Terms and conditions MonPhill’s B.V.
- MonPhill’s B.V.: MonPhill’s B.V., established in Loon op Zand under Chamber of Commerce no. 77194675.
- Client: the person with whom MonPhill’s B.V. has entered into an agreement.
- Parties: MonPhill’s B.V. and the Client together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of General Terms and Conditions
- These terms and conditions shall apply to all offers, quotations, work, orders, agreements and deliveries of services or products by or on behalf of MonPhill’s B.V.
- Parties may only deviate from these terms and conditions if they have expressly agreed this in writing.
- Parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the Customer or third parties.
- All prices used by MonPhill’s B.V. shall be in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed upon otherwise.
- MonPhill’s B.V. may change all prices on MonPhill’s B.V. for its products or services, on its website or otherwise made known at any time.
- Increases in the cost prices of products or parts thereof which MonPhill’s B.V. could not foresee at the time the offer was made or the agreement was concluded may give rise to price increases.
- The Consumer shall be entitled to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Consequences of not paying on time
- If the Customer fails to pay within the agreed period, MonPhill’s B.V. shall be entitled to charge interest of 1% per month from the day the Customer is in default, whereby part of a month shall be counted as a whole month.
- If the Customer is in default, it shall also owe MonPhill’s B.V. extrajudicial collection costs and any compensation.
- The collection costs shall be calculated on the basis of the decision to reimburse extrajudicial collection costs.
- If the Customer fails to pay on time, MonPhill’s B.V. may suspend its obligations until the Customer has fulfilled its payment obligation.
- In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the Customer, MonPhill’s B.V.’s claims against the Customer shall become immediately due and payable.
- If the Customer refuses to cooperate with MonPhill’s B.V. in executing the agreement, it shall still be obliged to pay MonPhill’s B.V. the agreed price.
Right of complaint
- As soon as the Customer is in default, MonPhill’s B.V. shall be entitled to invoke the right of complaint with regard to the unpaid products delivered to the Customer.
- MonPhill’s B.V. shall invoke the right of complaint by means of a written or electronic communication.
- As soon as the Customer has been informed of the right of complaint invoked, the Customer shall immediately return the products to which this right relates to to MonPhill’s B.V. unless the parties agree otherwise.
- The costs of retrieving or bringing back the products shall be at the expense of the Customer.
Right of revocation
1. A consumer may cancel an online purchase during a 14-day cooling-off period without giving a reason, provided that:
- The product has not been used.
- The consumer has not waived his right of withdrawal.
- The original packaging is not missing.
- The pouch (storage pouch) is not missing in the packaging.
- There is no dirt on / in the packaging such as, liquids or food remains.
- If there is no powder or any other kind of liquid on the mechanism (brush handle) or brush hairs (brush heads).
2. The reflection period of 14 days as mentioned in paragraph 1 starts:
- On the day after the consumer has received the last product or part of 1 order.
3. The consumer can make his appeal to the right of withdrawal known via [email protected], if desired by means of the withdrawal form that can be downloaded via the website of MonPhill’s B.V., www.monphills.com.
4. The Consumer shall be obliged to return the product to MonPhill’s B.V. within 14 days after stating his right of withdrawal, failing which his right of withdrawal shall lapse.
5. The costs for returns shall only be for the account of MonPhill’s B.V. if the complete order is returned.
6. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement under the law, MonPhill’s B.V. shall reimburse these costs to the Consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the Consumer has returned the product to MonPhill’s B.V. in a timely manner.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Right of retention
- MonPhill’s B.V. may invoke its right of retention and in that case retain products of the Customer until the Customer has paid all outstanding invoices in respect of MonPhill’s B.V., unless the Customer has provided sufficient security for those costs.
- The right of retention shall also apply on the basis of previous agreements under which the Customer still owes MonPhill’s B.V. payments.
- MonPhill’s B.V. shall never be liable for any damage the Customer may suffer as a result of using its right of retention.
Unless the Customer is a consumer, the Customer waives its right to set off a debt to MonPhill’s B.V. against a claim against MonPhill’s B.V.
Retention of title
- MonPhill’s B.V. shall remain the owner of all products delivered until the Customer has fulfilled all its payment obligations towards MonPhill’s B.V. on the basis of any agreement concluded with MonPhill’s B.V., including claims relating to failure to perform.
- Until that time, MonPhill’s B.V. may invoke its retention of title and take back the items.
- Before ownership has passed to the Customer, the Customer may not pledge, sell, alienate or otherwise encumber the products.
- If MonPhill’s B.V. invokes its retention of title, the agreement shall be deemed dissolved and MonPhill’s B.V. shall be entitled to claim damages, loss of profit and interest.
- Delivery takes place as long as stocks last.
- Delivery shall take place at MonPhill’s B.V., unless parties have agreed otherwise.
- Products ordered online shall be delivered to the address indicated by the Customer.
- If the agreed amounts are not paid or not paid on time, MonPhill’s B.V. shall be entitled to suspend its obligations until the agreed part has been paid.
- Late payment shall constitute default of creditor with the result that the Customer cannot object to a late delivery to MonPhill’s B.V..
- The delivery times stated by MonPhill’s B.V. are indicative and, if exceeded, shall not entitle the Customer to rescission or compensation unless parties have expressly agreed otherwise in writing.
- The delivery period shall commence as soon as the Customer has completed the (electronic) ordering process and has received an (electronic) confirmation thereof from MonPhill’s B.V.
- Exceeding the stated delivery time shall not entitle the Customer to compensation or to dissolve the agreement unless MonPhill’s B.V. is unable to deliver within 14 days of being reminded to do so in writing or the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transport costs are at the expense of the customer, unless parties have agreed otherwise.
