Terms of service

This translation can only be used in combination with and as explanation to the Dutch text. In the event of a disagreement or dispute relating to the interpretation of the English text, the Dutch text will be binding. These general terms and conditions are subject to Dutch Law.

General Terms and Conditions Dutch Monster

1. Parties

Dutch Monster, registered with the Chamber of Commerce under number 94265917, located at De Nieuwe Erven 3 (5431 NV) in Cuijk, user of these Terms and Conditions.
Further details of Dutch Monster:

Website: www.united-collectibles.nl

E-mail address: info@united-collectibles.nl

Phone number: +31 6 22 00 26 01

VAT identification number: NL866700560B01

The Customer: the (potential) buyer of goods offered by Dutch Monster.

2. Applicability

Dutch Monster declares these Terms and Conditions applicable to each offer made by Dutch Monster and, whether or not resulting therefrom, agreements entered into by the parties with each other. Insofar as the content has not been amended, these general terms and conditions shall also apply to future contractual relationships between the parties.
Deviations from these terms and conditions shall only apply insofar as they have been expressly agreed in writing by the parties.
The applicability of any general, purchase or other conditions of The Customer is expressly rejected.
The present conditions also apply to all agreements with Dutch Monster, for the execution of which third parties must be involved.
In the event that one or more of the provisions of these general terms and conditions are invalid or may be annulled, the other provisions of these general terms and conditions shall remain fully applicable. Parties will agree on a new provision to replace the void or voided provision, which will take the purpose and intent of the original provision into account as much as possible.

3. Offer and agreement

Each offer, whether in the form of a quotation or otherwise, is entirely and unconditionally free of obligation and revocable and has a validity period of 14 days, unless otherwise indicated in writing by Dutch Monster.
Each offer shall only apply insofar as the stock of Dutch Monster is available.
The prices as stated in quotation are, unless otherwise stated, in Euros and exclusive of 21% VAT, shipping costs and subject to levies, surcharges and other factors.
All statements by Dutch Monster of numbers, sizes, weights and color of the goods in the designs, drawings, illustrations, photographs or models shown or provided shall be indications only. A minor deviation from this in the goods supplied shall not result in a shortcoming in the fulfilment of the agreement on the part of Dutch Monster.
An offer does not automatically apply to subsequent orders.
Obvious clerical errors and mistakes in the offer shall not be binding on Dutch Monster.
The agreement is concluded when:

Order via webshop: once The Customer has correctly completed the order procedure on Dutch Monster's website and after the confirmation email of the agreement sent by Dutch Monster has arrived in the mailbox of the email address provided by The Customer.

Order other than via the web shop: after both parties have signed an offer in writing, after Dutch Monster has confirmed a written acceptance or after Dutch Monster, or a third party on its behalf, has commenced performance.

The agreement is expressly entered into under the suspensive condition of sufficient availability of the goods ordered.

4. Execution and delivery

The Customer shall give Dutch Monster the opportunity to execute the agreement. The Customer undertakes to provide the necessary cooperation for the performance of the agreement by Dutch Monster.
Dutch Monster shall endeavor to perform the Agreement within the specified/estimated term. This term is not fatal, as a result of which The Customer must always first give Dutch Monster notice of default, whereby a long and reasonable period of 14 days must be given, before any remedy can be taken. The expiry of this period does not allow the Customer to rescind the Agreement and does not entitle the Customer to damages. After the expiry of this period, the parties shall make every effort to perform the agreement within a reasonable time.
If Dutch Monster takes care of delivery, the Customer must provide a delivery address where Dutch Monster can deliver the goods to be delivered on the date indicated. If The Customer is not present on the date specified by Dutch Monster when goods are delivered, the costs of presenting the goods at a subsequent time shall be payable by The Customer. The Customer will then receive notice that the order can be picked up at a location specified by Dutch Monster after payment of the additional costs, including the logistics (planning) costs at the storage location due to unexpected extra storage.
If delivery takes place at Dutch Monster's premises and The Customer therefore collects the goods there, The Customer must comply with the agreed delivery date. If The Customer fails to collect the goods on the agreed date, Dutch Monster has the option to recover the reasonable costs of storing the goods from The Customer.
Delivery of goods shall only take place after the formation of the Contract. The risk of loss or diminution in the value of the goods to be delivered passes to The Customer from the time they are or were to be made available to him but this time is delayed under the responsibility of The Customer. This is irrespective of whether the transfer of ownership has already taken place.
Dutch Monster is entitled to execute the agreement in stages and to invoice the part thus executed separately. If the agreement is performed in phases, Dutch Monster can suspend the performance of those parts belonging to a subsequent phase until The Customer has approved the results of the preceding phase in writing. Upon approval, Dutch Monster can no longer be held liable for defects which could reasonably have been known at the time of approval.
Without being in default, Dutch Monster can refuse a request to amend the agreement if this could have qualitative and/or quantitative consequences, for example, for the goods to be supplied in that context.
Unless otherwise agreed, deliveries are expressly made under the latest Incoterms EX Works/Factory.

