General Terms and Conditions MONOP B.V.

MONOP B.V.
Akker 1, 5737 BR Lieshout
The Netherlands
Phone: +31(0)6-40201296
petra@greenscreenbox.nl
www.greenscreenbox.nl

Article 1 – Definitions

1. In these general terms and conditions, the following terms have the following meaning, unless explicitly stated otherwise:
2. Offer: Any written offer to the Buyer to deliver Products and/or Services by the Seller to which these terms and conditions are inseparably linked.
3. Company: The natural or legal person acting in the exercise of a profession or business.
4. Consumer: The natural person who does not act in the exercise of a profession or business.
5. Buyer: The Company or Consumer who enters into an Agreement (at a distance) with the Seller.
6. Agreement: The purchase or service agreement (at a distance) that extends to the sale and delivery of Products and Services purchased by the Buyer from MONOP B.V. and other obligations between the Buyer and MONOP B.V., as well as proposals from MONOP B.V. for Services provided by MONOP B.V. to the Buyer and provided by MONOP B.V.. Buyer is accepted and is accepted and executed by MONOP B.V., whereby these general terms and conditions form an inseparable whole.
7. Services: the Services offered by MONOP B.V. are the provision of (online) training courses and workshops.
8. Products: The Greenscreenbox Products and related accessories offered by MONOP B.V.
9. Seller: The supplier of Products to the Buyer, hereinafter: MONOP B.V..

Article 2 – Applicability

1. These general terms and conditions apply to every Offer of MONOP B.V. and every Agreement between MONOP B.V. and a Buyer and to every Product and Services offered by MONOP B.V..
2. Before an Agreement is concluded (at a distance), the Buyer will have access to these general terms and conditions. If this is not reasonably possible, MONOP B.V. will indicate to the Buyer how the Buyer can view the general terms and conditions, which in any case have been published on the MONOP B.V. website, so that the Buyer can easily store these general terms and conditions on a durable medium.
3. Deviation from these general terms and conditions is not possible. In exceptional situations, the general terms and conditions can be deviated from insofar as this has been explicitly agreed in writing with MONOP B.V..
4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and / or purchase conditions of the Buyer are explicitly rejected.
5. If one or more provisions of these general terms and conditions are partially or completely null and void or are nullified, the other provisions of these general terms and conditions will remain in force and the void / nullified provision (s) will be replaced by a provision with the same purport as the original provision.
6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions should be assessed and explained in the spirit of these general terms and conditions.
7. If reference is made to him/her in these general terms and conditions, this should also be understood as a reference to he/ him /her, if and insofar as applicable.

Article 3 – The Offer

1. All offers made by MONOP B.V. are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer only exists when it has been laid down in writing.
2. MONOP B.V. is only bound by the Offer if the acceptance thereof is confirmed in writing by the Buyer within 14 days, or if the Buyer has already paid the amount due. Nevertheless, MONOP B.V. has the right to refuse an Agreement with a potential Buyer for a valid reason for MONOP B.V..
3. The Offer contains an accurate description of the offered Product with associated prices. The description is detailed in such a way that the Buyer is able to make a proper assessment of the Offer. Apparent mistakes or errors in the Offer cannot bind MONOP B.V.. Any images and specific data in the Offer are only an indication and cannot be a ground for any compensation or the dissolution of the Agreement (at a distance). MONOP B.V. cannot guarantee that the colors in the image exactly match the real colors of the Product.
4. Delivery times and delivery periods stated in MONOP B.V.’s Offer are indicative and do not entitle the Buyer to dissolution or compensation if they are exceeded, unless explicitly agreed otherwise.
5. A composite quotation does not oblige MONOP B.V. to deliver part of the Products included in the Offer at a part of the stated price.
6. If and insofar as there is an offer, this does not automatically apply to repeat orders and or agreements. Offers are only valid until stocks last, and according to the sold-out principle.

