Terms & Conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions shall apply:

Right of Withdrawal: the period during which the consumer may exercise their right of withdrawal.

Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with a trader.

Day: calendar day.

Extended Transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligations are spread over a period of time.

Durable Medium: any tool that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period.

Trader: a natural or legal person who offers products and/or services to consumers through distance selling.

Distance Contract: a contract concluded between a trader and a consumer within the framework of an organized system for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.

Means of Distance Communication: any means that can be used to conclude a contract without the consumer and trader being simultaneously present in the same place.

Terms and Conditions: these Terms and Conditions of the trader.

Article 2 – Identity of the Trader

Business Name: B.I.V. Retail
Chamber of Commerce Number: 91309948
Trade Name: Monroe & Parker
VAT Number: NL003531511B76
Customer Service Email: info@monroe-parker.com

Article 3 – Applicability

These Terms and Conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

Before a distance contract is concluded, the text of these Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall indicate, before the contract is concluded, that the Terms and Conditions are available for inspection and will be sent free of charge to the consumer upon request.

If the distance contract is concluded electronically, these Terms and Conditions may be provided electronically in such a way that the consumer can easily store them on a durable medium.

If, in addition to these Terms and Conditions, specific product or service conditions apply, the consumer may always invoke the provision that is most favorable to them in the event of conflicting terms.

If one or more provisions of these Terms and Conditions are found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a provision that most closely reflects the purpose and intent of the original provision.

Situations not covered by these Terms and Conditions shall be assessed in accordance with the spirit and intent of these Terms and Conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to specific conditions, this will be explicitly stated in the offer.

The offer is non-binding. The trader reserves the right to modify and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the trader uses images, these will be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the trader.

All images, specifications, and information contained in the offer are indicative only and cannot give rise to compensation or termination of the agreement.

Product images are intended to provide a truthful representation of the products offered. However, the trader cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information that clearly informs the consumer of the rights and obligations associated with accepting the offer. This includes, in particular:

The price, excluding customs duties and import VAT. These additional costs are the responsibility and risk of the consumer. Postal and courier services may apply a special arrangement for imported goods. This arrangement applies when goods are imported into the destination country. The postal or courier service may collect VAT (and any applicable customs duties) from the recipient.
Any shipping costs.
The manner in which the agreement is concluded and the steps required to do so.
Whether or not the right of withdrawal applies.
The method of payment, delivery, and execution of the agreement.
The period during which the offer remains valid or the period during which the trader guarantees the stated price.
The costs of distance communication if these are calculated on a basis other than the standard rate for the communication method used.
Whether the agreement will be archived after conclusion and, if so, how the consumer can access it.
The way in which the consumer can review and, if necessary, correct the information provided before concluding the agreement.
Any languages in which the agreement may be concluded in addition to Dutch.
Any codes of conduct to which the trader is subject and how the consumer can access them electronically.
The minimum duration of the distance agreement if it concerns a long-term transaction.

Optional information may include available sizes, colors, and materials.

Article 5 – The Agreement

Unless otherwise provided in Article 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.

If the consumer accepts the offer electronically, the trader shall immediately confirm receipt of the acceptance electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure online environment. If the consumer is able to pay electronically, the trader shall implement appropriate security measures.

Within the limits of the law, the trader may investigate whether the consumer is able to meet their payment obligations, as well as any other factors relevant to responsibly entering into a distance agreement. If, based on this investigation, the trader has valid reasons not to enter into the agreement, they are entitled to refuse an order or request, stating the reasons, or to attach special conditions to its execution.

The trader shall provide the consumer with the following information in writing or in such a way that the consumer can store it on a durable medium, together with the product or service:

The trader’s physical address where the consumer may submit complaints.
The conditions and procedure for exercising the right of withdrawal, or a clear statement if the right of withdrawal does not apply.
Information regarding guarantees and after-sales services.
The information referred to in Article 4, unless already provided to the consumer prior to the execution of the agreement.
The conditions for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provisions of the previous paragraph apply only to the first delivery.

Every agreement is concluded subject to the availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the agreement without providing any reason within 14 days. This withdrawal period begins on the day the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.

During the withdrawal period, the consumer shall handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, the product must be returned to the trader together with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the trader’s reasonable and clear instructions.

If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days of receiving the product. Notification must be made in writing or by email. After providing notice, the consumer must return the product to the trader’s original business location within 14 days. The consumer must be able to prove that the product was returned on time, for example by providing proof of shipment.

If the consumer has not notified the trader of their intention to exercise the right of withdrawal within the specified period, or has not returned the product within the applicable return period, the purchase shall be deemed final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the consumer shall bear the cost of returning the product.

If the consumer has already paid for the product, the trader shall refund the amount as soon as possible and no later than 14 days after receiving the notice of withdrawal. Refunds will be issued provided that the trader has received the returned product or the consumer can provide sufficient proof that the product has been returned in full.

Article 8 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer’s right of withdrawal for the products and services described below. Such exclusion shall only apply if the trader has clearly stated this in the offer or, at the latest, before the conclusion of the agreement.

