MONDAYS TERMS OF SERVICE & GENERAL TERMS AND CONDITIONS

CONTENTS 

Part A: Online / Website Access Terms of Service

Part B: General Terms & Conditions (GTC)

Part A: Online/Website Access Terms of Service

OVERVIEW

This website is operated by Mondays AG. Throughout the site, the terms “we”, “us” and “our” refer to Mondays AG. Mondays AG offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms of Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy, as outlined in Part B of these Terms.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

By placing an order on our site, you agree to pay for the products you purchase. We accept payment via credit card or, if agreed in advance in writing, by bank transfer.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy or on Mondays Cookies page.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our online service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 In no case shall Mondays AG, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 SECTION 14 - INDEMNIFICATION

 You agree to indemnify, defend and hold harmless Mondays AG and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service orincorporate by reference, or your violation of any law or the rights of a third-party.

 SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 SECTION 18 - GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Switzerland.

 SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 Part B: Mondays General Terms and Conditions (referred to as “GTC”)

These GTC shall govern the contractual relationship between the parties, unless the parties have explicitly agreed otherwise by signature. Any of the Client’s standard or pre-existing GTCs shall be deemed invalid.

If the Client does not wish to accept these GTC in part or totality, the Client must inform Mondays.

1. Main Obligations of Parties

1.1 Explanation of the Services provided by Mondays

This contract allows the Client to purchase Mondays period products using the Discounted Corporate Price Lists. These prices may be revised bi-annually. Price changes can be made in line with inflation or with justification without any change in the Contract. Any changes to price lists will be communicated in writing by email in advance of any changes coming into effect.

Mondays shall provide the following Services ("Services") exclusively to the Client in accordance with the terms and conditions of this Contract:

a. Mondays will provide organic period products in proper condition, and in a timely manner, and, if ordered by the Client, Mondays dispensers in good working order delivered to the Client location(s) as specified in the invoice/order form

b. Mondays can advise the Client on how best to implement and benefit from this DEI and Sustainability Initiative

c. Mondays can advise the Client regarding forecast order volumes and tailor an annual budget if required, based upon data provided by Client. (The Client accepts actual volume requirements may vary to these estimates)

1.2 Information Requirements/Duties of the Client

The Client undertakes to:

a. Receive the products and/or dispenser(s) (as stipulated in the order/invoice) and store them appropriately. Period products, and the associated packaging, should be stored in a dry, cool environment, they are not waterproof and do not tolerate humid conditions

b. Install the dispenser(s) and/or display units on a wall in accordance with the installation instructions

c. Clean the Mondays’ dispenser(s) as instructed. It must be cleaned carefully without damaging the products inside the dispenser and only with cleaning products specifically for the finish (e.g. stainless steel)

d. Place and refill Mondays’ period products in the bathrooms for employees use on a regular basis

e. Ensure that the Tampon Safety Instructions (leaflet or QR or https://organicmondays.com/pages/how-to-use-tampons-safely) is made available to all with access to Mondays tampons and continues to provide this information to all users at all times

f. Provide waste bins in the bathrooms for proper hygienic disposal of period products

g. Order the volume of period products and/or dispensers as required within the agreed lead-times

h. Not re-sell the period products to any third party, unless specifically agreed in writing with Mondays.

i. Provide Mondays with data required and any changes that may impact the optimal performance of the initiative. This information includes ideally per location: number of bathrooms, number of female employees, total number of employees and, for event based locations, number of expected visitors per quarter

j. Ensure that products are not made available to end consumers passed their expiry date

k. Immediately notify Mondays, in writing, of any defects detected on the Mondays dispenser(s) and/or products and provide photographic evidence of the defects. If the Client fails to report the defects, within 4 business days, he shall bear the risk of loss of product.

l. Where goods are rejected/returned but through no fault of Mondays, the Client agrees to bear the cost of all shipping.

1.3 Compensation of Mondays/Payment Conditions

a. The Client undertakes to pay the full amount on the invoice no later than 15 days after the invoice date, unless otherwise outlined in an SLA. In the event of late payment, an additional default interest of 5% p.a. shall be owed, payable from the 16th day after the invoice date, without it being necessary to send a reminder. For every reminder of payment, the Client shall pay Mondays an additional administrative charge of £15 or equivalent value in Client’s currency.

b. When ordering dispensers a part payment of 50% of the order value is due on receipt of invoice, such payments shall be regarded as part payments and not deposits. The balance will be invoiced with 15 day payment terms on delivery.

c. Payments shall be made in full to the account indicated on the invoice.

d. Online payments shall be made in full by credit card.

e. Unless otherwise stated, all invoice amounts are understood to be without VAT, delivery costs, installation and other fees by processing, receiving, and intermediary banks or external organisations (so-called additional costs). All additional costs must be borne by the Client.

