Terms of service

General Terms and Conditions

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 – Continuous Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaint Procedure
Article 15 – Disputes
Article 16 – Additional or Diverging Provisions

Article 1 – Definitions

For the purpose of these terms and conditions, the following definitions apply:

  1. Cooling-off Period: The period during which the consumer can exercise their right of withdrawal.
  2. Consumer: A natural person not acting in the course of a profession or business who enters into a distance contract with the entrepreneur.
  3. Day: Calendar day.
  4. Continuous Transaction: A distance contract concerning a series of products and/or services, where the obligation to deliver and/or accept is spread over time.
  5. Durable Data Carrier: Any tool that enables the consumer or entrepreneur to store information directed to them personally, in a way that allows future access and unchanged reproduction of the stored information.
  6. Right of Withdrawal: The option for the consumer to terminate the distance contract within the cooling-off period.
  7. Model Form: The standard withdrawal form provided by the entrepreneur, which the consumer can use to exercise their right of withdrawal.
  8. Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance.
  9. Distance Contract: An agreement concluded within the framework of a system organized by the entrepreneur for remote sales of products and/or services, whereby exclusive use is made of one or more remote communication techniques until the agreement is concluded.
  10. Remote Communication Technique: A means that can be used for concluding an agreement without the consumer and entrepreneur being physically present in the same place at the same time.
  11. General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Name of Entrepreneur: ToysByMonk
Business Address:
Demetrius Vikelaslaan 70
1361CM Almere
Phone Number: -

Accessibility:
We strive to respond to your messages within 24 hours on working days.
Email Address: info@toysbymonk.nl

Chamber of Commerce Number (KvK): 90233905

If the entrepreneur’s activity is subject to a relevant licensing system:
Details regarding the supervising authority will be provided.

If the entrepreneur practices a regulated profession:

  • The professional association or organization to which they belong;
  • The professional title and the location in the EU or the European Economic Area where it was granted;
  • A reference to the professional regulations applicable in the Netherlands and instructions on where and how these regulations can be accessed.

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and every distance contract and order established 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 terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge to the consumer upon request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions can, contrary to the previous paragraph and before the distance contract is concluded, be made available electronically in such a way that the consumer can easily store it 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 electronically or by other means free of charge upon the consumer’s request.
  4. If specific product or service terms apply alongside these general terms, the second and third paragraphs apply correspondingly, and the consumer can always invoke the provision most favorable to them in case of conflicting terms.
  5. If one or more provisions in these general terms are wholly or partially nullified or invalidated at any time, the agreement and the remaining terms will remain in effect. The relevant provision will be replaced by mutual agreement with a provision that approximates the original intent as closely as possible.
  6. Situations not covered by these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
  7. Any ambiguities about the interpretation or content of one or more provisions of these terms must be interpreted “in the spirit” of these general terms and conditions. 

Article 4 – The Offer

  1. If an offer has a limited validity period or is subject to specific conditions, this will be explicitly stated in the offer.
  2. The offer is intended exclusively for buyers who are 18 years or older.
  3. The offer is non-binding. The entrepreneur reserves the right to modify or adjust the offer.
  4. The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these will be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  5. All images, specifications, and data in the offer are indicative and cannot serve as a basis for claims of damages or dissolution of the agreement.
  6. Product images are a true representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors precisely match the actual colors of the products.
  7. Every offer includes information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular:
    • The price, including taxes;
    • Any shipping costs;
    • The method by which the agreement will be concluded and the actions required for this;
    • Whether or not the right of withdrawal applies;
    • The method of payment, delivery, and execution of the agreement;
    • The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • The cost of remote communication if it is calculated differently than the standard basic rate for the communication method used;
    • Whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
    • How the consumer can verify and, if necessary, correct the information they provided before finalizing the agreement;
    • Any other languages in which the agreement can be concluded, in addition to Dutch;
    • Codes of conduct the entrepreneur has committed to and how the consumer can access these electronically;
    • The minimum duration of the distance contract in the case of a continuous transaction;
    • Optional: available sizes, colors, and types of materials.

