General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1. Entrepreneur: the legal entity that offers products and/or services remotely to consumers;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Distance contract: a contract whereby, as part of a system organized by the entrepreneur for the remote sale of products and/or services, the contract is concluded exclusively using one or more techniques for remote communication;
4. Technique for remote communication: a means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously in the same space;
5. Reflection period: the period within which the consumer can exercise his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
7. Duration transaction: a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
8. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him in such a way that future consultation and unchanged reproduction of the stored information is possible.
Article 2 – Identity of the entrepreneur
• Montcho BV
• Address: Galgenraklaan 17, 3544 TN, Utrecht
• Return address: Sint Laurensdreef, 3565 AK, Utrecht
• Phone number: +31 6 43 70 50 79
• Email address: info@montcho.nl
• Chamber of Commerce number: 82964491
• VAT identification number: NL862672867B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, in deviation from 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
4. In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
Article 4 - The offer
1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This particularly concerns:
• the price including taxes;
• any delivery costs;
• the manner in which the contract will be concluded and what actions are necessary for that;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, or execution of the contract;
• the period for acceptance of the offer, or the period for fulfilling the price;
• the amount of the rate for remote communication if the costs of using the technique for remote communication are calculated on a basis other than the basic rate;
• if the contract is archived after its conclusion, how it can be consulted by the consumer;
• the manner in which the consumer can become aware of actions he does not want to take before concluding the contract, as well as how he can rectify these before the contract is concluded;
• any languages in which, in addition to Dutch, the contract can be concluded;
• the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a contract that aims at the continuous or periodic delivery of products or services.
Article 5 - The contract
1. The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer without delay electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the contract.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
4. The entrepreneur may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the contract, he is entitled to refuse an order or request with justification or to attach special conditions to the execution.
5. The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the information from the entrepreneur on which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
b. the information about existing service after purchase and guarantees;
c. the data included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
d. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
6. If the entrepreneur has committed to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal in case of delivery of products
1. The consumer can dissolve a distance contract or a contract outside the sales area without giving reasons until a period of fourteen days has expired, after the day on which the consumer or a third party designated by the consumer, who is not the carrier, has received the first item.
2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product 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 delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 - Costs and obligations in case of withdrawal
1. If the consumer exercises his right of withdrawal, at most the costs of return shipping will be for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within thirty days after the return or withdrawal.
3. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
4. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 8 - Exclusion of the right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur according to the specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
f. the delivery of goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Article 9 - The price
1. During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This tie to fluctuations and the fact that any prices mentioned are guide prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
• they are the result of legal regulations or provisions; or • the consumer has the authority to terminate the contract on the day the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
Article 10 – Compliance with the contract and extra Guarantee
1. The entrepreneur ensures that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force at the time of the conclusion of the contract.
2. A scheme offered as a guarantee by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer can assert against the entrepreneur due to a shortcoming in the fulfillment of the entrepreneur's obligations under the law and/or the distance contract.
Article 11 - Delivery and execution
1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be informed of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the contract at no cost and is entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. No later than at the time of delivery, it will be clearly and understandably stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipping are for the entrepreneur's account.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12 - Duration transactions
1. The consumer can terminate a contract that has been entered into for an indefinite period and that aims at the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate a contract that has been entered into for a definite period and that aims at the regular delivery of products or services at any time before the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or in the case of a contract for the provision of a service, within 14 days after delivery of the product.
2. In the event of default by the consumer, the entrepreneur has the right to charge the reasonable costs that were communicated to the consumer in advance, subject to legal limitations.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the contract must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. 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 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed response.
Article 15 - Disputes
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
Article 16 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
In these terms and conditions, the following definitions apply:
1. Entrepreneur: the legal entity that offers products and/or services remotely to consumers;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Distance contract: a contract whereby, as part of a system organized by the entrepreneur for the remote sale of products and/or services, the contract is concluded exclusively using one or more techniques for remote communication;
4. Technique for remote communication: a means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously in the same space;
5. Reflection period: the period within which the consumer can exercise his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
7. Duration transaction: a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
8. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him in such a way that future consultation and unchanged reproduction of the stored information is possible.
Article 2 – Identity of the entrepreneur
• Montcho BV
• Address: Galgenraklaan 17, 3544 TN, Utrecht
• Return address: Sint Laurensdreef, 3565 AK, Utrecht
• Phone number: +31 6 43 70 50 79
• Email address: info@montcho.nl
• Chamber of Commerce number: 82964491
• VAT identification number: NL862672867B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, in deviation from 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
4. In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
Article 4 - The offer
1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This particularly concerns:
• the price including taxes;
• any delivery costs;
• the manner in which the contract will be concluded and what actions are necessary for that;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, or execution of the contract;
• the period for acceptance of the offer, or the period for fulfilling the price;
• the amount of the rate for remote communication if the costs of using the technique for remote communication are calculated on a basis other than the basic rate;
• if the contract is archived after its conclusion, how it can be consulted by the consumer;
• the manner in which the consumer can become aware of actions he does not want to take before concluding the contract, as well as how he can rectify these before the contract is concluded;
• any languages in which, in addition to Dutch, the contract can be concluded;
• the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a contract that aims at the continuous or periodic delivery of products or services.
Article 5 - The contract
1. The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer without delay electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the contract.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
4. The entrepreneur may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the contract, he is entitled to refuse an order or request with justification or to attach special conditions to the execution.
5. The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the information from the entrepreneur on which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
b. the information about existing service after purchase and guarantees;
c. the data included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
d. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
6. If the entrepreneur has committed to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal in case of delivery of products
1. The consumer can dissolve a distance contract or a contract outside the sales area without giving reasons until a period of fourteen days has expired, after the day on which the consumer or a third party designated by the consumer, who is not the carrier, has received the first item.
2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product 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 delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 - Costs and obligations in case of withdrawal
1. If the consumer exercises his right of withdrawal, at most the costs of return shipping will be for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within thirty days after the return or withdrawal.
3. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
4. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 8 - Exclusion of the right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur according to the specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
f. the delivery of goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Article 9 - The price
1. During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This tie to fluctuations and the fact that any prices mentioned are guide prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
• they are the result of legal regulations or provisions; or • the consumer has the authority to terminate the contract on the day the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
Article 10 – Compliance with the contract and extra Guarantee
1. The entrepreneur ensures that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force at the time of the conclusion of the contract.
2. A scheme offered as a guarantee by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer can assert against the entrepreneur due to a shortcoming in the fulfillment of the entrepreneur's obligations under the law and/or the distance contract.
Article 11 - Delivery and execution
1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be informed of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the contract at no cost and is entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. No later than at the time of delivery, it will be clearly and understandably stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipping are for the entrepreneur's account.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12 - Duration transactions
1. The consumer can terminate a contract that has been entered into for an indefinite period and that aims at the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate a contract that has been entered into for a definite period and that aims at the regular delivery of products or services at any time before the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or in the case of a contract for the provision of a service, within 14 days after delivery of the product.
2. In the event of default by the consumer, the entrepreneur has the right to charge the reasonable costs that were communicated to the consumer in advance, subject to legal limitations.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the contract must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. 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 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed response.
Article 15 - Disputes
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
Article 16 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
