Terms and Conditions
Terms and Conditions Little Monster
Email: service@littlemonster.nl
Website: www.littlemonster.nl
Definitions
1. Little Monster: Little Monster, established in Amsterdam under Chamber of Commerce no. 77973577.
2. Customer: the person with whom Little Monster has entered into an agreement.
3. Parties: Little Monster and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, activities, orders and agreements
and deliveries of services or products by or on behalf of Little Monster.
2. The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
3. Parties exclude the applicability of additional and/or deviating general terms and conditions of the customer or of
third parties expressly.
Prices
1. All prices used by Little Monster are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
2. All prices used by Little Monster for its products, on its website or otherwise made known, Little Monster can change at any time.
3. Increases in the cost prices of products or parts thereof, which Little Monster could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
4. The consumer has the right 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. Samples and models If the customer has received a sample or model of a product, he has no other rights to it
then derive that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Payments and payment term
1. At Little Monster you can easily pay via iDEAL. iDEAL is a payment method that allows you to pay for your online purchases quickly and securely through your own bank. The amount is immediately debited from your account.
Little Monster receives a message from your bank that the order has been paid. With iDEAL you can pay if you use internet banking at ABN AMRO, ASN Bank, Friesland Bank, ING, Rabobank, SNS Bank, SNS Regio
Bank and Triodos Bank.
2. PayPal is the world's safest payment method, easy payment via Little Monster with your PayPal account. If you have purchased an item online and it does not match the description on the provider's website, then
PayPal Purchase Protection will refund the full amount (including shipping costs). PayPal Purchase Protection covers all your online purchases when you use PayPal.
3. Pay easily and securely online with your Mastercard Credit Card or with your Visa Credit Card in our secure payment environment. It is not possible to pay with your credit card upon delivery.
Right of advertising
1. As soon as the customer is in default, Little Monster is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. Little Monster invokes the right of recovery by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to Little Monster, unless the parties agree otherwise.
4. The costs for bringing back or returning the products will be borne by the customer.
Right of withdrawal
1. A consumer can dissolve an online purchase without giving any reason during a cooling-off period of 14 days
provided that:
- the product has not been used
- it is not a product that can spoil quickly, such as food or flowers
- it is not a product specially tailored or modified for the consumer
- it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
- the seal is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.)
- the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
- the product is not a loose magazine or newspaper
- the consumer has not waived his right of withdrawal
2. The reflection period of 14 days as referred to in paragraph 1 commences:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has confirmed that he will purchase digital content via the internet.
3. The consumer can make his appeal to the right of withdrawal known via service@littlemonster.com, if
desired using the withdrawal form that can be downloaded from the Little Monster website, www.littlemonster.com.
4. The consumer is obliged to return the product to Little Monster within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.
Reimbursement of delivery costs
1. If the consumer has made timely use of his right of withdrawal and as a result, the full
order has been returned to Little Monster, Little Monster will refund any shipping costs paid by the consumer within 14 days of receipt of the timely and complete returned order to the consumer.
2. The costs for delivery will only be borne by Little Monster insofar as the entire order is returned.
Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
right of retention
1. Little Monster can invoke its right of retention and, in that case, retain the customer's products until the customer has paid all outstanding invoices to Little Monster, unless the customer has
costs have been provided with sufficient security.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Little Monster.
3. Little Monster is never liable for any damage that the customer may suffer as a result of using his right of retention.
Settlement
Unless the customer is a consumer, the customer waives its right to set off a debt owed to Little Monster against a claim against Little Monster.
Retention of title
1. Little Monster retains ownership of all delivered products until the customer has fully complied with all its payment obligations to Little Monster under any agreement entered into with Little Monster, including claims for non-performance.
2. Until then, Little Monster can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
4. If Little Monster invokes its retention of title, the agreement will be deemed dissolved and Little Monster will be entitled to claim compensation, lost profit and interest.
Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at Little Monster, unless the parties have agreed otherwise.
3. Delivery of products ordered online will take place at the address indicated by the customer.
4. If the agreed amounts are not paid or not paid on time, Little Monster has the right to suspend its obligations until the agreed part has been paid.
5. In the event of late payment, there is creditor default, with the result that the customer cannot invoke a late delivery against Little Monster.
6. Next day delivery if ordered before 12 noon. the Netherlands and Belgium.
Delivery time
1. The delivery times specified by Little Monster are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time commences when the customer has fully completed the (electronic) ordering process and has received (electronic) confirmation thereof from Little Monster.
3. Exceeding the stated delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Little Monster cannot deliver within 14 days after being warned to do so in writing or the parties have agreed otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transportation costs
Transport costs are for the account of the customer, unless the parties have agreed otherwise. Shipping costs 6.95 within the Netherlands.
Packaging and shipping
1. If the packaging of a delivered product is opened or damaged, the customer must have the forwarding agent or delivery person make a note of this before receiving the product, failing which
Little Monster cannot be held liable for any damage.
2. If the customer arranges for the transport of a product himself, he must report any visible damage to products or the packaging to Little Monster prior to transport, failing which Little Monster cannot be held liable for any damage.
custody
1. If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of premature or late purchase of products will be fully borne by the customer.
Guarantee
1. The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material.
2. The guarantee does not apply in the case of normal wear and tear and damage caused by accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. 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 time when they are legally and/or actually delivered, at least in the
power come from the customer or from a third party who takes delivery of the product on behalf of the customer.
disclaimer
The customer indemnifies Little Monster against all third-party claims related to the products and/or services supplied by Little Monster.
Complaints
1. The customer must examine a product or service provided by Little Monster for possible shortcomings as soon as possible.
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer will inform Little Monster of this as soon as possible, but in any case within 1
month after discovery of the shortcomings.
3. Consumers must inform Little Monster of this within 2 months after the discovery of the shortcomings.
4. The customer provides a description of the shortcoming that is as detailed as possible, so that Little Monster is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Little Monster being forced to perform other work than has been agreed.
Notice of default
1. The customer must notify Little Monster of any notice of default in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Little Monster (in time).
Joint and several liability customer
If Little Monster enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts due to Little Monster under that agreement.
Liability Little Monster
1. Little Monster is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
2. If Little Monster is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
3. Little Monster is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
4. If Little Monster is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to (part of the) invoice amount to which the liability relates.
5. All images, photos, colours, 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.
Expiry period
Any right of the customer to compensation from Little Monster expires in any case 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 Civil Code.
Right to dissolution
1. The customer has the right to dissolve the agreement if Little Monster imputably fails to fulfill its obligations, unless this shortcoming, due to its special nature or minor significance,
dissolution does not justify.
2. If the fulfillment of the obligations by Little Monster is not permanently or temporarily impossible, dissolution can only take place after Little Monster is in default.
3. Little Monster has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if Little Monster has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.
Force of the majority
1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming by Little Monster in the fulfillment of any obligation towards the customer cannot be attributed to Little Monster in a situation beyond the control of Little Monster, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected of Little Monster.
2. 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.); non-performance and force majeure of suppliers, deliverers or
other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and
work interruptions.
3. If a force majeure situation arises as a result of which Little Monster cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Little Monster can fulfill them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
5. Little Monster does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.
Change of the agreement
1. If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. The previous paragraph does not apply to products purchased in a physical store.
Change of general terms and conditions
1. Little Monster is entitled to change or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Little Monster will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
1. Customer's rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Little Monster.
2. This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Civil Code.
Consequences nullity or voidability
1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Little Monster had in mind when drawing up the terms and conditions on that point.
Applicable law and competent court
1. Dutch law applies exclusively to every agreement between the parties.
2. The Dutch court in the district where Little Monster has its registered office / practice / office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.
Drafted September 29, 2022.