General Terms and Conditions
General Terms and Conditions
Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings:
Reflection period : the period within which the consumer can make use of his right of withdrawal;
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;
Day : calendar day;
Duration transaction : a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
Durable medium : any instrument which enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
Right of withdrawal : the option for the consumer to cancel the distance contract within the cooling-off period
Entrepreneur : the natural or legal person who offers products and/or services remotely to consumers;
Distance contract : an agreement concluded between the consumer within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby up to and including the moment the agreement is concluded exclusive use is made of one or more techniques for distance communication;
Distance communication technology : means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time.
General Terms and Conditions : the present General Terms and Conditions of the entrepreneur. Article 2 – Identity of the
entrepreneur
Email address: info@monsori.nl
Chamber of Commerce number: 93080468
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the company and will be sent free of charge to the consumer as soon as possible upon request.
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 may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the provision in question will be replaced immediately by mutual agreement with a provision that approximates the intent of the original as closely as possible.
Situations not covered by these terms and conditions must be assessed 'in the spirit' of these terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
All images, specifications, and data in this offer are indicative and cannot give rise to compensation or termination of the agreement.
Product images are a true representation of the products offered. The company cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular: the price, excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special arrangement for postal and courier services with regard to imports. This arrangement applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods; any shipping costs; the manner in which the agreement will be concluded and the actions required for this; the applicability or otherwise of the right of withdrawal; the method of payment, delivery, and performance of the agreement; the period for accepting the offer, or the period within which the entrepreneur guarantees the price; the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used; whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer; the way in which the consumer can check the data provided by them in connection with the agreement and, if necessary, rectify it before concluding the agreement; any other languages in which, besides 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; and the minimum duration of the distance contract in the case of a long-term transaction. Optional: available sizes, colours, type of materials.
Article 5 – The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the conditions set forth therein. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the
If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can – within legal frameworks – determine whether the consumer has met his payment obligations.
can meet, as well as all those facts and factors that are important for responsibly entering into the agreement
remotely. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement,
he is entitled to refuse an order or request with reasons or to impose special conditions on the execution.
to connect.
The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that
which can be stored by the consumer in an accessible manner on a durable data carrier, please include:
1. 2. 3. 4. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, then
a clear statement regarding the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the
consumer has provided prior to the performance of the agreement;
5. the requirements for terminating the agreement if the agreement has a duration of more than
one year or of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the
concerning products.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to cancel the agreement without giving any reason.
cancel within 14 days. This cooling-off period commences on the day after the consumer receives the product or
a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. He will only use the product in
unpack or use the consumer to the extent necessary to assess whether he wishes to keep the product.
If he exercises his right of withdrawal, he will return the product with all accessories supplied and – if
reasonably possible – return it to the entrepreneur in the original condition and packaging, in accordance with the instructions given by the
the entrepreneur provided reasonable and clear instructions.
If the consumer wishes to exercise his right of withdrawal, he is obliged to do so within 14 days after receipt
of the product, to be made known to the entrepreneur. The consumer must make this known by means of a
written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal
the customer must return the product within 14 days. The consumer must prove that the delivered goods were received on time.
have been returned, for example by means of proof of shipment.
If the customer has not indicated that he wishes to make use of the terms mentioned in paragraphs 2 and 3 after the expiry of the periods mentioned in paragraphs 2 and 3,
If the consumer has not exercised his right of withdrawal or returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in case of withdrawal If the consumer exercises his right of withdrawal, the costs for returning the products are for
the consumer's bill.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after receipt of the payment.
days after cancellation, refund. This is subject to the condition that the product has already been received back by the
online retailer or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3.
exclusion of the right of withdrawal only applies if the
the entrepreneur has clearly stated this in the offer, at least in good time before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:
1. 2. 3. 4. 5. 6. 7. 8. which have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
which by their nature cannot be returned;
that can spoil or become outdated quickly;
the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence
has;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.
for hygiene products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
1. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during
a certain period;
2. the supply of which has begun with the express consent of the consumer before the cooling-off period has expired
expired;
3. regarding betting and lotteries.
Article 9 – The price
During the validity period stated in the offer, the prices of the products and/or services offered will not be changed.
increased, except for price changes due to changes in VAT rates.