Article 5 – The Agreement

  1. Subject to the provisions in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the associated conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been 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 suitable security measures.
  4. The entrepreneur has the right, within legal boundaries, to investigate whether the consumer can fulfill their payment obligations, as well as other relevant facts and factors necessary for responsibly concluding a distance agreement. If, based on this investigation, the entrepreneur has valid grounds to decline the agreement, they are entitled to refuse an order or request with justification or to attach special conditions to the execution.
  5. Along with the product or service, the entrepreneur will provide the following information in writing or in a manner that allows the consumer to store it accessibly on a durable data carrier:
    • The conditions and procedures for exercising the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
    • Information about guarantees and existing after-sales services;
    • The details mentioned in Article 4, paragraph 3, unless this information has already been provided to the consumer before the agreement is executed;
    • The requirements for terminating the agreement if it lasts longer than one year or is of indefinite duration.
  6. In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.
  7. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products. 

Article 6 – Right of Withdrawal

For the delivery of products:

  1. When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 14 days. This reflection period starts the day after the consumer or a representative designated by the consumer and communicated to the entrepreneur receives the product.
  2. During the reflection period, the consumer must handle the product and packaging carefully. The consumer should only unpack or use the product to the extent necessary to determine if they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product with all accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. This notification can be made using the model withdrawal form or via another means of communication, such as email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the product was returned in time, such as a shipping receipt.
  4. If the consumer does not notify the entrepreneur of their intention to withdraw within the reflection period specified in paragraphs 2 and 3, or if they fail to return the product, the purchase becomes final.

For the delivery of services:
5. When services are delivered, the consumer has the right to dissolve the agreement without giving any reason within at least 14 days, starting from the date the agreement is entered into.
6. To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer or at the latest upon delivery.

Article 7 – Costs in the Event of Withdrawal

  1. If the consumer exercises their right of withdrawal, they will only bear the direct costs of returning the product.
  2. If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This refund is conditional on the entrepreneur having received the returned product or having been provided with conclusive evidence of its return. Refunds will be processed using the same payment method used by the consumer unless the consumer explicitly agrees to a different method.
  3. If the product has been damaged due to careless handling by the consumer, the consumer is liable for any depreciation in the product's value.
  4. The consumer cannot be held liable for any depreciation in the product's value if the entrepreneur has failed to provide all legally required information about the right of withdrawal before the purchase agreement was concluded.

Article 8 – Exclusion of the Right of Withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer or, at least, before concluding the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    • Made according to the consumer's specifications;
    • That are clearly personal in nature;
    • That cannot be returned due to their nature;
    • That are subject to rapid deterioration or expiration;
    • Whose price depends on fluctuations in the financial market over which the entrepreneur has no control;
    • That are individual newspapers or magazines;
    • That are audio or video recordings or computer software where the consumer has broken the seal;
    • That are hygiene products where the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    • Relating to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
    • Whose delivery has begun with the consumer's explicit consent before the end of the reflection period;
    • Relating to betting and lotteries.

Article 9 – The Price

  1. During the validity period specified in the offer, the prices of the products and/or services offered will not increase, except for price changes resulting from changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market over which the entrepreneur has no control. This dependency on fluctuations and the fact that any listed prices are target prices will be stated in the offer.
  3. Price increases within three months of concluding the agreement are only permitted if they result from statutory regulations or provisions.
  4. Price increases after three months of concluding the agreement are only permitted if the entrepreneur has stipulated this and:
    • They result from statutory regulations or provisions; or
    • The consumer is entitled to terminate the agreement as of the date the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.
  6. All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services conform to the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the applicable legal provisions and/or government regulations in effect on the date the agreement is concluded. If agreed upon, the entrepreneur also ensures that the product is suitable for uses other than normal use.
  2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights and claims that the consumer may assert under the agreement with the entrepreneur.
  3. Any defects or incorrect deliveries must be reported to the entrepreneur in writing within 14 days after delivery. Returned products must be in their original packaging and in new condition.
  4. The entrepreneur’s warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
    • The consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;
    • The delivered products have been exposed to abnormal conditions or otherwise mishandled or treated in violation of the entrepreneur's instructions or the instructions on the packaging;
    • The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

