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 may exercise their right of withdrawal;
Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession, and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable data carrier: any device that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment at which the contract is concluded;
Means of distance communication: a tool that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same place;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Company name: Montelure
Chamber of Commerce (KvK) number:
Trade name:
VAT number:
Customer service email: montelure1@gmail.com
Business address: Satijnvlinderlaan 31, Son en Breugel, The Netherlands
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, where the terms can be inspected and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically in such a way that it can easily be stored by the consumer on a durable data carrier.
If, in addition to these general terms, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in case of conflicting provisions, the consumer may rely on the condition most favorable to them.
If one or more provisions of these terms are void or annulled, the remaining provisions shall remain in full force, and the void or annulled provision will be replaced by a valid one that approximates the original intent as closely as possible.
Situations not covered by these terms shall be assessed "in the spirit" of these general terms.
Ambiguities about the interpretation or content of one or more provisions shall also be interpreted "in the spirit" of these general terms.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this shall be expressly stated in the offer.
The offer is non-binding; the entrepreneur may change or withdraw the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description shall be sufficiently detailed to enable a proper assessment by the consumer. If the entrepreneur uses images, they shall be a true representation of the offered products and/or services. Obvious mistakes or errors do not bind the entrepreneur.
All images, specifications, and data are indicative and cannot give rise to compensation or termination of the contract.
Each offer shall contain information making it clear to the consumer what rights and obligations are associated with accepting the offer, including:
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The price, excluding import VAT and customs clearance fees (these will be borne by the consumer);
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Any shipping costs;
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The method by which the contract will be concluded and the necessary steps thereto;
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Whether or not the right of withdrawal applies;
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The method of payment, delivery, and performance;
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The period for accepting the offer or the period for which the price is guaranteed;
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The rate for distance communication if it differs from the basic rate;
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Whether the agreement will be archived and how it can be accessed by the consumer;
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The way the consumer can check and correct data before submitting the contract;
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Any languages other than Dutch in which the contract may be concluded;
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The codes of conduct the entrepreneur adheres to and how these can be accessed electronically;
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The minimum duration of the distance contract in the case of a continuing performance contract.
Optional: available sizes, colors, materials.
Article 5 – The Contract
The contract is concluded at the moment the consumer accepts the offer and meets the stated conditions.
If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance electronically. Until this confirmation has been received, the consumer may terminate the contract.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment.
The entrepreneur may, within the law, obtain information about the consumer’s ability to meet payment obligations and other relevant facts for responsibly entering into a distance contract. If justified, the entrepreneur may refuse an order or attach special conditions.
The entrepreneur shall provide the consumer, in writing or electronically, with the following information after delivery:
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The address for submitting complaints;
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Information on the right of withdrawal or its exclusion;
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Information on guarantees and after-sales service;
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The data mentioned in Article 4(3), unless already provided before conclusion;
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The conditions for termination of the contract if applicable.
Every contract is concluded under the condition of sufficient availability of the ordered products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to withdraw from the contract within 14 days without stating reasons. The cooling-off period starts the day after the consumer or a designated third party receives the product.
During the cooling-off period, the consumer shall handle the product and packaging carefully. The consumer shall only unpack or use the product as necessary to determine whether they wish to keep it.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur in writing or by email within 30 days. After notification, the consumer must return the product within 30 days. Proof of timely return must be provided (e.g., proof of shipment). Returns may be sent directly to the supplier in China.
If the consumer fails to comply within these terms, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the return shipping costs are fully borne by the consumer, including international return costs (e.g., to China).
If the consumer has made a payment, the entrepreneur will refund it as soon as possible, but no later than 30 days after withdrawal, provided that the product has been received back or conclusive proof of return has been provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for certain products or services if this is clearly stated in the offer or before the contract is concluded.
Exclusion applies to products:
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Made according to the consumer’s specifications;
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Clearly personal in nature;
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Which cannot be returned due to their nature;
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That spoil or age quickly;
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Whose price depends on market fluctuations beyond the entrepreneur’s control;
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Newspapers, magazines, and periodicals;
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Audio/video recordings or computer software whose seal has been broken;
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Hygienic products whose seal has been broken.
Exclusion applies to services:
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Related to accommodation, transport, catering, or leisure activities on a specific date or period;
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That have begun with the consumer’s explicit consent before the cooling-off period has ended;
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Related to betting or lotteries.
Article 9 – The Price
During the validity period of the offer, prices will not be increased except due to changes in VAT rates.
Products or services subject to financial market fluctuations may be offered at variable prices. This will be clearly indicated.
Price increases within three months after contract conclusion are only permitted if resulting from legal provisions.
Beyond three months, price increases are permitted if agreed and the consumer may cancel as of the date the increase takes effect.
Delivery takes place outside the EU; therefore, no VAT will be charged by the entrepreneur, but the postal or courier service may charge import VAT or customs clearance fees to the consumer.
All prices are subject to printing and typographical errors. The entrepreneur is not obliged to deliver at an incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that products and/or services comply with the contract, the specifications stated in the offer, and reasonable standards of usability and reliability.
Defects or incorrect deliveries must be reported in writing within 30 days after delivery. Returns must be in original packaging and new condition.
The warranty term corresponds to the manufacturer’s warranty period. The entrepreneur is not liable for suitability for individual use or advice on use or application.
The warranty does not apply if:
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The consumer or third party has repaired or modified the product;
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The product was exposed to abnormal conditions or used carelessly;
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The defect is due to government regulations concerning materials or quality.
Article 11 – Delivery and Execution
The entrepreneur shall take the greatest possible care in accepting and executing product orders.
Delivery address: as provided by the consumer.
Orders will be executed as soon as possible but within 30 days, unless a longer delivery time is agreed. Delays will be reported within 30 days. The consumer may then cancel and request a refund.
If delivery is impossible, the entrepreneur will offer a replacement item. In that case, the right of withdrawal remains intact, and return costs are borne by the entrepreneur.
Risk of damage or loss passes to the consumer upon delivery, unless otherwise agreed.
Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal
Termination
The consumer may terminate an indefinite contract for regular delivery of products or services at any time, with a notice period of no more than one month.
A fixed-term contract may be terminated at the end of the term, also with a notice period of no more than one month.
Termination must be possible in the same manner as the contract was concluded.
Renewal
Fixed-term contracts for regular delivery of products or services cannot be tacitly renewed for another fixed term.
Newspaper or magazine subscriptions may be tacitly renewed for up to three months, with termination possible at one month’s notice.
Contracts renewed for an indefinite term may be terminated at any time with one month’s notice (or three months for infrequent publications).
Trial subscriptions end automatically.
Duration
Contracts lasting more than one year may be terminated after one year with one month’s notice, unless fairness dictates otherwise.
Article 13 – Payment
Unless otherwise agreed, payment must be made within 7 working days after the start of the cooling-off period (Article 6(1)).
The consumer must report incorrect payment details immediately.
In case of non-payment, the entrepreneur may charge reasonable costs, provided these have been communicated in advance.
Article 14 – Complaints Procedure
Complaints about the execution of the contract must be submitted in writing within 7 days after discovering the defect.
Complaints will be answered within 30 days of receipt. If more time is needed, the consumer will be informed of the delay.
If no resolution is reached, the dispute may be submitted for settlement.
A complaint does not suspend the consumer’s obligations unless agreed in writing.
If a complaint is justified, the entrepreneur may replace or repair the product free of charge.
Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.