Version 1.0
Date: 14 July 2026
NightSkyOptics BV (hereafter: “NightSkyOptics”)
Mariakerksesteenweg 114/C, 9031 Ghent, Belgium
Company number 1035.688.497
VAT-number: BE 1035.688.497
2.1 By accessing and using this webshop and its content (hereafter: “Webshop”), and/or by placing a purchase order (hereafter: “Order”) of one or more products (hereafter: “Products”) on this Webshop, you (the “Customer”) agree to be bound by these terms and conditions (hereafter: “Terms and Conditions”).
2.2 The Customer waives the application of its own general terms and conditions, regardless of whether these were communicated to NightSkyOptics.
3.1 The Products as shown on the Webshop do not constitute an offer but merely an invitation to bid. To place an Order, the Customer must place the Products in its virtual basket, provide contact information (such as e-mail address, name, billing address, delivery address), and confirm the Order through one of the provided payment methods. Subsequently, the Customer will receive a confirmation of the Order and the payment, both by referral to a confirmation page on the Website and by e-mail from NightSkyOptics. At the time of such confirmation (either on the Webshop or by e-mail, whichever comes first), the Order is accepted by NightSkyOptics and an agreement is constituted between the parties (hereafter: “Agreement”). The Agreement consists of the Terms and Conditions and the specific details of the Order.
3.2 Any automatic acknowledgment of receipt generated immediately after checkout does not constitute a confirmation of the Order, unless it is expressly worded as such.
3.3 NightSkyOptics reserves the right to refuse an Order or to cancel an accepted Order without compensation (except reimbursement), in whole or in part, in the event of: (a) an evident pricing error; (b) a stock depletion or if the product is no longer manufactured, even if the Webshop stated otherwise; (c) a suspicious order pattern; (d) a non-deliverable address; (e) a suspicion of fraud or misuse; or (f) any legal restriction that prevents us to process the Order.
4.1 Prices displayed on the Webshop are stated in euro, inclusive of VAT and any non-avoidable charges. Any additional costs, such as delivery, service or transaction costs, are communicated separately and clearly to the Customer before the Order is finalised.
4.2 The Customer shall pay the full price of the Order at the time the Order is placed, by means of one of the online payment methods offered on the Webshop. For certain Products marked as available on backorder or preorder, NightSkyOptics shall require advance payment in full by bank transfer, and receipt of such payment by NightSkyOptics shall be a condition for the Agreement to come into effect.
4.3 If the Order is placed for the account of two or more natural persons, those persons are jointly and severally liable for the full performance of the obligations arising from the Order. Upon termination of the contractual relationship, NightSkyOptics may set off all outstanding mutual claims against the Customer. An extract from NightSkyOptics’ accounts is sufficient to establish and prove the amount owed by the Customer.
5.1 Products are shipped by courier to the delivery address provided by the Customer. Deliveries are only possible within the European Union. Customer guarantees that the provided address is accurate and complete. Any shortcomings in that respect may result in a longer delivery term or additional costs, for which the Customer shall be liable.
5.2 NightSkyOptics uses reasonable efforts to deliver Products within a reasonable term after order confirmation. This delivery term constitutes a best-efforts obligation and not a result obligation. The delivery term is not considered to be an essential obligation of the Agreement.
5.3 Without prejudice to the foregoing, delivery shall in any event take place within thirty (30) days after order confirmation, unless a different delivery term has been expressly agreed. For certain Products that are available on backorder or preorder, or that require specialized transport, the Customer shall agree that a longer delivery term may apply.
5.4 In case of late delivery by NightSkyOptics, NightSkyOptics will inform the Customer that the Products will be delivered within an additional specified term. Customer shall accept this additional term. If no delivery at all occurred within this additional delivery term, the Customer shall be entitled to terminate the Agreement and enjoy a full refund.
5.5 Delivery, shipping, service and transaction costs are communicated separately and clearly to the Customer before the Order is placed.
5.6 The risk of loss of or damage to the Products passes to the Customer upon actual delivery of the Products, unless otherwise agreed in writing.
5.7 It is recommended that the Customer immediately inspects the Products upon delivery for any lack of conformity, such as defects, missing parts, wrong parts, etc., and that the Customer immediately informs NightSkyOptics thereof, so that any shortcomings can be handled without undue delay.
6.1 The Customer, as a consumer, has a statutory right of withdrawal allowing the Customer to withdraw from the Agreement within fourteen (14) days from the day of delivery of the Products, without giving any reason.
6.2 The Customer may exercise the right of withdrawal by submitting the online withdrawal form at https://nightskyoptics.eu/return-exchanges, or by sending a notice to NightSkyOptics by e-mail to info@nightskyoptics.eu or by registered letter, stating (1) the request to withdraw from the Agreement and (2) the order number or reference of the Order. The Customer may also use the statutory model withdrawal form attached to these Terms and Conditions as Annex 1.
