DELIVERY CONDITIONS STUDIO JANTIEN BAAS
By placing an order with Studio Jantien Baas, the Client declares to be aware of these terms and conditions of delivery.
Article 1. Definitions
In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise.
- Articles: The items that Studio Jantien Baas offers on its website, which items can be ordered by the Client.
- Studio Jantien Baas: The company trading under the name Studio Jantien Baas, the user of these general terms and conditions.
Studio Jantien Baas is understood to mean:
Studio Jantien Baas located in Delft, Vlamingstraat 8, 2611 KW.
Registered in the trade register of the Chamber of Commerce under the number: 72125993.
With VAT No: NL002023771B18
- Customer: The party with whom Studio Jantien Baas enters into a contract.
Article 2. Applicability
- These general terms and conditions apply to all agreements to which Studio Jantien Baas is a party. Placing an order or giving an assignment by the Client is deemed to constitute consent to the application of these general terms and conditions.
- Deviation from the general terms and conditions is only possible if the parties have expressly agreed this in writing in advance.
- The applicability of the general terms and conditions used by the Client is expressly rejected, unless expressly agreed otherwise in writing.
- Should any provision of the general terms and conditions be null and void or be nullified, the other provisions will remain in full force and the null and void or nullified provision(s) of the general terms and conditions will be replaced by a new, legally admissible provision(s) whereby the purpose and purport of the null and void or nullified provision(s) will be observed as much as possible.
- Studio Jantien Baas reserves the right to amend or supplement these general terms and conditions. Changes of minor importance may be made at any time. If the Client does not wish to accept an amendment, he may terminate the agreement by this date until the date on which the new terms and conditions take effect.
Article 3. Orders
- The agreement between Studio Jantien Baas and the Client only becomes binding on the parties by written confirmation from Studio Jantien Baas, or as soon as Studio Jantien Baas, with the consent of the Client, has commenced the performance acts.
- The scope of the obligations of Studio Jantien Baas is only determined by what has been explicitly confirmed.
- Studio Jantien Baas reserves the right to refuse orders without giving reasons or to accept them only on the condition that they are sent cash on delivery or after payment in advance. In such a case, the Client will receive written notification of this within seven days of placing the order.
- Changes to an order, once issued, must be in writing and accompanied by a clear description of the changes. Changes are only binding for Studio Jantien Baas if they have been confirmed by Studio Jantien Baas in writing.
- Upon receipt of the Client’s order, Studio Jantien Baas can inform itself of the Client’s creditworthiness. If this investigation results in a lack of clarity about the Client’s ability to meet their payment obligations, Studio Jantien Baas has the power to refuse the agreement or to attach conditions to it that are to be agreed.
Article 4. Prices and payment
- The prices mentioned by Studio Jantien Baas include VAT. Any costs to be incurred within the framework of the agreement, such as shipping costs, are not included in the stated prices. These costs are shown separately and agreed in advance.
- Payment can be made in three different ways: paypal, ideal, bancontact. Payment with paypal, ideal and bancontact goes through Mollie, an online payment system on the website. Payment via internet takes place in a well secured environment. Nevertheless, payment via internet is at the Customer’s own risk.
1. In the event of the Client’s liquidation, bankruptcy or suspension of payments, the claims of Studio Jantien Baas are immediately due and payable.
Article 5. Offers
- All offers made by Studio Jantien Baas are made without obligation and as far as possible are subject to a deadline. Offers cannot be changed.
- Studio Jantien Baas cannot be held to its offer if the Client can reasonably understand that the offer contains an obvious mistake or slip of the pen. This includes typographical and printing errors.
- If the Client accepts an offer from Studio Jantien Baas without obligation, Studio Jantien Baas has the right to revoke or revise the offer within three working days of receiving that acceptance.
- The offer contains a limited description of the Articles to be delivered.
Article 6. Delivery
- The risk relating to the orders to be delivered is transferred to the Customer at the time of delivery, unless expressly agreed otherwise in writing.
- .Studio Jantien Baas shall take the greatest possible care when processing the Client’s order and executing that order. Stated delivery times are approximate and are never strict deadlines.
- The order will be delivered to the address indicated by the Client when placing the order.
