Terms & conditions
Terms & conditions
DEFINATION

1. General Terms and Conditions: these General Terms and Conditions for Retailers – Online Order Systems.

2. General Terms and Conditions of Sale: : the General Terms and Conditions of Sale attached as Appendix 1 and applicable to the Purchase Agreement between the Customer and the Retailer.

3. Customer: a Customer of the Retailer for whom the Retailer places an order in the Virtual Showroom.

4.Purchase Agreement: the remote agreement concluded between the Retailer and a Customer due to the Customer's purchase of one or more Products from the Retailer via the Private Store.

5. Online Order Systems: the Private Store and the Virtual Showroom.

6. Private Store: the environment in which, through a personal account on the Website, Products can be purchased by the Customer (to be delivered to the Customer under the Purchase Agreement by the Retailer selected in the Private Store), managed by and owned by Munro.

7. Products: products from the Atelier Munro brand.

8. Retailer(s): a partner of Munro that sells Products under the Atelier Munro brand in its store alongside third-party brands.

9. Retailer account: the account in the name of Retailer through which Retailer can order Munro Products in the Virtual Showroom.

10. Standard Products: Products other than Products custom-made for the Customer to which the right of withdrawal applies.

11. Access Rights: the right of Retailer to use Munro's Online Order Systems under the applicability of these General Terms and Conditions and the General Terms and Conditions of Sale.

12. Virtual Showroom: the Online Order System managed by and owned by Munro, which allows the Retailer, whether or not on behalf of Customers, to order Products from Munro.

13. Website: vs.ateliermunro.com

Applicability

These General Terms and Conditions apply to any order of Products by Retailers through the Virtual Showroom, and the order and purchase of Products from Retailers by Customers via the Private Store. These General Terms and conditions apply to to all companies within the Munro Group of companies (meaning Selfmade Group B.V., AM Custommade Clothing Inc., and all their affiliates and subsidiaries). These General Terms and Conditions can also be viewed on the Website vs.ateliermunro.com AND https://my.ateliermunro.com.

Company details:
Munro B.V.
Koningin Wilhelminaplein 12C04
1062HK Amsterdam
Chamber of Commerce: 34254316
VAT: NL 81 69 61 955 B01
T: + 31 (0) 20 40 85 008
E: info@ateliermunro.com

1. Any Retailer using the Online Order Systems to make and accept orders for Products accepts the applicability of these General Terms and Conditions, the General Terms and Conditions of Sale, and the obligation to comply with them.

2. Munro reserves the right to amend these General Terms and Conditions from time to time. The amended terms and conditions shall be applicable as soon as they are published on the Website.

1. VIRTUAL SHOWROOM
Placing orders in the Virtual Showroom

1. All Products and services offered on or via Munro's Virtual Showroom require the Retailer to register an account. The Retailer is fully responsible for its activities in the Virtual Showroom (financial or otherwise), including any use of the username and password. The Retailer warrants that the information entered by the Retailer in the Virtual Showroom is accurate, current and complete. The Retailer is solely responsible for all activities on the Retailer account as a result of not keeping the information secure and confidential.

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3. If Munro, at its sole discretion, requires additional information from the Retailer after receiving the order, Munro may contact the Retailer with a request to complete the information. Munro reserves the right to put the order on hold or cancel the order if the requested information is not provided in time or is incomplete.

4. If the Retailer wishes to cancel or amend the order after the order has been confirmed by Munro, the Retailer must use the cancellation or amendment option in the Virtual Showroom before 16:00 CET on the day the order is confirmed. Munro cannot guarantee that requested changes to the order can be implemented. The Retailer is fully responsible for the accuracy and completeness of all information provided when submitting the order, including fabric choice and the Customer's size data. If the order is cancelled by the Retailer within the above period, any amounts paid shall be refunded and any invoices submitted shall be credited. After this time, cancellation or modification of the order is not possible and no refunds shall be made.