By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to
fluctuations in the financial market over which the entrepreneur has no influence, offering variable prices.
This link to fluctuations and the fact that any prices stated are indicative prices are stated in the offer.
mentioned.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result
are subject to statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur
has agreed to this and:
1. 2. these 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. Delivery takes place in the country where the transport takes place, in accordance with Article 5, paragraph 1, of the Turnover Tax Act 1968.
commences. In the present case, this delivery takes place outside the EU. Consequently, the postal or
courier service, import VAT or customs clearance costs will be collected from the customer. Therefore, the entrepreneur will not have to pay any VAT
will be charged.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors.
Liability accepted. In case of printing or typographical errors, the entrepreneur is not obliged to sell the product at the incorrect price.
to deliver.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement and the conditions stated in the offer.
specifications, the reasonable requirements of soundness and/or usability and the date of the creation of
the agreement contains legal provisions and/or government regulations. If agreed, the
The entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims
which the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery.
be reported. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never
responsible for the final suitability of the products for each individual application by the consumer,
nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties.
to process;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or
are in conflict with the instructions of the entrepreneur and/or have been treated on the packaging;
The defect is wholly or partly the result of regulations that the government has imposed or will impose
with regard to the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will take the greatest possible care when receiving and carrying out the order.
orders for products.
Taking into account what is stated in article 4 of these general terms and conditions, the company will
accept orders will be executed expeditiously, but no later than within 30 days, unless the consumer agrees
gone with a longer delivery time.
If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled,
the consumer will receive notification of this no later than 30 days after placing the order. The consumer has that
case the right to terminate the agreement without costs and the right to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible.
possible, but no later than 14 days after cancellation, refund.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement.
to make the article available. At the latest upon delivery it will be stated in a clear and comprehensible manner that an
replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs
The costs of any return shipment are borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the
consumer or a previously designated representative made known to the entrepreneur, unless expressly
otherwise agreed.
Article 12 – Duration transactions: duration, termination and extension
Cancellation
The consumer can enter into an agreement for an indefinite period of time and which extends to
the regular delivery of products (including electricity) or services, can be cancelled at any time, taking into account
of agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been concluded for a specific period and which extends to the regular delivery of
products (including electricity) or services, at any time towards the end of the specified period, with
taking into account agreed cancellation rules and a notice period of no more than one month.
The consumer may, in the agreements referred to in the previous paragraphs:
cancel at any time and not be limited to cancellation at a specific time or during a specific period;
at least cancel in the same manner as they were entered into by him; always cancel with the same notice period as the
entrepreneur has stipulated for himself. Extension
An agreement entered into for a fixed period of time which provides for the regular delivery of products (electricity
including) or services, may not be automatically extended or renewed for a fixed period.
By way of exception to the previous paragraph, an agreement entered into for a fixed period and aimed at regular
delivery of daily newspapers, weekly newspapers and magazines will be tacitly extended for a specific period of
maximum three months, if the consumer can cancel this extended agreement at the end of the extension
with a notice period of no more than one month.
An agreement entered into for a fixed period of time and aimed at the regular delivery of products or services,
may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a
notice period of no more than one month and a notice period of no more than three months in the event the agreement
extends to the regular, but less than monthly, delivery of daily newspapers, news papers, weekly newspapers and magazines.
A limited-term agreement for the regular delivery of introductory materials
daily, news and weekly newspapers and magazines (trial or introductory subscription) are not tacitly continued and
ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year.
terminate with a notice period of no more than one month, unless reasonableness and fairness oppose termination before
postpone the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid
within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the event of an agreement to
providing a service, this period commences after the consumer has received confirmation of the agreement.
The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.
Article 14 – Complaints procedure
Complaints about the performance of the agreement must be fully and clearly described within 7 days.
submitted to the entrepreneur after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be processed within a period of 14 days from the date of receipt.
answered. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period
within 14 days with a confirmation of receipt and an indication of when the consumer will receive a more detailed response
can expect an answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the
dispute resolution.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either
replace or repair products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are subject to
Exclusively Dutch law applies. Even if the consumer resides abroad.