is advised that it be re-read before each use of the Site and order validation.
    Continued use of the Site or access to it after the publication of any modification constitutes acceptance of these modifications by the Client.
    The Client and MOONSTRA agree that these GTC and their consequences are subject to French law. The language of relations between the Client and MOONSTRA is French.
    In the event that any provision of these GTC is deemed illegal, void or unenforceable, this provision may nevertheless be applied to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these GTC, such severance not affecting the validity and enforceability of all other remaining provisions.
    For any need, the Client can contact MOONSTRA customer service by email at contact@moonstra.com or by mail at MOONSTRA, 336 chemin Barthélémy Florent, Bâtiment D1, 83200 Toulon.

    Article 3 - Exclusion of warranties and limitation of liability

    MOONSTRA does not guarantee or claim in any way that the use of the Site will be uninterrupted, timely, secure or error-free and that the results obtained will be accurate or reliable.
    The Client accepts that from time to time, Services accessible from the Site may be suspended, deleted or cancelled for indefinite periods of time at any time, without prior notice.
    The Client accepts that their use of the Services, or their inability to use them, are at their sole risk.
    The Services and all associated functions and products are (unless expressly stated otherwise by MOONSTRA) provided "as is" and "as available" for the Client's use, and without representation, warranties and conditions of any kind, express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    MOONSTRA can in no event be held responsible for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind whatsoever. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, MOONSTRA's liability will be limited to the maximum extent permitted by law.

    Article 4 - Dispute Resolution


    Any dispute related to the use of the Site and its services will be subject to French law and French jurisdictions.
    In the event of a dispute, the Client acknowledges having been previously informed by MOONSTRA of the possibility of mediation or any other amicable settlement solution.
    For any problem, MOONSTRA invites the Client to contact them by email at contact@moonstra.com to find a quick and effective solution.

    Article 5 - Site Use Conditions

    By accepting these GTC, the Client declares that they have reached or exceeded the age of majority in their country, state, or province of residence and that they give their consent to MOONSTRA to allow any minor dependent on them to use this Site.
    It is strictly forbidden to use the Site, its content and its products:
    • for illegal, unauthorized purposes or to incite third parties to do so;
    • to infringe or violate the intellectual property rights of MOONSTRA or those of third parties;
    • to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate anyone based on gender, sexual orientation, religion, ethnicity, age, national origin, or disability;
    • to collect or track the personal information of others;
    • for obscene or immoral purposes;
    • to submit false or misleading information;
    • to upload or transmit viruses or any other type of malicious code that could be used to compromise the operation of this Site and its services or any associated, independent, or Internet website;
    • to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource);
    • to infringe or circumvent the security measures of this Site, any other website, or the Internet.
    Any infringement or violation of these GTC will result in the immediate termination of the Client's Services.

    Article 6 - Termination

    The obligations and responsibilities incurred by the Client and MOONSTRA before the termination date will remain in force after the termination of this agreement.
    These GTC are effective unless and until terminated by MOONSTRA or by the Client. The latter may terminate them at any time by notifying MOONSTRA that they no longer wish to use its Services.
    If MOONSTRA determines, in its sole discretion, that the Client fails, or if MOONSTRA suspects that the Client has been unable to comply with the terms of these GTC, MOONSTRA may also terminate this agreement at any time without prior notice to the Client, who would remain responsible for all sums due up to the date of termination (this included), and/or MOONSTRA may refuse the Client access to the Service (or any part thereof).

    Article 7 - Intellectual Property


    All elements of the Site (photos, images, drawings, videos, texts, captions, etc.) are the exclusive property of MOONSTRA and cannot be used without authorization.
    Their reproduction and use without authorization is strictly prohibited under Intellectual Property law and may be sanctioned by law.
    MOONSTRA also does not authorize the creation of hyperlinks without its prior consent.
    MOONSTRA is a registered trademark at the INPI.
    The MOONSTRA logo is also registered at the INPI:

    Article 8 - Client Comments and Other Submissions

    If, at MOONSTRA's request or without, the Client submits specific content, creative ideas, suggestions, proposals, comments or other elements, whether online, by email, by mail, or otherwise, the Client grants MOONSTRA the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium the elements sent.
    MOONSTRA is not and shall not be obliged:
    • To maintain the confidentiality of the elements, particularly the comments;
    • To pay compensation to anyone for any element provided;
    • To respond to the elements, particularly the comments.
    MOONSTRA may (but has no obligation to do so) monitor, edit or remove content that MOONSTRA deems, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these GTC.
    The Client may not use a false e-mail address, pretend to be someone they are not, or attempt to mislead MOONSTRA and/or third parties as to the origin of their submitted elements and comments.
    The Client (or a third party) is entirely responsible for any submitted element and comment. MOONSTRA assumes no responsibility and disclaims all liability.

