TERMS AND CONDITIONS
1. Scope of the General Terms and Conditions
The following basic terms and conditions apply to all orders and contractual agreements placed with Monday Merch or between Monday Merch and buyers of products of Monday Merch. Additionally, these General Terms and Conditions apply to all offers and deliveries made by Monday Merch unless the parties have agreed to deviate from these General Terms and Conditions.
Only if Monday Merch has specifically confirmed in writing before or at the time of the contract's conclusion that the contract's general terms and conditions differ from those of the contractual partner will the contract be valid.
The contracting party expressly waives the application of its own general terms and conditions (of sale), regardless of whether they have been published or made known, and accepts these general terms and conditions of sale by making an order and/ or using this website.
2. Offers, Acceptance and Conclusion of Contract
Only the confirmation of the contracting party's order by Monday Merch or the delivery of the contractual goods by Monday Merch constitutes the conclusion of a contract between Monday Merch and the contracting party.
Monday Merch’s offer serves to inform the contracting party and is effective for a maximum of 2 weeks. Monday Merch is not legally bound by offers and quotes unless otherwise stated. Monday Merch’s offers may be modified, including price quotes, at any time and may result in an adjustment to the pricing due to wages, product availability, raw material prices, shipping rate changes in case of fluctuations of gasoline prices or exchange rates change. Monday Merch’s display of items in the online store does not, in itself, constitute a legally binding offer given by Monday Merch. Monday Merch strives to abide by the offer as given but retains the right to alter items if needed due to production.
Offers and quotations do not apply to repeat orders unless the parties have expressly agreed in writing.
Orders and quotations are considered accepted if Monday Merch confirms such in writing. Monday Merch reserves the right to withdraw offers within 3 days of receiving the acceptance, without the contracting party being able to derive any rights from this.
3. Prices and Payment
Unless specifically indicated or agreed upon otherwise, all prices quoted by Monday Merch shall be applicable in addition to the applicable statutory VAT as well as other costs, such as administration fees, taxes, and travel, shipping, or transport costs. All prices quoted by Monday Merch are in Euros.
Monday Merch reserves the right to adjust prices of its products. The contracting party must have made payments in arrears within 7 days after signing the price quote. Monday Merch reserves the right to withhold on executing orders and to make a delivery conditional on immediate payment or to require security for the total amount of the services or products. If the contracting party has not paid the agreed amount by the last day of the payment period, they are legally in default and in breach of contract, without Monday Merch having to send the contracting party a reminder or having to send a notice of default.
During the ordering procedure, the contracting party shall be made aware of the available payment options. Price quotes and invoices may only be paid with bank transfer (SEPA) and only with the express and written agreement of Monday Merch may payment methods other than bank transfer be acceptable.
The contracting party consents to receiving invoices only electronically.
If the contracting party fails to pay within the agreed period, Monday Merch shall be entitled to charge the statutory interest rate of 8% per month for commercial transactions from the day the contracting party is in default, with part of a month counting as a whole month. If the contracting party is in default, it shall also owe extrajudicial collection costs and any damages to Monday Merch. Collection costs are calculated according to the Decree on compensation for extrajudicial collection costs.
In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the contracting party, Monday Merch's claims against the contracting party shall become immediately due and payable.
Unless agreed otherwise, the goods will be delivered to Monday Merch’s warehouse or the address specified by the contracting party in the main agreement.
Should Monday Merch be unable to deliver due to issues from the contracting party, the contracting party owes Monday Merch the extra costs that may incur due to the inability to deliver. Monday Merch reserves the right to forego this compensation. These issues can include but are not limited to cases where the contracting party does not provide Monday Merch with the necessary information to ship properly such as a phone number, email recipient, availability to accept the package and paying customs fees if necessary. Monday Merch reserves the right to forego this compensation.
Delivery times quoted by Monday Merch are indicative and, if exceeded, shall not entitle the contracting party to rescission or compensation unless the parties have expressly agreed otherwise in writing. Exceeding the stated delivery time does not entitle the contracting party to compensation or the right to dissolve the agreement, unless Monday Merch is unable to deliver within 14 days after written notice or the parties have agreed otherwise. A late payment will cause the delivery date to be delayed to coincide with the payment's receipt. Production will begin after the contracting party has provided its written consent on the invoice or price quotation unless other contractual agreements were established, such as the contracting party not having to pay until the goods are delivered to the contracting party.
In any case, Monday Merch shall be exempt from both its delivery obligations and its liabilities for late deliveries in the event of a force majeure. Instances of force majeure include but are not limited to supplier delays in delivering raw materials, strikes or lockouts, import or export restrictions, fire, wars, riots, natural catastrophes, and/or governmental actions, 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, unforeseen transport problems, bad weather conditions and work interruptions. In these situations, Monday Merch reserves the right to terminate the contract whole or in part, or temporarily halt its execution, without the contracting party being entitled to seek damages, compensation or the dissolution of the contract. From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in full or in part.