1.4 Returns Policy

a. We cannot accept exchanges or returns of period products unless the product is deemed faulty or defective on receipt. Please consider donating unused products to a local charity. In the event of defects, please contact Mondays, in accordance with Clause 1.2i.

b. For the return or exchange of dispensers, Mondays must be contacted with 4 business days. Please include information about why you wish to return the dispenser(s). Dispensers must be returned in original condition and packaging, with no previous installation and return transportation costs are the responsibility of the Client. Upon receipt, Mondays will inspect the dispenser and if applicable, the dispenser will be replaced or a credit note will applied to your account. In the event of defects, please contact Mondays, in accordance with Clause 1.2i.

2. Further Provisions

2.1 Ownership and Usage of Mondays’ dispenser(s)

The dispenser(s) shall become the property of the Client on delivery or payment or part payment (whichever occurs first).

The Mondays’ dispenser(s) sold to the Client shall be the property of the Client. The Mondays dispenser(s) sold to the Client will be installed at the Client’s premises at his cost and risk. Installation and continued use of the Mondays dispenser(s) by the Client is at the risk of the Client. Mondays offers a 5 year guarantee for dispensers, provided their use and installation is in accordance with the clauses of these Terms and Conditions.

The Mondays' dispenser is provided for exclusive use with Mondays’ period products. It is supplied with screws and a key. Replacements or duplicates can be ordered at extra cost to the Client.

2. 2. Intellectual Property

2.2.1 The Mondays’ dispenser(s), their design, and their characteristics are the exclusive

intellectual property of Mondays. The intellectual property remains at all times with Mondays.

2.2.2 The Client acknowledges that irreparable harm may be caused to Mondays in the event of the unauthorised use of Mondays’ intellectual property. Accordingly, save for the use of Mondays’ intellectual property during the ordinary use of the dispenser(s), the Client agrees to indemnify Mondays in respect of all losses, liabilities, damages, judgments, costs, and expenses (including legal expenses) arising in connection with or as a result of the use of Mondays intellectual property in violation of this Agreement or otherwise arising in connection with the unauthorised use of Mondays’ intellectual property’.

2.3 Personal Data: Process, Ownership and Usage Rights

2.3.1. In preparation of, and during the course of the Contract, Mondays will have access to

personal data. Mondays may, in particular, collect the following data:

1. Client: locations, responsible persons at locations, employee data, gender statistics, facilities at each location

2. Employees: via surveys and or feedback forms - product preferences, medical information, and usage patterns per location

The data referred to in point 1 above is processed by Mondays in order to provide the best possible service to the Client. The data referred to in point 2 above is processed by Mondays in order to improve the Services and validate the initiative. Mondays assures that non-anonymised data at the Client’s premises will be treated confidentially and will not be made available to any third parties. Personal data referred to in point 1 and 2 above are processed by Mondays for internal development purposes on a need-to-know basis. This shall also apply after the end of this Contract.

In any case, Mondays undertakes to abide by the applicable legal data protection law

provisions. In particular, Mondays shall:

a. Only collect personal data that is necessary for the performance of the Contract, in particular it shall refrain as far as possible from processing so-called sensitive data;

b. Take measures to protect personal data against unauthorised processing.

2.3.2 Mondays shall be entitled to use and make available to third parties the collected data resulting from the measurements carried out under this Agreement in an aggregated and anonymous form only.

2.3.3. Mondays shall be entitled to use and make available to third parties the existence of the Client as a current or previous Client of Mondays and may use the official logo of the Client as a reference online and offline.

2.3.4 With due regard to the data protection law, all data generated by Mondays is the exclusive property of Mondays. However, the Client is entitled to access and freely use the data generated by Mondays at Client’s site(s) under this Contract.

2.4 Limitation of Liability

2.4.1 Mondays product usage estimates are based on data made available to Mondays. Therefore, the accuracy cannot be guaranteed. Any liability of the Mondays in this respect is excluded to the extent permitted by law.

2.4.2 The Client agrees to indemnify Mondays in respect of all losses, liabilities, damages, judgments, costs and expenses (including legal expenses) arising in connection with or as a result of any damage to property or death or personal injury provided that the foregoing shall not exclude any liability of Mondays to the extent that such cannot be excluded as a matter of law.