    Article 9 - Products and Availability

    MOONSTRA creates and manufactures its own jewelry in its workshop and also works with different artisans and suppliers from France, Europe, and Asia.
    All products offered for sale on the Site are new, carefully inspected, and available while stocks last and within the limits of supply possibilities.
    The Site presents the products so that the Client can know their main characteristics (dimensions, materials, photos, variations, etc.).
    For more details, the Client can contact customer service by email at: contact@moonstra.com.
    The texts and photos of a product offered for sale are not contractual. They may differ slightly from reality depending on the shooting conditions and the means used by the Client to view the product.
    Furthermore, certain parts of jewelry such as pendants and charms, notably those based on stones, mother-of-pearl, or cultured pearls, are natural and may be handcrafted. They are therefore unique and may have slightly different shapes, textures, colors, and reflections from each other.
    The availability of a product is confirmed by MOONSTRA only from the moment its shipment is confirmed by email sent to the Client.
    In case of unavailability of a product after confirmation of an order, MOONSTRA will contact the Client within 10 days and specify when the product will be available again or if it will definitively no longer be available.
    In the latter case, MOONSTRA will offer a replacement product or a refund, which will be made using the same payment method as for the order.
    The refund will be made at the latest within fourteen days following the receipt of payment for the product.
    The cancellation of the product order and its refund will not affect the rest of the order.

    Article 10 - Orders and Client Obligations

    Before placing any order, the Client declares having read and accepted these GTC.
    To place an order, they agree to follow the instructions given on the Site. The information requested must be complete and accurate.
    This information is their responsibility. In case of error, MOONSTRA cannot be held responsible for the resulting consequences.
    The steps to place an order on the Site are as follows:
    • The Client selects their product. They then have access to its description and possibly a choice of variants (size, color, etc.).
    • The Client specifies the desired variant if applicable. MOONSTRA advises them to carefully check the desired size. If they wish, they can refer to the size guide offered by the Site.
    • The Client specifies the desired quantity of the product. They then have the option of either purchasing the selection directly via the "Buy now" button or adding it to the cart via the "Add to cart" button to continue their purchases and/or put them on hold;
    • When the product is added to the cart, the Client can access it at any time via the "Cart" icon at the top right of the Site's toolbar to proceed with payment, modify the product quantity, or remove it from the cart. If a modification is made, the Client must update their cart by clicking on the "Update" button.
    • The Client can then continue their product selection by visiting the site via the "Continue shopping" button or pay for the products in the cart via the "Proceed to checkout" button.
    • By clicking on the "Proceed to checkout" or "Buy now" buttons, the Customer accesses a page summarizing their purchase (photo, name, quantity and price of the product). Delivery costs are specified later, at another step, depending on the shipping choice, operations or commercial offers.
    • On this page, the Customer can access their Customer account or create one if they wish. Creating a Customer account is not mandatory to order products on the Site.
    • The Customer must then enter their first name, last name, email, phone number, and desired delivery address. They have the option to save or not save their details for a future purchase. They also have the option to request to receive news and offers from the Site via SMS.
    • Once this step is completed, the Customer clicks on the "Continue to shipping" button. They must then choose their shipping method from the following solutions:
    For France, Corsica, Monaco and Andorra:
      • Colissimo delivered to a relay point within 48h for 5.50 euros;
      • Colissimo delivered to home against signature within 48h for 8.40 euros;
      • A commercial offer if proposed.
      • Delivery is free for purchases over 70 euros. It is applied automatically when 70 euros are reached or exceeded.
    For Ireland:
      • Colissimo delivered to a relay point between 4 and 8 working days for 10 euros;
      • Colissimo delivered to home against signature between 4 and 8 working days for 12 euros;
      • A commercial offer if proposed.
      • Delivery is free for purchases over 70 euros. It is applied automatically when 70 euros are reached or exceeded.
    • The Customer can either finalize their purchases by clicking on the "Proceed to Payment" button or return to their information.
    • By clicking on "Proceed to payment", the page presents:
      • A summary of the order with the VAT-inclusive prices of the products and shipping costs, if any;
      • The Customer's contact details and the desired shipping address;
      • The desired shipping method.
    • This page asks for:
      • The credit card number;
      • The name of the credit card holder;
      • The expiration date and security code of the credit card. All transactions are secure and encrypted.
    • This page finally asks to specify the billing address if different from the delivery address. The Customer has the option to review their order before payment or to return to the shipping step.
    • Once the order has been verified, the Customer validates their payment by clicking on the "Continue to payment" button. Once the order has been validated, the Customer has access to their order summary, which they can print, and an invoice is sent to them by e-mail. This invoice is proof of the order and must therefore be kept, particularly for any potential need to return a product. By validating and paying for an order, the Customer confirms their acceptance of the prices, descriptions of the ordered products and these GTC.
    MOONSTRA reserves the right to refuse a Customer's order, particularly if:
    • The order does not comply with these GTCs;
    • The order is excessive;
    • A dispute relating to the processing of a previous Customer order (especially payment) is ongoing;
    • An attempted fraud or fraud on the Customer's order is suspected or ongoing;
    • Any other justified reason.
    The Customer will then be notified of the reason for the rejection of their order by e-mail sent to the address indicated in their order.

