Monari’s General Terms and Conditions for Consumers
Article 1 – Definitions
In these General Terms and Conditions, the stated terms have the following meaning:
Consumer
The natural person who acts for purposes outside their business activity or professional activity.
Contract
Any distance contract that is concluded between Monari and the Consumer in the context of an organised system for selling, such as Monari’s Website, which exclusively uses one or more means of distance communication, including changes thereof or additions thereto.
Day
Calendar day.
General Terms and Conditions
These general terms and conditions of Monari.
Monari
BBG Fashion GmbH, having its registered office at Jöbkesweg 19-23, 48599 Gronau, Germany.
German Commercial Register registration number: HRB 5982
Telephone number: +49 800/4448765
E-mail: onlineshop@monari.com
Parties
Monari and the Consumer jointly.
Product/Products
All products offered, sold and/or manufactured by Monari.
Website
www.monari.com
Written/In Writing
Via e-mail, through a contact form on the Website and/or by post.
Article 2 – Applicability
2.1 These General Terms and Conditions apply to every offer made by Monari and to any distance Contract that is formed between Monari and the Consumer.
2.2 Placing an order on the Website means that the applicability of these General Terms and Conditions is accepted. The General Terms and Conditions are made available to the Consumer before the Contract is concluded.
2.3 Monari’s General Terms and Conditions can also be consulted on the Website (www.monari.com).
2.4 Monari expressly excludes any general terms and conditions or general purchase conditions of the Consumer.
2.5 Any stipulations varying from or additions to these General Terms and Conditions are only valid if they have expressly been agreed In Writing.
Article 3 – Offer and formation of Contract
3.1 Unless expressly stated otherwise, all offers, prices, payments and time limits are without obligation.
3.2 Offers may apply for a limited period or on specific conditions, which Monari will state in or with the offer. Images of the Products on the Website are as truthful as possible, but there may be slight deviations between the images on the Website and the Products delivered by Monari. The offer includes a complete and accurate description of the offered Product. Obvious mistakes or manifest errors in an offer made by Monari are not binding on Monari.
3.3 A Contract is formed only after the Consumer has placed and completed their order. Monari subsequently confirms the placement of the order In Writing. The Consumer has the right to terminate the Contract for breach as long as Monari has not provided this Written confirmation.
3.4 Any additional arrangements or changes made at a later point in time, as well as any oral or Written commitments by and/or arrangements with subordinates and/or employees of Monari are not binding on Monari, unless Monari has confirmed them In Writing.
3.5 Manifest errors or clerical errors and mistakes on the Website and/or in the conformation e-mail are not binding on Monari.
Article 4 – Right of withdrawal
4.1 The Consumer may revoke the Contract relating to the purchase of a Product during a reflection period of 14 days without giving reasons. Monari may ask the Consumer for the reason of the revocation, but may not oblige them to give their reason/reasons.
4.2 This period starts on the day after the Consumer or a third party that the Consumer has designated, who is not the carrier, takes physical possession of the goods, or:
• if the Consumer has ordered several Products in the same order: the day after the Consumer takes physical possession of the last Product;
• if the delivery of goods consists of various shipments or parts: the day after the Consumer takes physical possession of the last shipment or the last part.
4.3 If the Consumer exercises their right of withdrawal, Monari is informed of this In Writing within the reflection period (possibly by using the model withdrawal form.
4.4 During the reflection period, the Consumer will handle the Product and Product packaging with care. The Consumer is liable for the Product’s reduction in value if the Product was treated in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning thereof.
4.5 Monari reserves the right to only reimburse the residual value of the returned Products if the Products have been damaged at the Consumer’s risk or by the fault of the Consumer or have otherwise suffered a reduction in value as a result of a treatment of the Products in a manner that goes beyond what was necessary to establish the nature, characteristics and functioning of the goods.
4.6 The Consumer must return the Products as soon as possible, but no later than within 14 days of the Written notification of withdrawal as formulated in Article 4.3 of these General Terms and Conditions. The Consumer must return the Products to BBG Fashion GmbH, Jöbkesweg 19 - 23, 48599 Gronau.
4.7 Without prejudice to the right of withdrawal, the Consumer must return the Product in the original packaging and unopened as much as possible and must damage the packaging as little as possible. The risk and the burden of proof with respect to the correct exercise of the right of withdrawal in good time are on the Consumer. The Consumer is liable for any reduction in value of the Product if the Consumer went beyond what is necessary to establish the nature, characteristics and functioning of the Product.
4.8 Monari bears the costs of returning the Products.
4.9 If the Consumer has given the Written notification of withdrawal electronically, Monari immediately sends a Written confirmation of receipt after it has received this notification.
4.10 Monari reimburses the purchase price of the Products as soon as possible but in any event within 14 days of the day on which the Consumer communicated the withdrawal In Writing. Unless Monari offers to collect the Product itself, before making any repayment Monari may wait for the Product to have been received or until the Consumer demonstrates that they have returned the Product, whichever occurs first.
4.11 For this repayment, Monari uses the same means of payment that the Consumer used, unless the Consumer agrees to a different method.
4.12 The following Products are excluded from the right of withdrawal:
• products that after delivery were irrevocably mixed with other products on account of their nature.