Monday Merch shall be entitled to partial delivery under the following requirements: the delivery of the remaining goods is ensured and the contracting party is not subjected to an unreasonable amount of additional costs or expenses due to the partial delivery or if Monday Merch were to agree to pay the unreasonable amount of additional costs or expenses and if the partial delivery is not unreasonable for the contracting party for other reasons.
If the packaging of a delivered product has been opened or damaged, the contracting party must, before taking delivery of the product, have a note of this made by the forwarder or delivery person. Failure of this means that Monday Merch cannot be held liable for any damage. If the contracting party arranges for transport of a product themselves, they must report any visible damage to products or packaging to Monday Merch prior to transport. Failure of this means that Monday Merch cannot be held liable for any damage.
Monday Merch also offers Fast Track Delivery, meaning the contracting party has priority in the design process, production and warehouse process as well as express shipping. In order for Fast Track Delivery to apply, the contracting party and Monday Merch have to agree on a specific delivery date in writing. Should Monday Merch be unable to deliver on the specific delivery date due to issues from the contracting party, the contracting party owes Monday Merch the extra costs that may incur due to the inability to deliver. Exceeding the stated delivery date due to issues from Monday Merch, excluding force majeure and delivery issues caused by the contracting party, will lead to Monday Merch compensating the contracting party with 25% of the original invoice as credit on their next purchase with Monday Merch.
5. Transport and Transfer of Risk
Transport expenses are always paid for by the contracting party, unless otherwise agreed in writing. These expenses include customs and duties unless otherwise agreed upon.
The contracting party is always responsible for any damage, loss, or potential delays caused by courier services or mail-order businesses throughout the shipping process. The contracting party may request a specific courier service but will continue to carry the transport risk.
The applicable statutory provisions shall apply to the risk of accidental destruction, loss, degradation, or damage to the contractual products.
6. Retention of Title
Until full payment has been received, all items delivered by Monday Merch shall remain Monday Merch's property.
The reserved products will remain Monday Merch's property until all claims ,future or existing, Monday Merch has against the contracting party have been satisfied, regardless of legal justifications. All claims resulting from resale of items which are still the property of Monday Merch are automatically transferred to Monday Merch. Monday Merch reserves the right, in case of non-payment to sell the items to a third party. The contracting party has no right to seek reimbursement or compensation in such a case.
7. Obstacles or delays that affect performance
In the case that a force majeure event makes the performance for Monday Merch impossible or excessively difficult, Monday Merch shall have the right to terminate the agreement. In the case of such an event Monday Merch shall notify the contracting party as soon as possible of such an event.
The contractual partner's potential right to terminate the agreement because performance is impossible is up to the applicable law.
If Monday Merch is not just temporarily unable to deliver the contractual products because of a supplier not upholding its contractual commitments to Monday Merch, Monday Merch, through no fault of its own and having tried to remedy the situation within reasonability, shall be entitled to terminate the contract.
8. Acceptance and Challenge of Items and Warranty
Monday Merch warrants that the contractual products it has provided are free from flaws and have all the qualities it has promised. Still, a warranty has to be expressly given. The warranty relating to products applies only to defects caused by faulty manufacture, construction or material. The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the contracting party, as well as when the cause of the defect cannot be clearly determined.
The contracting party shall examine a product delivered or service provided by Monday Merch for any defects immediately. If a product delivered or service rendered does not meet what the contracting party could reasonably expect from the agreement, the contracting party must inform Monday Merch through a registered letter describing the defect as detailed as possible, as soon as possible, but in any case within 1 week of discovering the defect. If no complaint has been delivered within 1 week, the lack of complaint is considered the acceptance of the item, unless such a defect was not recognisable. If such a hidden defect was later discovered, again the contracting party or a third person has 1 week to report such a defect. A challenge after 1 week is not possible. A contracting party shall not refuse delivery for a small defect.
If there are flaws in parts of the items, this does not entitle the contracting party to challenge the entire shipment of items. Such flaws, if announced within 1 week, can only result in a price reduction. The contracting party is not entitled to a replacement or monetary compensation.
Monday Merch reserves its right to inspect the item for defects and the contracting party has to comply with such a request. Monday Merch reserves its right to provide a repair, an exchange or a refund for the item, if the defect has been announced within the above mentioned time limit. Only in cases where Monday Merch has made two reasonable attempts to perform its obligation and failed or has refused to do so, would the contractual partner have the right to terminate the agreement.
Monday Merch’s information online, price lists and other documents given to the contracting party, including descriptions, visual illustrations of the products, dimensions and other technical particulars are only approximations unless contractually an identical product is required. These are intended to give a description of the performance and should not be interpreted as describing actual properties and promising an exact match. Small color variations cannot be considered a defect. A guarantee of an exact match can only be given expressly if using the term guarantee.