Article 4 – Establishment of the Agreement

1. The Agreement is concluded at the moment that the Buyer has accepted an Offer from MONOP B.V. by paying the relevant Product or by returning a signed copy (scanned or original) to MONOP B.V., or an explicit and unambiguously agrees to the Offer by email.
2. An Offer can be made by MONOP B.V. via the website or by email.
3. If the Buyer has accepted the Offer by concluding an Agreement with MONOP B.V., MONOP B.V. will confirm the Agreement with the Buyer in writing, at least by email.
4. If the acceptance deviates (on minor points) from the Offer, MONOP B.V. is not bound by it.
5. MONOP B.V. is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from this mistake or error.
6. The right of withdrawal is excluded for the Buyer being a Company. Buyer being a Consumer has the right to assert his right of withdrawal within the legal term. If withdrawal applies, the Buyer will handle the Product and the packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics and operation of the Product. The direct costs for returning the Product are at the expense of the Buyer.
7. The following applies to the online courses: The right of withdrawal is excluded for the Buyer being a Company. For the Buyer being a Consumer, the right of withdrawal is excluded when purchasing the online training and or webinar, if the Buyer, being a Consumer, explicitly waives this and Buyer gets inmediately or within 14 calender days acces to the online training/webinar.

Article 5 – Execution of the Agreement

1. MONOP B.V. will execute the Agreement to the best of its knowledge and ability.
2. If and insofar as required for the proper execution of the Agreement, MONOP B.V. has the right to have certain activities performed by third parties at its own discretion.
3. The Buyer shall ensure that all data, of which MONOP B.V. indicates that they are necessary or of which the Buyer should reasonably understand that they are necessary for the execution of the Agreement, are provided to MONOP B.V. in a timely manner. If the information required for the execution of the Agreement is not provided to MONOP B.V. in time, MONOP B.V. has the right to suspend the execution of the Agreement.
4. In the performance of the Agreement, MONOP B.V. is not obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions result in additional work for MONOP B.V., the Buyer is obliged to reimburse the additional or additional costs accordingly.
5. Before proceeding to implement the Agreement, MONOP B.V. may require security from the Buyer or full payment in advance.
6. MONOP B.V. is not liable for damage, of whatever nature, that has arisen because MONOP B.V. relied on incorrect and / or incomplete information provided by the Buyer, unless this inaccuracy or incompleteness was known to MONOP B.V..
7. The Buyer indemnifies MONOP B.V. against any claims from third parties who suffer damage in connection with the performance of the Agreement and which are attributable to the Buyer.

Article 6 – Delivery

1. If the commencement, progress or delivery or completion of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided all requested information on time, does not sufficiently cooperate, the (down) payment has not been received by MONOP B.V. on time, or if any delay arises due to other circumstances beyond MONOP B.V.’s control, MONOP B.V. is entitled to a reasonable extension of the delivery or completion period. All agreed delivery terms are never strict deadlines. The buyer must give MONOP B.V. notice of default in writing and allow it a reasonable period in which to still be able to deliver the Products and/or Services. The buyer is not entitled to any compensation due to the delay that has arisen.
2. The Buyer, being a Company, is obliged to purchase the Products at the time when they are made available to it in accordance with the Agreement, even if they are offered to it earlier or later than agreed.
3. If the Buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, MONOP B.V. is entitled to store the Products at the expense and risk of the Buyer.
4. If the Products are delivered by MONOP B.V. or an external carrier, MONOP B.V. is entitled to charge any delivery costs, unless otherwise agreed in writing. These will then be invoiced separately unless explicitly agreed otherwise.
5. If MONOP B.V. requires information from the Buyer in the context of the performance of the Agreement, the delivery time will only commence after the Buyer has made all the information necessary for the performance available to MONOP B.V..
6. If MONOP B.V. has stated a term for delivery, this is indicative. Longer delivery periods apply for deliveries outside the Netherlands.
7. MONOP B.V. is entitled to deliver the Products in parts, unless this has been deviated from by Agreement or the partial delivery has no independent value. MONOP B.V. is entitled to invoice the delivered goods separately.
8. Deliveries are only made if all invoices have been paid unless explicitly agreed otherwise. MONOP B.V. reserves the right to refuse delivery if there are well-founded fears of non-payment.

Article 7 – Packaging and transport

1. MONOP B.V. undertakes towards the Buyer to properly package the Products to be delivered and to secure them in such a way that they reach their destination in good condition during normal use.
2. Unless otherwise agreed in writing, all deliveries are made including sales tax (VAT), including packaging and packaging material.
3. Acceptance of Products without any comments or remarks on the consignment note or receipt serves as proof that the packaging was in good condition at the time of delivery.

