General terms and conditions

General terms and conditions Monk bouldergym


1. Definition of terms

  1. Monk bouldergym, located in Eindhoven, Amsterdam and Rotterdam, is further referred to as Monk bouldergym.
  2. Visitors are all natural persons who make use of the specified premises.
  3. Active visitors are visitors who make use of the available sports facilities.
  4. Active visitors are registered in the Monk bouldergym membership file.

 

2. Safety

  1. Before using the sports facilities, active visitors are obliged to familiarise themselves with the Monk bouldergym house rules, safety rules and general terms and conditions which are located at the front desk and in the immediate vicinity of the bouldering walls. If these regulations or the required manner of compliance with them is unclear in any way, it is the visitor’s responsibility to obtain clarity by contacting a member of staff present before making use of the available facilities.
  2. Active visitors agree to use the available facilities only if they are in optimal health and their physical condition is sufficient to undertake the sporting activities offered.
  3. Active visitors agree that when using the available facilities, they will not only have regard for their own safety but also that of others.
  4. The safety rules are described in the ‘bouldering house rules’.

 

3. Admission

  1. Every active visitor wishing to use the available sports facilities must register at the front desk upon their first visit, and thereby declares that they agree to the house and safety rules and the general terms and conditions and if required will be given a copy of the completed registration form.
  2. Monk Bouldergym is entitled to ask visitors to make a reservation prior to his/her visit.
  3. Every active visitor must always report to the front desk before undertaking the sports activities.
  4. Children under the age of 6 are not permitted on the mats or the boulder walls and are therefore not permitted to actively participate in the sports activities offered at Monk bouldergym.
  5. Active visitors aged from 6 to 12 years will be granted access to the bouldering facilities only under direct supervision of at least one visitor aged over 12 years who signs the registration form.
  6. Independent bouldering is permitted from the age of 12.
  7. Every visitor must be able to provide valid identification.
  8. Monk bouldergym is entitled to independently determine the opening hours and to limit the duration of a visit.

 

4. Conditions of membership

  1. Monk bouldergym membership grants access to the Monk Bouldergym locations at a discounted membership rate.
  2. All members receive a Monk membership card. This card is an admission pass and should be presented upon arrival at the location and when making purchases with Monk membership discount. 
  3. Monk Bouldergym membership starts when a member has filled in all the necessary information on the (online) registration form and paid the first membership instalment. 
  4. Monk Bouldergym uses your personal data in accordance with our privacy statement, which can be read here.
  5. The first membership instalment is for the number of days remaining until the end of the first calendar month of the membership. This is to be paid online or at a Monk location. Members subsequently pay a monthly membership fee per full calendar month.
  6. The monthly membership fee will be collected by direct debit (SEPA transaction). This takes place around the 15th of the month. 
  7. Monk Bouldergym is at all times entitled to change the amount of the membership fee, including an annual inflation adjustment based on the CPI price index. 
  8. Membership can be cancelled at any time, effective per the 1st day of the following month.
  9. Ill or injured? You can then pause your membership.
  10. Monk bouldergym reserves the right to terminate membership with immediate effect, without reimbursement of membership fees, if these general terms and conditions and house rules are not adhered to, as they are set out in this document in the gyms and on our website.
  11. Monk bouldergym is closed for a maximum of 7 days per year.

 

5. Removal and exclusion

  1. Visitors who, in the opinion of the staff of Monk bouldergym, fail to comply with the terms and conditions and/or safety rules and/or house rules and/or behave in such a way that endangers order, concentration or safety, can immediately be removed from the premises.
  2. Upon repetition of such behaviour, Monk bouldergym can apply exclusion. The removed or excluded visitor is not entitled to reimbursement of membership or admission fees.

