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Home Brewing Kits

Beer brewing instructions

167.000+ happy customers!
Free fast shipping in every country
4.7 / 5 stars from 2550+ reviews
Brew Monkey Kit logo

General Terms & Conditions Brew Monkey

These General Terms and Conditions of Brew Monkey are drafted for the website www.brewmonkeykit.com and apply to all sales made in Europe. These conditions are effective as of March 7, 2024.

Index:

  • Article 1 – Definitions
  • Article 2 – Identity of the entrepreneur
  • Article 3 – Applicability
  • Article 4 – The offer
  • Article 5 – The contract
  • Article 6 – Right of withdrawal
  • Article 7 – Obligations of the consumer during the reflection period
  • Article 8 – Exercise of the right of withdrawal by the consumer and related costs
  • Article 9 – Obligations of the entrepreneur in case of withdrawal
  • Article 10 – Exclusion of the right of withdrawal
  • Article 11 – The price
  • Article 12 – Execution and additional warranty
  • Article 13 – Delivery and execution
  • Article 14 – Duration transactions: duration, cancellation, and extension
  • Article 15 – Payment
  • Article 16 – Complaint procedure
  • Article 17 – Disputes
  • Article 18 – Industry guarantee
  • Article 19 – Additional or different provisions
  • Additional conditions Brew Monkey
  • Annex I – Standard withdrawal form


Article 1 – Definitions

In these conditions:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in relation to a distance contract and such goods, digital content and/or services are provided by the entrepreneur or a third party based on an agreement between that third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person who acts for purposes not related to his trade, business, craft or professional activity;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Long-term contract: a contract that involves the regular delivery of goods, services and/or digital content for a certain period of time;
  7. Durable medium: any means – including email – that allows the consumer or entrepreneur to store information personally addressed to them in a way that future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;
  8. Right of withdrawal: the option for the consumer to waive the distance contract within the reflection period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
  10. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, using exclusively or also one or more means of distance communication up to and including the time at which the contract is concluded;
  11. Standard withdrawal form: the European withdrawal form included in Annex I of these conditions. Annex I does not need to be made available if the consumer has no right of withdrawal for his order;
  12. Distance communication technique: means that can be used for concluding a contract, without the consumer and entrepreneur being in the same place at the same time.


Article 2 – Identity of the entrepreneur

Brew Monkey operating under the names: www.brewmonkey.nl, www.brewmonkey.de, and www.brewmonkeykit.com Establishment & visit address: Helftheuvelweg 11 5222 AV ‘s-Hertogenbosch Netherlands

Telephone number: +31 6 24905937 (local rate)
Availability: Mon-Fri from 9:00 AM to 5:00 PM
Email: [email protected]
Chamber of Commerce registration number: 84730811 VAT
identification number: NL101283866B01

Article 3 – Applicability

  1. These general conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general conditions can be seen at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible at the consumer’s request.
  3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be electronically viewed and that at the consumer’s request they will be sent electronically or otherwise free of charge.
  4. In the event that specific product or service conditions also apply in addition to these general conditions, the second and third paragraphs apply accordingly, and in thecase of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to them.


Article 4 – The offer

  1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is detailed enough to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.


Article 5 – The contract

  1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
  3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can – within legal frameworks – inform himself if the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the execution.
  5. At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a manner that the consumer can store it in an accessible manner on a durable medium: a. the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about warranties and existing after-sales service; d. the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the distance contract; e. the requirements for canceling the contract if the contract has a duration of more than one year or is indefinite; f. if the consumer has a right of withdrawal, the standard withdrawal form.
  6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.


Article 6 – Right of withdrawal

For products:

  1. The consumer can dissolve a contract regarding the purchase of a product during a reflection period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal but cannot oblige him to state his reason(s).

  2. The period mentioned in paragraph 1 starts the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or: a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times. b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part; c. for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product. For services and digital content not supplied on a tangible medium:

  3. The consumer can dissolve a service contract and an agreement for the delivery of digital content not supplied on a tangible medium within 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for the withdrawal, but cannot oblige him to state his reason(s).

  4. The period mentioned in paragraph 3 starts the day following the conclusion of the agreement. Extended reflection period for products, services, and digital content not supplied on a tangible medium in case of not informing about the right of withdrawal:

  5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the standard withdrawal form, the reflection period expires twelve months after the end of the original reflection period, determined in accordance with the preceding paragraphs of this article.

  6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting date of the original reflection period, the reflectionperiod expires 30 days after the day on which the consumer received that information.


Article 7 – Consumer’s obligations during the reflection period

  1. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The principle is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
  2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in paragraph 1.
  3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.


