General terms and conditions customers – Studio Ditte October 2017
Studio Ditte VOF
Het Bolwerk 60 (no visiting address)
4811 DR BREDA
Chamber of Commerce number: 24373710
VAT number: NL 8143 88 942 B01
For all correspondence with Studio Ditte use email@example.com
Article 1 - Applicability
- These general terms and conditions shall apply all orders placed on the website of Studio Ditte. These conditions can be sent on request. These conditions have been registered with the Chamber of Commerce.
- If the agreement is concluded electronically, the text of these terms and conditions can be made available electronically to the customer in such a way that it can be stored in a simple way by the customer. If this is not possible it will be indicated before concluding the agreement on distance where the general terms and conditions can be read electronically. The conditions can be sent electronically at the customer's request.
- The provisions in these conditions may only be deviated from in writing, in which case the other provisions shall continue to apply.
- Studio Ditte shall be entitled to modify the general terms and conditions. Should this modification occur after the conclusion of the agreement, our client shall be competent to dissolve the agreement.
- We cannot accept liability for any consequences of textual errors.
Article 2 - The offer
- All offers by Studio Ditte shall be without obligation and Studio Ditte expressly reserves the right to modify the prices. Should this modification occur after the conclusion of the agreement, our client shall be competent to dissolve the agreement.
- If an offer has a limited period of validity or occurs under different conditions, this shall be expressly stated in the offer. This is always subject to availability.
- The offer shall contain a full and accurate description of the products offered. The description shall be sufficiently detailed so as to be able to facilitate a proper assessment of the offer by the customer. If Studio Ditte uses images, these shall be a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer shall not be binding for Studio Ditte.
- The prices and conditions of a placed order shall be valid for 30 days. If the customer pays after this period of 30 days, the prices and conditions on the date on which Studio Ditte receives payment shall apply.
Article 3 – The agreement
- The agreement is concluded at the time when the customer accepts the offer and meets the corresponding conditions, without prejudice what is written in article 2.
- If the customer has accepted the offer electronically, Studio Ditte immediately confirms acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Studio Ditte, the customer may dissolve the contract.
- An agreement is only made after acceptance of your order by Studio Ditte. Studio Ditte is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Studio Ditte shares this without giving any reason within 10 working days of receiving the order.
Article 4 - Right of withdrawal
- When purchasing products, the customer shall have the possibility to dissolve the agreement, without stating any reasons for this, for a period of 14 days. This cooling-off period shall commence on the day after receipt of the product by the customer.
- During the cooling-off period, the customer shall handle the product and its packaging with due care and attention. If they use their right of withdrawal, they shall return the unused product to Studio Ditte with all accessories supplied and in its original state and packaging.
- The customer shall notify Studio Ditte via e-mail of its wish to return a product. Products delivered may be returned only with consent from Studio Ditte. In its notification of consent, Studio Ditte shall indicate a return address. PLEASE NOTE: The customer shall specify in the subject line of the e-mail the order number received via e-mail.
- Returns are only free of charge within the Netherlands. From other countries, it is possible to return products at your own expense.
- Studio Ditte reserves the right to refuse returned items or to not credit the full amount if it is suspected the item has already been used, or if it has been damaged by the customer.
- If the customer has paid an amount, Studio Ditte shall refund this amount as soon as possible, but within 5 days of the return or withdrawal at the latest.
Article 5 – Liability / warranty
- Studio Ditte guarantees that the products meet the contract, specifications stated in the offer, the reasonable requirements of reliability and usability.
- The customer has the duty to inspect whether the products meet the agreement. If this is not the case, the customer should as soon as possible inform Studio Ditte and in any case within 7 days after delivery, or after observation reasonably possible, in writing and sufficiently evidence.
- If it is demonstrated that the products do not comply with the agreement, Studio Ditte shall have the option of replacing the relevant products with new products upon their return or to refund their invoice value. In this event, the costs of returning the products shall be borne by Studio Ditte.
Article 6 – Payment
- The customer shall pay at the end of the electronic order by means of IDEAL, Visa, Mastercard, American Express, PayPal, Giropay, SOFORT banking and Bancontact. The customer may also choose to make the payment themselves via bank transfer. The order shall only be despatched once the full amount has been received.
- All prices for the items offered include VAT and exclude shipping costs.
Article 7 – Delivery and implementation
- Studio Ditte shall take the greatest possible care when receiving and implementing product orders.
- The place of delivery is the address the customer has specified to the company.
- The specified delivery times are only indicative. If any delivery term is exceeded, you shall not be entitled to compensation, nor shall you be entitled to cancel your order or dissolve the agreement, unless the term is exceeded to such an extent that you cannot be reasonably expected to leave the agreement intact. In this case, you shall be entitled to cancel the order or dissolve the agreement insofar as this is necessary.
- The delivery time specified for the items shall commence once Studio Ditte has received payment from the customer.
- The risk of damage and/or loss of products shall lie with Studio Ditte until the time of delivery to the customer, unless expressly agreed otherwise. The risk in relation to the products shall be transferred to the customer upon delivery. The risk of any return shipment of the items shall lie with the customer.
- Studio Ditte shall be allowed to make partial delivery of items sold. Studio Ditte shall inform the customer of the partial delivery.
Article 8 - Intellectual property
- Studio Ditte owns and retains all intellectual property rights that protect or may be established over the design.
- Reproductions of Studio Ditte designs are not permitted without the consent of Studio Ditte.
Article 9 – Force majeure
- Without prejudice to other rights to which it is entitled, in the event of force majeure, Studio Ditte shall be entitled, at its own discretion, to suspend the implementation of the order of the customer, or to dissolve the agreement without judicial intervention. This shall occur by notifying the customer of this in writing, without Studio Ditte being liable to pay any compensation whatsoever, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
- Force majeure shall be understood to mean any shortcoming that cannot be attributed to Studio Ditte, as it is blameless in the matter and cannot be held responsible pursuant to the law, a legal act or generally accepted practice.
Article 10 - Complaints
- Complaints may be submitted to: Studio Ditte, Het Bolwerk 60, 4811 DR BREDA,The Netherlands, firstname.lastname@example.org
- Fully and clearly described complaints about the implementation of the agreement shall be submitted to Studio Ditte within a reasonable period of 7 days of the discovery of the defects by the customer.
- Complaints submitted to Studio Ditte shall be responded to within a period of 7 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Studio Ditte shall respond within the period of 7 days with a notification of receipt and an indication of when the customer may expect a more detailed reply.
- In no way shall Studio Ditte be held liable for any damage to a wall or other items after or as a result of the use or removal of products from Studio Ditte.
- In the event of a complaint, you must keep the original product so we can inspect it if necessary. We may also ask you to take pictures as this enables us to better assess the complaint.
Article 11 - Miscellaneous
- Should one or more provisions of these conditions or any other agreement with Studio Ditte violate any applicable legal provision, the relevant provision shall lapse and be replaced with a new, legally admissible, similar provision to be determined by Studio Ditte. Should this modification occur after the conclusion of the agreement, our client shall be competent to dissolve the agreement.
- Studio Ditte shall be competent to enlist the services of third parties in the implementation of orders.
- The Dutch text of these general terms and conditions shall always be decisive for the interpretation thereof.
Article 12 - Disputes
- Dutch law shall exclusively apply to agreements between Studio Ditte and the customer to which these general terms and conditions apply.
- The Disputes Committee shall only consider a dispute if the customer has first submitted their complaint to Studio Ditte within a reasonable period of time.