The right of withdrawal may be excluded for products:

That have been made according to the consumer’s specifications.
That are clearly personalized.
That cannot be returned due to their nature.
That are liable to deteriorate or expire rapidly.
Whose price is subject to fluctuations in the financial market beyond the trader’s control.
That consist of individual newspapers or magazines.
That are audio or video recordings or computer software where the seal has been broken.
That are hygiene products where the seal has been broken.

The right of withdrawal may be excluded for services:

Relating to accommodation, transportation, catering, or leisure activities to be provided on a specific date or during a specified period.
Where performance has begun with the consumer’s explicit consent before the withdrawal period has expired.
Relating to betting and lotteries.

Article 9 – Pricing

During the validity period stated in the offer, the prices of the products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the above, the trader may offer products or services whose prices are subject to fluctuations in the financial markets that are beyond the trader’s control. Such products or services may be offered at variable prices. The connection to market fluctuations and the fact that any stated prices are indicative will be clearly mentioned in the offer.

Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations or legal provisions.

Price increases after three months following the conclusion of the agreement are only permitted if:

They result from statutory regulations or legal provisions; or
The consumer has the right to terminate the agreement as of the date the price increase takes effect.

The place of supply is determined in accordance with Article 5 of the Dutch VAT Act of 1968. In this case, delivery takes place outside the European Union. As a result, the postal or courier service may charge the recipient import VAT and/or customs clearance fees. Therefore, the trader does not charge VAT.

All prices are subject to typographical and printing errors. The trader accepts no liability for the consequences of such errors. In the event of a typographical or printing error, the trader is not obligated to supply the product at the incorrect price.

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of quality and usability, and the applicable legal requirements and/or government regulations in force on January 1, 2025. If agreed, the trader also guarantees that the product is suitable for purposes other than its normal intended use.

Any warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer may have against the trader under the agreement.

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is never responsible for the suitability of the products for the consumer’s individual intended use, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by a third party.
The delivered products have been exposed to abnormal conditions, mishandled, or used contrary to the trader’s instructions and/or the instructions on the packaging.
The defect is wholly or partly the result of government regulations concerning the nature or quality of the materials used.

Article 11 – Delivery and Performance

The trader shall exercise the utmost care when receiving and fulfilling product orders.

The place of delivery shall be the address provided by the consumer to the trader.

Subject to the provisions of Article 4 of these Terms and Conditions, the trader shall execute accepted orders with due speed and no later than 30 days after the order has been placed, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled in whole or in part, the consumer shall be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge and may be entitled to compensation where applicable.

If the agreement is terminated in accordance with the previous paragraph, the trader shall refund any amount paid by the consumer as soon as possible and no later than 14 days after termination.

If delivery of an ordered product proves impossible, the trader shall make every effort to provide a substitute product. At the latest upon delivery, it shall be clearly and comprehensibly communicated that a substitute product is being supplied. The right of withdrawal remains applicable to substitute products. Any return shipping costs shall be borne by the trader.

The risk of damage to and/or loss of products remains with the trader until the products have been delivered to the consumer or to a representative designated by the consumer and communicated to the trader in advance, unless expressly agreed otherwise.

Article 12 – Long-Term Agreements: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and relating to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement relating to the regular delivery of products (including electricity) or services at any time before the end of the agreed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to above:

At any time and without being restricted to termination at a specific time or during a specific period;
By using the same method through which the agreement was concluded;
With the same notice period that the trader has stipulated for itself.

Renewal

A fixed-term agreement relating to the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a new fixed period.

By way of exception, a fixed-term agreement for the regular delivery of daily newspapers, newspapers, weekly newspapers, and magazines may be automatically renewed for a maximum period of three months, provided that the consumer can terminate the renewed agreement before the end of the renewal period with a notice period of no more than one month.

A fixed-term agreement relating to the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer is always entitled to terminate the agreement with a notice period of no more than one month, and no more than three months if the agreement concerns the delivery of daily newspapers, newspapers, weekly newspapers, or magazines less than once per month.

A limited-duration agreement for the regular delivery of daily newspapers, newspapers, weekly newspapers, and magazines (trial or introductory subscriptions) shall not be automatically renewed and shall end automatically at the conclusion of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of one month, unless reasonableness and fairness prevent termination before the agreed end date.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 days after the commencement of the withdrawal period as referred to in Article 6, Paragraph 1. In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately notify the trader of any inaccuracies in the payment details provided or stated.

If the consumer fails to make payment, the trader is entitled, subject to legal limitations, to charge the consumer any reasonable costs that have been communicated in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted to the trader within 7 days after the consumer has discovered the defect, and must contain a clear and complete description of the complaint.

The trader shall respond to complaints within 14 days of receipt. If a complaint is expected to require a longer processing time, the trader shall respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual agreement, a dispute arises that may be subject to dispute resolution procedures.

A complaint does not suspend the trader’s obligations unless the trader has stated otherwise in writing.

If a complaint is found to be justified, the trader shall, at its discretion, either replace the delivered products free of charge or repair them.

Article 15 – Disputes

All agreements between the trader and the consumer to which these Terms and Conditions apply shall be governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.

Article 16 – CESOP

As of 2024, due to stricter measures introduced through amendments to the Dutch VAT Act of 1968 (Implementation of the Payment Service Providers Directive) and the introduction of the Central Electronic System of Payment Information (CESOP), payment service providers may be required to register and report transaction data within the European CESOP system.