5. The status of the order can be checked by logging into the Retailer account in the Virtual Showroom.

Invoicing and payment of orders via Virtual Showroom

1. Unless otherwise agreed, the payment period is 15 (fifteen) days for custom orders, and 30 (thirty) days for standard orders, calculated from the invoice date.

2. If an amount due is not paid in full within the applicable payment period, statutory interest shall be payable on the outstanding amount from and after the due date until the date of payment.

3. If the amount due remains unpaid for 8 (eight) days after the due date, Munro is entitled, without prejudice to its other rights, to suspend the execution of the delivery of an order, or to cancel it without any obligation to compensate costs or damage.

4. Munro is at all times entitled to require advance payment or additional security for (timely) payment of invoices.

5. Orders placed are subject to the prices indicated in the Virtual Showroom at the time of ordering. Prices in the Virtual Showroom are shown in euros and do not include VAT. The Retailer is responsible for any currency conversion or payment fees charged by its payment provider or bank when making the payment.

6. Prices on Munro's ordering platform are subject to change. Munro reserves the right to change prices for products on its ordering platform at any time.

2. PRIVATE STORE
Use of Personal Customer Private Store by the Customer

1. When a Customer places an order in the Retailer's store for Atelier Munro clothing, the Retailer shall ask the Customer whether they wish to create a personal account (hereinafter referred to as the "Private Store") on the website ateliermunro.com so the Customer can place and follow-up orders online, and whether they agree to share their name and email address with Munro for that purpose.

2. The Retailer undertakes to make the request as set out in Article 5.1 to the Customer, and to share the Customer's name and email address with Munro for the purpose of sending an invitation email to the Customer to create a Private Store on ateliermunro.com in the event that the Customer has verbally or in writing agreed to this.

3. After Munro has received from the Retailer the Customer's personal data with the request to register a Private Store, Munro shall send an invitation to do so by email to the Customer.

4. When registering a Private Store, the Customer accepts the Private Store Terms of Use at https://my.ateliermunro.com (hereinafter "Terms of Use") for making online orders in the Private Store. These Terms of Use apply between Munro and the Customer and govern the services to be provided by Munro, being the Private Store, and the use thereof by the Customer. Munro is entitled to amend the Terms of Use from time to time.

Orders in the Private Store by the Customer

1. From the moment the Customer has created a Private Store, they can place online (follow-up) orders for Products.

2. If the Customer places an order in the Private Store, a remote Purchase Agreement is established between the Retailer and the Customer.

3. In case the Customer is familiar with several Retailers, when placing an order of Products in their Private Store, the Customer indicates by means of an option in the system regarding which Retailer they want the order to be fulfilled by.

4. The Retailer agrees that the General Terms and Conditions of Sale as attached in Appendix 1 shall apply to the Purchase Agreement. To the extent the Retailer declares any additional terms and conditions applicable, the General Terms and Conditions of Sale in Appendix 1 shall prevail at all times.

5. The Retailer is responsible, at its own expense and risk, for properly fulfilling its responsibilities under the Purchase Agreement. The Retailer shall indemnify Munro against claims brought by a Customer against Munro as a result of or relating to the Retailer's execution of the Purchase Agreement.

6. Munro operates an email application for the purpose of communication between the Retailer and the Customer, from which transaction emails are sent on behalf of the Retailer after the Customer places the order. This does not affect the Customer's right to contact the Retailer by telephone or email.

Fees of Private Store

1. Munro shall set up the Private Store such that Customers pay Munro. Payments to the Retailer shall be made by Munro subject to the deduction of the Fee as stipulated in Article 7.2 and any offsets to the account number specified by the Retailer or via a credit invoice. Payment by Munro shall in principle be made once per month. Munro creates an invoice for these payments.

2. Pay-out to the Retailer:

The amount payable to the Retailer shall be calculated per Product sold through Munro's Private Store, as follows:

Retail price (the sale price on the Website, including VAT)

Minus:VAT included in the retail price
  
Minus:Munro Fee (10% of the retail price)
  
Minus:Purchase price (the purchase price of the product in question as applicable at the time of confirmation of the online order by the Customer)
Example*
Custom-made retail price:EUR 735
VAT:EUR 128
Munro Fee:EUR 73.5
Purchase price:EUR 245

Payment to the Retailer:EUR 288.5

*No rights may be derived from this example, amounts rounded off by way of example.

