General Terms and conditions of Monkey Business B.V. established in Breda. Version valid from June 2023.
1.1. These general terms and conditions apply to all offers from Monkey Business B.V to be named further Apenshot.
1.2 By placing an order, you indicate your consent to the delivery and payment terms and conditions. Apenshot reserves the right to amend its delivery and/or payment terms and conditions after the expiry date.
1.3 Unless otherwise agreed in writing, Apenshot does not recognise the general or specific conditions or the stipulations of third parties.
1.4 Apenshot guarantees that the product supplied complies with the agreement and meets the specifications stipulated in the offer.
2.1 Delivery shall occur as long as stocks last.
2.2 As per the distance selling regulations, Apenshot shall execute orders within no more than five (5) working days. Should this be impossible (due to the ordered item being out of stock or no longer available), or should there be a delay for other reasons, or should it not be or only partially be possible to execute an order, then the consumer shall receive a notification within one (1) month of placing the order. In this event, they shall be entitled to cancel the order without notice of default and at no expense.
2.3 Barring evidence to the contrary, Apenshot delivery obligation shall be fulfilled from such time that the goods delivered by Apenshot have been presented to the buyer. In case of home delivery, the carrier’s report, conveying the refusal of delivery, shall serve as full proof of the presentation for delivery.
2.4 All deadlines mentioned on the website are purely indicative. No rights, therefore, may be derived from the aforementioned deadlines.
3.1 Prices shall not be increased within the term of the offer, unless required by law or should the manufacturer enact price increases in the interim.
3.2 All prices on the site are subject to misprints or mistakes. Consequently, no liability shall be accepted for problems arising from misprints or mistakes.
3.3 Discount codes are not valid on sales items.
3.4 All prices on the site are in euros and include VAT.
Trial period/revocation right
4.1 In the event of consumer purchase and in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within a period of 14 working days without provision of justification. This period commences on the delivery of the goods ordered. Should the buyer fail to return the delivered goods to Apenshot after this period has expired, the purchase becomes non-refundable. Before returning the goods, the buyer is obliged to notify Apenshot thereof in writing within 14 working days of delivery. The buyer must prove that the delivered goods have been returned on time, for example through a proof of postal delivery. Goods must be returned unused and in their original packaging (including accessories and accompanying documentation). Should the goods have been used, altered, or damaged in any way at the buyer’s premises, the right to termination within the meaning of this paragraph shall be forfeit. Per the provisions of the previous sentence, Apenshot shall ensure that the full purchase amount, including the shipping costs charged, is refunded to the buyer within 30 days of proper receipt of the return. The return of the delivered goods is at the sole cost, risk, and responsibility of the buyer.
4.2 The right to termination, as described in the previous paragraph, only relates to the delivered goods.
4.3 The revocation right does not apply to:
- services for which the execution began, with the consumer’s approval, prior to the 14-working day period;
- goods or services of which the price is subject to fluctuations in the financial market and over which the supplier has no influence;
- goods manufactured to the consumer’s specifications, e.g. custom-made goods, or goods of an incontrovertibly personal nature;
- goods or services with properties that make their return impossible, e.g. hygiene-related factors or liability to decay, spoil or become obsolete;
- audio and video recordings and computer software of which the consumer has broken the seal;
- the supply of newspapers and magazines; betting services and lotteries.
5.2 Apenshot respects website user privacy and ensures that your personal data is handled confidentially.
5.3 In some instances, Apenshot uses a mailing list. Every mailing contains instructions on how to unsubscribe from this list. You will only receive a mailing should you have indicated that you wish to receive it.
Guarantee and conformity
6.1 The operator guarantees that the products and/or services fulfil the agreement, the specifications stated in the offer, the reasonable demands of good quality and/or serviceability, as well as the legal provisions and/or government regulations in force on the date of the agreement’s conclusion.
6.2 An arrangement offered as a guarantee by the operator, manufacturer or importer does not affect the rights and claims that the consumer is entitled to invoke on legal grounds and/or based on the distance contract vis-a-vis the operator concerning failure by the operator to fulfil the operator’s obligations.
6.3 The buyer is obliged to check the delivered goods immediately upon receipt. Should it appear that the delivered item is faulty, defective, or incomplete, the buyer must immediately report these defects to Apenshot in writing (before returning it to Apenshot). Any defects or incorrectly delivered goods may and must be reported to Apenshot in writing no later than within two (2) months of delivery. Goods must be returned unused and in their original packaging (including accessories and accompanying documentation). Entry into service after detection of defect, damage caused after detection of defect, encumbrance and/or resale after detection of defect shall render the right to claim and return null and void.
6.4 Should the buyer’s complaints be deemed justifiable by Apenshot, Apenshot shall, at its discretion, either replace the delivered goods free of charge or reach a compensation arrangement with the buyer in writing, on the understanding that Apenshot’s liability and therefore the amount of compensation shall at all times be limited to no more than the invoice amount for the goods concerned or (at Apenshot’s discretion), the maximum amount covered by Apenshot’s liability insurance for the case in question. Any liability on the part of Apenshot for any other form of damage shall be excluded, including additional compensation of any kind whatsoever, compensation for indirect or consequential damages or damage due to loss of profit.
