General Terms and Conditions

Article 1 – The Entrepreneur’s identity

Moniker
Tweede Leeghwaterstraat 7M
1018 RA Amsterdam
The Netherlands

Email: shop@studiomoniker.com
Phone: +31 (0)20 779 11 80
Web: www.studiomoniker.com

Amsterdam Chamber of Commerce no: 53614550
VAT no: NL 850948058B01

Article 2 – Definitions

In these Terms and Conditions, the following definitions shall apply:

Agreement: this Agreement between the Consumer and the Entrepreneur;
Consumer: the natural person not acting for purposes connected with their trading, business, craft, or professional activities;
Day: calendar day;
Digital content: data that are produced and supplied in digital form, including, but not limited to, software, databases, games, apps, e-books, digital magazines and digital media such as music, film and video. Digital content may be supplied in tangible form (for example on a disk), or in intangible form such as downloaded, streamed, or accessed on the web;
Distance contract: a contract that is entered into between the Entrepreneur and the Consumer in the context of an organised system for sales at a distance of products, digital content, and/or services whereby, until the contract is entered into, exclusive or partial use is made of one or more techniques for communication at a distance;
Durable medium: any tool - also including email - that enables the Consumer or Entrepreneur to store information that is personally addressed to them in a way that enables future consultation or use during a period that is attuned to the aim for which the information is intended, and enables the unaltered reproduction of the stored information;
Entrepreneur: the natural of legal person who provides products, (access to) digital content and/or services to Consumers at a distance;
Right of withdrawal: the possibility for the Consumer to cancel the distance contract within the withdrawal period;
Intellectual Property Rights: all rights relating to intellectual property and related rights, including – but not limited to – copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, and rights to knowhow.
Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions; Appendix I does not have to be made available if the Consumer has no right of withdrawal in respect of their order;

Article 3 – Applicability

These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
The text of these General Terms and Conditions will be made available to the Consumer before the distance contract is entered into. If this is not reasonably possible, the Entrepreneur will state, before the distance contract is entered into, the manner in which the General Terms and Conditions can be consulted at the Entrepreneur and that they can be sent as soon as possible, free of charge, at the Consumer's request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the Consumer will be provided with the text of these General Terms and Conditions electronically, in such a way that the Consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the Entrepreneur will indicate where the General Terms and Conditions can be inspected electronically and that at his request they will be sent to the Consumer free of charge, either electronically or in some other way.

Article 4 – The offer

If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the Consumer to make a proper assessment of the offer. If the Entrepreneur makes use of illustrations or pictures, these will be a true representation of the products and/or services being offered. The Entrepreneur is not bound by obvious errors or mistakes in the offer.
Every offer contains information that makes it clear to the Consumer what rights and obligations are related to the acceptance of the offer.

Article 5 – The contract

The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the Consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
If the Consumer has accepted the offer electronically, the Entrepreneur will immediately confirm receipt of acceptance of the offer electronically. The Consumer can dissolve the contract as long as this acceptance has not been confirmed by the Entrepreneur.
If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational measures to secure the electronic data transfer and ensure a safe web environment. If the Consumer is able to pay electronically, the Entrepreneur will take suitable security measures.
The Entrepreneur may obtain information – within statutory frameworks – about the Consumer’s ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the Entrepreneur proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
The Entrepreneur will, no later than on the delivery of the product, digital content or service, send the Consumer, in writing or in such a way that it can be stored by the Consumer in an accessible manner on a durable medium, the following information:
- the visiting address of the place of business of the Entrepreneur where the Consumer can direct complaints;
- the conditions under which and the manner in which the Consumer can make use of the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
- the price, including all taxes, of the product, digital content or service; the costs of delivery insofar as applicable; and the method of payment, delivery or implementation of the distance contract;
- the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
- if the Consumer has a right of withdrawal, the model withdrawal form.

Article 6 – Right of withdrawal

Upon delivery of products:

When purchasing products, a Consumer has the right to dissolve a contract, without giving reasons, during a period of 14 days.
The period stipulated in paragraph 1 commences on the day after the product was received by the Consumer.
A Consumer who wants to exercise his right of withdrawal shall report this to the Entrepreneur, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way. The return notification shall be sent to:shop@studiomoniker.com
As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1, the Consumer shall return the product, to the Entrepreneurs return address.

Return address:
Moniker
Tweede Leeghwaterstraat 7M
1018 RA Amsterdam
The Netherlands

The Consumer shall return the article, undamaged and not washed, with all original labels attached and in its original package. In the return package, the shall include a copy of the receipt or order confirmation and clearly state his bank account number (IBAN). s from outside The Netherlands shall provide the IBAN number, BIC/SWIFT code and the name, postal code and city of their bank (The same bank account number through which the original payment was made.).
Shipping costs on returned articles are at the Consumers expense. The Entrepreneur advises to provide the return shipment with a tracking number. The Entrepreneur can't be held responsible for returned articles lost or damaged during transport. When the Entrepreneur has received and checked the returned products the Consumer will receive a confirmation e-mail with a notice that the Entrepreneur has refunded the money. The Entrepreneur will refund as soon as possible after receiving the Consumers return, with a maximum of 14 days.

Upon delivery of digital content or services that is not supplied on a tangible medium:

Digital content that is supplied in intangible form is excluded from the right of withdrawal.
By clicking “Buy now" the Consumer expressly agrees to waive his right to withdraw from this purchase.