Article 8 – Investigation, complaints

1. The buyer is obliged to inspect the delivered Product at the time of delivery, but in any case within 14 days after receipt of the delivered goods, but only to that extent to unpack or remove the goods to the extent necessary to assess whether it retains the Product. In doing so, the Buyer must investigate whether the quality and quantity of the delivered goods correspond with the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic. The aforementioned term is 5 days for the business Buyer.
2. The Buyer is obliged to investigate and inform himself in what way the Product is to be used and, in the event of personal use, to test the Product in accordance with the instructions for use. MONOP B.V. accepts no liability for incorrect use of the Product by the Buyer.
3. Any visible defects or shortages must be reported in writing to MONOP B.V. after delivery at petra@greenscreenbox.nl. The buyer has a period of 14 days after delivery for this. Invisible defects or shortages must be reported within 14 days after discovery, but no later than 6 months after delivery. In the event of damage to the Product due to careless handling by the Buyer himself, the Buyer himself is liable for any depreciation of the Product.
4. If a complaint is made on time pursuant to the previous paragraph, the Buyer remains obliged to pay for the Products purchased. If the Buyer wishes to return defective Products, this will only take place with the prior written consent of MONOP B.V. in the manner indicated by MONOP B.V..
5. If the Consumer uses his right of withdrawal, he will return the Product and all accessories, insofar as this is reasonably possible, in original condition and packaging to MONOP B.V., in accordance with MONOP B.V.’s return instructions. The direct costs for return shipments are at the expense and risk of the Buyer.
6. MONOP B.V. is entitled to start an investigation into the authenticity and condition of the returned Products before reimbursement will be made.
7. Refunds to the Buyer will be processed as soon as possible, but payment can take up to 30 days after receipt of the return shipment. Refunds will be made to the previously specified account number.
8. If the Buyer exercises its right of complaint, it has no right to suspend its payment obligation or to settle outstanding invoices.
9. In the absence of a complete delivery, and / or if one or more Products are missing, and this is due to MONOP B.V., MONOP B.V. will send the missing Product (s) or cancel the remaining order after a request from the Buyer. The confirmation of receipt of the Products is leading. Any damage suffered by the Buyer as a result of the (deviating) scope of the delivery cannot be recovered from MONOP B.V..

Article 9 – Advice

1. MONOP B.V. can, if instructed to do so, draw up an advice, action plan, design, report, planning and / or reporting for the benefit of the provision of services. The content thereof is not binding and only advisory in nature, but MONOP B.V. will observe its duties of care. The buyer decides itself and on its own responsibility whether to follow the advice.
2. The advice provided by MONOP B.V., in whatever form, can never be regarded as binding advice.
3. At MONOP B.V.’s first request, the buyer is obliged to assess any proposals it has provided. If MONOP B.V. is delayed in its activities, because the Buyer does not or not timely assess a proposal made by MONOP B.V., the Buyer is at all times responsible for the resulting consequences, such as delay.
4. The nature of the service means that the result at all times depends on external factors that can influence MONOP B.V.’s reports and advice, such as the quality, correctness and timely delivery of the necessary information and data from the Buyer and its employees. The buyer guarantees the quality and the timely and correct delivery of the required data and information.

Article 10 – Workshop and / or training

1. If ordered to do so, MONOP B.V. can provide training and / or workshops for the Buyer.
2. The workshop and / or training will take place at the Buyer’s location or at a MONOP B.V. location to be determined. If the workshop and / or training takes place at the Buyer’s location, the Buyer is obliged to make the facilities required for the workshop and / or training available in a timely manner. If a workshop and / or training cannot take place or is delayed because the Buyer has not complied with the aforementioned obligation, all consequences thereof will be for the account and risk of the Buyer. MONOP B.V. is also entitled to give instructions with regard to the suitability of the location and the facilities available there before the start of the workshop and / or training.
3. The content of the workshop and / or training offered by MONOP B.V. and the advice provided during the workshop and / or training are not binding and only of an advisory nature, but MONOP B.V. will observe its duties of care. The workshop and / or training will be tailored as far as possible to the wishes of the Buyer as well as the needs of the relevant participant (s).
4. The Buyer will notify MONOP B.V. in writing prior to the start of the workshop and / or any circumstances that are or may be important, including any points and priorities that the Buyer wishes to pay attention to.
5. MONOP B.V. is entitled to cancel the workshop and / or training or move it to another date if there are too few registrations. It is at the sole discretion of MONOP B.V. to reschedule the workshop and / or training. If the Buyer is not available on the new date set, the Buyer is entitled to a pro rata refund of money already paid or can participate in the workshop and / or training on another date. The parties will consult on this. If there are too many registrations, MONOP B.V. is entitled to have the workshop and / or training take place in multiple sessions. If applicable, the aforementioned situation will be discussed with the Buyer in good time.

