Moniker webshop General Terms and Conditions
Article 1 – The Entrepreneur’s identity
Tweede Leeghwaterstraat 7M
1018 RA Amsterdam
Phone: +31 (0)20 779 11 80
Amsterdam Chamber of Commerce no: 53614550
VAT no: NL 850948058B01
Article 2 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
- Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible;
- Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
- Entrepreneur: the natural of legal person who provides products, (access to) digital content and/or services to Consumers at a distance;
- Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
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.
- Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible.
- If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer ́s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
Article 4 – The offer
- If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
- The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur. Although the colours of the products are reproduced as accurately as possible, the Entrepreneur cannot guarantee that the colours displayed on the webshop are an exact representation of the colours of the actual products.
- All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
- Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
- If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
- If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
- Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier: a. the visiting address of the Entrepreneur ́s business establishment where the Consumer may get into contact with any complaints; b. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal; c. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
Article 6 – Returning a product (Right of withdrawal)
- If a product does not meet the expectations of the Consumer, the Consumer can return it (right of withdrawal) without any reason.
- Digital products and/or services are excluded from the right of withdrawal
- A return notification shall be made within 14 days after the Consumer has received the product.
The return notification shall be sent to:email@example.com and include the Consumers name, order number, and items the Consumer would like to return. The return shipment shall be shipped to the Entrepreneurs return address no later than 7 days within the Consumers e-mail return notification.
Tweede Leeghwaterstraat 7M
1018 RA Amsterdam
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 Customer shall include a copy of the receipt or order confirmation and clearly state his bank account number (IBAN). Customers 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 Customer's 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 Customer 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 Customers return, with a maximum of 14 days.
Article 7 – Exclusion of the right of withdrawal
Digital products and/or services are excluded from the right of withdrawal.
Article 8 – Delivery and shipping costs
- The place of delivery is at the address given by the Consumer to the Entrepreneur.
- After the Entrepreneur receives the Customers order, the Customer will receive an automatically generated e-mail confirmation. Products are shipped within 3 working days after receiving the Customers 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 loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly 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 9 – The price
- The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
- All prices indicated in the provision of products or services are including VAT.
Article 10 – Performance of an agreement
The Entrepreneur guarantees that the products 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 11 – Payment
Prices are in EURO and include VAT, shipping costs are excluded. The Entrepreneur accepts payment through Credit Card, iDEAL, SOFORT. 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:
Swift/BIC code: TRIONL2U
payment to: Moniker / Tweede Leeghwaterstraat 7M / 1018 RA Amsterdam / The Netherlands
Article 12 – Complaints procedure
- Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
Article 13 - Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.