General Terms & Conditions Brew Monkey

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.