Article 11 – Online training and / or webinar

1. If the Buyer has purchased an online training and / or webinar, the Buyer will be given access to the Service in the manner indicated. MONOP B.V. grants the Buyer a non-exclusive and limited right of use with regard to the online training and / or webinar.
2. The buyer may only use the online learning environment for his own activities. The right of use is therefore not transferable and the Buyer is not permitted to sell, rent, sublicense the right of use or make it available to a third party in any way or for any purpose.
3. The buyer only has access to the online training and / or webinar if the payment conditions have been met. After payment for the training and / or webinar, the Buyer will receive an access link to the page where the training and / or webinar is hosted, after which the Buyer will have access to the training and / or webinar that has been purchased.
4. In the event of technical problems, the Buyer must inform MONOP B.V. thereof in writing by email. MONOP B.V. will take the necessary measures to restore access to the service. If the Buyer is unable to make use of the access to the service for a period, the access to the service will, at the Buyer’s request, be extended by the period during which use of the service was not possible due to technical problems. Such a request must be made by e-mail and will only be granted if the technical problems are at the expense and risk of MONOP B.V..
5. If the Client has paid for access, but does not make use of it, MONOP B.V. will not refund any money. Access to the online training and /or webinar will expire after the training and or webinar has ended. Access to the Service is limited to a maximum period as stated in the offer/order confirmation. If the Buyer wishes to shorten the relevant period, the Buyer must report this to MONOP B.V., after which consultation takes place.
6. If the Buyer wishes to follow another training / webinar, the Buyer must purchase access to a new training and / or webinar.

Article 12 – Obligations of the Buyer

1. The Buyer is obliged to provide all information requested by MONOP B.V. as well as relevant appendices and related information and data in a timely manner and / or before the start of the work and in the desired form for a correct and efficient performance of the Agreement. In the absence of this, it may occur that MONOP B.V. is unable to realize a full implementation and / or delivery of the relevant documents. The consequences of such a situation are at all times at the expense and risk of the Buyer.
2. MONOP B.V. is not obliged to check the accuracy and / or completeness of the information provided to it or to update Buyer with regard to the information if it has changed over time, nor is MONOP B.V. responsible for the correctness and completeness of the information that has been compiled by MONOP B.V. for third parties and / or is provided to third parties in the context of the Agreement.
3. MONOP B.V. may, if necessary for the performance of the Agreement, request additional information. Failing this, MONOP B.V. is entitled to suspend its activities until the information has been received, without being obliged to pay any compensation for whatever reason towards the Buyer. In the event of changed circumstances, the Buyer must notify MONOP B.V. of this immediately or no later than 3 working days after the change has become known.

Article 13 – Additional work and changes

1. If during the execution of the Agreement it appears that the Agreement needs to be adjusted, or at the request of the Buyer further work is necessary to achieve the desired result of the Buyer, the Buyer is obliged to provide these additional to pay for work according to the agreed rate. MONOP B.V. is not obliged to comply with this request and may require the Buyer to conclude a separate Agreement for this and / or refer it to an authorized third party.
2. If the additional activities are the result of the negligence of MONOP B.V., if MONOP B.V. has made an incorrect estimate or could reasonably have foreseen the relevant activities, these costs will not be passed on to the Buyer.

Article 14 – Prices

1. During the validity period of the Offer, the prices of the Products being offered will not be increased, except in the event that there are changes in VAT rates.
2. The prices stated in the Offer include VAT, unless explicitly stated otherwise.
3. The prices as stated in the Offer are based on the cost factors applicable at the time of the conclusion of the Agreement, such as: the import and export duties, freight and unloading costs, insurance and any levies and taxes.
4. In the event of Products or raw materials of which there are price fluctuations on the financial market and on which MONOP B.V. has no influence, MONOP B.V. can offer these Products at variable prices. It is stated in the Offer that the prices are target prices and can fluctuate.
5. In case of cancellation of a workshop or training: if cancelled up to 1 month (30 days) before the start date, the Buyer will receive a full refund, minus the administration fee. In case of cancellation between 30 and 14 days before the start date, 50% of the invoice amount will be charged. For cancellations from 14 days before the start date, 100% of the invoice amount will be charged. In case of no-show during the training or workshop, no money will be refunded.