    Article 11 - Fraud

    To protect against fraud, MOONSTRA records IP addresses, dates, and times of transactions made from the Site.
    MOONSTRA may also be required to verify the Customer's identity, particularly during a request for consultation, modification, or deletion of personal data.
    This data remains confidential and in MOONSTRA's possession in the absence of fraud or attempted fraud.
    Otherwise, it will be transmitted to the Public Prosecutor for investigation and criminal prosecution.

    Article 12 - Indemnification

    The Customer agrees to indemnify, defend, and hold harmless MOONSTRA from and against any claim or demand, including attorneys' fees, made by any third party due to or arising out of the Customer's breach of these GTC or the documents they reference, or the Customer's violation of any law or the rights of a third party.

    Article 13 - Personal Data

    MOONSTRA collects Customer information for the preparation, delivery, and tracking of their orders, as well as for after-sales services, customer relations, and commercial operations.
    Within the limits of its obligations, MOONSTRA may transmit Customer information to third parties such as the carrier.
    Also, in accordance with the French Data Protection Act N°78-17 of January 6, 1978, the Customer has the right at any time to access, object to, rectify, or delete their personal data held by MOONSTRA, by writing to it by mail or email at the addresses presented in Article 1 and by proving their identity.

    Article 14 - Prices and payment terms

    The price applicable to the ordered product is that displayed on the Site at the time of order validation. It is indicated in euros, excluding delivery costs.
    MOONSTRA may modify them at any time. Only orders placed after these modifications will be affected.
    The delivery costs are as follows:
    For France, Corsica, Monaco and Andorra:
      • Colissimo delivered to a relay point within 48h for 5.50 euros;
      • Colissimo delivered to home against signature within 48h for 8.40 euros;
      • A commercial offer if proposed.
      • Delivery is free for purchases over 70 euros. It is applied automatically when 70 euros are reached or exceeded.
    For Ireland:
      • Colissimo delivered to a relay point between 4 and 8 working days for 10 euros;
      • Colissimo delivered to home against signature between 4 and 8 working days for 12 euros;
      • A commercial offer if proposed.
      • Delivery is free for purchases over 70 euros. It is applied automatically when 70 euros are reached or exceeded.
    MOONSTRA being a self-employed company, VAT is not applied. The mention "VAT not applicable, art.239B of the CGI" is therefore mentioned on each invoice.
    Creating a customer account is not necessary to place, validate, and pay for an order. The information provided during the order will be used for product shipping.
    Prices are reminded at the end of the order before validation, potentially including delivery costs.
    Payment for an order is made in full and in cash by credit card via PayPal or Stripe. It will be debited upon confirmation.
    Upon payment confirmation, the Customer receives the invoice for their order by e-mail.
    They become the owner of the ordered products only when their full payment has been settled with MOONSTRA.