5. Obligations of the Customer

The Customer shall give Dutch Monster the opportunity to perform the Agreement. The Customer undertakes to provide the cooperation necessary for the performance of the agreement by Dutch Monster. This includes:
a) Being present at the delivery address specified by The Customer on the agreed delivery date;
b) ensuring that Dutch Monster can obtain the approvals (such as consents etc.) and information required for the order;
c) ensure that any work to be carried out and/or deliveries to be made by third parties which are not part of the instruction of Dutch Monster are carried out in such a manner and in such timely fashion that the execution of the instruction is not delayed as a result.
If the obligations in paragraph 1 are not fulfilled (on time), the Customer shall inform Dutch Monster thereof in due time. Dutch Monster shall be entitled to charge the Customer for any additional costs involved, such as storage, travel or labour costs, as a result.
If the obligations in paragraph 1 are not fulfilled (on time), Dutch Monster shall not be obliged to compensate the Customer for the damage resulting from a delay in the delivery.
The Customer shall ensure that all information which Dutch Monster indicates is necessary or which the Customer should reasonably understand is necessary for the execution of the agreement is provided to Dutch Monster in good time. The Customer itself bears the risk and responsibility of the correct and timely delivery of the required information and its contents, regardless of how the Customer provides it. If the necessary information is not provided to Dutch Monster in due time, Dutch Monster shall be entitled to suspend performance of the agreement and/or to charge the Customer for any additional costs arising from the delay at the usual rates.
Prior to the execution, The Customer shall provide Dutch Monster with the agreed and required items and information, such as address and contact details. Dutch Monster shall assess these to the best of its knowledge. However, Dutch Monster shall not be liable for any damage caused by the fact that work was nevertheless carried out on the basis of incorrectly provided matters and information by The Customer.
The Customer expressly bears the risk for damages caused by:
a) Inaccuracies in the constructions and working methods required by The Customer;
b) Defects in materials or resources made available by The Customer.
The Customer warrants that digitally supplied material is secure and contains no viruses or other harmful content which may in any way damage the computer systems, computer programs of Dutch Monster and/or third parties.

6. Retention of title

Ownership of the goods to be delivered, as opposed to the actual grant of power, shall not pass to The Customer until the Customer has paid in full all that which is or will be owed to Dutch Monster in respect of the agreement. This therefore includes not only the purchase price but also, inter alia, any further penalties, additional costs or extrajudicial collection costs owed.
Pursuant to this retention of title, The Customer is therefore not entitled to alienate or encumber the goods with, for example, a lien.
In connection with the effectiveness of the retention of title, The Customer undertakes to inform Dutch Monster promptly and adequately in the event of impending bankruptcy, suspension of payments, debt restructuring or if third parties threaten to seize any of the goods delivered subject to retention of title. The Customer shall also be obliged to adequately insure the goods delivered under retention of title against damage and theft.
When the Customer is in default of any obligation under the agreement, the Customer is obliged, at the request of Dutch Monster, to provide all necessary cooperation to enable Dutch Monster to again dispose unencumbered of the goods delivered. This includes any obligation to return the goods at Dutch Monster's request and at the Customer's expense.

7. Warranty and liability

The Customer accepts that all goods are sold with all known, unknown, visible and invisible factual and legal defects, charges and limitations.

No warranties shall be given, other than to the extent that a warranty is provided by Dutch Monster's supplier or otherwise expressly agreed.