Article 7 – Delivery and shipping costs

The place of delivery is at the address given by the Consumer to the Entrepreneur.
After the Entrepreneur receives the order, the Consumer will receive an automatically generated e-mail confirmation. Products are shipped within 3 working days after receiving the s payment. The Entrepreneur handles orders from Monday to Friday, not on Dutch national holidays.
If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one week after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 14 days after repudiation.
The risk of damage and/or loss of products rests upon the Entrepreneur up to the moment of delivery to the Consumer or a representative previous designated by the Consumer and announced to the Entrepreneur, unless this has explicitly been agreed otherwise.
Shipping and handling costs:
- Shipping and handling costs for The Netherlands: € 5,00
- Shipping and handling costs for countries outside The Netherlands: € 10,00
- Shipping and handling costs will be added to the Consumers order.

Article 8 – The price

During the period of validity indicated in the offer, the prices of the products, digital content and/or services being offered will not be increased, except for price changes in VAT-tariffs.
Prices stated in offers of products, digital content or services include VAT.

Article 9 – Performance of an agreement

The Entrepreneur guarantees that the products, digital content and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.

Article 10 – Payment

Prices are in EURO and include VAT, shipping costs are excluded. The Entrepreneur only accepts payment through Credit Card. Shipping and handling costs will be added to the Consumers order. After the Entrepreneur receives the Consumers order, he’ll receive an automatically generated e-mail confirmation.
Bank details for (inter)national payments:
IBAN: NL71TRIO0254590101
Swift/BIC code: TRIONL2U
payment to: Moniker / Tweede Leeghwaterstraat 7M / 1018 RA Amsterdam / The Netherlands

Article 11 – Use of Digital Content by the Consumer

All Intellectual Property Rights to the digital content are owned by the Entrepreneur or its licensors. The Consumer will only be granted a personal, non-exclusive, non-transferable and non-sublicensable licence to use, download and store the digital content.
Unless expressly otherwise agreed in writing, digital content must only be used for personal and non-commercial use or – if the Consumer is a business – for internal business purposes.
The Consumer is not authorised to reproduce, edit or lend the digital content or make it available to any third parties in any manner whatsoever or use it to perform any other acts which extend beyond the scope of the licence provided in this article.
Contrary to the provisions of paragraph 3, the Consumer will be authorised to publish or reproduce parts of the digital content as information regarding its courses, to the extent that this is justified by the intended, non-commercial purpose, provided that:
- The Consumer can be classified as a not-for-profit educational institution;
- The Consumer clearly states the source, including the manufacturer’s name, provided this is reasonably possible;
- The Consumer will pay a reasonable fee to the manufacturer or its assignees; and
- the other terms of Section 16 of the Dutch Copyright Act (Auteurswet) are complied with.
The Entrepreneur or its licensors are entitled to take technical measures in order to protect their Intellectual Property Rights. The Consumer will not be authorised to remove or circumvent such security measures.
The Entrepreneur or its licensors are authorised to impose restrictions (temporary or otherwise) on the scope of the licence or the number of devices or types of devices on which the digital content may be consulted.
If the Consumer acts in contravention of this article (Article 11), the Entrepreneur will be authorised to suspend, with immediate effect, access to the relevant digital content or the Consumer’s web account, and to keep it suspended, notwithstanding the Entrepreneur’s right to recover from the Consumer the loss suffered as a result of or in connection with the infringement in question (including any expenses incurred). The Entrepreneur will not be liable for the effects of suspending access to the web account.
Temporarily reduced access to, or availability of, the digital content will not entitle the Consumer to suspend the payment of the fees payable. The Consumer will not be entitled to a refund of the fees it has paid in the event of temporarily lack of access, or reduced access, to the digital content.
The digital content is provided ‘as is’ and do not constitute professional advice, and the Consumer should not rely on them as such. The digital content may not be suitable for the purposes of the Consumer.

Article 12 – Sale of Digital Content by the Consumer

The Consumer is prohibited from marketing digital copies of any digital content purchased from the Entrepreneur, e.g. by selling the product online or offering it for sale.
The Consumer is not authorised, under any circumstances, to rent out and lend digital content.

Article 13 – Intellectual Property Rights

All intellectual property rights, including, but not limited to, copyright, design rights, database rights, trademark rights, trade name rights or patent rights, and any other rights to and relating to the digital content and/or services and related knowhow are owned by the Entrepreneur and its licensors.
2. The Consumer is not authorised to reproduce or publish digital content and/or services supplied and/or provided by the Entrepreneur to the Consumer in whole or in part without the Entrepreneur’s prior written consent, unless and to the extent that this is permitted under mandatory law.
No part of the Agreement or these Terms and Conditions can be interpreted as a transfer of intellectual property rights in relation to the digital content and/or services.

Article 14 – Complaints

Complaints about the execution of the agreement must be submitted in writing without delay in full and with clear descriptions to the Entrepreneur.
A reply to complaints submitted to the Entrepreneur will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the Entrepreneur will reply within 14 days, confirming receipt and indicating when the Consumer can expect a more detailed reply.
The submission of a complaint by a Consumer does not entitle the Consumer to suspend its payment obligation.

Article 14 – Disputes

Contracts entered into between the Entrepreneur and a Consumer and which are subject to these General Terms and Conditions are subject only to Dutch law. Even if the Consumer lives abroad.

Appendix I: Model form for right of withdrawal

Model form for right of withdrawal (this form should only be completed and returned if you want to withdraw from the contract)

To:
[Entrepreneur’s name]
[Entrepreneur’s geographic address]
[Entrepreneur’s e-mail address or electronic address]
I/we* herewith inform you that, in respect of our contract regarding
- The sale of the following products: [description of the product}*
- The delivery of the following digital content: [description of the digital content]*
- The supply of the following service: [description of the service]*
I/we* exercise our right of withdrawal.
Ordered on*/received on* [date of ordering services or receiving goods]
[Consumer(s)’ name]
[Consumer(s)’ address]
[Consumer(s)’ signature] (only if this form is submitted on paper)

*Delete or provide supplementary information, as applicable.