Terms of Service
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of MonkeysFIT
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 - Duration, Termination, and Renewal of Long-Term Contracts
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions
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: the natural person who does not act in the course of a profession or business and enters into a distance agreement with MonkeysFIT;
Day: calendar day;
Long-term transaction: a distance agreement concerning a series of products and/or services, where the delivery and/or performance obligation is spread over time;
Durable data carrier: any means that allows the consumer or MonkeysFIT to store information directed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the consumer's option to withdraw from the distance agreement within the cooling-off period;
Model withdrawal form: the model withdrawal form provided by MonkeysFIT that a consumer can use when exercising their right of withdrawal;
MonkeysFIT: the natural or legal person offering products and/or services at a distance to consumers;
Distance agreement: an agreement where, within the framework of a system organized by MonkeysFIT for distance selling of products and/or services, only one or more techniques for communication at a distance are used up to and including the conclusion of the agreement;
Technique for communication at a distance: a means that can be used to conclude an agreement without the consumer and MonkeysFIT being simultaneously present in the same space;
General Terms and Conditions: the present General Terms and Conditions of MonkeysFIT.
Article 2 - Identity of MonkeysFIT
MonkeysFIT
Rustenbergherstraat 46
Email address: info@monkeysfit.com
Chamber of Commerce number: 91161428
VAT identification number: NL004870448B50
Article 3 - Applicability
These general terms and conditions apply to every offer made by MonkeysFIT and to every distance agreement concluded between MonkeysFIT and the consumer.
Before the distance 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 conclusion of the distance agreement that the general terms and conditions are available for inspection at MonkeysFIT's premises and will be sent free of charge at the consumer's request as soon as possible.
If the distance agreement is concluded electronically, in derogation 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 electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the conclusion of the distance agreement where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer by electronic means or in another way upon request.
In the event that in addition to these general terms and conditions, specific product or service conditions are also applicable, paragraphs two and three shall apply by analogy, and in the event of conflicting general terms and conditions, the consumer may always rely on the provision applicable to them that is most favorable.
If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced by a provision agreed upon in mutual consultation as closely as possible to the original.
Matters not provided for in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. MonkeysFIT is entitled to change and adjust the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If MonkeysFIT uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind MonkeysFIT.
All images, specifications, and data in the offer are indicative and cannot be the basis for compensation or dissolution of the agreement.
Images accompanying products are a truthful representation of the offered products. MonkeysFIT cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains information that makes it clear to the consumer what the rights and obligations are related to the acceptance of the offer. This particularly concerns:
the price including taxes;
any shipping costs;
the way in which the agreement will be concluded and the actions required for it;
the applicability or non-applicability of the right of withdrawal;
the method of payment, delivery, and execution of the agreement;
the period for acceptance of the offer, or the period within which MonkeysFIT guarantees the price;
the communication cost rate for distance communication if the costs of using distance communication technology are calculated on a basis other than the regular base rate for the used communication method;
whether the agreement will be archived after its conclusion, and if so, how the consumer can access it;
how the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him in the context of the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which MonkeysFIT is subject and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the case of a long-term transaction.
Article 5 - The Agreement
The agreement is concluded, subject to the provisions of section 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions stipulated therein.
If the consumer has accepted the offer electronically, MonkeysFIT promptly confirms, by electronic means, the receipt of the acceptance of the offer. As long as the receipt of this acceptance is not confirmed by MonkeysFIT, the consumer can terminate the agreement.
If the agreement is concluded electronically, MonkeysFIT takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure web environment. If the consumer can pay electronically, MonkeysFIT will take suitable security measures for this purpose.
Within legal frameworks, MonkeysFIT can ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are relevant for a responsible conclusion of the distance agreement. If, based on this examination, MonkeysFIT has valid reasons not to enter into the agreement, it is entitled to refuse a request or order with justification or to attach specific conditions to its execution.
MonkeysFIT will include with the product or service the following information for the consumer in a written form or in a way that the consumer can store it in an accessible manner on a durable medium:
The visiting address of MonkeysFIT's establishment where the consumer can address complaints;
The terms and conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear indication regarding the exclusion of the right of withdrawal;
Information about warranties and existing post-purchase services;
The data included in article 4, section 3 of these terms, unless MonkeysFIT has already provided this data to the consumer before executing the agreement;
The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuing transaction, the provision in the preceding section applies only to the initial delivery.
Every agreement is entered into subject to the suspensive condition of sufficient availability of the respective products.
Article 6 - Right of Withdrawal
In the case of product delivery:
When purchasing products, the consumer has the option to terminate the agreement within 14 days without specifying any reasons. This reflection period begins on the day following the consumer's receipt of the product or a representative designated in advance by the consumer and made known to MonkeysFIT.
During this reflection 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 it. If they choose to exercise their right of withdrawal, they will return the product to MonkeysFIT along with all supplied accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by MonkeysFIT.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify MonkeysFIT within 14 days after receiving the product. The consumer should do this using the standard withdrawal form. Once the consumer has indicated their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the goods were returned in a timely manner, for example, by means of a proof of shipment.
If, after the expiration of the periods mentioned in sections 2 and 3, the customer has not indicated their intention to exercise their right of withdrawal, or has not returned the product to MonkeysFIT, the purchase becomes final. In the case of service delivery:
In the case of service delivery, the consumer has the opportunity to terminate the agreement without stating any reasons for at least 7 days, starting from the day the agreement was made.
To exercise their right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by MonkeysFIT in the offer or at the time of delivery.