6.3 Following withdrawal, the Customer must return the Products to NightSkyOptics within fourteen (14) days after notifying NightSkyOptics of the withdrawal. The direct cost of returning the Products is borne by the Customer.
6.4 NightSkyOptics shall reimburse all payments received from the Customer in relation to the Order, including the standard delivery costs, within fourteen (14) days after receipt of the returned Products or, if earlier, after the Customer has demonstrated that the Products have been returned. Reimbursement is made using the same payment method as used by the Customer for the original transaction, unless otherwise agreed.
6.5 During the withdrawal period, the Customer may unpack, inspect and test the Product to determine the specifications, the nature and the functioning of it. If any use of the Customer that goes beyond such use results in any devaluation of the Products, the Customer shall be liable for such devaluation and the lost value will be deducted from the reimbursed amounts.
6.6 The Customer does not enjoy the aforementioned right to withdrawal in case an exception as mentioned in the law applies, for example:
If a Product does not fall under the statutory right to withdrawal, this will be indicated in the product description and at checkout
7.1 The Customer guarantees to read and to carefully comply with (1) the safety guidelines and manuals packed with the delivered Products or made accessible online through any hyperlink made available within the Product packaging and (2) the Safety, Risk and Control Measures available on this Webshop.
8.1 The Customer benefits from the statutory conformity guarantee under Article 1649bis and further of the Belgian Civil Code, which applies for two (2) years from delivery of the Products.
8.2 Any defect that the Customer identifies as a lack of conformity, must be reported to NightSkyOptics by registered letter or e-mail within two (2) months of becoming aware of the defect, together with a detailed description and supporting evidence. If this term is not respected, the claim will be considered unfounded. If no sufficient description or supporting evidence is provided with the complaint, the Customer will be asked to complete its complaint within a reasonable term.
8.3 For Products with digital elements, the Customer will be informed of and supplied with the updates, including security updates, that are necessary to keep those Products in conformity, for the period required by law. Such updates and all information thereof, are made available by the manufacturer, for example through the app or software of the Product or through the website of the manufacturer. The Customer guarantees to register the Product with the manufacturer where applicable, to install all applications and software required to use the Products, and to switch on automatic updates where available.
The Customer shall install the updates referred to in the previous paragraph within a reasonable term after they have been made available and in accordance with any installation instructions made available to the Customer. If the Customer fails to do so, NightSkyOptics shall not be liable for any lack of conformity, nor for any resulting damage, that results solely from the absence of the relevant update or the incorrect installation thereof, provided that (a) the Customer was informed of the availability of the update and of the consequences of failing to install it, and (b) the failure or incorrect installation is not due to shortcomings in the installation instructions.
8.4 The functioning of certain Products may rely on third-party (and often open source) software that is not necessarily delivered together with the Product or otherwise recommended by the manufacturer. It is often to the discretion of the Customer to choose its preferred software to use with the Products. NightSkyOptics cannot guarantee that the Products are compatible with every type of astronomy software, operating system, driver or similar applications. Any such non-compatibility of the Product with software that is either not delivered along with the Product, or that is not explicitly recommended by the manufacturer, is not considered to be a lack of conformity.
8.5 A defect that the Customer identifies as a lack of conformity that has been duly and timely communicated in accordance with the previous paragraph, shall be presumed to have been present at the time of delivery of the Products, unless such presumption is incompatible with the nature of the Products or the nature of the defect.
8.6 If a complaint is well-founded, NightSkyOptics will, at the choice of the Customer, repair or replace the non-conforming Products free of charge and within a reasonable time or, If the repair or replacement is not possible or if any other circumstance mentioned in the law applies, Customer shall be entitled to the reimbursement of the amounts paid for the non-conforming Products, or the dissolution of the Agreement.
8.7 Any claim of the Customer based on his statutory warranty rights, prescribes one (1) year after becoming aware of the lack of conformity. However, this prescription term cannot expire before the expiry of the statutory warranty term itself.
8.8 NightSkyOptics may delegate the practical performance of its warranty obligations to the manufacturer. In that respect, NightSkyOptics may exchange contact details of the Customer with the manufacturer, or vice versa, and request to the Customer communicate directly with the manufacturer with respect to the handling of the warranty claim. For the avoidance of doubt, this shall not limit the statutory warranty rights of the Customer against NightSkyOptics.
8.9 If any additional commercial warranties apply from the manufacturer, the Customer may find all necessary information either within the Product packaging, or on the website of the manufacturer.
9.1 Promotional codes may be issued by NightSkyOptics as part of marketing campaigns and are valid for a specified period, which will be communicated together with the code.
9.2 A promotional code may be redeemed only once per Customer, in connection with one Order only, and may not be combined with any other promotional code or discount campaign.
9.3 A promotional code cannot be exchanged for cash and can only be applied during the ordering process, not afterwards.
9.4 NightSkyOptics reserves the right to declare a promotional code invalid in the event of suspected misuse, such as the mass creation of accounts or the resale of promotional codes.