  1. The entrepreneur will exercise the utmost care in accepting and fulfilling orders for products and in assessing requests for the provision of services.
  2. The place of delivery is the address provided by the consumer to the business.
  3. Subject to the provisions of paragraph 4 of this article, the business will process accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement at no cost. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a delivery time does not entitle the consumer to compensation.
  5. In the case of cancellation according to paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
  6. If delivery of an ordered product proves to be impossible, the entrepreneur will make reasonable efforts to provide a substitute product. At the time of delivery, it will be clearly and understandably communicated that a substitute product is being delivered. For substitute products, the right of withdrawal cannot be excluded. The costs for any return shipment will be borne by the entrepreneur.
  7. The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and communicated to the entrepreneur, unless standard shipping is chosen.
  8. The customer is responsible for providing the correct address and selecting the appropriate shipping method.
  9. When ordering to an address outside the Netherlands, the consumer must research the laws and regulations of the relevant country to ensure that the products can be received. 

Article 12 – Duration Transactions: Duration, Termination, and Extension

Termination

  1. The consumer can terminate an agreement that is concluded for an indefinite period and involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and with a notice period of no more than one month.
  2. The consumer can terminate an agreement that is concluded for a fixed term and involves the regular delivery of products (including electricity) or services, at any time, before the end of the fixed term, subject to the agreed termination rules and with a notice period of no more than one month.
  3. The consumer can terminate the agreements mentioned in the previous paragraphs:
    • At any time, and is not limited to terminating at a specific time or within a specific period;
    • At least in the same manner as the agreement was entered into;
    • Always with the same notice period that the entrepreneur has set for themselves.

Extension
4. An agreement concluded for a fixed term involving the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specified duration.
5. Notwithstanding the previous paragraph, an agreement concluded for a fixed term involving the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum duration of three months, provided the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement concluded for a fixed term involving the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer can terminate the agreement at any time with a notice period of no more than one month, or a maximum notice period of three months in the case of agreements involving the regular but less frequent delivery of daily, news, and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly extended and will automatically terminate at the end of the trial or introductory period.

Duration
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, with a notice period of no more than one month, unless termination before the end of the agreed duration is unreasonable or unfair.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
  2. The consumer is obligated to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.
  3. In the event of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and will handle complaints in accordance with this procedure.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has identified the defects.
  3. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeable 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.
  4. If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. In the event of a complaint, the consumer must first contact the entrepreneur. It is also possible to register complaints through the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. The agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
  2. The Vienna Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 – Research

  1. The buyer is required to investigate and inform themselves on how the product should be used and, in the case of personal use, test the product according to the instructions. ToysByMonk.nl does not accept any liability for improper use of the product by the buyer.
  2. The buyer of the products must follow the safety instructions and guidelines provided by ToysbyMonk.nl.
  3. The information provided by ToysbyMonk.nl about the products is intended for legal use only. Using the information for illegal purposes is entirely at the buyer's own risk.
  4. The buyer must not use the product for consumption or household purposes.
  5. The buyer must be aware of the potential hazards of the product:
    • The product is harmful if swallowed;
    • The product causes severe irritation to the skin and/or eyes;
    • The product can cause respiratory irritation;
    • The product may harm fertility or the unborn child.
  6. The following precautions must be observed at a minimum:
    • Keep out of reach of children;
    • Read the label before use;
    • Store in a tightly closed container;
    • Consult special instructions before use;
    • Only use after the buyer has read and understood all safety instructions;
    • Avoid inhaling dust, smoke, mist, or vapor;
    • In case of contact with eyes, immediately rinse gently with water and remove contact lenses if possible. Continue rinsing with water.
  7. For further hazard indications and/or precautions, the buyer should read the leaflet.