Article 8 – Exercise of the consumer’s right of withdrawal and costs thereof

  1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur thereof within the withdrawal period by means of the standard withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an agent of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the withdrawal period has expired.
  3. The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not need to bear the costs of return.
  6. If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water, electricity or district heating that are not ready for sale in a limited volume or certain quantity begin during the withdrawal period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full compliance of the obligation.
  7. The consumer does not bear any costs for the performance of services or the supply of water, gas, electricity, or district heating, which are not ready for sale in a limited volume or certain quantity, or to the supply of district heating if: a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal, or the standard withdrawal form, or; b. the consumer has not expressly requested the start of the performance of the service or supply of gas, water, electricity, or district heating during the reflection period.
  8. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if: a. prior to its delivery, he has not expressly agreed to the beginning of the performance of the contract before the end of the reflection period; b. he has not acknowledged to lose his right of withdrawal when giving his consent; or c. the entrepreneur has failed to confirm this statement of the consumer.
  9. If the consumer exercises his right of withdrawal, all additional agreements are dissolved by operation of law.


Article 9 – Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he shall send an acknowledgement of receipt immediately after receiving this notification.
  2. The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursing until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
  3. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
 

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract:

  1. Products or services whose price depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur during the withdrawal period.

  2. Contracts concluded during a public auction. A public auction means a method of sale in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the highest bidder is obliged to purchase the products, digital content, and/or services.

  3. Service contracts, after the complete execution of the service, but only if:

    a. the execution has begun with the consumer’s explicit prior consent; and b. the consumer has declared that they lose their right of withdrawal as soon as the entrepreneur has fully executed the contract.

  4. Service contracts for the provision of accommodation, if the contract specifies a specific date or period of performance and is for purposes other than residential, transportation of goods, car rental, and catering.

  5. Contracts related to leisure activities, if the contract specifies a specific date or period of execution.

  6. Products made to the consumer’s specifications, which are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or which are clearly personalized.

  7. Products that deteriorate quickly or have a limited shelf life.

  8. Sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

  9. Products which are, by their nature, inseparably mixed with other items after delivery.

  10. Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but which can only be delivered after 30 days, and whose real value depends on fluctuations in the market over which the entrepreneur has no control.

  11. Sealed audio, video recordings, or computer software, from which the seal has been broken after delivery.

  12. Newspapers, periodicals, or magazines, with the exception of subscriptions to such publications.

  13. The supply of digital content not supplied on a tangible medium, but only if:

    a. the execution has begun with the consumer’s explicit prior consent; and b. the consumer has acknowledged that they will lose their right of withdrawal.

Article 11 – The Price

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

  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no control, with variable prices. This susceptibility to fluctuations and the fact that any indicated prices are indicative will be stated in the offer.

  3. Price increases within 3 months of the conclusion of the contract are only allowed if they are the result of statutory or regulatory provisions.

  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

    a. they are the result of statutory or regulatory provisions; or b. the consumer has the right to terminate the contract with effect from the date of the price increase.

  5. The prices mentioned in the offer of products or services include VAT.

Article 12 – Performance of the Contract and Additional Guarantee

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of usability and/or reliability, and legal provisions and/or government regulations existing at the date of the conclusion of the contract. If agreed upon, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the contract if the entrepreneur has failed to fulfill his part of the contract.
  3. An additional guarantee means any commitment by the entrepreneur, his supplier, importer, or producer in which certain rights or claims are assigned to the consumer that go beyond what is legally required in case the entrepreneur has failed to fulfill his part of the contract.


Article 13 – Delivery and Execution

  1. The entrepreneur shall exercise the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. Subject to what is stated about this in these general terms and conditions, the entrepreneur shall execute accepted orders expeditiously but not later than 30 days, unless a different delivery period has been agreed on. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the contract without costs and is entitled to any compensation.
  4. After termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer promptly.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated and announced to the entrepreneur, unless expressly agreed otherwise.


Article 14 – Duration Transactions: Duration, Termination, and Extension

Termination:

  1. The consumer may terminate an indefinite-term contract that involves regular delivery of products (including electricity) or services at any time, respecting the agreed termination rules and a notice period of no more than one month.

  2. The consumer may terminate a fixed-term contract that involves regular delivery of products (including electricity) or services at any time at the end of the fixed term, respecting the agreed termination rules and a notice period of no more than one month.

  3. The consumer may agree to the following terminations for contracts mentioned in the preceding paragraphs:

    • Terminate at any time and not be restricted to terminate at a specific time or within a specific period.
    • At least terminate in the same manner as agreed upon by the consumer.
    • Always terminate with the same notice period that the entrepreneur has established for themselves.

Extension:

  1. A contract concluded for a fixed term that involves regular delivery of products (including electricity) or services cannot be automatically extended or renewed for a fixed term.

  2. Notwithstanding the preceding paragraph, a contract concluded for a fixed term that involves regular delivery of newspapers, periodicals, and magazines may be automatically extended for a fixed term of up to three months if the consumer can terminate this extended contract at the end of the extension period with a notice period of no more than one month.

  3. A contract concluded for a fixed term that involves regular delivery of products or services may only be extended indefinitely if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the contract involves regular delivery, but less than once a month, of newspapers, periodicals, and magazines.

  4. A limited-duration contract for the regular delivery of newspapers, periodicals, and magazines (trial or introductory subscription) will not be automatically extended and will terminate automatically at the end of the trial or introductory period.