Article 15 – Payment and collection policy

1. Payment must be made in advance in the currency in which the invoice is made via the indicated method, unless explicitly agreed otherwise.
2. The buyer cannot derive any rights or expectations from a previously issued budget, unless the parties have explicitly agreed otherwise.
3. The buyer must make a lump sum payment to the account number and details of MONOP B.V. made known to it. Parties can only agree on a different payment term after explicit and written permission from MONOP B.V..
4. If a periodic payment obligation of the Buyer has been agreed, MONOP B.V. is entitled to adjust the applicable prices and rates in writing with due observance of a period of 3 months.
5. In the event of liquidation, (personal) bankruptcy, seizure or suspension of payment of (the company of) the Buyer, the claims of MONOP B.V. on the Buyer are immediately due and payable.
6. MONOP B.V. has the right to have the payments made by the Buyer extend in the first place to deduct the costs, then to deduct the interest that has become due and finally to deduct the principal sum and the accrued interest. MONOP B.V. can, without being in default as a result, refuse an offer for payment if the Buyer indicates a different order for the allocation. MONOP B.V. can refuse full repayment of the principal sum, if the interest and accrued interest as well as the costs are not also paid.
7. If the Buyer does not fulfill its payment obligation and has not fulfilled its obligation within the payment term set for this, as stated on the invoice, the Buyer, being a Company, is in default. Buyer, being a Consumer, will first receive a written reminder within a term of 14 days after the date of the reminder to still comply with the payment obligation, including a statement of the extrajudicial costs if the Consumer does not fulfill his obligations within that period, before they are in default.
8. From the date that the Buyer is in default, MONOP B.V. will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 BW, to be calculated according to the graduated scale from the decision on reimbursement for extrajudicial collection costs of 1 July 2012.
9. If MONOP B.V. has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also at the expense of the Buyer.

Article 16 – Retention of Products

1. All Products delivered by MONOP B.V. remain the property of MONOP B.V. until the Buyer has fulfilled all of the following obligations arising from all Agreements concluded with MONOP B.V..
2. The Buyer is not entitled to pledge or encumber in any other way the Products subject to retention of title if ownership has not yet been transferred in full.
3. If third parties seize the Products delivered under retention of title or wish to establish or assert rights thereon, the Buyer is obliged to inform MONOP B.V. of this as soon as may reasonably be expected.
4. In the event that MONOP B.V. wishes to exercise its property rights indicated in this article, the Buyer gives unconditional and irrevocable permission and authorization to MONOP B.V. or third parties to be designated by MONOP B.V. to enter all those places where the properties of MONOP B.V. are located and to also take back those Products.
5. MONOP B.V. has the right to retain the Product (s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or hand over MONOP B.V.. After the Buyer has still fulfilled its obligations, MONOP B.V. will make every effort to deliver the purchased Products to the Buyer as soon as possible, but no later than 20 working days.
6. Costs and other (consequential) damage as a result of retaining the purchased Products are at the expense and risk of the Buyer and will be reimbursed to MONOP B.V. by the Buyer upon first request.

Article 17 – Warranty

1. MONOP B.V. guarantees for one year after delivery that the Products comply with the Agreement, the specifications stated in the Offer, usability and / or reliability and the statutory rules / regulations at the time of the conclusion of the Agreement. More specifically, the Product has been inspected in accordance with CE and EN71.
2. The warranty referred to in this article applies to Products intended explicitly for use only within Europe. When used outside Europe, the Buyer must verify whether the use thereof is suitable for use there and whether it meets the conditions set for it. In that case MONOP B.V. can set other guarantees and other conditions with regard to the Products to be delivered.
3. MONOP B.V. is not liable if the Buyer uses the Product outside Europe. All damage as a result of use is therefore excluded. For the rest, a link is made with article 19 of these general terms and conditions.
4. The warranty applies for a period of one year after delivery, unless the nature of the delivered goods dictates otherwise or the parties have agreed otherwise. If the warranty provided by MONOP B.V. concerns a Product that was produced by a third party, the warranty is limited to that provided by the producer of the Product for it, unless stated otherwise. After expiry of the warranty period, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to the Buyer.
5. MONOP B.V. will provide the Buyer with a written warranty certificate. Failing this, the proof of purchase will serve as proof of the warranty.
6. Any form of guarantee will lapse if a defect has arisen as a result of or ensues from injudicious or improper use (any use contrary to the instructions for use) thereof, incorrect storage or maintenance by the Buyer and / or by third parties if, without written permission from MONOP B.V. , Buyer or third parties have made changes or attempted to make changes to the Product, other Products have been attached to it that do not need to be attached to it or if these have been processed or processed in a manner other than the prescribed way. The buyer is also not entitled to a warranty if the defect is caused by or is the result of circumstances beyond MONOP B.V.’s control.

