Terms and Conditions

TERMS AND CONDITIONS

1. Identity of the Seller
   MONKOSE is a company with its registered office at Vaartkom 31 bus 0803, 3000 Leuven, Belgium. MONKOSE is registered under reference number 1013761846, with VAT number BE1013761846, telephone number +32476322600, and email address hello@monkose.com ("Seller").
   
   
2. Application
   These general terms and conditions (“General Terms and Conditions”) govern the relationship between the buyer and the Seller and are therefore applicable to every agreement entered into between the Seller and the buyer.
   
   An agreement refers to any direct sale as well as any distance sale (including, but not limited to, sales via the webshop). Before a distance sale is concluded, these General Terms and Conditions are made known to the buyer. By placing an order, the buyer agrees to these General Terms and Conditions.
   
   
3. Offer, Price, and Payment
   All stated prices are expressed in EURO. The price quote refers exclusively to the product as described in words. Accompanying photos are decorative and may contain elements that are not included in the price or differ from the described product. For instance, the color of a product in reality may deviate from the color shown in the photo.
   
   The offer is always valid while stocks last and can be adjusted or withdrawn by the Seller at any time. The Seller cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is subject to other specific conditions, this will be expressly stated in the offer.
   
   If a specific product proves to be out of stock, the buyer will be informed in a timely manner. In this case, the buyer is always entitled to a full refund for the unavailable product. If applicable, the buyer and Seller may decide by mutual agreement whether the refund will be made in cash or in the form of a voucher.
   
   
4. Sanctions for Non-Payment
   Without prejudice to the exercise of other rights available to the Seller, in the event of non-payment or late payment, the buyer shall owe interest of 10% per year on the unpaid amount by operation of law and without prior notice of default, starting from the date of the breach. Furthermore, the buyer is liable by operation of law and without notice for a fixed compensation of 10% of the relevant amount, with a minimum of 25 EUR per invoice. Notwithstanding the foregoing, the Seller reserves the right to take back items that have not been paid for in full.
   
   
5. Delivery
   Products are only delivered to the countries for which the website permits delivery.
   The delivery of products will take place as soon as possible and, in principle, no later than eight (8) working days after the order is placed. The buyer bears the responsibility for providing the correct delivery address. Any costs resulting from an incorrectly provided delivery address shall be borne by the buyer.
   
   The delivery periods stated on the website are not binding and are purely indicative. No delay in delivery can give rise to the termination of the agreement or the payment of damages to the buyer, except in the case of intentional delay. The Seller has the right to carry out the delivery in several parts.
   Any delivery costs will always be communicated to the buyer prior to placing the order; any delivery costs are borne by the buyer.
   
   
6. Retention of Title
   The delivered products remain the property of the Seller until full payment of the price, including all costs and charges, interest on arrears, and compensations. In the event of non-payment, the Seller reserves the right to take back the products; any resulting costs shall be borne by the buyer.
   
   
7. Right of Withdrawal
   The provisions of this Article 7 apply only to buyers who, in their capacity as consumers, purchase products at a distance via the Seller's website.
   
   The buyer has the right to withdraw from the agreement within a period of fourteen (14) calendar days without giving any reason. The withdrawal period expires fourteen (14) calendar days after the day on which the buyer or a third party designated by the buyer, who is not the carrier, takes physical possession of the product. The communication regarding the exercise of the right of withdrawal must be made by the buyer before the withdrawal period expires.
   
   The buyer must return or hand over the products to the Seller immediately, but in any case no later than fourteen (14) calendar days after the day on which the buyer notified the Seller of their decision to withdraw from the agreement. The buyer is on time if he/she returns the products before the period of fourteen (14) calendar days has expired. The buyer bears the full cost of returning the product.
   If a returned product has decreased in value in any way, the Seller reserves the right to hold the buyer liable and claim compensation for any decrease in the value of the product resulting from use by the buyer that goes beyond what is necessary to establish the nature, characteristics, and functioning of the product.
   
   Only items in their initial state and original packaging, together with all accessories, instructions for use, and the invoice or proof of purchase, can be accepted for return.
   
   If the buyer withdraws from the agreement, the Seller shall refund all payments received from the buyer up to that point, excluding delivery costs, within a maximum of fourteen (14) calendar days after the Seller has been informed of the buyer's decision to withdraw. For sales contracts, the Seller may wait with the refund until it has received all products back, or until the buyer has demonstrated that he/she has returned the products, whichever is the earliest.
   