Minor deviations cannot be used as a basis for refusing payment, claiming damages, refusing products or demanding the termination of the contract.
9. Liability and Indemnity
Monday Merch shall only be liable for any damage or expense suffered by the contracting party if and to the extent that such damage was caused by intent or grossly recklessness. Monday Merch cannot be held liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.
Should a case of liability arise, Monday Merch’s liability is limited to the typical amount for such a contract and limited to the amount that could have been reasonably anticipated at the conclusion of the contract. Such liability shall also be limited to the amount paid out by any (professional) liability insurance taken out, and in the absence of (full) payment by an insurance company of the amount of the claim, liability shall be limited to the (part of the) invoice amount to which the liability relates.
The contracting party certifies that it owns the rights to copy and reproduce the data submitted. The contracting party ensures that all materials submitted to Monday Merch do not violate third-party rights. The contracting party must indemnify Monday Merch from all claims and damages brought against Monday Merch in case of infringement of third-party rights as well as from the costs of legal defense in the event of a violation of third-party rights by the fulfillment of an order.
10. Right to Withdrawal and Right to Cancel or Terminate
Monday merch reserves its right to withdraw from the contract if the contracting parties has been reminded through email of an outstanding payment and has not complied within a reasonable time or if the contracting party does not provide print data even after a reminder by Monday Merch or if the print data provided consists out of or contains violations against legal provisions or generally are of racist, sexist, xenophobic or similar objectives pursuing intention. Additionally, the print data may not violate third-party rights. In any case, should the contracting party fail to fulfill their obligations or terminate the agreement the contracting party shall pay 30% of the amount of the order as compensation to Monday Merch.
There is no voluntary right of withdrawal allowed to contractual partners who are entrepreneurs.
However, a consumer has the statutory right to withdrawal, meaning they can cancel or return their order within 14 days after delivery without giving any reason. Herefore, the consumer must contact Monday Merch at [email protected] making their intention of withdrawing from the contract clear. This intention has to be made clear by notifying Monday Merch within the 14 days after delivery to be in line with the legal right of withdrawal. The consumer then has to return the items, bearing the delivery costs and Monday Merch will return the purchase price.
This right of withdrawal does not apply to goods which Monday Merch customized for the contracting party meaning non-prefabricated goods or to the contracting party tailored goods.
Contracting parties have the option to cancel or terminate the contract. However, this cancellation or termination is subject to a payment of compensation of 55% of the amount of the original price quotation, this excludes shipping, warehousing and customer fees if these were included in the original price quotation.
11. Storage of goods
Monday Merch stores goods bought and paid for by the contracting party for a maximum of two weeks for free. After two weeks Monday Merch may store goods bought and paid for by the contracting party for up to 2 years for a one-time flat fee, the pricing for which is available on Monday Merch’s website. After two years Monday Merch cannot make any guarantees that the goods will be stored any longer should the contracting party not have requested them within two years after placement of the order. Monday Merch is not obligated to compensate or refund the items.
12. General Provisions
The purchase of an item by Monday merch does not mean the transfer of intellectual property rights within, unless otherwise specified in writing. All design, models, sketches, creations and similar products made by Monday Merch are the sole property of Monday Merch and are not allowed to be used or reproduced without express permission from Monday Merch.
12.2 Applicable Law
Any dispute arising under, out of or connected to this Agreement shall be submitted to the exclusive jurisdiction of the courts of the Netherlands. Any agreement is governed by, and shall be construed in accordance with the laws of the Netherlands, which shall be deemed to be the proper law hereof.
These General Terms and Conditions have been prepared in English and English is the controlling version in case of controversy or inconsistency.
12.4 Changes or Deviations to the General Terms and Conditions
Monday Merch reserves the right to deviate from these terms and conditions or any contract. Such deviations need to be in writing.
Monday Merch reserves its right to change these General Terms and Conditions. Monday Merch will provide with the price quotations a link to these General Terms and Conditions. The continued use of Monday Merch’s website will be considered the acceptance of the new terms. It is every contracting party’s responsibility to regularly review these General Terms and Conditions.
12.5 Invalidity of some provisions
If individual provisions of these General Terms and Conditions should be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
The headings to all sections and subsections, shall not form a part of this Agreement or Exhibits, but shall be regarded as having been used for the convenience of reference only and shall not affect the construction or meaning of this Agreement or of any of its provisions, unless such construction leads to unequivocal conclusions.
12.7 Use of service
Monday Merch reserves the right to block or otherwise decline to permit one or more users to use the site at any time and for any reason.
Monday Merch B.V.
3024 EZ ROTTERDAM
E-mail: [email protected]
Chamber of Commerce: 86827677
VAT Identification Number: NL864101843B01
EORI GB: GB090315336000
Updated 30 January 2023.