Terms & Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise the right of withdrawal;

Consumer: the natural person who is not acting in the course of a business or profession and enters into a distance contract with the entrepreneur;

Day: calendar day;

Ongoing transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;

Durable medium: any tool 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;

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded as part of an organised system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

Means of distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place;

General Terms and Conditions: these Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Business name: KIGstart/MOON Brandgroup
Chamber of Commerce number: 80573088
Trading name: KIGstart / SOXC
VAT number: NL003458901B77
Customer service email: service@getsoxc.com
Business address: Kernkade 2, 3542 CH, Utrecht, Netherlands

Article 3 – Applicability

These Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer, including international sales and sales to consumers residing in Australia.

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, it will be indicated where the Terms and Conditions can be consulted and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the Terms and Conditions may be provided electronically in a manner that allows the consumer to store them on a durable medium.

If additional product- or service-specific terms apply, the consumer may rely on the provision that is most favourable to them in the event of conflicting terms.

If any provision of these Terms and Conditions is wholly or partially invalid or void, the remaining provisions shall remain in full force.

Situations not regulated by these Terms and Conditions shall be assessed in accordance with the spirit of these Terms and Conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated.

All offers are non-binding. The entrepreneur reserves the right to modify or withdraw offers.

The offer includes a complete and accurate description of the products and/or services. Images are a truthful representation; however, colours may differ due to screen settings.

All images, specifications and data are indicative and do not give rise to compensation or termination of the contract.

Each offer clearly states:

  • the price, excluding import duties, GST, customs clearance fees or other local taxes;

  • shipping costs, if applicable;

  • how the agreement is concluded;

  • whether the right of withdrawal applies;

  • payment, delivery and execution methods;

  • the period for acceptance of the offer;

  • whether the contract is archived and accessible;

  • available languages;

  • applicable codes of conduct;

  • minimum contract duration for ongoing transactions.

Article 5 – The Agreement

The agreement is concluded at the moment the consumer accepts the offer and fulfils the stated conditions.

Electronic acceptance is confirmed electronically. Until confirmation, the consumer may cancel the agreement.

The entrepreneur applies appropriate technical and organisational security measures for electronic transactions.

The entrepreneur may assess the consumer’s ability to fulfil payment obligations and may refuse or condition orders within legal limits.

The entrepreneur will provide the consumer with:

  • contact details for complaints;

  • conditions for exercising the right of withdrawal or notice of exclusion;

  • warranty and after-sales information;

  • contract termination requirements where applicable.

All agreements are subject to product availability.

Article 6 – Right of Withdrawal

The consumer may withdraw from the agreement within 14 days after receipt of the product, unless otherwise required by mandatory local consumer law.

For Australian consumers, this right does not limit or replace rights under the Australian Consumer Law (ACL).

During the cooling-off period, the consumer must handle the product with care and return it in original condition where reasonably possible.

Withdrawal must be notified in writing (email). Returned goods must be sent within 14 days after notification. Proof of return may be required.

Failure to comply with these requirements finalises the purchase.

Article 7 – Costs in Case of Withdrawal

Return shipping costs are borne by the consumer.

Refunds will be issued within 14 days after receipt of the returned product or proof of return.

Article 8 – Exclusion of the Right of Withdrawal

The right of withdrawal may be excluded where legally permitted, including for:

  • custom-made products;

  • personalised products;

  • perishable goods;

  • sealed hygiene products once opened;

  • audio/video recordings or software with broken seals.

This exclusion applies only where permitted under applicable consumer law, including the ACL.

Article 9 – Prices

Prices will not be increased during the stated offer period, except due to VAT/GST or legal changes.

Prices may vary where linked to financial market fluctuations.

For deliveries outside the EU, including Australia, import duties, GST and customs fees are payable by the consumer.

Obvious pricing errors do not bind the entrepreneur.

Article 10 – Conformity and Warranty

Products comply with the agreement, specifications and reasonable expectations.

Australian Consumer Law Notice:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Manufacturer or seller warranties do not affect statutory rights.

Defects must be reported within 14 days of delivery where reasonably possible.

Warranty does not apply if damage results from misuse, unauthorised repair or abnormal conditions.

Article 11 – Delivery and Execution

Orders are executed with due care and within 30 days unless otherwise agreed.

In case of delay or non-delivery, the consumer may cancel and receive a refund.

Risk transfers upon delivery to the consumer unless otherwise agreed.

Article 12 – Ongoing Transactions

Consumers may cancel ongoing contracts at any time with a notice period of no more than one month.

Fixed-term contracts may not be automatically renewed unless legally permitted.

Article 13 – Payment

Payments must be completed within 7 working days unless otherwise agreed.

Consumers must report incorrect payment details immediately.

Reasonable collection costs may be charged in case of default.

Article 14 – Complaints

Complaints must be submitted in writing within 7 days of discovery.

Complaints are responded to within 14 days.

Unresolved complaints may lead to dispute resolution.

Article 15 – Governing Law

These agreements are governed by Dutch law, except where mandatory consumer protection laws of the consumer’s country of residence apply, including the Australian Consumer Law.

Article 16 – CESOP

Due to EU legislation effective from 2024, payment service providers may record transaction data in the European CESOP system.