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 remote agreement with the entrepreneur;
3. Remote agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, only one or more techniques for remote communication are used up to and including the conclusion of the agreement;
4. Technique for remote communication: means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same location;
5. Reflection period: the period within which the consumer can exercise their right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to withdraw from the remote agreement within the reflection period;
7. Duration transaction: a remote agreement concerning a series of products and/or services, where the delivery and/or acceptance obligation is spread over time;
8. 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 of the stored information.

Article 2 – Identity of the entrepreneur
• Montcho BV
• Address: St. Laurensdreef 20, 3565 AK, Utrecht
• Return address: St. Laurensdreef 20, 3565 AK, Utrecht
• 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 remote agreement concluded between the entrepreneur and the consumer.
2. Before the remote agreement 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 remote agreement is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.
3. If the remote agreement is concluded electronically, contrary to the previous paragraph and before the remote agreement is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the remote agreement is concluded 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 upon request.
4. In case specific product or service conditions also apply alongside these general terms and conditions, paragraphs 2 and 3 apply accordingly, and in case of conflicting general terms and conditions, the consumer may always invoke the provision most favorable to them.

Article 4 - The offer
1. If an offer has a limited validity period or is made under 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 allow 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 rights and obligations are connected to accepting the offer. This concerns in particular:
• the price including taxes;
• any delivery costs;
• the manner in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, or performance of the agreement;
• the period for acceptance of the offer or the period for maintaining 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 agreement is archived after conclusion, how the consumer can consult it;
• how the consumer can become aware of actions they did not intend before concluding the agreement and how they can correct these;
• any languages in which the agreement can be concluded besides Dutch;
• the codes of conduct to which the entrepreneur has committed and how the consumer can consult these electronically; and
• the minimum duration of the remote agreement in case of an agreement aimed at continuous or periodic delivery of products or services.

Article 5 - The agreement
1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance is not confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may—within legal frameworks—investigate whether the consumer can meet their payment obligations and all facts and factors relevant to responsibly entering into the remote agreement. If the entrepreneur has good grounds based on this investigation to refuse the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the following information with the product or service, either in writing or in such a way that it can be stored accessibly on a durable data carrier:
a. the entrepreneur’s information enabling the consumer to exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
b. information about existing after-sales service and guarantees;
c. the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
d. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. If the entrepreneur has committed to delivering a series of products or services, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal for delivery of products
1. The consumer can dissolve a remote agreement or an agreement concluded outside business premises without giving reasons within fourteen days 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 carefully. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and—if reasonably possible—in the original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.

Article 7 - Costs and obligations in case of withdrawal
1. If the consumer exercises their right of withdrawal, at most the costs of returning the product will be borne by the consumer.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than thirty days after the return or withdrawal.
3. During the reflection period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle is that the consumer may only handle and inspect the product as they would in a store.
4. The consumer will return the product with all delivered accessories, if reasonably possible in original condition and packaging, and following the reasonable and clear instructions provided by the entrepreneur.

Article 8 - Exclusion of 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 or at least in time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been made by the entrepreneur according to the consumer’s specifications;
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 subject to fluctuations on the financial market beyond the entrepreneur’s control;
f. the delivery of items 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 stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if their prices are subject to fluctuations on the financial market beyond the entrepreneur’s control. This dependency on fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
• they result from legal regulations or provisions; or • the consumer has the right to terminate the agreement on the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 10 – Performance of the agreement and additional warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement is concluded.
2. A warranty scheme offered by the entrepreneur, manufacturer, or importer does not affect the rights and claims the consumer may have against the entrepreneur for failure to fulfill the entrepreneur’s obligations under the law and/or the remote agreement.

Article 11 - Delivery and execution
1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for services.
2. The place of delivery is the address the consumer has provided to the company.
3. Subject to the provisions in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than 30 days unless a longer delivery period has been agreed. If delivery is delayed or an order cannot be executed or only partially executed, the consumer will be informed no later than one month after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and to claim any damages.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are borne by the entrepreneur.
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 an agreement concluded for an indefinite period, aimed at regular delivery of products or services, at any time observing the agreed termination rules and a notice period of at most one month.
2. The consumer can terminate an agreement concluded for a fixed period, aimed at regular delivery of products or services, at any time at the end of the fixed term observing the agreed termination rules and a notice period of at most one month.

Article 13 - Payment
1. Unless otherwise agreed later, amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in case of an agreement for the provision of a service, within 14 days after delivery of the product.
2. In case of consumer default, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs previously communicated to the consumer.

Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints according to this procedure.
2. Complaints about the execution of the agreement 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 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

Article 15 - Disputes
1. Dutch law exclusively 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 accessibly by the consumer on a durable data carrier.