Duration:

  1. If a contract has a duration of more than one year, after one year, the consumer can terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the agreed-upon period ends.


Article 15 – Payment

  1. Unless otherwise provided in the contract or additional conditions, amounts due from the consumer must be paid within 14 days from the start of the reflection period, or in the absence of a reflection period, within 14 days from the conclusion of the contract. In the case of a contract to provide a service, this period begins on the day after the consumer receives confirmation of the contract.

  2. In the case of sales of products to consumers, generally, the consumer cannot be obliged to pay more than 50% in advance under the general terms and conditions. When advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the corresponding order or service(s) before the advance payment has been made.

  3. The consumer has a duty to immediately report to the entrepreneur any inaccuracies in the payment details provided or indicated.

  4. If the consumer does not fulfill their payment obligations in a timely manner, after being notified by the entrepreneur of the delay in payment and given a period of 14 days to fulfill those obligations, if payment is not made within this period, legal interest is due on the amount still owed and the entrepreneur has the right to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

Article 16 – Complaint Procedure

  1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this procedure.

  2. Complaints about the execution of the contract must be submitted to the entrepreneur in full and clearly within a reasonable time after the consumer has noticed the defects.

  3. Complaints submitted to the entrepreneur will be responded to within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

  4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

  1. Contracts between the entrepreneur and the consumer, to which these general conditions apply, are exclusively governed by Dutch law.

  2. Disputes between the consumer and the entrepreneur regarding the formation or execution of contracts relating to products and services supplied or to be supplied by this entrepreneur can be submitted by both the consumer and the entrepreneur to the Disputes Committee for Distance Selling, Postbus 90600, 2509 LP The Hague (www.sgc.nl), in accordance with the provisions set out below.

  3. A dispute will only be considered by the Disputes Committee if the consumer has submitted their complaint to the entrepreneur within a reasonable time.

  4. If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee within 12 months from the date on which the consumer submitted the complaint to the entrepreneur.

  5. When the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer should announce this to the entrepreneur beforehand.

  6. When the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must declare in writing within five weeks of a written request from the entrepreneur whether they wish this or prefer the dispute to be settled by the competent judge. If the entrepreneur does not receive the consumer’s choice within the five-week period, the entrepreneur has the right to submit the dispute to the competent judge.

  7. The Disputes Committee decides according to the conditions laid down in its regulations (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are binding.

  8. The Disputes Committee will not consider a dispute or interrupt its handling if the entrepreneur has been granted a payment suspension, has been declared bankrupt, or has actually ceased its commercial activities before the dispute has been considered by the committee and a final decision has been issued.

  9. If alongside the Disputes Committee for Distance Selling, another recognized or affiliated committee of the Consumer Disputes Board Foundation (SGC) or the Financial Services Complaints Institute (Kifid) is competent, for disputes mainly related to the method of distance selling or service, the Disputes Committee for Distance Selling has preference. For all other disputes, the other recognized or affiliated committee of the SGC or Kifid is competent.

Article 18 – Sector Guarantee

  1. The Dutch Distance Selling Organization guarantees compliance with the binding advice of the Disputes Committee for Distance Selling by its members, unless the member decides to submit the binding advice to the court for review within two months of its dispatch. This guarantee is renewed if the binding advice is confirmed after review by the court and the resulting judgment becomes final. Up to an amount of €10,000 per binding advice, this amount will be paid to the consumer by the Dutch Distance Selling Organization. For amounts exceeding €10,000 per binding advice, €10,000 will be paid. For the excess amount, the Dutch Distance Selling Organization has an effort obligation to ensure that the member complies with the binding advice.

  2. For the application of this guarantee, it is required that the consumer makes a written appeal to the Dutch Distance Selling Organization and transfers their request to the entrepreneur to the Dutch Distance Selling Organization. If the request to the entrepreneur exceeds €10,000, the consumer will be offered to transfer the request, to the extent exceeding the amount of €10,000, to the Dutch Distance Selling Organization, which will then request payment in court on behalf and at the expense of the consumer.

Article 19 – Additional or Deviating Provisions

Additional or deviating provisions from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer on a durable medium.

Article 20 – Amendment of Brew Monkey’s General Conditions

Changes to these conditions are only valid after they have been properly published, with the proviso that, in the case of changes applicable during the duration of an offer, the provision most favorable to the consumer shall prevail.

Additional Conditions – Brew Monkey

Brew Monkey provides, to the best of its judgment, the correct ingredients and materials to carry out the brewing process independently. Brew Monkey cannot be held responsible for the brewing process, any errors that occur, or damages resulting from the brewing process and/or consumption of the beer produced independently. If something goes wrong during the brewing process, it is the recipient’s responsibility. Brew Monkey is not liable for personal injury resulting from errors in the cooking process with hot liquids. Brew Monkey cannot be held responsible for personal injury resulting from errors in the bottling process where, in extreme cases, bottles may explode if bottled too soon or if too much sugar is added. Excessive fermentation in the bottle can result in excessive pressure that can cause bottle explosions. It is recommended to complete fermentation and not add more sugar than indicated to avoid this.