    Article 15 - Shipments - Delivery - Receipt - Use of products

    Orders are processed within 3 to 10 business days (excluding weekends and public holidays), then shipped
    • For France within 48 hours to the address specified by the Customer when ordering and according to the shipping method;
    • For Ireland between 4 and 8 business days to the address specified by the Customer when ordering and according to the shipping method.
    Delivery times are indicative, provided by La Poste, and apply from the date of dispatch.
    If the parcel cannot be delivered in person, a delivery notice will be left in the Customer's mailbox stating the date and address of the Post Office where the Customer can collect their parcel upon presentation of an identity document.
    Orders are only shipped to the following countries:
    • Metropolitan France and Corsica;
    • Monaco;
    • Andorra;
    • Ireland.
    MOONSTRA provides the Customer with a tracking number so that they can track the shipment of their order via the website www.laposte.fr/colissimo.
    MOONSTRA cannot be held responsible for:
    • Any delivery delay beyond its control;
    • Any input errors by the Customer and associated consequences;
    • Delivery failures, damage, and losses due to the carrier, the Customer, or after official delivery against signature of the package;
    • Any problem due to force majeure.
    In these cases, refunds would not be MOONSTRA's responsibility, and re-shipping costs for the order would be the Customer's.
    Once the package is received against signature by the Customer, MOONSTRA's responsibility is no longer engaged; it is immediately transferred to the Customer.
    It is therefore up to the Customer to:
    • Verify the order's composition (type, size, variant, and quantity of products) as well as the delivery and billing postal address before validating the order;
    • Verify the condition and number of products upon receipt of the order. This verification must be carried out by the Customer on the day of receipt.
    • Contact MOONSTRA customer service in case of dispute or delay.

    Article 16 - Return, exchange, withdrawal and refund

    Return is defined as the Customer's action of sending a product back to MOONSTRA.
    Reshipment is defined as MOONSTRA's action of sending a product back to the Customer as part of a return procedure.
    In accordance with Articles L221-18 to L221-28 of the Consumer Code, the Customer has a period of 14 working days from the date of delivery of their order to return any product that does not suit them to the address mentioned in Article 1 of these GTC.
    After this period, the delivered products will be considered compliant and accepted by the Customer, and MOONSTRA reserves the right to refuse the return, exchange or refund.
    Products customized at the Customer's request (sizing outside of those on the Site, engravings, custom creations, etc.) are excluded from the right of withdrawal; no exchange or refund will be possible.
    Returns, exchanges and refunds (except in cases of defective products) are also not possible for earrings and piercings for hygiene reasons.
    If the returned item was a gift offered by MOONSTRA during a purchase, once MOONSTRA has received it back, the Customer will receive a new gift of equal value.
    Finally, during sales periods, discounted products on the Site will not be taken back or exchanged.
    In accordance with European directive 2023/2673, to assert their right of withdrawal and the associated period, the Customer can use the "Withdrawal button" located in the "Quick Links" in the footer of the Site.
    This button opens a page allowing the Customer to submit a withdrawal request by providing:
    • Their name (mandatory)
    • Their email (mandatory)
    • The order number (mandatory)
    • A description of the items (optional)

    The customer is invited to confirm their withdrawal by clicking on a button.

    A confirmation email is then sent to them.