   The Seller will refund the buyer using the same means of payment as the buyer used for the original transaction, unless the buyer has expressly agreed otherwise. No fees will be charged to the buyer for such reimbursement.
   
   
8. Force Majeure
   In the event of force majeure, the Seller is not obliged to fulfill its obligations. In such a case, the Seller may either suspend its obligations for the duration of the force majeure or definitively dissolve the agreement without being liable for any compensation.
   
   Force majeure is any circumstance beyond the will and control of the Seller that prevents the fulfillment of its obligations in whole or in part. Such circumstances include, but are not limited to: strikes, fire, business disruptions, energy failures, disruptions in a (telecommunications) network or connection or used communication systems, and/or the unavailability of the Seller's website (and/or its partners for the shipment and/or payment of products) at any time, or non-delivery or late delivery by suppliers.
   
   
9. Warranty
   Under the Belgian Law of September 21, 2004, regarding the protection of consumers in the sale of consumer goods (i.e. “Wet betreffende de bescherming van de consumenten bij verkoop van consumptiegoederen”), the consumer has legal rights. Every product is subject to the legal warranty from the date of purchase (or delivery, if applicable) to the first owner. Any commercial warranty leaves these rights unaffected. To invoke the warranty, the buyer must be able to present proof of purchase.
   
   For items purchased online and delivered to the buyer's home, the buyer must contact the Seller in advance, after which the buyer must return the item to the Seller at his/her own expense. Any defect must be reported within one (1) month of its discovery. After this period, any right to repair or replacement expires.
   
   The (commercial and/or legal) warranty never applies to defects arising from accidents, neglect, falls, abnormal or incorrect use, use of the product contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, adjustments or changes to the item, heavy-handed use, poor maintenance, or abnormal use.
   
   Furthermore, this warranty does not apply to products with a shorter lifespan or wear-and-tear items. Defects that manifest after a period of 6 months following the date of purchase (or delivery, if applicable) are deemed not to be hidden defects, unless the buyer proves otherwise. The warranty is non-transferable.
   
   
10. Liability
    The Seller is not liable for human damage, business damage, indirect damage, and/or consequential damage including, but not limited to, loss of time, emotional damage, loss of income, or loss of an opportunity, which would directly or indirectly result from a purchased product.
    
    Any contractual or non-contractual liability of the Seller is always limited to the amount effectively paid by the buyer for the order concerned, regardless of the cause and extent of the damage.
    
    
11. Privacy
    The Seller undertakes to use the buyer's data exclusively for: (i) the execution of the agreement between the Seller and the buyer and (ii) sending non-binding information about the Seller.
    
    The Seller treats the buyer's data as confidential information and it will not be passed on, rented, or sold to third parties. The buyer can request, correct, change, or have their data deleted at any time. The buyer can also refuse to allow the Seller to use their data to send them information.
    
    
12. Miscellaneous Provisions
    Evidence: The buyer accepts that electronic communications and backups can serve as evidence.
    
    Severability: If a provision or article of these General Terms and Conditions is declared invalid, illegal, or void, this shall in no way affect the application of the remaining provisions.
    
    Waiver: The fact that the Seller fails to demand the strict application of any of the provisions of these General Terms and Conditions cannot be considered a tacit waiver of the rights held by the Seller under these General Terms and Conditions and does not prevent the Seller from demanding strict compliance with the General Terms and Conditions at a later date.
    
    Amendment of General Terms and Conditions: The Seller reserves the right to change these General Terms and Conditions at any time without prior notice. The General Terms and Conditions can be supplemented with other (special) conditions if explicit reference is made to these other (special) conditions.
    
    Intellectual Property: The complete content of the website, including texts, visual elements, sound elements, as well as the technology used for it, photos, images, moving images, sounds, illustrations, and software are the property of the Seller (or its suppliers, related companies, licensees, or content providers). The aforementioned content is protected by copyright or other intellectual property rights. This content may therefore only be used by third parties after prior written permission from the owner(s) involved.
    
    
13. Applicable Law
    Belgian law applies, with the exception of the provisions of private international law regarding applicable law. The courts of the consumer's place of residence have jurisdiction in legal disputes; however, if the buyer is not a consumer, the courts of Leuven shall have exclusive jurisdiction.