These terms and conditions are applied by Shopmonkey B.V., located at Hulswitweg 53, 2031BG in Haarlem, hereinafter referred to as "Shopmonkey."
Article 1. General Terms
1.1. In these terms, Shopmonkey, also operating under the names Online Monkey, Shopmonkey.nl, and Sitemonkey.nl, shall be referred to as "Shopmonkey", and the term "the client" refers to the counterparty, customer, or the party who commissions Shopmonkey.
1.2. These Terms and Conditions apply to all offers and agreements in which services are provided to the client.
1.3. Upon the conclusion of an agreement/commission, the client is deemed to have agreed to the exclusive applicability of these Terms and Conditions.
1.4. The applicability of any terms used by the client is excluded.
Article 2. Quotes and Formation
2.1. All quotes are non-binding, unless a specific acceptance period is stated in the quote.
2.2. An agreement between Shopmonkey and the client is concluded when the order is confirmed in writing (via post or email) by both parties.
2.3. If, after the agreement has been concluded, changes are made by the client, which Shopmonkey agrees to, and the agreement is fully or partially cancelled, then all costs already incurred, as well as the amount of lost profits, will be borne by the client.
2.4. Shopmonkey is authorized to engage third parties for the proper execution of the order, if Shopmonkey deems it necessary. The costs of these third parties will be passed on to the client in accordance with the provided price estimates.
2.5. If, during the execution of the agreement, it becomes apparent that changes or additions to the work are necessary for proper completion, the parties will adjust the agreement accordingly in a timely manner through mutual consultation.
Article 3. Price and Payment
3.1. All prices are exclusive of VAT (sales tax) and other government-imposed charges.
3.2. Payment for periodic (license) fees (if applicable) and/or provided services must be made within 14 days of the invoice date. Payments by the client can be made via direct debit or bank transfer. The debtor’s authorization for direct debit applies to all amounts due under the agreement, unless otherwise agreed.
3.3. After the 14-day period following the invoice date, the client will be in default; from the moment of default, the client will owe administrative costs of at least €50.00, plus interest of 1.5% per month on the overdue amount, unless the statutory interest is higher, in which case the statutory interest will apply.
3.4. In the event of liquidation, bankruptcy, or suspension of payment of the client, Shopmonkey's claims and the client’s obligations to Shopmonkey will become immediately due.
3.5. If the client disputes the invoice amount, the client must notify Shopmonkey of their objections within ten days of the invoice date. After this period, the right to claim is forfeited.
3.6. For every unsuccessful attempt to collect funds via direct debit, the client will owe administrative costs of €25.00 to Shopmonkey.
3.7. Shopmonkey has the right to request full or partial prepayment and/or obtain security for payment in another manner at any time.
3.8. Shopmonkey will notify the client of each payment with an invoice by email.
3.9. When Shopmonkey’s or third parties’ rates change, Shopmonkey is entitled to adjust the prices owed by the client accordingly.
3.10. The client waives any right to set off amounts owed to and by both parties.
3.11. If no payment or full payment of the monthly license fee or one-time fee is received, Shopmonkey is entitled to deny the client use of and access to the service.
3.12. If payment is not received, Shopmonkey is entitled to demand the full amount due for the remainder of the minimum license term (if applicable). If the client has not terminated the agreement as per Article 4.1., new periodic fees will be charged after the minimum term of the agreement has expired.
Article 4. Term - License Agreement
4.1. The (license) agreement, if applicable, enters into force on the date of written confirmation by both parties, or on the date the client registers through Shopmonkey’s websites, or when the license agreement is received by Shopmonkey.
4.2. The agreement is concluded for a minimum period of 12 months (unless otherwise stated in the license agreement) and will be automatically extended for successive periods of the agreed minimum term, unless the agreement is terminated by the client with a notice period of at least one month.
4.3. The termination of the agreement must be done in writing, via registered mail or email. The date of receipt of the letter and/or email is binding. The client will receive a confirmation of the termination via email.