    The link to the withdrawal request is accessible here .
    To facilitate exchanges relating to the right of withdrawal, MOONSTRA may ask the Customer to send photos of the products concerned and additional details by email.
    Return costs will be borne by the customer, as will the associated risks.
    The return must be sent with a parcel tracking number.
    MOONSTRA recommends delivery with signature and taking out insurance.
    The returned product must be in perfect condition, in its original packaging, and accompanied by the invoice for its order. Products returned poorly or not protected, or not reconditioned, will be refused.
    As part of an effort to improve its services, MOONSTRA invites the Customer to specify the reason for the product's return.
    The exchange or refund of a damaged, dirty, incomplete, or poorly reconditioned product will not be possible.
    After a qualitative and quantitative check of the returned product, MOONSTRA will determine whether an exchange or refund can be agreed upon with the Customer.
    If a delivery error has been made by MOONSTRA, MOONSTRA will cover the return costs by sending a Return Voucher that the Customer will stick on the package before dropping it off at the post office.
    The re-shipping costs for a replacement product will only be borne by MOONSTRA if it is confirmed that the product was defective before the initial shipment to the Customer. Otherwise, as well as in the case of a size or variant exchange, the re-shipping costs for the replacement product will be borne by the Customer.
    MOONSTRA will then communicate MOONSTRA's bank details to the Customer by e-mail for the payment of the re-shipping costs of the new product.
    The Customer will agree by e-mail with MOONSTRA on the re-shipping option for the product, namely:
           For France, Corsica, Monaco and Andorra:
    • Colissimo delivered to a relay point within 48h for 5.50 euros;
    • Colissimo delivered to home against signature within 48h for 8.40 euros;
           For Ireland:
    • Colissimo delivered to a relay point between 4 and 8 working days for 10 euros;
    • Colissimo delivered to home against signature between 4 and 8 working days for 12 euros;
    Offers and discounts on delivery costs, especially free delivery, will no longer be applicable for product re-shipments when these are not the responsibility of MOONSTRA.
    Products purchased using a gift card or discount code will only be refunded in the same form.
    The refund of the sums paid for the product concerned will be made no later than 14 days following MOONSTRA's confirmation of the possibility of a refund.
    In case of using a discount code during the order, the refunded amount will take into account this reduction.
    The refund will be made using the same payment method as that initially used by the Customer, unless another method is agreed upon with MOONSTRA.
    For any problem related to a refund, MOONSTRA invites the Customer to contact MOONSTRA customer service at contact@moonstra.com.

    Article 17 - Force Majeure

    Force majeure is defined by Article 1218 of the Civil Code.
    For a situation to qualify as force majeure, it must meet the following three conditions:
    • Exteriority: This refers to an event beyond the control or will of MOONSTRA and/or the Customer.
    • Unpredictability: This refers to an event that MOONSTRA and/or the Customer could not have foreseen at the time the contract was concluded.
    • Irresistibility: This refers to an event whose effects cannot be avoided by measures taken by MOONSTRA and/or the Customer.
    For example, a case of force majeure may be due to:
    • social and/or political crises and/or events (strikes, riots, war, etc.);
    • health crises (COVID-19, etc.);
    • natural and/or industrial disasters (fires, floods, storms, etc.);
    • major breakdowns and/or disruptions in communication networks (internet, telephony, etc.);
    • major breakdowns and/or disruptions in the supply and/or distribution of energy (fuel, electricity, etc.);
    • major blockages and/or disruptions of transport routes;
    • changes in laws and/or regulations;
    • any other event defined by law as a case of force majeure.
    In the event of a case of force majeure that would hinder MOONSTRA's obligations, the sales contract would then be suspended from the notification of MOONSTRA and/or the Customer communicated by e-mail or by registered mail with acknowledgment of receipt via the addresses specified in Article 1.
    Fourteen days after the date of notification of the suspension of the contract, the cancellation of the latter would then be pronounced and the sums received by MOONSTRA before this date and relating to the order concerned would be reimbursed to the Customer.
    The end of the event must be notified by the party concerned (MOONSTRA or Customer) to the other Party, thus allowing the resumption of obligations from the date of this notification unless the contract has been cancelled and the sums committed reimbursed.

    Article 18 - Legal guarantee of conformity

    The products purchased are covered by a two-year legal guarantee of conformity from their receipt by the Customer.
    It applies independently of any commercial guarantee that may be associated with the sale.
    Two scenarios are possible:
    • The legal guarantee of conformity is applicable. It then concerns the following cases:
      • The product is unfit for the intended use;
      • The product does not correspond to the description given at the time of sale;
      • The product does not have the qualities announced by MOONSTRA or agreed with the Customer;
      • The product has a manufacturing defect.
    In these cases, products may be repaired or replaced, subject to the cost conditions provided for in Article L.211-9 of the Consumer Code. The guarantee is limited to the value of the product and is only valid if the product is used under normal conditions of use.
    • The legal guarantee of conformity does not apply. This situation concerns the following cases:
      • The Customer was aware of the defect at the time of purchase;
      • The defect results from material supplied by the Customer;
      • The defect results from a modification of the product made by the Customer;
      • The defect is caused by improper use or maintenance of the product by the Customer;
      • The defect is due to normal wear and tear and aging of the product;
      • Loss or breakage of the product by the Customer.
    Before returning a product for the application of this guarantee, the Customer must contact MOONSTRA's customer service by email or postal mail at the addresses indicated in Article 1 of these General Terms and Conditions of Sale, which will specify whether the guarantee is applicable or not.