Terms of service

General Terms and Conditions STUDIO SIF

Table of Contents

  • Article 1 - Definitions
  • Article 2 - Identity of the entrepreneur
  • Article 3 - Applicability
  • Article 4 - The offer
  • Article 5 - The agreement
  • Article 6 - Right of withdrawal
  • Article 7 - Costs in case of withdrawal
  • Article 8 - Exclusion of the right of withdrawal
  • Article 9 - The price
  • Article 10 - Conformity and warranty
  • Article 11 - Delivery and execution
  • Article 12 - Duration transactions: duration, termination, and renewal
  • Article 13 - Payment
  • Article 14 - Complaints procedure
  • Article 15 - Disputes
  • Article 16 - Additional or deviating provisions
  • Article 17 - Intellectual Property Rights

Article 1 - Definitions

In these conditions, the following terms are defined as:

  1. Reflection period: the period within which the consumer can make use of their right of withdrawal; read all about the reflection period.
  2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Long-term transaction: a distance contract concerning a series of products and/or services, with the delivery and/or purchase obligation spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information directed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
  6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period;
  7. Model form: the model withdrawal form made available by the entrepreneur that a consumer can fill in when they want to make use of their right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for distance sales of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
  10. Technology for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being together in the same space simultaneously.
  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

STUDIO SIF
Sint Corneliusweg 8
5221 BX Bokhoven
Netherlands
Phone number: 0618544136
Email: info@studiosif.com
KVK: 68959575
VAT: NL001903944B15

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and they will be sent free of charge to the consumer as soon as possible upon request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions can be provided electronically to the consumer in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge upon request.
  4. If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy, and the consumer can always rely on the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and these conditions will otherwise remain in effect and the relevant provision will be replaced in mutual consultation without delay by a provision that approaches the intent of the original as closely as possible.
  6. Situations that are not regulated in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
  7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be explained ‘in the spirit’ of these general terms and conditions.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made under conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
  5. Images with products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This particularly concerns:
    • the price including taxes;
    • any possible costs of shipment;
    • the manner in which the agreement will be concluded and which actions are necessary for this;
    • whether or not the right of withdrawal is applicable;
    • the method of payment, delivery, and execution of the agreement;
    • the period for accepting the offer or the period within which the entrepreneur guarantees the price;
    • the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the used means of communication;
    • whether the contract is archived after its conclusion, and if so, how it can be consulted by the consumer;
    • the manner in which the consumer, before concluding the contract, can check and, if desired, restore the data provided by them in the context of the contract;
    • the possible other languages in which, besides Dutch, the contract can be concluded;
    • the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the event of a long-term transaction.

Article 5 - The agreement

  1. The agreement comes into effect, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can, within legal frameworks, gather information about whether the consumer can meet their payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.
  5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
    • the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
    • the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • the information on guarantees and existing after-purchase service;
    • the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
    • the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
  7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

For product delivery:

  1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for 14 days. This reflection period starts the day after the consumer or a pre-designated representative of the consumer has received the product.
  2. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they want to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions from the entrepreneur.
  3. When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receipt of the product. The consumer must make this known using the model form or another communication method such as email. After the consumer has expressed their wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
  4. If the customer has not made known their wish to exercise their right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

For service delivery: 5. In the case of service delivery, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting from the day of entering into the agreement. 6. To exercise their right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

  1. If the consumer makes use of their right of withdrawal, the maximum costs of returning the goods will be borne by the consumer.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be provided. The refund will be made via the same payment method used by the consumer unless the consumer explicitly consents to another method.

Article 8 - Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    • that have been created by the entrepreneur in accordance with the consumer's specifications;
    • that are clearly personal in nature;
    • that cannot be returned due to their nature;
    • that can spoil or age quickly;
    • the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
    • for individual newspapers and magazines;
    • for audio and video recordings and computer software of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    • concerning accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period;
    • of which the delivery has begun with the explicit consent of the consumer before the reflection period has expired;
    • concerning betting and lotteries.

Article 9 - The price

  1. During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This bondage to fluctuations and the fact that any mentioned prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
    • they are the result of statutory regulations or provisions; or
    • the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.

Article 10 - Conformity and warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
  3. Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The products must be returned in the original packaging and in new condition.
  4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
    • the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
    • the delivered products have been exposed to abnormal conditions or otherwise carelessly handled or handled contrary to the instructions of the entrepreneur and/or on the packaging;
    • the inadequacy is wholly or partially the result of regulations that the government has made or will make regarding the nature or quality of the applied materials.

Article 11 - Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed upon. If the delivery is delayed or if an order cannot or can only partially be executed, the consumer will be informed about this at the latest 30 days after they have placed the order. In that case, the consumer has the right to dissolve the agreement without any costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid without delay.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination, and renewal

Termination:

  1. The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period, with due observance of the agreed termination rules and a notice period of no more than one month.
  3. The consumer can terminate the agreements mentioned in the previous paragraphs:
    • at any time and not be limited to termination at a specific time or in a specific period;
    • at least in the same manner as they were entered into by the consumer;
    • always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal: 4. An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a definite period. 5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a definite period of a maximum of three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month. 6. An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily news and weekly newspapers and magazines. 7. An agreement with a limited duration for regular delivery of daily news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration: 8. If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

  1. Unless otherwise agreed in writing, payment for orders placed via the webshop must be made in full at the time the order is placed, using one of the payment methods offered.

  2. For custom-made products, specially manufactured products, or orders concluded outside the webshop, full prepayment is required before the entrepreneur proceeds with production or delivery.

  3. The entrepreneur is entitled to suspend performance of the agreement until full payment has been received.

  4. If, contrary to the foregoing, payment after delivery has been agreed, payment must be made within 14 days from the invoice date, unless otherwise agreed in writing.

  5. The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in provided or stated payment details.

  6. If the consumer fails to fulfil his payment obligations in a timely manner, he shall, after having been notified by the entrepreneur of the late payment and having been granted a period of 14 days to fulfil his payment obligations, and if payment is not made within this 14-day period, be liable for statutory interest on the outstanding amount. The entrepreneur shall also be entitled to charge extrajudicial collection costs in accordance with the applicable statutory scale.


Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months fully and clearly described, after the consumer has discovered the defects.
  3. The complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. In the event of complaints, a consumer must first turn to the entrepreneur. For complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is still not reached, the consumer has the option to have their complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that the consumer must pay to the relevant committee.
  6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

Article 15 - Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 17 – Intellectual Property Rights

  1. All intellectual property rights, including but not limited to registered design rights, copyrights, trademark rights and any other intellectual property rights relating to the products, designs, models, patterns, shapes, visual appearance, images, texts and photographs developed and offered by STUDIO SIF, shall exclusively vest in STUDIO SIF.

  2. Without the prior written consent of STUDIO SIF, it is strictly prohibited to copy, reproduce, replicate, modify, manufacture, distribute or commercially exploit, in whole or in part, any products or designs of STUDIO SIF.

  3. It is expressly prohibited to use any STUDIO SIF product as a reference, template or example for the development, manufacture or commercialization of similar or competing products.

  4. In the event of infringement of STUDIO SIF’s intellectual property rights, the infringing party shall be liable for all damages suffered and to be suffered by STUDIO SIF, including full reimbursement of legal costs.