3. Payments to the Retailer shall be calculated by Munro weekly in arrears per Product based on the orders placed via the Private Store in the Retailer's name, and sent to the Retailer itemised.

4. If, for any reason, Munro has not received the Retail Price for a product (through cancellation or otherwise) or has demonstrably incurred additional costs in connection with a specific order, the entitlement to the Fee for the relevant product shall lapse or the additional costs incurred shall be deducted from the Fee with retroactive effect, respectively. The excess amount paid shall be settled between the Parties in the next specification and invoice.

5. Munro is entitled to defer payment to the Retailer if, in Munro's opinion, this is necessary to protect the Private Store and/or its Website, Customers, third parties or good name, or if there is a suspicion that the Retailer is in breach of this Agreement, including, but not limited to, a situation indicating Products ordered and paid for shall not be delivered to Customers due to fraudulent conduct.

6. If a Purchase Agreement relating to Standard Products is cancelled within the period as stated in the General Terms and Conditions of Sale included in Appendix 1, Munro shall return the payment directly to the Customer, within the period stated. If the Retailer has already received payment of this Purchase Agreement from Munro, Munro is entitled to recover and/or set off this amount from the Retailer. If a Purchase Agreement is rescinded after the term mentioned in the General Terms and Conditions of Sale included in Appendix 1, the Customer must approach the Retailer directly in order to have payment returned. Munro is not a party to this and is not involved in whether or not the amount paid by the Customer shall be refunded and/or the relevant Product exchanged. Munro is not obliged to reimburse any amount to the Retailer on account of a Purchase Agreement being terminated after this period and Munro shall be entitled to retain the Reimbursement.

7. Munro's systems are leading in terms of the pricing data serving as the basis for calculation and correction of the Fee and payments to the Retailer.

1. GENERAL PROVISIONS APPLICABLE TO ALL ONLINE ORDER SYSTEMS
Delivery

1. Upon receipt of an order, Munro shall confirm the order and inform the Retailer of the specific estimated delivery date. Munro shall notify the Retailer by email when the order has been dispatched to the address provided at the time of ordering and specified in the order confirmation, together with a tracking number, if available.

2. Delivery dates communicated through the Online Order Systems are estimated dates and do not create a performance obligation for Munro. If production or delivery of an order is delayed, or if delivery cannot be made, the Retailer shall be notified. In case of official holidays of Munro's suppliers, flight cancellations of export/import shipments, unavailability of fabrics or other delays, the delivery date of the product shall be postponed for a period equal to the duration of the delaying event(s). Munro cannot be held responsible for any shipping or delivery delays, regardless whether it’s caused or not by the Retailer due to inability to collect delivery, and/or incorrect delivery information or unwillingness to pay required customs.

3. Unless expressly stated otherwise, all prices are based on the delivery condition "delivered at place" (DAP), in accordance with the latest version of the Incoterms published by the International Chamber of Commerce ("Incoterms"). Notwithstanding the above, deliveries in Europe and the USA are based on the Incoterms delivery condition "delivered duty paid" (DDP).

4. Shipping costs, taxes, duties, customs, and other delivery charges shall be indicated during the booking process in the Virtual Showroom and charged to the Retailer. Additional shipping costs and import or customs duties may apply, depending on the country of delivery, and shall be borne by the purchaser.

Defects

1. The Retailer is not entitled to return delivered Products unless there is a defect in the quality or condition of a Product, and such defect is reported to Munro within two weeks from the delivery date by using the complaint form available in the Virtual Showroom.

2. In the event of a valid complaint in accordance with Article 9.1, Munro shall have the right, at its discretion, to either remake or repair the Product free of charge, or cancel the order and credit the corresponding invoice.

