Terms of service
Table of Contents
Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Duration Transactions: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions
Article 1 – Definitions
In these terms, the following definitions apply:
Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
Consumer: a natural person who is not acting in the course of a profession or business and 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 delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form provided by the entrepreneur;
Entrepreneur: the natural or legal person offering products and/or services remotely to consumers;
Distance contract: an agreement concluded within a system organized by the entrepreneur for distance selling using one or more means of distance communication;
Means of distance communication: any method used to conclude an agreement without the consumer and entrepreneur being physically present together;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
EV MONKEY
Speeldonk 32
5682 JJ Best
The Netherlands
Phone: +31 648443280
Email: info@evmonkey.eu
Chamber of Commerce: 76108430
VAT number: NL003044155B37
Article 3 – Applicability
These terms apply to every offer and every distance agreement between the entrepreneur and the consumer.
Before concluding the agreement, these terms are made available to the consumer.
If this is not reasonably possible, it will be indicated where they can be consulted and that they will be sent free of charge upon request.
In case of conflicting conditions, the consumer may always rely on the provision most favorable to them.
If any provision is invalid, the remaining provisions remain in force.
Article 4 – The Offer
If an offer has a limited validity or conditions, this will be clearly stated.
The offer is non-binding and may be adjusted.
Product descriptions are complete and accurate. Images represent products as accurately as possible but may differ slightly.
Errors or obvious mistakes are not binding.
All images and specifications are indicative and cannot lead to compensation claims.
Article 5 – The Agreement
The agreement is concluded upon acceptance of the offer by the consumer.
The entrepreneur confirms the order electronically.
The entrepreneur may refuse orders or impose conditions.
The agreement is subject to product availability.
Article 6 – Right of Withdrawal
For products:
The consumer may withdraw from the agreement within 14 days without giving reasons.
The period starts the day after receiving the product.
The consumer must handle the product carefully and return it in original condition if possible.
Withdrawal must be reported within 14 days, and the product must be returned within another 14 days.
For services:
The consumer may withdraw within at least 14 days after concluding the agreement.
Article 7 – Costs in Case of Withdrawal
Return shipping costs are borne by the consumer.
Refunds are made within 14 days, provided the product has been returned.
The consumer is liable for any loss in value due to improper handling.
Article 8 – Exclusion of the Right of Withdrawal
Exclusion is possible for:
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custom-made products
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personalized items
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perishable goods
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opened hygiene products
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software/media after seal removal
Article 9 – The Price
Prices remain unchanged during the offer period unless VAT changes.
All prices include VAT.
Typographical errors are reserved.
Article 10 – Conformity and Warranty
Products must comply with the agreement and legal requirements.
Statutory warranty applies.
Defects must be reported within 2 months.
Warranty does not apply in case of misuse or unauthorized modifications.
Article 11 – Delivery and Execution
Delivery is made to the address provided by the consumer.
Orders are executed within a maximum of 30 days unless otherwise agreed.
In case of delay, the consumer may cancel free of charge.
Risk transfers upon delivery.
Article 12 – Duration Transactions
Consumers may terminate contracts with a maximum notice period of one month.
No automatic renewal without consent.
After one year, termination is always possible.
Article 13 – Payment
Payments must be made within 7 working days unless otherwise agreed.
Incorrect payment details must be reported immediately.
Article 14 – Complaints Procedure
Complaints must be submitted within 2 months.
They will be handled within 14 days.
Article 15 – Disputes
Dutch law applies exclusively.
The Vienna Sales Convention does not apply.
Article 16 – Additional Provisions
Additional provisions must not disadvantage the consumer and must be recorded in writing.