 

6. Liability

  1. Monk bouldergym is never liable for damage suffered by visitors as a result of loss or theft in or around the premises. Monk bouldergym is also never liable for damage to or inflicted by visitors (partly) as a result of diminished physical condition or health of the visitor or through defects and/or deficiencies in the visitors own bouldering equipment.
  2. Nor can damage resulting from the visitors’ infringement of these terms and conditions and/or safety rules lead to any kind of liability for Monk bouldergym.
  3. Except when training visitors, Monk bouldergym members of staff are not responsible for any kind of supervision of the safety of the visitor, and as such Monk bouldergym accepts no liability in this respect.
  4. Monk bouldergym accepts liability for damage or injury to visitors that is proven to result from a defect in materials provided by Monk bouldergym, except in the event that this material defect cannot be attributed to Monk bouldergym.
  5. In some cases, Monk bouldergym provides services in the form of training; Monk bouldergym is not liable for any damage or injury resulting from actions or negligence of subordinates that are wholly or partially attributable to said subordinates, except in the event of intent or gross negligence of the subordinate.
  6. Should Monk bouldergym be liable in any way, said liability can only lead to compensation to the extent that it is covered by the insurance policy of Monk bouldergym and up to the maximum amount that could be awarded by the insuring party. Should the insuring party of Monk bouldergym, notwithstanding the insurance cover, fail to award payment to the injured party or should the insuring party not be obliged to award payment based on a culpable shortcoming of Monk bouldergym that is not covered by the insurance policy, the liability of Monk bouldergym is limited to a maximum of € 10,000 per incident.

 

7. Applicable terms and conditions


These general terms and conditions are valid from the date shown below, which corresponds with the time of publication. Monk bouldergym is entitled to amend these terms and conditions at any time. The new conditions then come into force immediately after publication and can in no way affect the previously defined rights of the visitor, except in the case of renewed membership or after membership has ended.

Last edited on 01-10-2022

General terms and conditions Monkshop


1. About Monkshop

The shop section of this website (monk.nl/shop) is operated by Monkshop BV (hereafter referred to as ‘we’). We deliver the items you buy in our online store. We are registered at the Chamber of Commerce (Kamer van Koophandel) under number 613 00 802. Our BTW (VAT) number is NL 8542 90710 B01.

You can contact us by e-mail (shop@monk.nl), phone number + 31 040 295 04 88 (Monk bouldergym Eindhoven; ask for a Monkshop member of staff) or by writing to the following address: Monkshop BV, Berkenstraat 1A, 5616 LV Eindhoven.

 

2. Personal data

We use your personal data in accordance with our privacy statement, which you can find here.

 

3. Ordering online

You can place an order on our website. You will be given the opportunity to check your order and to correct any errors, and then to finalise the order by clicking on the button ‘proceed to checkout’.

We will confirm receipt of your order by sending an automatically generated e-mail to the e-mail address you have provided. In doing so, we accept your order and enter into a purchase agreement.

The contract only applies to those specific items listed in our confirmation e-mail referring to the acceptance of your order. If the details in the confirmation e-mail are incorrect, or if you are not satisfied with the details provided in the e-mail, please get in touch by e-mailing us at shop@monk.nl.

The contractual language is Dutch.

When we accept your order, we have a legal obligation to deliver the items as agreed and in accordance with these terms.

 

4. Prices and shipping costs

The information on this website relating to prices is subject to change by us without prior notice. The prices shown at the time of placing the order are the prices that apply.

Occasionally an error can occur, and items may be incorrectly priced. In such cases, we are not obliged to deliver the items (based on the incorrect price). We will either cancel your order and refund payment, or we will contact you to ask whether you would like to proceed with the order (based on the correct price). If we are unable to contact you or you do not wish to proceed with the order (based on the correct price), we will cancel the order and refund the amount paid. If the correct price of the goods is lower than the price shown by us, we may (at our discretion) proceed with your order and refund the difference.

Unless otherwise stated, all prices are including VAT (where applicable), but excluding shipping costs. Details of shipping costs can be found here. You will be notified of these separately before placing the order, after which they will also be confirmed by e-mail.

 

5. Availability and delivery

Information on this website regarding availability is subject to change without prior notice. We cannot guarantee the constant availability of the products offered on this website. All orders are subject to current availability at all times.

We deliver worldwide. We deliver the goods you have ordered to the address provided by you at the time of placing the order on this website. Delivery will take place based on the information on the item pages after your order has been accepted.

We will make reasonable efforts to deliver the goods on the agreed date. If no date has been stated, we will deliver the goods within 30 days after the day on which you placed the order, and it has been accepted by us.