Customer data / Fit-Profile

1. Customer data obtained by the Retailer refers to size data (or “FitProfile”) of a Customer measured by the Retailer, or third parties instructed by the Retailer, as well as contact details and information on purchase history.

2. The Retailer provides Munro with the Customer data required for an order. The Retailer bears the risk for the correctness and accuracy of all Customer data provided by or on behalf of the Retailer to Munro, including the FitProfile.

3. The parties note that it is up to the Customer to determine whether its Customer data may be shared and how it may be used. Customer data shall be provided by the Retailer to Munro and third parties designated by Munro with the consent of the Customer. The Retailer shall endeavour to obtain the consent of the Customer for use of the Customer data by Munro and third parties designated by Munro. Both Munro and the Retailer are to be regarded as responsible in respect to the Customer data in their possession. The parties shall treat all Customer data in accordance with all applicable laws and regulations (including but not limited to the General Data Protection Regulation).

4. The Munro Privacy Policy applies to the use of the Website and the Online Order Systems. To view the Munro Privacy Statement click here ateliermunro.com.

Product Information and availability

1. The information and content of the Online Order Systems may contain errors, inaccuracies, or omissions that may relate to Product descriptions and/or features, prices, offers, and availability. If information in the Online Order Systems is inaccurate and/or incorrect Munro reserves the right to correct errors, inaccuracies, or omissions and to change or update information, or cancel orders at any time and without notice, including after an order has been placed by the Retailer.

2. Due to supply and/or manufacturing constraints, some Munro Products may have limited availability for purchase. Munro cannot guarantee the availability of any specific product and as such reserves the right to remove any Product from the Online Order Systems or change its availability for purchase at any time, even after an order has been placed. In the event that Munro cannot supply a Product or a specific fabric, Munro shall, at its sole discretion: i) contact the Retailer to select another fabric for the garments; or ii) cancel the order and refund/credit the purchase price/invoice. If the newly selected fabric has a different price from the original fabric, Munro shall pay a refund or charge the difference to the Retailer accordingly.

3. Munro reserves the right to determine at its sole discretion which Products shall be available on the Online Order Systems.

Liability of Munro

1. Munro makes every effort to display the information and colors of the Products and fabrics online and in its marketing materials as accurately as possible. Munro always strives to truthfully represent the colors, shapes, and characteristic features of each Product. However, Munro cannot guarantee that the product color or texture will be completely accurate.

2. How a Product purchased from Munro is used and stored is the sole responsibility of the owner of the Product.

3. Unless there is intent and/or gross negligence by Munro, Munro is in no way liable for damage and/or costs of any nature incurred by the Retailer in connection with the use of the Online Order Systems, and/or the Website, and/or the Products, such as – but not limited to – damage and costs as a result of the malfunctioning of the Online Order Systems and/or the Website, technical failures, incorrect product information, etc.

4. In any event, Munro shall only be liable for direct, demonstrable damage with the exclusion of consequential and/or indirect damage. Without prejudice to the provisions of Article 13 (Force majeure), and to the extent permitted by law, Munro's liability shall in any event be limited to the amount of the purchase price of the Product concerned.

Force Majeure

1. If a force majeure event gives rise to a failure or delay in the performance of an obligation by one of the parties, that obligation shall be suspended for the duration of the force majeure event. The parties shall never be liable for damage if the obligations towards the other party cannot be met, in time or properly due to force majeure. Force majeure includes but is not limited to: government interventions, wars, civil disturbances, hijackings, fires, floods, accidents, storms, pandemics, strikes, lockouts, terrorist attacks, interruption of means of communication, affecting the party affected by force majeure or its suppliers.

Non-solicitation clause

The Retailer is not permitted, within a period of up to two years after termination of the agreement with Munro, and/or the last use of the Online Order Systems, to maintain or propose business contacts in any way, directly or indirectly, with or to address any supplier of Products of Munro with business intentions, unless Munro has given its written consent, under penalty of an immediately payable fine of €25,000 (twenty-five thousand euros) without prejudice to Munro's right to compensation for actual damages.