Sale items are excluded from the right of withdrawal; in this regard, we evaluate on a case-by-case basis. You can contact our customer service for further information.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the maximum cost of returning the product shall be borne by the consumer.
If the consumer has made a payment, MonkeysFIT shall refund this amount as soon as possible, but no later than within 14 days after withdrawal. However, this is subject to the condition that the product has already been received back by MonkeysFIT or conclusive evidence of complete return shipment has been provided. The refund will be made using the same payment method used by the consumer, unless the consumer explicitly gives permission for an alternative payment method.
In case of damage to the product due to careless handling by the consumer, the consumer is liable for any resulting depreciation in the product's value.
The consumer cannot be held liable for any decrease in the product's value if MonkeysFIT has not provided all legally required information regarding the right of withdrawal before concluding the purchase agreement.
Article 8 - Exclusion of the Right of Withdrawal
MonkeysFIT may exclude the consumer's right of withdrawal for products as described in sections 2 and 3. The exclusion of the right of withdrawal applies only if MonkeysFIT has clearly indicated this in the offer, or at least in a timely manner before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been made according to the consumer's specifications by MonkeysFIT;
that are clearly of a personal nature;
that cannot be returned due to their nature;
that can quickly spoil or age;
where the price is tied to fluctuations in the financial market over which MonkeysFIT has no control;
for loose 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.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
of which the delivery has begun with the express consent of the consumer before the withdrawal period has expired;
relating to betting and lotteries.
Article 9 - The Price
During the validity period mentioned 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.
Notwithstanding the preceding paragraph, MonkeysFIT may offer products or services whose prices are subject to fluctuations in the financial market and over which MonkeysFIT has no control, at variable prices. The commitment to these fluctuations and the fact that any prices mentioned may be indicative will be specified in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if MonkeysFIT has stipulated this and:
they result from statutory regulations or provisions; or
the consumer has the authority to terminate the agreement on the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, MonkeysFIT is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
MonkeysFIT guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability, and with the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed upon, MonkeysFIT also ensures that the product is suitable for uses other than normal use.
A warranty provided by MonkeysFIT, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against MonkeysFIT based on the agreement.
Any defects or incorrectly delivered products must be reported to MonkeysFIT in writing within 4 weeks after delivery. Return of the products must be made in the original packaging and in new condition.
MonkeysFIT's warranty period corresponds to the manufacturer's warranty period. However, MonkeysFIT 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.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or has 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 MonkeysFIT and/or those indicated on the packaging;
The inadequacy 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
MonkeysFIT shall exercise the utmost care when receiving and executing orders for products and assessing requests for the provision of services.
The place of delivery shall be the address communicated by the consumer to MonkeysFIT.
Subject to what is stated in paragraph 4 of this article, MonkeysFIT shall 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 only partially executed, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to any damages in such instances.
All delivery times are indicative. The consumer cannot derive any rights from any specified deadlines. Exceeding a deadline does not entitle the consumer to compensation.
In the event of termination pursuant to paragraph 3 of this article, MonkeysFIT shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days after termination.
If delivery of an ordered product proves impossible, MonkeysFIT will make efforts to provide a substitute item. It shall be clearly and understandably communicated upon delivery that a substitute item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by MonkeysFIT.
The risk of damage and/or loss of products lies with MonkeysFIT until the moment of delivery to the consumer or a designated representative made known to MonkeysFIT, unless expressly agreed otherwise.
Article 12 – Duration, Termination, and Renewal of Long-Term Contracts
Termination
The consumer may terminate an agreement that is concluded for an indefinite period and that aims to regularly deliver products (including electricity) or services at any time, observing agreed termination rules and a notice period of up to one month.
The consumer may terminate an agreement that is concluded for a definite period and that aims to regularly deliver products (including electricity) or services at any time by the end of the defined duration, observing agreed termination rules and a notice period of up to one month.
The consumer may terminate the agreements mentioned in the previous clauses:
at any time and not limited to termination at a specific time or within a specific period;
terminate them at least in the same way as they were entered into by the consumer;
always terminate them with the same notice period as agreed upon by MonkeysFIT.
Renewal
An agreement concluded for a definite period and that aims to regularly deliver products (including electricity) or services may not be tacitly renewed or extended for a definite duration.
Notwithstanding the previous clause, an agreement concluded for a definite period and that aims to regularly deliver 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 extension period, with a notice period of up to one month.
An agreement concluded for a definite period and that aims to regularly deliver products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it 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 aims to regularly deliver daily, news, and weekly newspapers, and magazines but less than once a month.
An agreement with a limited duration for the purpose of introducing or providing familiarity with daily, news, and weekly newspapers, and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the trial or introductory period.
Duration
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
Unless otherwise agreed, the amounts owed by the consumer must be settled within 7 working days after the start of the reconsideration period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report inaccuracies in provided or stated payment details to MonkeysFIT.
In the event of default by the consumer, MonkeysFIT, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
MonkeysFIT has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted in full and clearly described to MonkeysFIT within 7 days after the consumer has identified the defects.
Complaints submitted to MonkeysFIT will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, MonkeysFIT will respond within the 14-day period with an acknowledgment of receipt 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 susceptible to the dispute settlement procedure.
A complaint does not suspend MonkeysFIT's obligations unless MonkeysFIT indicates otherwise in writing.
If a complaint is found to be justified by MonkeysFIT, MonkeysFIT will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law exclusively applies to agreements between MonkeysFIT and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 – Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions shall 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 medium.