Article 18 – Suspension and dissolution

1. MONOP B.V. is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement if the Buyer does not or not fully comply with the (payment) obligations under the Agreement.
2. In addition, MONOP B.V. is authorized to dissolve the Agreement existing between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer does not comply in time or properly with the obligations arising for him from any Agreement concluded with MONOP B.V. arise.
3. Furthermore, MONOP B.V. is authorized to dissolve the Agreement or have it dissolved without prior notice of default if circumstances arise of such a nature that fulfillment of the Agreement is impossible or, according to standards of reasonableness and fairness, can no longer be required or if circumstances arise in some other way which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is dissolved, MONOP B.V.’s claims against the Buyer are immediately due and payable. When MONOP B.V. suspends fulfillment of its obligations, it retains its rights under the law and Agreement.
5. MONOP B.V. always reserves the right to claim compensation.

Article 19 – Limitation of liability

1. If the performance of the Agreement by MONOP B.V. leads to MONOP B.V.’s liability towards the Buyer or third parties, that liability is limited to the costs charged by MONOP B.V. in connection with the Agreement, unless the damage has arisen due to intent or gross negligence. MONOP B.V.’s liability is in any case limited to the maximum amount of damage paid out by the insurance company per event per year.
2. MONOP B.V. is not liable for consequential damage, indirect damage, loss of profit and / or loss, missed savings and damage as a result of the use of the delivered Products is excluded. A restriction applies to the Consumers in accordance with what is permitted under Article 7:24 paragraph 2 BW.
3. MONOP B.V. is not liable for and / or obliged to repair damage caused by the use of the Product. MONOP B.V. supplies strict maintenance and operating instructions that must be complied with by the Buyer. All damage to Products as a result of using it, is expressly excluded from liability (this includes traces of use, usage damage, fall damage, light and water damage, theft, loss, etc.).
4. Any advice provided by MONOP B.V. on the basis of incomplete and / or incorrect information provided by the Buyer is never grounds for MONOP B.V.’s liability.
5. The content of the advice provided by MONOP B.V. is not binding and only advisory in nature. The Buyer decides itself and on its own responsibility whether it will follow the proposals and advice of MONOP B.V. mentioned therein. All consequences arising from the follow-up of the advice are at the expense and risk of the Buyer. The buyer is at all times free to make its own choices that deviate from the advice provided by MONOP B.V.. MONOP B.V. is not bound by any form of refund if this is the case.
6. If a third party is engaged by or on behalf of the Buyer, MONOP B.V. is never liable for the actions and advice of the third party engaged by the Buyer as well as the processing of results (of advice drawn up) of the third party engaged by the Buyer in MONOP B.V.’s own advice.
7. MONOP B.V. is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and / or incorrect) information on the website (s) or of linked websites.
   8. MONOP B.V. is not responsible for errors and / or irregularities in the functionality of the website and is not liable for malfunctions or the website being unavailable for whatever reason.
8. MONOP B.V. does not guarantee the correct and complete transmission of the content of an email sent by / on behalf of MONOP B.V., nor the timely receipt thereof.
9. All claims of the Buyer due to shortcomings on the part of MONOP B.V. will lapse if they have not been reported to MONOP B.V. in writing and with reasons within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer will in any case lapse one year after the termination of the Agreement.