Branding and Marketing

1. The Retailer acknowledges that all (intellectual property) rights concerning the Website, Online Order Systems, Products and all Munro trademarks and logos, including ATELIER MUNRO, are and shall remain the property of Munro and may not be used in any way by the Retailer without the prior written consent of Munro. The Retailer shall always fully respect the (intellectual property) rights and all other rights of an exclusive nature of Munro and third parties.

2. Munro grants the Retailer the right and licence to use Munro trademarks and logos for the purpose of selling Products to the Customer. The Retailer shall (i) use Munro's trademarks in accordance with the Munro Brand Guidelines and all relevant laws and regulations; and (ii) not modify Munro's trademarks in any way and/or not use Munro's trademarks on or in connection with any goods or services other than their Products. The Retailer shall not remove product labels affixed by Munro, alter them or make them unreadable. The Retailer shall at no time take or permit any action that may in any way prejudice Munro's rights in Munro's trademarks or the value of Munro's trademarks.

3. The Retailer grants Munro the right and licence to use the Retailer's corporate identity, logos and/or name to identify the Retailer as a retail partner of Munro, for use in connection with marketing, promotional, and advertising purposes, for use in store, references and case studies involving the Retailer, and for use in other activities related to Munro's business. Munro shall not at any time take or permit any action that may in any way impair the Retailer's rights in the Retailer's trademarks or the value of the Retailer's trademarks.

Samples, TryOns and POS materials

1. The Retailer may request Munro to provide samples, fitting materials and/or POS materials.

2. Samples: for temporary use of samples, the Retailer should contact the Customer Service department. The right to use the samples is limited to a maximum duration of 7 (seven) days and is free of charge. The Retailer only pays the cost of delivery and collection. By accepting the samples, the Retailer confirms receipt of the samples in good quality and agrees to store the samples with due care and diligence. The Retailer is responsible for loss of or damage to the samples, including creases. All costs incurred in connection with such loss, damage, or reduced quality shall be borne by the Retailer, including costs for replacement of samples or costs for cleaning, to be determined at Munro's discretion. Dates of delivery and collection of samples shall be agreed between the Retailer and the Retailer's operational specialist If the Retailer fails to comply with its obligations regarding the use of samples, Munro may, notwithstanding its other rights, refuse the Retailer's use of samples.

3. TryOns: for the temporary use of try-on garments, the Retailer shall contact the Customer Service department. The right to use the TryOns is limited to a maximum duration of 14 (fourteen) days and is free of charge. The Retailer only pays the cost of delivery and return. By receiving samples or TryOns, the Retailer confirms receipt of the try-on garments in good quality and agrees to store them with due care and diligence. The Retailer is responsible for loss of or damage to the TryOns, including creases. All costs incurred in connection with such loss, damage, or reduced quality shall be borne by the Retailer, including costs for replacement or (dry cleaning), to be determined at Munro's discretion. The provision of TryOns is agreed between the Retailer and [the Retailer's operational specialist]. The Retailer is responsible for the timely return of TryOns. If the Customer, after three reminders from [the Retailer’s operational specialist] does not return the TryOns as agreed, Munro shall charge the Retailer the commercial retail price of the TryOns. If the Retailer fails to comply with its obligations regarding the use of TryOns, Munro may, notwithstanding its other rights, refuse the Retailer's use of TryOns.

4. POS materials: The Retailer can buy a starter kit for POS materials, consisting of (for reference) fabrics, linings, buttons, and other samples. The price of a starter set depends on the collection. At the start of a new season, Munro replenishes the starter kit with new materials free of charge.

Miscellaneous

1. The Retailer shall not, for a period of up to 2 (two) years after its last use of (any of) the Online Order Systems, disclose any information to third parties about the nature and content of Munro's Online Order Systems, Products, or suppliers, including information relating to Munro's operations, processes, plans, product information, know-how, designs, trade secrets, prices, software, market opportunities, and customers, and the Retailer shall keep all such information confidential.

2. All sales via the Website on the Private Store and the Virtual Showroom are governed exclusively by Dutch law. All disputes between the parties shall be submitted to the competent court in Amsterdam for that purpose.

