General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: The period within which the consumer can exercise their right of withdrawal;

Consumer: A natural person who does not act in the course of their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;

Day: Calendar day;

Continuous contract: A distance contract concerning a series of products and/or services, the delivery and/or acceptance obligations of which are spread over time;

Durable data carrier: Any means that enables the consumer or entrepreneur to store information personally addressed to them in such a way that future consultation and unchanged reproduction of the stored information are possible.

Right of withdrawal: The consumer's ability to cancel the distance contract within the cooling-off period;

Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance;

Distance contract: A contract concluded through a system organized by the entrepreneur for the distance sale of products and/or services, where communication up to and including the conclusion of the contract takes place solely by means of one or more distance communication techniques;

Distance communication technique: A tool that can be used to conclude a contract without the consumer and the entrepreneur being present in the same location at the same time.

General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: Monroe Atelier
Chamber of Commerce number: 96895993
Trade name: Storm E-COMMERCE
VAT number: NL005235842B9
Customer service email: info@monroeatelier.com
Business address: De Aak 93, Dedemsvaart 

Article 3 – Applicability

These general terms and conditions apply to any offer from the entrepreneur and any distance contract and orders between the entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be made available electronically before the distance contract is concluded in such a way that the consumer can easily store it on a durable data carrier. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be reviewed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

In the case that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs will apply accordingly, and the consumer may always rely on the provision that is most favorable to them in case of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are wholly or partially invalid or annulled, the agreement and these terms and conditions shall remain in effect for the rest, and the relevant provision will be replaced immediately by a provision that closely approximates the original intent in mutual consultation.

Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of these terms should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.

The offer contains a full 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, they are an accurate representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the contract.

Images of products are an accurate representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information that clearly explains the rights and obligations associated with the acceptance of the offer. This includes, in particular:

  • The price, excluding customs clearance costs and VAT. These additional costs will be borne by the customer. The postal and/or courier service will use the special arrangement for postal and courier services for imports into the destination EU country, as is the case here. The postal and/or courier service collects VAT (possibly along with customs clearance fees) from the recipient of the goods;

  • Any shipping costs;

  • The method by which the contract will be concluded and which actions are required;

  • Whether or not the right of withdrawal applies;

  • The method of payment, delivery, and performance of the contract;

  • The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

  • The rate for communication at a distance if the costs of using the distance communication technique are calculated on a basis other than the normal basic rate for the used communication method;

  • Whether the agreement will be archived after its conclusion, and if so, how the consumer can consult it;

  • How the consumer can check and, if necessary, correct the data provided by them before concluding the agreement;

  • The other languages in which the agreement can be concluded, besides Dutch;

  • The codes of conduct to which the entrepreneur has adhered and how the consumer can consult these codes electronically;

  • The minimum duration of the distance agreement in the case of a continuous contract.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and fulfills the conditions attached to it.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the consumer’s acceptance of the offer electronically. As long as this confirmation has not been received by the entrepreneur, the consumer may cancel the contract.

If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure web environment. If the consumer can make an electronic payment, the entrepreneur will also take appropriate security measures.

The entrepreneur may, within legal limits, verify whether the consumer can meet their payment obligations and ascertain all facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur, based on this investigation, has good reason not to enter into the agreement, they are entitled to refuse an order or application with a justified reason or to impose special conditions on the execution.

The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be easily stored by the consumer on a durable data carrier:

  • The business address where the consumer can submit complaints;

  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;

  • Information about guarantees and existing after-sales services;

  • The data referred to in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the contract was performed;

  • The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuous contract, the provision in the previous paragraph applies only to the first delivery.

Every agreement is concluded under the condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to cancel the agreement without giving any reason within 30 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer, who has been informed of this.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they want to keep the product. If they wish to exercise their right of withdrawal, the consumer must 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.

When the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 30 days of receiving the product. This must be done via a written message/email. After the consumer has indicated their wish to use the right of withdrawal, they must return the product within 30 days. The consumer must prove that the goods have been returned on time to the place of origin. This can also be done directly to our supplier in China. The customer can do this, for example, by providing proof of shipment.

If the customer has not indicated their intention to exercise the right of withdrawal or has not returned the product within the periods mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products will be entirely at the consumer's expense. This also includes costs associated with returning the product to the country of origin, i.e., our supplier in China.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal, provided that the product has been received back by the webshop or solid proof of complete return can be provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may 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 time before the contract is concluded.