The Customer shall be obliged to check the delivery and performance for conformity with regard to quantity and quality as soon as possible, but within 48 hours. If the performance does not conform to the conformity agreed on the basis of the agreement, and therefore there is a defect, the Customer must inform Dutch Monster within 8 days of delivery.
Following the provision of information as referred to in the previous paragraph, Dutch Monster shall either repair or replace the defect free of charge to the extent reasonable. If neither of the two remedies described above effectively remedies the defect, The Customer shall have the right to (partially) rescind the agreement in respect of this defect, whereby The Customer shall bear the costs of returning the Delivered. The foregoing applies without The Customer being entitled to any compensation.
If the complaint was caused by an error which can be attributed to The Customer or if The Customer has informed Dutch Monster of the defect too late, the Customer's right to repair, replacement or possible termination as described in this article shall lapse. The burden of proof that the fault is not attributable to The Customer lies with The Customer.
The existence of a defect does not suspend The Customer's payment obligation.
The Customer is never entitled to any remedy if the item has been used incorrectly or carelessly. The Customer is obliged to use the goods in accordance with the appropriate documents, such as an instruction manual and/or instructions on the packaging of the goods from Dutch Monster. The Customer undertakes to have the goods used only by persons who have been properly instructed on their use. If the aforementioned is not observed or extras and/or changes, in any form whatsoever, are made by The Customer, any warranty lapses.
Dutch Monster shall only be liable to The Customer for direct damage of The Customer and only in the event of intent or gross negligence.
In the event that Dutch Monster is liable towards The Customer, then this liability is limited to the amount paid out under Dutch Monster's professional/corporate liability insurance policy or other liability insurance policy, but at most (in the event there is no insurance policy to which a claim can be made) to the amount of the invoice amount from which the damage arose plus 15%.
Dutch Monster's liability does not extend, except in cases of intent or deliberate recklessness, to consequential damage, indirect damage, intangible damage, damage caused by delay, property damage, loss of goodwill, loss of sales and/or profit, etc.
The Customer shall indemnify Dutch Monster against third party damage arising in connection with the agreement as a result of Dutch Monster having acted, including omitting to act, on the basis of information, data and documents provided by The Customer which are inaccurate, incomplete or late or which deviate from these General Terms and Conditions.
In all cases, the period within which Dutch Monster can be sued for compensation for damage, shall be limited to 12 months the event causing the damage.

8. Prices and payment

The offer is made by mutual agreement. By concluding the agreement, the parties consider the prices to be reasonable and fair.
Unless otherwise agreed, The Customer shall pay the money owed in full prior to delivery of Dutch Monster. Invoices must in any event be paid within 14 days of receipt of the invoice by wire transfer. Dutch Monster is entitled to invoice immediately after the Agreement has been concluded
If the agreed term of payment is exceeded, Dutch Monster is immediately entitled to charge the Customer default interest of 1% of the principal sum per month as well as an amount for extrajudicial collection costs. The latter costs amount to 15% of the principal sum due with a minimum amount of EUR. 100,- excluding VAT.
Without the express written consent of Dutch Monster, The Customer is not allowed to apply set-off and/or suspension and/or deduction in respect of its payment obligations.

9. Termination of the Agreement

Dutch Monster is entitled to dissolve the agreement with The Customer with immediate effect for the future by means of a written notice without (further) prior notice if:
a) The Customer discontinues or otherwise liquidates all or part of its business operations and/or substantially alters or transfers its business operations to a third party without the prior written consent of Dutch Monster;
b) The Customer is granted suspension of payment (provisional or otherwise) or The Customer is declared bankrupt, The Customer files a request for application of a debt rescheduling scheme, or The Customer is placed under guardianship or administration;
c) Customer’s assets are seized.
In the event of termination of the Agreement, all payments owed by The Customer to Dutch Monster shall be immediately due and payable in full. If the work is not fully completed, The Customer shall owe a proportionate share of the total sum of money.
In the event of termination of the agreement, The Customer shall, at the request of Dutch Monster, provide all necessary cooperation to enable Dutch Monster to again dispose of delivered items unencumbered.