General Terms and Conditions of Sale of Private Store via my.ateliermunro.com
Definitions

In these general terms and conditions, the following terms are defined as followed:

General Terms and Conditions of Sale: these General Terms and Conditions of Sale of Private Store via www.ateliermunro.com.

Purchase Agreement: the remote agreement concluded between the Retailer and a Customer due to the Customer's purchase of one or more Products from the Retailer via the Private Store.

Customer:a user of the Private Store who proceeds to purchase one or more Product(s) from a selected Retailer via the Private Store.

Munro: the private company Munro B.V. based in Amsterdam, the provider of the Private Store and the Website.

Private Store: the environment in which, through a personal account on the Website, Products can be purchased by the Customer (to be delivered to the Customer under the Purchase Agreement by the Retailer selected in the Private Store), managed and owned by Munro.

Products: any product(s) from the Atelier Munro brand.

Retailer(s): a partner of Munro that sells Products under the Atelier Munro brand in its store alongside third party brands, and where Customers can purchase Products online via the Private Store.

Applicability

1. These General Terms and Conditions of Sale apply to any remote Purchase Agreement reached via the Private Store between the Retailer and the Customer. These General Terms and Conditions of Sale can also be viewed on the Retailer's website.

these General Terms and Conditions of Sale of Private Store via www.ateliermunro.com.

Purchase Agreement

1. The Customer acknowledges that the Purchase Agreement is established between the Customer and the Retailer selected by the Customer in the Private Store upon purchase of the Product, and that Munro is not and/or will not become a party to this Purchase Agreement.

2. In case of questions and/or complaints regarding the Product purchased by the Customer via the Private Store, the Customer should always contact the relevant Retailer directly. The Customer acknowledges that they have no recourse against Munro in these cases and Munro shall not be liable to the Customer in any way, including but not limited to any defects with the Product(s) purchased.

Ordering of Products

1. An order is placed by accepting Munro's applicable Terms of Use and the Retailer's General Terms and Conditions of Sale, and completing the payment process. Once the order is received via the Private Store, the Customer shall receive an order confirmation on the email address registered to the Customer’s account.

2. After the order is placed by the Customer, the Retailer shall add the Customer's known size data (or "FitProfile") to the order. The Customer hereby consents to the reuse of their FitProfile for the execution of the order. If the Retailer requires additional information from the Customer after receiving the order, the Retailer shall contact the Customer with a request to complete the information. The Retailer reserves the right to put the order on hold or cancel the order if the requested information is incomplete or not provided in a timely manner.

3. After completion of the order and payment process, it is no longer possible to change or cancel the order. The Customer is fully responsible for the accuracy and completeness of all information provided when submitting the order, including fabric selection and adjustments. With regard to custom-made products, a limited return policy applies as clarified in Article 7 below.

4. The Retailer reserves the right to accept, refuse, put on hold or cancel any order made via the Private Store at its discretion, for example due to unavailability of fabric or any other circumstance. The Customer is obliged to immediately report inaccuracies in payment details provided or mentioned to the Retailer.

5. The order status can be checked by logging into the Private Store on the Website.

6. Ownership of delivered Products shall not transfer until the Customer has paid the full amount due.

Delivery and execution

1. The Retailer shall take the utmost care when receiving and executing orders for Products.

2. The place of delivery is the address that the Customer has made known to the Retailer via the Private Store.

3. Subject to what is stated in Article 4 above, the Retailer shall deliver accepted orders to the Customer within the communicated delivery period. If delivery is delayed, or if an order cannot be carried out or can only be partially fulfilled, the Customer shall be notified no later than 30 days after the order was placed. In this case, the Customer has the right to dissolve the agreement without costs and right to any compensation.

4. After termination in accordance with Article 5.3, the Retailer shall ensure that the amount paid by the Customer is refunded to the Customer without delay.

5. The risk of damage and/or loss of Products rests with the Retailer until the moment of delivery to either the Customer or a representative designated in advance and made known to the Retailer, unless expressly agreed otherwise.