Article 20 – Force majeure

1. MONOP B.V. is not liable if, as a result of a force majeure situation, it cannot fulfill its obligations under the Agreement, nor can it be held to comply with any obligation if it is prevented from doing so as a result of a circumstance. which is not due to its fault and cannot be accounted for by law, legal act or generally accepted standards.
2. Force majeure is in any case understood, but is not limited to what is understood in this respect in law and jurisprudence, (i) force majeure of suppliers of MONOP B.V., (ii) failure to properly fulfill obligations of suppliers to which the Buyer has MONOP B.V. are prescribed or recommended, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures (as a result of a pandemic or epidemic), (v) power failure, (vi) failure of the internet, data network and telecommunications facilities (for example through: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at MONOP B.V.’s company and (xi) other situations that, in the opinion of MONOP B.V. outside its sphere of influence that temporarily or permanently impede the fulfillment of its obligations.
3. MONOP B.V. has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after MONOP B.V. should have fulfilled its obligation.
4. During the period that the force majeure continues, the parties can suspend the obligations under the Agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the Agreement, without any obligation to pay compensation to the other party.
5. Insofar as MONOP B.V. has in the meantime partially fulfilled or will be able to fulfill its obligations under the Agreement at the time of the commencement of force majeure, and independent value is attributed to the part fulfilled or to be fulfilled respectively, MONOP B.V. is entitled to fulfill or fulfill the already fulfilled respectively. come to be invoiced separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 21 – Transfer of risk

The risk of loss or damage to the Products that are the subject of the Agreement transfers to the Buyer, being a Company at the moment the Products leave MONOP B.V.’s warehouse. For Consumers, the above risk will pass to the Buyer if the Products have been provided in the Buyer’s control. This is the case if the Products have been delivered to the delivery address of the Buyer.

Article 22 – Intellectual Property

1. All intellectual property rights and copyrights of MONOP B.V. rest exclusively with MONOP B.V. and are not transferred to the Buyer.
2. The Buyer is prohibited from disclosing and / or multiplying, modifying or making available to third parties all documents on which MONOP B.V.’s intellectual property rights and copyrights rest without the express prior written consent of MONOP B.V.. The Buyer is not permitted to make any changes to the Products supplied by MONOP B.V..
3. The Buyer is prohibited from using the Products on which MONOP B.V.’s intellectual property rights rest in any other way than agreed in the Agreement.
4. In the event of a breach by the Buyer, the Buyer will owe MONOP B.V. an immediately payable fine of € 10000,- plus a fine of € 500,- for each day that the breach continues. MONOP B.V. is entitled to claim additional compensation if the damage it has suffered exceeds the amount of the fine.

Article 23 – Privacy, data processing and security

1. MONOP B.V. handles the (personal) data of the Buyer and visitors to the website (s) with care. If requested, MONOP B.V. will inform the person concerned about this.
2. If MONOP B.V. is required to provide information security on the basis of the Agreement, this security will meet the agreed specifications and a security level that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.

Article 24 – Complaints

1. If the Buyer is not satisfied with the Products of MONOP B.V. and / or has complaints about the (performance of the) Agreement, the Buyer is obliged to submit these complaints as soon as possible, but no later than 14 calendar days after the relevant cause that gives rise to the complaint resulted in reporting. Complaints can be reported via petra@greenscreenbox.nl with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and / or explained by the Buyer if MONOP B.V. is to be able to process the complaint.
3. MONOP B.V. will send a confirmation of receipt within 2 working days. MONOP B.V. shall endeavour to resolve complaints within 4 weeks of receipt in consultation with the Customer. Should this not prove feasible, the Buyer will be informed in writing (i.e. by e-mail) at least 1 week before the 4-week period expires. The written notification shall also include an indication of when MONOP B.V. expects to be able to give a definitive answer to the complaint.
4. Parties will try to reach a solution together.
5. Complaints will always be treated confidentially.
6. If the above procedure does not lead to a solution, it is possible for the Buyer to submit a dispute for mediation to an independent third party, namely: “Raad en Daad” (www.raad-daad.nl/mediation). Ruling of this independent third party is binding for MONOP B.V.. Any consequences will be implemented within 21 days.
7. Complaints and manner of settlement are recorded and kept for the duration of 1 year.

Article 25 – Applicable law

1. The Dutch law applies to every Agreement between MONOP B.V. and the Buyer. The applicability of the (CISG) International Sale of Goods is expressly excluded.
2. In the event of an explanation of the content and scope of these general terms and conditions, the Dutch version is always decisive. MONOP B.V. has the right to unilaterally change these general terms and conditions.
3. All disputes arising from or as a result of the Agreement between MONOP B.V. and the Buyer will be settled at the competent Court of Oost-Brabant, location Eindhoven (The Netherlands), unless mandatory provisions of law lead to the jurisdiction of another court.

Lieshout, 19-06-2023