2.4.3 The Client is liable for any damage caused by a Mondays dispenser when it is located on its’ premises, provided that the damage is not the result of a material defect in the Mondays dispenser(s) which existed at the time of delivery and was thus reported on receipt. The cost of repairs or replacement for which the Client is liable shall be borne by the Client, including the costs of shipping, delivery and/or customs clearance.

2.4.4 The Client agrees to carry and maintain throughout the term of this Agreement premises and employee liability insurance in an amount meeting statutory requirements and in amounts not less than the same as may be carried by comparable companies.

2.5 Term and Termination

2.5.1 The Contract is deemed to be concluded and become binding between the Client and Mondays upon signature of the attached Onboarding form. It takes effect on the signature date.

2.5.2 The Contract is concluded for a minimum period of 3 years with access to the published Discounted Corporate Price Lists for all period product orders. Without notice of termination, the Contract is then automatically extended for successive period of 12 months, unless either party terminates the Contract by means of a written notice, sent by registered mail, with a notice period of 3 months for termination at the end of the relevant calendar month.

2.5.3 Either party may terminate the Contract with immediate effect if the other party violates any provision of the Offer or these GTCs, which is not remedied by the party violating its obligations within 15 days of the date of receipt of a written notification from the other party. In particular, Mondays is entitled to terminate the Contract prematurely and immediately on default of payment by the Client. In the event of early termination due to breach of contract by the Client, Mondays reserves the right to charge the Client for any resulting expenses. Plus, the amount owed pursuant to Section 1.3.a. of these GTC shall remain due for the period until the next ordinary expiry date of the Contract as stated in section 2.5.2 above.

2.5.4 Notwithstanding the above, if the Client is in default of payment, Mondays may set a payment deadline of 10 days and, if this deadline expires without payment, may terminate the Contract by giving 5 days' notice.

2.5.5 Termination of the Contract (for whatever reason) shall not affect the accrued rights or obligations of the parties. The provisions under sections 2.2, 2.3, 2.4 and 2.7 of these GTCs shall continue to apply without restriction beyond the termination of the Contract.

2.5.6 Upon termination of the Contract (for any reason whatsoever) Mondays is under no obligation to remove nor dispose of the dispenser(s) and/or products. The costs and obligation of dismantling and returning the Mondays dispenser(s) in the event of no payment under paragraph 2.5.4 above shall be borne by the Client who has caused the early termination of the Contract or who has breached the terms of the Contract.

2.6 Relationship between the Parties

The Parties agree that the Services performed by Mondays, it’s employees or agents shall be as an independent entity and that nothing in this Contract shall be deemed to constitute a partnership, joint venture, agency relationship, or otherwise between the parties.

2.7 Confidentiality

During the terms of the Contract and thereafter, the parties shall observe strict confidentiality with  respect to all proprietary and other information supplied by the other party or which otherwise becomes known to the other party regarding the party itself, and, more generally, about every other aspects of their business that is of a confidential nature.

Each party shall impose the same confidentiality obligation on its employees, agents,

advisers and other persons who will have access to the confidential information about the

other party.

The obligation of confidentiality shall not apply if there is an obligation to disclose the

confidential information by order of a court, order of an authority or by law.

2.8 Notices

Any notice given by any party to this Contract shall be deemed duly served if given by post or by email in writing to the address specified in this Contract.

2.9 Miscellaneous

a. If any part or provision of this Contract is held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be deemed replaced by a valid provision that comes closest to the economic purpose of the invalid or unenforceable provision.

b. Neither party may assign or transfer its rights under this Contract in whole or in part without the other party's prior written consent.

c. Any amendment to this Contract will be made available in writing with invoices/purchase orders to which the amendments relate. They will be deemed to be accepted upon payment of the invoice. The amended GTCs will then be considered the current GTC for all subsequent orders.

d. Neither party shall be liable for any failure to perform or delay in performing any obligation under this Contract if such failure or delay is due to circumstances beyond its reasonable control, including, but not limited to, acts of God, breakdown of telecommunications/Internet, war, civil war, riot, or industrial action. If such delay or disruption lasts for at least 30 days, the party not affected by such delay or disruption shall be entitled to terminate this Contract by notice in writing to the other party.

e. This Contract shall be governed by the laws of Switzerland, excluding its conflict of law provisions. The exclusive place of jurisdiction shall be Zurich/Switzerland.

f. Correspondence Address: Organic Mondays, In der Hinterzelg 2, 8700 Küsnacht, Switzerland.

 

CONTACT INFORMATION

 Questions can be sent to us at  theteam@organicmondays.com

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