6.5 Apenshot shall not be held liable for intentional damage or damage due to the equivalent of deliberate recklessness on the part of non-management personnel.
6.6 This guarantee shall not apply should: A) the buyer be in default vis-à-vis Apenshot and for the duration of said default; B) the buyer have repaired and/or processed the delivered goods itself or had them repaired and/or processed by third parties; C) the delivered goods have been exposed to abnormal conditions or been otherwise handled carelessly or have been handled contrary to Apenshot’s instructions and/or the user instructions on the packaging; D) the defective condition be due, in whole or in part, to regulations stipulated by or to be stipulated by the government concerning the nature or quality of the materials used.
7.1 Offers are non-binding unless stated otherwise in the offer.
7.2 Should the buyer accept a non-binding offer, Apenshot shall reserve the right to revoke or derogate from the offer within three (3) working days of the receipt thereof.
7.3 Verbal pledges shall only be binding on Apenshot after they have been explicitly confirmed in writing.
7.4 Apenshot offers do not automatically apply to repeat orders.
7.5 Apenshot may not be held to its offer where the buyer should have understood that the offer, or a part thereof, contained an obvious mistake or misprint.
7.6 Additions, amendments and/or further agreements shall only enter into force where agreed in writing.
8.1 An agreement between Apenshot and a customer shall be concluded after Apenshot has assessed the feasibility of an order.
8.2 Apenshot reserves the right to refuse orders or commissions or to accept them exclusively under the condition that the shipment be cash on delivery or following payment in advance, without provision of justification therefore.
Images and specifications
9.1 All images, photographs, drawings, etc., including information on weights, sizes, colours, label illustrations, etc. on Apenshot’s website are solely an approximation, indicative, and may not give rise to compensation or termination of the agreement.
10.1 Apenshot shall not be held liable should it and insofar that it be impossible to meet its obligations due to force majeure.
10.2 Force majeure shall be understood as any external cause, as well as any circumstance that should not rationally pose a risk. Delays or failure by Apenshot suppliers, internet, electricity, or e-mail traffic disruptions, and disruptions or changes to third-party supplied technology, transport issues, strikes, public measures, supply delays, negligence on the part of suppliers and/or manufacturers of Apenshot as well as the agents thereof, employee illness, defects in auxiliary or transport equipment explicitly constitute force majeure.
10.3 In the event of force majeure, Apenshot reserves the right to suspend its obligations and shall also be entitled to dissolve the agreement in whole or in part or to demand that the contents of the agreement be amended such that performance remains possible. Under no circumstances shall Apenshot be obliged to pay any fine or compensation.
10.4 Should Apenshot already have fulfilled part of its obligations when the force majeure occurs, or only be able to fulfil part of its obligations, it shall be entitled to invoice the part already delivered or the deliverable part separately, and the buyer shall be obliged to pay this invoice as though it were a separate contract. However, this does not apply should the part already delivered, or the deliverable part have no independent value.
11.1 Apenshot shall not be held liable for damage to vehicles or other objects caused by incorrect use of the products. Please read the instructions on the packaging and/or consult our website before use.
Retention of title
12.1 Ownership of all goods sold and delivered by Apenshot to the buyer remains with Apenshot as long as the buyer has not paid Apenshot’s claims under the agreement or similar previous or subsequent agreements, as long as the buyer has not paid for the work performed or to be performed under this or similar agreements, and as long as the buyer still has not paid Apenshot’s claims due to failure to fulfil such obligations, including claims related to penalties, interest and costs, as stipulated in Article 3:92 of the Dutch Civil Code.
12.2 The goods delivered by Apenshot that are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The buyer is not authorised to pledge the goods subject to the retention of title or to encumber them in any other way.
12.4 The buyer hereby unconditionally and irrevocably authorises Apenshot or a third party to be appointed by Apenshot to access all sites at which its property should be located and to repossess them, under any circumstances in which Apenshot should wish to exercise its property rights.
12.5 Should third parties seize delivered goods that are subject to retention of title or wish to establish or claim rights thereto, the buyer shall be obliged to inform Apenshot thereof at the first reasonable opportunity.
12.6 The buyer shall undertake to insure the delivered goods that are subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make said insurance policy available for inspection by Apenshot on first request.
Applicable law/competent court
13.1 All agreements shall be governed by Dutch law.
13.2 Disputes arising from an agreement between Apenshot and the buyer which cannot be resolved by mutual agreement shall be heard by the competent court in the district of Zeeland-West-Brabant, unless Apenshot should opt to submit the dispute to the competent court in the buyer’s place of residence, except for those disputes which fall within the competence of the regional magistrate.
14.1 Apenshot is a brand of Monkey Business B.V.
14.2 Perfect Groep B.V. in Rotterdam is responsible for the management and execution of the Apenshot e-shop.
14.3 Shipping costs Apenshot e-shop: Depends on the country.
14.4 Apenshot does everything in its power to inform you the items on the Apenshot website. Should an item still fail to satisfy your expectations, it may be exchanged or returned.