Payment of the purchase price

1. The payment process is handled by Munro. The Customer owes Munro the purchase price of the Product purchased from the Retailer via the Private Store. Payment by the Customer may only be made to Munro.

Right of withdrawal and return policy

1. Custom-made products

While legally no right of withdrawal applies to goods produced to the Customer's specifications or custom-made to personal requirements, Customers have a limited option to return custom-made Products within 30 days of delivery to the Customer in the event the Product does not fit. A "fair use" policy applies to this exception, and this option can expressly not be used in such a way that multiple Products are ordered to choose from and some of which are returned. The acceptance of a return under this clause is at the sole discretion of the relevant Retailer, and the relevant Retailer is under no obligation to accept the return.

2. Standard products

When purchasing standard products that have not been custom made such as accessories, the Customer has the right to cancel the Purchase Agreement without reason within 30 days.

3. The 30-day period referred to in Article 7.2 ("the withdrawal period") commences on the day after receipt of the Product by the Customer, or a third party designated by the Customer, who is not the transporting party, or if the delivery of a product comprises several deliveries or parts; the day on which the Customer, or a third party designated by the Customer, received the last delivery or part.

4. During the withdrawal period, the Customer shall handle the Product and its packaging with care. The Customer shall only unpack or use the Product to the extent necessary to assess the nature, characteristics, and efficacy of the Product. The Customer may only handle and inspect the product as they would be allowed to do in a store; for trying-on purposes. The Customer is expressly not allowed to wear the Products for any purpose other than trying on and/or outdoors. The Customer is liable for any depreciation of the Product resulting from their handling of the Product other than as permitted in this Article 7.4.

5. A Customer wishing to exercise their right of withdrawal/return shall notify the Retailer within the withdrawal period by means of the return form provided by the Retailer.

6. As soon as possible, but no later than 14 days after the day of notification as referred to in Article 7.5, the Customer shall return the Product, or hand it over to the relevant Retailer. The Customer shall return the Product with all relevant accessories, if reasonably possible in its original condition and packaging, and in accordance with the instructions provided by the Retailer.

7. The risk and burden of proof for exercising the right of withdrawal correctly and in a timely manner rests with the Customer. The Customer shall bear the cost of returning the Product

8. After the Product has been returned and received by the Retailer, the Customer shall receive payments relating to the right of withdrawal which has been validly invoked within 14 days. Munro will use the same means of payment initially used by the Customer, unless the Customer agrees to another method.

Defects

1. Any claim by the Customer that a Product has a defect in quality or condition at the time of delivery must be reported to Retailer within 2 weeks of the delivery date.

2. Where a valid claim in respect to a defective Product is reported to the Retailer in accordance with these terms and conditions, the Retailer has the right, at its discretion, to either supply a new Product free of charge or to repair the Product supplied.

Liability

1. To the extent permitted by law, the Retailer excludes all liability for any damages incurred by the Customer if the Product ordered by the Customer is not available and/or delivered (on time).

2. Without prejudice to the provisions of Article 10 (Force majeure), and to the extent permitted by law, the Retailer's liability is limited to a maximum amount of the purchase price paid by the Customer for the Product concerned.

Force Majeure

Any instance of force majeure shall lead to the suspension of the obligations affected by the force majeure event and the party affected by the force majeure shall not be liable as a result of an inability to meet with such obligations. The Retailer shall not be liable for any failure arising from an event of force majeure affecting the Retailer or its suppliers. This includes, without limitation, governmental intervention, wars, civil disturbances, hijackings, fire, flood, accident, storm, pandemics, strikes, lockouts, terrorist attacks, interruption of means of communication.

Disputes

Agreements between the Retailer and the Customer to which these General Terms and Conditions of Sale relate are exclusively governed by Dutch law.

Additional or deviating provisions

Additional provisions or provisions deviating from these General Terms and Conditions of Sale may not be to the detriment of the Customer and must be recorded in writing or in such a way that they can be stored by the Customer in an accessible manner on a durable data carrier.