Exclusion of the right of withdrawal is possible only for products:

  • Made by the entrepreneur according to the consumer’s specifications;

  • Clearly personal in nature;

  • Which by their nature cannot be returned;

  • Which may spoil or age rapidly;

  • Whose price is subject to fluctuations in the financial market that are beyond the entrepreneur's control;

  • For single newspapers and magazines;

  • For audio- and video recordings and computer software where the consumer has broken the seal.

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

  • Concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;

  • Where delivery has begun with the express consent of the consumer before the cooling-off period has expired;

  • Concerning bets and lotteries.

Article 9 – Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not increase, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. The dependency on fluctuations and the fact that any listed prices are indicative, will be stated in the offer.

Price increases within three months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

Price increases after three months following the conclusion of the agreement are only allowed if the entrepreneur has agreed to this, and:

  • They are the result of legal regulations or provisions; or

  • The consumer has the right to cancel the agreement as of the day the price increase takes effect.

The place of delivery is in accordance with Article 5, paragraph 1, of the Dutch Value Added Tax Act 1968, where delivery takes place in the country where the transport begins. In this case, the delivery takes place outside the EU. Following this, the postal or courier service will collect import VAT or customs clearance fees from the recipient. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typing errors. The entrepreneur is not liable for the consequences of printing or typing errors. In case of printing or typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal regulations and government provisions at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can make under the agreement with the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Returned products should be sent in the original packaging and in new condition.

The warranty period for the entrepreneur 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 or for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or had them repaired 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 on the packaging;

  • The defect is entirely or partially due to regulations imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

The place of delivery is the address provided by the consumer to the company.

Subject to the provisions of Article 4 of these general terms, the company will execute accepted orders as soon as possible, 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 fully or partially executed, the consumer will be notified within 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement at no cost and is entitled to any compensation.

In the event of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount the consumer paid as soon as possible, but no later than 30 days after cancellation.

If delivery of an ordered product proves impossible, the entrepreneur will make efforts to make a substitute product available. The substitution will be clearly communicated to the consumer at the time of delivery. For substitute products, the right of withdrawal cannot be excluded. The cost of any return shipment will be at the entrepreneur’s expense.

The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer or a representative designated and known to the entrepreneur, unless otherwise agreed.

Article 12 – Continuous Contracts: Duration, Cancellation, and Extension

Cancellation

The consumer may cancel an agreement entered into for an indefinite period and intended to regularly deliver products (including electricity) or services at any time, subject to the agreed cancellation terms and a notice period of no more than one month.

The consumer may cancel an agreement entered into for a definite period and intended to regularly deliver products (including electricity) or services at any time before the end of the fixed period, subject to the agreed cancellation terms and a notice period of no more than one month.

The consumer may cancel the agreements referred to in the previous paragraphs:

  • At any time, not limited to cancellation at a specific time or during a specific period;

  • At least in the same manner as the agreement was entered into;

  • Always with the same notice period as the entrepreneur has stipulated for themselves.

Extension

An agreement entered into for a fixed period and intended to regularly deliver products (including electricity) or services may not be automatically renewed or extended for a fixed period.

However, a fixed-term agreement entered into for regularly delivering daily, news, and weekly newspapers and magazines may be extended for a fixed period of up to three months, provided that the consumer can cancel the extended agreement at the end of the extension with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may only be extended for an indefinite period if the consumer can cancel it at any time with a notice period of no more than one month and a notice period of no more than three months in the case of agreements for the regular but less than once per month delivery of daily, news, and weekly newspapers and magazines.

A fixed-term agreement for the introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not continue automatically and will end after the trial or introductory period.

Duration

If an agreement lasts for more than one year, the consumer may cancel it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts when the consumer has received confirmation of the agreement.

The consumer has an obligation to promptly inform the entrepreneur of any inaccuracies in the provided or stated payment details.

In case of default by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted in full and clearly within 7 days after the consumer has noticed the defects.

Complaints submitted to the entrepreneur will be answered within 30 days from the receipt date. If a complaint requires foreseeable additional processing time, the entrepreneur will respond within the 30-day period with an acknowledgment and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur has indicated otherwise in writing.

If a complaint is upheld by the entrepreneur, they will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.