General Terms and conditions

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 Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Termination, and Extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal; Read all about the cooling-off period;
2. Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or acceptance obligations of which are spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that allows future consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the consumer's ability to refrain from the distance contract within the cooling-off period;
7. Model withdrawal form: the model withdrawal form made available by the entrepreneur that a consumer can fill in when they wish to exercise their right of withdrawal;
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services by the entrepreneur, up to and including the conclusion of the contract, exclusively using one or more techniques for communication at a distance;
10. Technique for communication at a distance: a means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously present in the same space;
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Montrini
Wildbaan 16
8222 AG Lelystad
Nederland

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and orders concluded between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance agreement is concluded, that the general terms and conditions are available for inspection at the entrepreneur's place of business and will be sent free of charge upon request.
3. If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means 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 agreement is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge upon request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or are annulled, the agreement and these conditions will otherwise remain in force, and the relevant provision will be replaced in mutual consultation as soon as possible.
6. Situations not regulated in these general terms and conditions should be assessed "in the spirit" of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The Offer

1. If an offer has a limited validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. 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 products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be the basis for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

• • the price including taxes;
  • any shipping costs;
  • how the agreement will be concluded and what actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and performance of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the height of the tariff for distance communication if the costs of using the communication technique for distance communication are calculated on a basis other than the regular basic rate for the used communication medium;
  • whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
  • the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
  • any other languages in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance agreement in the case of a durable transaction.

Article 5 - The Agreement

1. The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set for this purpose.
2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed this acceptance of the offer, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
4. Within the legal framework, the entrepreneur can inform himself as to whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer 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 medium:
   • the visiting address of the establishment of the entrepreneur where the consumer can address complaints;
   • the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   • information about warranties and existing service after purchase;
   • the information referred to in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;
   • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a continuous performance contract, the provision in the previous paragraph applies only to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This cooling-off period starts on the day after the consumer receives the product or a pre-designated representative notified to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they make use of their right of withdrawal, they will return the product to the entrepreneur with all accessories provided and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they are obligated to notify the entrepreneur within 14 days after receiving the product. The consumer must do this using the model form or by another means of communication such as email. After the consumer has indicated their intention to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned in a timely manner, for example, by means of proof of shipment.
4. If the customer has not indicated within the periods mentioned in paragraphs 2 and 3 that they wish to make use of their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

1. In the case of the delivery of services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting on the day the agreement is entered into.
2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, the cost of return shipping shall be borne by the consumer.
2. If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or conclusive evidence of complete return shipment can be provided. The refund will be made using the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
3. In the case of damage to the product due to careless handling by the consumer, the consumer is liable for any resulting decrease in the product's value.
4. The consumer cannot be held liable for any decrease in the product's value if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the Right of Withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

• • that have been created by the entrepreneur in accordance with the consumer's specifications;
  • that are clearly of a personal nature;
  • that, due to their nature, cannot be returned;
  • that can spoil or age quickly;
  • whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software if the consumer has broken the seal;
  • for hygiene products if the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

• • relating to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
  • for which delivery has begun with the express consent of the consumer before the cooling-off period has expired;
  • concerning bets and lotteries.

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. In deviation from the previous paragraph, the entrepreneur may offer products or services with prices tied to fluctuations in the financial market and over which the entrepreneur has no influence with variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative 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 stipulated this and:

• • they result from legal regulations or provisions; or
  • the consumer has the authority to terminate the agreement as of the day 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. No liability is accepted for the consequences of printing and typographical errors. In the case 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 comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovering the defect.
4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each 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 modified the delivered products themselves or had them repaired and/or modified by third parties;
  • the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging;
  • the defect is wholly or partly the result of regulations that the government has or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The address provided by the consumer to the company is considered the place of delivery.
3. The company will execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified within 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without incurring any costs. The consumer is not entitled to compensation for damages.
4. All delivery times are indicative. The consumer cannot derive any rights from any specified terms. Exceeding a deadline does not entitle the consumer to compensation.
5. In case of termination in accordance with 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 termination.
6. If the delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. It will be clearly and comprehensibly communicated, at the latest upon delivery, that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and made known representative to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Termination

1. The consumer may terminate an agreement entered into for an indefinite period and which entails the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of up to one month.
2. The consumer may terminate an agreement entered into for a definite period and which entails the regular delivery of products (including electricity) or services at any time by the end of the agreed term, subject to the agreed termination rules and a notice period of up to one month.
3. The consumer may terminate the agreements mentioned in the preceding paragraphs:

• • at any time and not be limited to termination at a specific time or during a specific period;
  • terminate at least in the same way they were entered into;
  • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

1. An agreement entered into for a definite period and which entails the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite duration.
2. In derogation from the previous paragraph, an agreement entered into for a definite period and which entails the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite duration of up to three months if the consumer can terminate this extended agreement at the end of the renewal period with a notice period of up to one month.
3. An agreement entered into for a definite period and which entails the regular delivery of products or services may only be tacitly renewed for an indefinite duration if the consumer can terminate at any time with a notice period of up to one month and a notice period of up to three months in case the agreement entails the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and will automatically end upon expiry of the trial or introductory period.
5. 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 up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

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 cooling-off period 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 the confirmation of the agreement.
2. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In case of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs communicated in advance to the consumer.

Article 14 - Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and will handle the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within 2 months 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 period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement procedure.
5. In case of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and in cases where complaints cannot be resolved through mutual agreement, the consumer should contact Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate for free. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee incurs costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Additional or deviating provisions to 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 the consumer can store them in an accessible manner on a durable data carrier.