In the event of unforeseen circumstances (e.g. unfavourable weather conditions, unpredictable delays due to traffic jams, road works, diversions or mechanical failures) we may not be able to deliver your order within this timeframe, and we will not be liable for any delay or failure to deliver if the delay is wholly or partly caused by such circumstances. In the event that delivery does not take place, we will agree an alternative delivery date with you.

We are not responsible for any delay in delivery of the order that is a result of you not being at home at the time of delivery. It is your own responsibility to get in touch with DHL if your order could not be delivered because you were not at home.

 

6. Payment

Payment for items must be made in accordance with the procedure described on this information page.

7. Right to revoke

You have the right to withdraw from the purchase agreement within a period of 14 days without stating your reasons.

The withdrawal period expires 14 days after the day on which you – or a third party designated by you who is not the carrier – take physical possession of your item(s).

To exercise your right to revoke, you must inform us of your decision to withdraw from the purchase agreement by sending an unambiguous statement by e-mail. You can, but are not obliged to, use our template cancellation form for this. To comply with the withdrawal period, it is sufficient to send your communication informing us of your decision to exercise your right to revoke before the withdrawal period has expired.

Consequences of revocation
If you revoke the agreement, all payments you have made up to that point, including delivery costs, will be refunded immediately and in any case no later than 14 days after we have been informed of your decision to revoke the agreement. All refunds will be made using the same method of payment as the original transaction, unless expressly agreed otherwise; in any case, you will not be charged for such reimbursement.

You must return or hand over the goods to us without delay and no later than 14 days after the day on which you informed us of your wish to revoke the agreement. You are on time if you send the goods back to us before the period of 14 days has expired.

The cost of returning the goods to us is at your own expense.

You are only liable for a depreciation in value of the goods resulting from use of the goods that goes beyond that which is necessary to establish the nature, the characteristics and the functioning of the goods.

Climbing equipment (rope, harnesses, carabiners, belay devices, helmets) is excluded from the right to revoke. Such equipment cannot be returned or exchanged for safety reasons.

 

8. Guarantee

Without limiting your right to revoke under article 7, you can return the product to us if, e.g. the product in question is not the product ordered, if it is damaged or defective or the incorrect quantity has been delivered.

If goods are delivered with visible transport damage, you must report this damage immediately – if possible – to the delivery person and get in touch with us as quickly as possible. If you do not make a complaint or fail to contact us, this will not affect your legal rights and their enforcement, in particular with regard to your legal right to warranty. But you will help us to assert our own rights against the freight carrier or towards the transport insurance party.

Once we have conformed the defect or other problem, we will:
– provide a full refund,
– provide a full refund for damaged or defective items if within a reasonable time after the sale, or
– according to your choice, repair or replace the items at our expense (including shipping costs) unless this is not possible or disproportionately expensive. In this case, you will receive a refund of the amount already paid for these items.

We will inform you of the refund within a reasonable period of time. We usually process a refund request as soon as possible and, in any case, no later than 30 days after confirmation by e-mail of the refund of damaged or defective items.

 

9. Property

Purchased items remain our property until paid for in full. As soon as the items have been delivered to you or to a third party designated by you, you bear all risk yourself and are liable accordingly.

 

10. Liability

Unless expressly agreed otherwise, the statutory regulation regarding liability for defects applies.

The aforementioned limitations and shortened time limits do not apply to claims for damages caused by ourselves, our legal representatives or agents:
– in the event of damage to body, life or health;
– in the event of the wilful or grossly negligent breach of duty and in the case of bad faith;
– in the event of a breach of essential contractual obligations, the fulfilment of which is indispensable to the proper execution of the agreement and on the fulfilment of which the other party involved in the agreement may normally rely (cardinal obligations);
– in the context of a given warranty, insofar as agreed.

 

11. General

If a provision of these general terms and conditions is invalid or inadmissible, this does not limit the effect or validity of the other provisions.

We may change or edit these terms and conditions over time without prior notice. Please check our website regularly in order to see which general terms and conditions are currently applicable.

 

12. Applicable law

Dutch law is applicable to these terms and conditions. Any agreement for the purchase of goods on this website and all disputes arising from such agreements are also governed by Dutch law.

 

13. Online dispute resolution

The European Commission offers a platform for online dispute resolution, which can be found here. Consumers can choose to use this platform for the resolution of disputes.

Last edited on 01-10-2022