Terms of service

Table of contents

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in the event of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Continuing agreements: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions:

  1. Cooling-off period: the period within which the consumer can exercise the right of withdrawal;
  2. Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
  3. Day: calendar day;
  4. Continuing agreement: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future reference and unaltered reproduction of the stored information;
  6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
  7. Model form: the model withdrawal form provided by the trader, which a consumer can complete when they wish to exercise the right of withdrawal;
  8. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
  10. Technique for distance communication: a means that can be used to conclude a contract without the consumer and trader being in the same place at the same time;
  11. Terms and Conditions: these General Terms and Conditions of the trader.
Article 2 - Identity of the trader

SparkMonkey
Speeldonk 32
5682 JJ Best
The Netherlands

Website: sparkmonkey.eu
Phone: +31 6 57077363
Email: support@sparkmonkey.eu
Chamber of Commerce (KvK) no.: 76108430
VAT no.: NL003044155B37

Article 3 - Applicability
  1. These terms and conditions apply to every offer made by the trader and to every distance contract concluded and every order placed between the trader and the consumer.
  2. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be viewed at the trader's premises and will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.
  4. If specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to them.
  5. If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the provision concerned will be replaced without delay, in mutual consultation, by a provision that approximates the purport of the original as closely as possible.
  6. Situations not covered by these terms and conditions must be assessed ‘in the spirit’ of these terms and conditions.
  7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these terms and conditions.
Article 4 - The offer
  1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The trader is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the products and/or services offered.
  4. Images and specifications in the offer are as accurate a representation as possible of the products offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
  5. Product images are a truthful representation of the products offered. The trader cannot guarantee that the colours shown exactly match the actual colours of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the manner in which the agreement will be concluded and which actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and performance of the agreement;
    • the period for accepting the offer, or the period within which the trader guarantees the price;
    • the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
    • whether the agreement is archived after its conclusion and, if so, how the consumer can consult it;
    • the manner in which the consumer can check and, if desired, correct the data provided in the context of the agreement before concluding it;
    • any other languages in which, in addition to Dutch, the agreement can be concluded;
    • the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of a continuing agreement.
Article 5 - The agreement
  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the agreement.
  3. If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
  4. Within the legal framework, the trader may inform itself whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
  5. The trader will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
    • the visiting address of the trader's establishment where the consumer can go with complaints;
    • 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;
    • information about warranties and existing after-sales service;
    • the information included in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer before performance of the agreement;
    • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  6. In the case of a continuing agreement, the provision in the previous paragraph applies only to the first delivery.
  7. Every agreement is entered into subject to the condition precedent of sufficient availability of the products concerned.
Article 6 - Right of withdrawal

For the delivery of products:

  1. When purchasing products, the consumer may cancel the agreement without giving reasons within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the trader.
  2. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise the right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
  3. If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days of receipt of the product. The consumer can do this using the model withdrawal form (available at sparkmonkey.eu/pages/herroepingsformulier) or in another unambiguous manner, for example by email to support@sparkmonkey.eu. After notifying the trader, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by means of proof of shipment.
  4. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise the right of withdrawal or has not returned the product to the trader, the purchase is final.

For the provision of services:

  1. When services are provided, the consumer may cancel the agreement without giving reasons for at least 14 days, starting on the day the agreement is concluded.
  2. To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.
Article 7 - Costs in the event of withdrawal
  1. The consumer bears the direct costs of returning the product. In the event of withdrawal, the trader refunds the purchase price and the cost of standard delivery of the original order.
  2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.
  3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in the value of the product.
  4. The consumer cannot be held liable for any reduction in the value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be provided before the purchase agreement is concluded.
Article 8 - Exclusion of the right of withdrawal
  1. The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion only applies if the trader has clearly stated this in the offer, or at least in good time before the agreement is concluded.
  2. Exclusion of the right of withdrawal is only possible for products:
    • made by the trader in accordance with the consumer's specifications;
    • that are clearly personal in nature;
    • that by their nature cannot be returned;
    • that can spoil or age quickly;
    • whose price is subject to fluctuations in the financial market over which the trader has no influence;
    • single newspapers and magazines;
    • audio and video recordings and computer software whose seal has been broken by the consumer;
    • hygiene products whose seal has been broken by the consumer.
  3. Exclusion of the right of withdrawal is only possible for services:
    • relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
    • whose provision has begun with the consumer's express consent before the cooling-off period has expired;
    • relating to bets and lotteries.
Article 9 - The price
  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence at variable prices. This dependence on fluctuations and the fact that any prices stated are target prices will be stated with the offer.
  3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
    • they result from statutory regulations or provisions; or
    • the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.
  6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty

  1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and usability and the statutory provisions and government regulations in force on the date the agreement is concluded.

    The statutory warranty applies to all products. This means that a product must do what the consumer may reasonably expect of it. The duration of the statutory warranty depends, among other things, on the nature of the product and its reasonably expected lifespan.

    Any additional warranty from SparkMonkey, the manufacturer or the importer does not affect the consumer's statutory rights.

Article 11 - Delivery and performance
  1. The trader will take the greatest possible care when receiving and carrying out orders for products 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 company.
  3. Taking into account what is stated in paragraph 4 of this article, the company will carry out accepted orders expeditiously but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or only partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to contractual compensation.
  4. The delivery times stated on the website are indicative. This does not affect the consumer's rights under paragraph 3 of this article.
  5. In the event of termination in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
  6. If delivery of an ordered product proves impossible, the trader will make every effort to make a replacement item available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the trader.
  7. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 12 - Continuing agreements: duration, termination and renewal

Termination

  1. The consumer may terminate an agreement entered into for an indefinite period for 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.
  2. The consumer may terminate an agreement entered into for a fixed period for the regular delivery of products (including electricity) or services at any time with effect from the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements referred to in the previous paragraphs:
    • at any time, without being limited to termination at a specific time or in a specific period;
    • at least in the same manner as they were entered into;
    • always with the same notice period as the trader has stipulated for itself.

Renewal

  1. An agreement entered into for a fixed period for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  2. Notwithstanding the previous paragraph, an agreement entered into for a fixed period for the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a fixed period of no more than three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
  3. An agreement entered into for a fixed period for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, or no more than three months if the agreement concerns the regular, but less than monthly, delivery of daily, news and weekly papers and magazines.
  4. An agreement of limited duration for the regular introductory delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 - Payment
  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Article 6(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
  2. The consumer must report any inaccuracies in payment details provided or stated to the trader without delay.
  3. In the event of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
  1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints about the performance of the agreement must be submitted to the trader, fully and clearly described, within 2 months after the consumer has discovered the defects.
  3. Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint foreseeably requires a longer processing time, the trader will reply within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. In the event of complaints, the consumer must first contact the trader.
  6. A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
  7. If a complaint is found to be justified, the consumer is entitled to repair or replacement of the product, at the consumer's choice, unless the chosen remedy is impossible or would impose disproportionately high costs on the trader. If repair or replacement is not possible or is not carried out within a reasonable period, the consumer is entitled to a price reduction or termination of the agreement, in accordance with the law.
Article 15 - Disputes
  1. Agreements between the trader and the consumer to which these terms and conditions apply are governed by Dutch law. If the consumer lives in another country of the European Union, they retain the protection afforded to them by the mandatory provisions of the law of their country of residence.
  2. The Vienna Sales Convention (CISG) does not apply.
Article 16 - Additional or deviating provisions

Provisions that are additional to or deviate from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

This is a translation of the Dutch terms and conditions. In the event of any discrepancy, the Dutch version prevails, without prejudice to mandatory consumer law.