10. Force Majeure

In addition to the provisions of the law and jurisprudence, force majeure shall be understood to mean all external causes, foreseen or unforeseen, which Dutch Monster cannot influence. This includes war, natural disasters, strikes, traffic disturbances, unforeseeable stagnation, disturbances in the supply of energy, transport difficulties, fire, loss or damage during transport, import and/or export restrictions, shortcomings in the fulfillment of third parties on which Dutch Monster is dependent in the execution of the agreement with The Customer, epidemics, pandemics and government measures.
During force majeure, Dutch Monster's obligations shall be suspended. If fulfilment due to force majeure is impossible for more than one month, or there are other circumstances with make it disproportionately difficult for Dutch Monster to fulfil its obligations, Dutch Monster shall be entitled to dissolve the agreement in whole or in part by giving notice to The Customer and without judicial intervention, without there being any obligation to pay compensation in that case.
If Dutch Monster has already fulfilled part of its obligations when force majeure occurs, it shall be entitled to invoice the part already delivered or performed separately or, in the case of advance payments, to credit part of them.
In the event of (interim) termination of the Agreement, all payments owed by The Customer to Dutch Monster shall be immediately due and payable in full.

11. Intellectual property rights

Dutch Monster reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual property laws and regulations.
The trademarks, images, logos and photographs used and displayed on Dutch Monster's website and goods are registered or unregistered trademarks of Dutch Monster or third parties and may not be used commercially without the prior consent of the proprietor of those trademarks.

12. Forum, choice of law and transfer of rights

Dutch Monster shall be entitled to transfer its rights and obligations under this Agreement to a third party. The Customer shall only be authorized to transfer its rights and obligations to a third party with the written consent of Dutch Monster.
This - and any other - agreement(s) entered into between the parties is exclusively governed by Dutch law, with the express exception of the Vienna Sales Convention. Should an obligation arise between the parties in the future, other than as a result of an agreement, that obligation shall also be governed by Dutch law.
In the event of a dispute arising from the agreement between the parties, the court of the district in which Dutch Monster’s registered office of principal place of business falls shall have exclusive absolute jurisdiction. In the event that a dispute arises between the parties in respect of non-contractual obligations, the court in the district to which Dutch Monster's place of business belongs shall also have exclusive absolute jurisdiction.

13. Right of withdrawal

This article only applies if The Customer is a natural person acting for purposes falling outside his business or professional activities and the agreement was not concluded in the physical shop but at a distance, e.g. via the webshop.
In principle, The Customer has the right to withdraw from the agreement within a period of 14 days without giving reasons. However, the Customer has no right of withdrawal if the delivery of goods manufactured according to The Customer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of The Customer, or which are clearly intended for a specific person.
The withdrawal period shall expire 14 days from the day on which The Customer or a third party designated by The Customer, who is not the carrier, takes physical possession of the good or, for contracts where The Customer has ordered multiple goods in the same order to be delivered separately, the day on which The Customer or a third party designated by The Customer, who is not the carrier, takes physical possession of the last good.
To exercise the right of withdrawal, The Customer must inform Dutch Monster, via an unambigious statement (e.g. in writing by post, fax or email) of the decision to withdraw from the contract. The Customer may use the attached model withdrawal form as set out in paragraph 7 of this article or download it via this link, but is not obliged to do so.
To comply with the withdrawal period, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
If The Customer revokes the agreement, The Customer will receive all payments that The Customer has made up to that point, including delivery costs (excluding any additional costs resulting from The Customer's choice of a different method of delivery than that specified by Dutch Monster offered (cheapest) standard delivery) from Dutch Monster without delay and in any case not later than 14 days after Dutch Monster has been informed of the decision to withdraw from the agreement. Dutch Monster will reimburse the Customer using the same payment method with which the Customer performed the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged any costs for such reimbursement. Dutch Monster is entitled to wait with reimbursement until it has received the goods back, or the Customer has demonstrated that the Customer has returned the goods, whichever comes first. The Customer must return or hand over the goods to Dutch Monster without delay, but in any case no later than 14 days after the day on which the Customer communicates the decision to withdraw from the agreement to Dutch Monster. The Customer is on time if The Customer returns the goods before the period of 14 days has expired. The direct costs of returning the goods will be borne by the Customer. The Customer is only liable for any reduction in value of the goods resulting from use of the goods that goes beyond what is necessary to determine the nature, characteristics and functioning of the goods. Depreciation will in any case, but not be limited to, occur if a seal is broken.
Model withdrawal form; in order to facilitate the withdrawal for The Customer, Dutch Monster shall make the form below available to The Customer. The Customer may use this form to revoke the Agreement.

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To Dutch Monster

De Nieuwe Erven 3

5431 NV

Cuijk

Nederland

info@united-collectibles.nl

https://www.united-collectibles.nl

I/We (*) hereby inform you that I/We revoke (*) our agreement regarding the sale of the following goods/provision of the following service (*)

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