Article 5. Third-Party Products
5.1. If the client is a new customer who does not yet have an agreement with Lightspeed eCom Group B.V., Shopmonkey will automatically provide third-party products, in this case, from Lightspeed eCom Group B.V., and the terms of those third parties will apply to those products. Shopmonkey will send a copy of these terms to the client upon request.
5.2. Shopmonkey’s liability for third-party products shall in no event exceed the amount that can be recovered from those third parties.
Article 6. Confidential Information
6.1. Any information provided by one party to the other, which the receiving party knows or should reasonably know is confidential, will be treated as confidential information. The receiving party will only use this information for the purpose for which it was provided.
6.2. Neither party will, without the other party’s consent, hire or approach any employees of the other party involved in the execution of the agreement during the term of the agreement, nor within one year after termination of the agreement, unless agreed upon and approved by both parties.
Article 7. Retention of Ownership
7.1. All goods delivered to the client remain the property of Shopmonkey until all amounts owed, including those mentioned in Article 3.2, have been paid in full.
7.2. If the client did not have a web store yet and has entered into a license agreement with Shopmonkey, the web store will become the client’s legitimate property after full payment, until the agreement is terminated by the client and no hosting is provided by the third party, Lightspeed eCom Group B.V., in accordance with the third party’s terms and conditions.
Article 8. Cooperation by the Client
8.1. If an intake meeting takes place physically at the location or address of Shopmonkey, these will initially be free of charge, unless the client fails to show up and does not notify Shopmonkey at least 24 hours in advance, in which case, the client will be charged for three hours of work at an hourly rate of €49 excluding VAT. Any travel costs of €0.30 per kilometer driven will also be charged to the client.
8.2. The client will provide Shopmonkey with all necessary and relevant information for proper execution of the agreement in a timely and complete manner and will cooperate fully.
8.3. If necessary information is not provided or not provided on time, Shopmonkey has the right to suspend the agreement and to charge the agreed amount to the client.
Article 9. Delivery Times
9.1. All delivery times mentioned by Shopmonkey are reasonably established based on the information communicated by the client when the agreement was concluded.
9.2. Exceeding the delivery time does not constitute default on Shopmonkey’s part. Shopmonkey is not bound by delivery times that cannot be met due to circumstances beyond its control that occurred after the agreement was concluded.
Article 10. Liability
10.1. Shopmonkey accepts liability only as stated in this article.
10.2. Shopmonkey is not liable for damages or guarantees to the client if the execution of the agreement is prevented or delayed by force majeure.
10.3. Shopmonkey’s liability for indirect damages, including consequential damages, loss of profits, missed savings, and damages due to delay, is excluded.
10.4. The client indemnifies Shopmonkey against any third-party claims for product liability due to a defect in a product or service delivered by the client to a third party that included products and/or services supplied by Shopmonkey.
10.5. The client indemnifies Shopmonkey against any claims arising from consultancy or advisory services. Advice from Shopmonkey is never binding and is always subject to reservation.
Article 11. Force Majeure
11.1. Force majeure refers to any external causes, whether foreseen or unforeseen, that Shopmonkey cannot reasonably control, and which prevent Shopmonkey from fulfilling its obligations.
11.2. Shopmonkey has the right to invoke force majeure if the circumstances preventing further performance occur after Shopmonkey was required to fulfill its commitment.
11.3. During a force majeure situation, Shopmonkey’s obligations are suspended.
Article 12. Acquisition
12.1. After an agreement is concluded between Shopmonkey and the client, Shopmonkey has the right to communicate the client’s company name to third parties, publish a brief description of the executed project, and use this description publicly for the acquisition of new clients.
Article 13. Disputes and Applicable Law
13.1. The court located in the place of establishment of Shopmonkey shall have exclusive jurisdiction over any disputes, unless the subdistrict court has jurisdiction. Nonetheless, Shopmonkey has the right to summon the counterparty before the court with jurisdiction under the law.
13.2. Dutch law applies to all offers, proposals, concluded agreements, and their execution.
Shopmonkey - Shopmonkey.nl, version 2025