Article 5 – Prices and promotions
5.1 All stated prices apply per Product, are in euros and include all taxes and surcharges.
5.2 All stated prices are exclusive of shipping costs. Unless delivery free of charge has been agreed on, the Consumer must pay for the shipping costs.
5.3 If Monari has a promotion that entails that the Consumer receives a free Product with a minimum order value, the Consumer only receives a free Product with an order if this minimum order value has been achieved. The free Product forms part of the original order, and the minimum order value will be stated with the promotion.
5.4 If the Consumer returns the complete order, the free Product must be returned as well.
5.5 If the Consumer partially returns the order, and the minimum order value defined in Article 5.3 of these terms and conditions is no longer achieved as a result of this partial return, the Consumer must also return the free Product.
Article 6 – Payment
6.1 Unless expressly agreed otherwise In Writing, payment by the Consumer is made using one of the payment methods offered on the Website upon completing the order.
6.2 Monari is entitled to suspend the performance of obligations under the Contract in case of an attributable failure by the Consumer to fulfil their obligations or payment obligations under the Contract.
6.3 If the Consumer does not fulfil their payment obligations in good time, after Monari has informed the Consumer In Writing of the late payment and the Consumer was allowed a period of 14 days from the date of receipt of the Written notice to as yet fulfil their payment obligations, the Consumer must pay statutory interest on the outstanding amount if payment is not made within this period of 14 days, and Monari is entitled to charge the extrajudicial collection costs incurred.
6.4 In case of advance payment the Products remain the property of Monari until the purchase price has been paid in full.
Article 7 – Special arrangements on payment methods
7.1 Entitlement check: If the Consumer pays in arrears, for example in case of payment on account or direct debit, the Consumer’s details are passed on to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, Germany, for the performance of a credit check by means of a mathematical and statistical process. Monari reserves the right to refuse the payment method ‘on account’ or ‘direct debit’ based on the outcome of this check.
7.2 Payment via Klarna: Monari offers the following payment options in collaboration with Klarna Bank AB (publ). Every payment is made to Klarna. Positive credit check required. Monari can only offer payment methods available based on this check. More info: www.klarna.com/de/
7.3 Payment via PayPal: Payments are processed by PayPal (Europe) S.à.r.l. et Cie, S.C.A., Luxembourg. PayPal may engage other services. Consumer informed separately about special conditions. More info: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full
Article 8 – Delivery
8.1 Monari delivers the Products to the Consumer as soon as possible, but no later than within 30 days.
8.2 Delivery dates stated by Monari in the order confirmation are not strict deadlines, unless law requires otherwise.
8.3 If the maximum statutory delivery period of 30 days is exceeded, the Consumer has the right to terminate the Contract for breach at no cost. Payments are returned within 14 working days after notice.
8.4 Delivery is made to the address specified by the Consumer.
8.5 Product is at Consumer’s risk from the moment of delivery, unless the Consumer has engaged a carrier not designated by Monari.
Article 9 – Conformity / non-conformity
9.1 Product must conform to the Contract. Must comply with description, type, quantity, quality, functionality communicated; suitable for intended use accepted by Monari; suitable for normal purposes of product type.
9.2 Consumer must inform Monari In Writing promptly if Product does not conform.
9.3 Consumer cannot claim non-conformity if not informed Monari timely.
9.4 Monari may repair, replace, or refund Products. Costs of remedy borne by Monari. If remedy impossible or disproportionate, Consumer may opt for termination or price reduction.
9.5 Claims lapse if Products cannot be identified as Monari’s; defects due to wear or misuse; Monari not given chance to inspect; Consumer failed obligations.
9.6 Complaints about defects lapse two years after delivery.
Article 10 – Liability
Monari is not liable for defects resulting from faulty use, including ignoring packaging or user manual instructions.
Article 11 – Engaging third parties
Monari may engage third parties to perform the Contract. These parties may act as Monari employees.
Article 12 – Force majeure
12.1 Force majeure occurs if Monari is prevented from fulfilling obligations due to circumstances beyond its control, e.g., natural disasters, epidemics, war, strikes, transport problems, stock shortages.
12.2 In force majeure, Monari may suspend or cancel obligations without liability. If lasts >3 months, both parties may terminate Contract In Writing.
Article 13 – Intellectual property
All intellectual property rights, including copyrights, trademarks, design rights, and database rights on Products, information, texts, images, logos, Website layout belong to Monari. Consumer acknowledges and will not infringe.
Article 14 – Privacy
Monari processes personal data in accordance with its privacy statement.
Article 15 – Complaints procedure
15.1 Complaints must be submitted In Writing, fully and clearly via onlineshop@monari.de promptly after Consumer discovers defects.
15.2 Complaints answered within 14 days. Longer processing: confirmation within 14 days indicating expected response time.
15.3 Consumer must allow at least 4 weeks to resolve complaints in consultation with Monari.
Article 16 – Applicable law and competent court
16.1 Dutch law exclusively applies to these General Terms and Conditions and all Contracts.
16.2 All disputes from or in connection with the Contract are exclusively settled by the competent Court of Overijssel.
16.3 Vienna Sales Convention is excluded.