Packaging and shipping
- If the packaging of a delivered product has been opened or damaged, the Customer shall have a note made of this by the forwarder or deliveryman before accepting the product, failing which MonPhill’s B.V. cannot be held liable for any damage.
- If the Customer arranges for transport of a product itself, it shall report any visible damage to products or the packaging to MonPhill’s B.V. prior to transport, failing which MonPhill’s B.V. cannot be held liable for any damage.
- If the customer purchases ordered products later than the agreed delivery date, the risk of any loss of quality shall be entirely for the customer.
- Any additional costs as a result of premature or delayed purchase of products will be entirely at the expense of the customer.
- The warranty with respect to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, modifications made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the moment at which they are legally and/or actually delivered, or at least come under the control of the customer or of a third party who takes delivery of the product for the customer.
The Customer shall indemnify MonPhill’s B.V. against all claims of third parties relating to the products and/or services provided by MonPhill’s B.V..
- The customer shall examine a product or service provided by MonPhill’s B.V. for any shortcomings as soon as possible.
- If a product delivered or service provided does not meet what the Customer could reasonably expect from the agreement, the Customer shall inform MonPhill’s B.V. of this as soon as possible but in any case within 1 month after the shortcomings have been detected.
- Consumers shall inform MonPhill’s B.V. at the latest within 2 months after detection of the shortcomings.
- The Customer shall provide as detailed a description as possible of the shortcoming, so that MonPhill’s B.V. is able to respond adequately.
- The Customer shall demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to work in progress, this shall in any case not result in MonPhill’s B.V. being obliged to perform work other than that agreed.
Notice of default
- The Customer shall give MonPhill’s B.V. written notice of default.
- It is the customer’s responsibility to ensure that a notice of default actually reaches MonPhill’s B.V. (on time).
Joint and several liability of the Customer
If MonPhill’s B.V. enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts they owe to MonPhill’s B.V. on the basis of that agreement.
Liability MonPhill’s B.V.
- MonPhill’s B.V. shall only be liable for any damage suffered by the Customer if and insofar as such damage is caused by intent or deliberate recklessness.
- If MonPhill’s B.V. is liable for any damage, it shall only be liable for direct damage arising from or related to the execution of an agreement.
- MonPhill’s B.V. shall never be liable for indirect damage such as consequential damage, loss of profit, missed savings or damage to third parties.
- If MonPhill’s B.V. is liable, this liability shall be limited to the amount paid out by a (professional) liability insurance taken out and in the absence of (full) payment of the damage amount by an insurance company, the liability shall be limited to the (part of the) invoice amount to which the liability relates.
- All images, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the Customer to compensation from MonPhill’s B.V. shall in any case expire 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.
Right of dissolution
- The Customer shall be entitled to dissolve the agreement if MonPhill’s B.V. fails imputably in the fulfilment of its obligations, unless this failure does not justify the dissolution in view of its special nature or minor importance.
- If fulfilment of the obligations by MonPhill’s B.V. is not permanently or temporarily impossible, the agreement may only be dissolved after MonPhill’s B.V. is in default.
- MonPhill’s B.V. shall be entitled to dissolve the agreement with the Customer if the Customer fails to fulfil its obligations under the agreement in full or on time or if MonPhill’s B.V. has knowledge of circumstances which give it good reason to fear that the Customer will not be able to fulfil its obligations properly.
- In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure on the part of MonPhill’s B.V. to fulfil any obligation towards the Customer cannot be attributed to MonPhill’s B.V. in a situation independent of the will of MonPhill’s B.V. as a result of which the fulfilment of its obligations towards the Customer is wholly or partly prevented or as a result of which MonPhill’s B.V. cannot reasonably be expected to fulfil its obligations.
- The force majeure situation referred to in paragraph 1 also includes – but is not limited to – a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecoms failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
- If a situation of force majeure occurs as a result of which MonPhill’s B.V. is unable to fulfil 1 or more obligations towards the Customer, those obligations shall be suspended until MonPhill’s B.V. is able to fulfil them again.
- From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in full or in part in writing.
- MonPhill’s B.V. shall not owe any compensation or damages in a force majeure situation, not even if it benefits from any advantage as a result of the force majeure situation.
Amendments to the agreement
If, after the conclusion of the agreement for its execution, it appears necessary to amend or supplement its contents, the parties shall amend the agreement accordingly in good time and in mutual consultation.
Amendment of general terms and conditions
- MonPhill’s B.V. shall be entitled to amend or supplement these General Terms and Conditions.
- Changes of minor importance may be made at all times.
- MonPhill’s B.V. shall discuss major changes of content with the Customer in advance as much as possible.
- Consumers shall be entitled to terminate the agreement in the event of a substantial change to the General Terms and Conditions.
Transfer of rights
- Rights of the Customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of MonPhill’s B.V.
- This provision shall apply as a clause with effect under property law as referred to in article 3:83, second paragraph, of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions prove to be null and void or voidable, this shall not affect the other provisions of these terms and conditions.
- A provision that is null and void or voidable shall in that case be replaced by a provision that comes closest to what MonPhill’s B.V. had in mind when drawing up the terms and conditions on that point.
Applicable law and competent court
- Any agreement between the parties shall be governed exclusively by Dutch law.
- The Dutch court in the district where MonPhill’s B.V. has its registered office / practice / maintains its office shall have exclusive jurisdiction to hear any disputes between the parties, unless otherwise required by law.
Drawn up on 01 December 2020.