10.1 The Webshop and all contents mentioned therein (such as visual images, logos, trademarks, trade names, visual design elements, videos, source code, databases, texts, etc.) are protected by intellectual property rights. Those rights belong exclusively to NightSkyOptics or its licensors. Customer guarantees that it shall not, except to the extent permitted by mandatory law, reproduce, copy, modify, distribute, communicate, decompile, or otherwise use or exploit the Webshop or the contents mentioned therein in any way that could result in an infringement of such intellectual property rights.
11.1 Where the Customer creates an account on the Webshop, the Customer shall not, to the extent permitted by mandatory law, directly or indirectly perform or attempt to perform any of the following acts:
11.2 Any breach by the Customer of the foregoing provisions is considered a serious breach of contract. NightSkyOptics is entitled, in such cases, to suspend or permanently terminate the Customer access to the Webshop without prior notice for as long as the breach continues, without prejudice to any other remedies available to NightSkyOptics.
12.1 The Webshop may contain links to websites of manufacturers or other third parties. NightSkyOptics does not control those websites and is not responsible for their content or their handling of the data of the Customer. A link to a website does not mean that NightSkyOptics endorses the website.
13.1 NightSkyOptics shall not be liable whatsoever for any damages resulting from the use of the Products in breach of the materials mentioned under Article 7.
13.2 The statutory provisions on extra-contractual liability between the parties are excluded to the fullest extent permitted by law. The parties acknowledge that they may engage assistants in the performance of the Agreement, such as directors, employees, self-employed collaborators or subcontractors; the statutory provisions on extra-contractual liability between a party and the assistants of the other party are likewise excluded to the fullest extent permitted by law.
13.3 To fullest extent permitted by law , NightSkyOptics is not liable for, and shall not be required to compensate, any immaterial, indirect or consequential loss, including but not limited to: loss of profit, turnover or income; loss of anticipated savings or missed opportunities; reputational damage or loss of clientele; loss, damage or corruption of data or software; administrative, personnel or other costs; and claims by third parties against the Customer.
13.4 To fullest extent permitted by law and without prejudice to the foregoing, the total liability of NightSkyOptics shall be limited to the price of the Order as paid by the Customer. However, in no event shall the liability of NightSkyOptics exceed the amount for which NightSkyOptics’ liability insurer is willing to intervene.
13.5 In case of a third-party claim, action or proceeding against a party, caused by the other party’s breach of the Agreement or of applicable law, the infringing party shall indemnify and hold harmless the other party against all liabilities, damages and costs resulting from that claim.
14.1 If NightSkyOptics is prevented from performing or further performing the Agreement due to force majeure of a permanent or temporary nature, NightSkyOptics shall in no event be liable therefor. Force majeure includes, without limitation: war, natural disaster, fire, bankruptcy or dissolution of a supplier, failure of internet, electricity or telecommunications infrastructure not attributable to a shortcoming of NightSkyOptics, defects in third-party software, flooding, unforeseen strikes or civil unrest, terrorist attacks, hacking and cyberattacks, government intervention, and pandemics or epidemics.
14.2 In addition, in the event of permanent force majeure, including where a situation of force majeure continues uninterrupted for three (3) months, NightSkyOptics is entitled to terminate the Agreement, in whole or in part, by written notice, without any obligation to pay damages and without judicial intervention.
14.3 The parties agree that Article 5.74 of the Belgian Civil Code (change of circumstances) applies at all times.
15.1 The nullity, invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of the remaining provisions, which shall retain their maximum permissible effect. The null, invalid or unenforceable provision is automatically replaced by a valid and enforceable provision that corresponds as closely as possible, economically and legally, to the original provision.
15.2 Amendments to the Agreement may only be made in writing and with the express agreement of both parties.
15.3 The failure by NightSkyOptics to exercise a contractual right shall not be regarded as a waiver of that right.
16.1 The Agreement is governed exclusively by Belgian law.
16.2 In case of a dispute, the competent Belgian courts shall be exclusively competent.
16.3 However, if the Customer lives in Belgium he may alternatively refer the dispute to the Consumer Mediation Service (Consumentenombudsdienst) North Gate II, Koning Albert II laan 8, 1000 Brussels, mediationconsommateur.be. Customers in other EU countries can contact their national European Consumer Centre through eccnet.eu.
(complete and return this form only if you wish to withdraw from the contract)
To: NightSkyOptics BV, Mariakerksesteenweg 114/C, 9031 Ghent, Belgium, info@nightskyoptics.eu
I/We (*) hereby give notice that I/we withdraw from my/our contract for the sale of the following goods: ……………………………………………
Ordered on (*)/received on (*): ……………………………………………
Name of consumer(s): ……………………………………………
Address of consumer(s): ……………………………………………
Date: ……………………………………………
Signature of consumer(s) (only if this form is submitted on paper): ……………………………………………
(*) Delete where not applicable
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