- Studio Jantien Baas will proceed to execute the order as soon as possible, but no later than 30 days after receipt of the order, unless a longer delivery period has been agreed. If the order is delayed further or becomes permanently impossible, the Client will be notified as soon as possible but no later than one month after placing the order. In this case, the Customer is entitled to dissolve the agreement free of charge. Studio Jantien Baas will then return the amount paid to the consumer as soon as possible, but no later than 30 days after dissolution.
Article 7. Conformity and guarantees
- Studio Jantien Baas will make every effort to have the delivered product comply with the agreement. Studio Jantien Baas declares that the products possess properties that, taking all circumstances into account, are necessary for normal use. The product will comply with the description as stated by Studio Jantien Baas and the statutory provisions and government regulations that existed on the date on which the agreement was concluded. Data relating to the article, such as the dimensions on the website of Studio Jantien Baas, are only approximate and do not constitute grounds for invoking non-conformity.
- The Client is at all times obliged to follow the regulations and instructions (including washing instructions) of Studio Jantien Baas and/or the manufacturer. Studio Jantien Baas cannot guarantee the soundness of products if these regulations and instructions are not properly observed.
- A Client that invokes conformity shall make the product(s) concerned available to Studio Jantien Baas so that Studio Jantien Baas can assess the Client’s appeal.
- If the Client invokes conformity and requires Studio Jantien Baas to replace items, the replaced items become the property of Studio Jantien Baas, without the Client being able to claim compensation.
- Studio Jantien Baas is not liable for any damage or defects that have occurred after the delivery of goods as a result of use other than normal that was not agreed upon, of improper use or lack of care, or that are the result of changes that the Client or a third party has made to the delivered goods.
- All guarantees lapse if the Customer himself makes changes or repairs to the delivered products or has them made, or if the Customer uses the delivered products for a purpose other than normal.
Article 8. Right of withdrawal
- After receipt of the order, the Customer has the option of dissolving the agreement without giving reasons for a period of ten days, unless it concerns:
– items that are used, damaged or incomplete;
– items that are defective due to the fault of the Client. In the event of a manufacturing defect, these items are eligible for repair or replacement;
– measurements and articles that are delivered to order;
– exchanged vouchers or vouchers;
– items that cannot be exchanged for hygienic reasons.
- During this period, the Customer must handle product and packaging with care. The Client shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
- The Client that makes use of the right as described in paragraph 1 of this article shall return the product to Studio Jantien Baas with all delivered accessories and in its original condition and packaging, in accordance with the instructions provided by Studio Jantien Baas.
- The costs of returning the product to Studio Jantien Baas shall be borne by the Client.
- After the Client returns the order, Studio Jantien Baas shall return the amount paid to the Client as soon as possible but no later than 14 days after the return. The costs of returning the order will not be paid to the Client.
Article 9. Cancellation
- Studio Jantien Baas reserves the right to cancel all or part of a Client’s order by means of a written notification to the Client. In the event of cancellation by Studio Jantien Baas, Studio Jantien Baas will return any amount paid to the Client as soon as possible but no later than 14 days after the cancellation.
- The Client may cancel an agreement in writing before the agreed time of delivery. In addition, the Client retains the right of withdrawal described in Article 8.
Article 10. Force majeure
- Studio Jantien Baas is not obliged to fulfil any obligation towards the Client if it is hindered to do so as a result of a circumstance that is not attributable to fault and is not for its account under the law, a legal act or generally accepted views. Studio Jantien Baas may suspend the obligations arising from the agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the agreement without any obligation to compensate the other party for damages. If the aforementioned situation arises when the agreement has been partially executed, the Client is obliged to fulfil its obligations towards Studio Jantien Baas until that moment. Studio Jantien Baas is entitled to invoice the part already fulfilled or to be fulfilled separately. The Client is obliged to pay this invoice as if it were a separate agreement.
- In these general terms and conditions, force majeure, in addition to what is understood in this respect by law and case law, means all external causes, whether foreseen or not, over which Studio Jantien Baas has no influence but which prevent Studio Jantien Baas from fulfilling its obligations. This includes strikes in the business of Studio Jantien Baas or third parties. Studio Jantien Baas is also entitled to invoke force majeure if the circumstance that prevents (further) compliance with the agreement occurs after Studio Jantien Baas should have complied with its obligation.
Article 11. Liability
- Studio Jantien Baas cannot be held liable for damage that has occurred during or as a result of the execution of the agreement, unless the damage is caused by intent or wilful recklessness on the part of Studio Jantien Baas , its personnel or third parties that perform work for the Client on the instructions of Studio Jantien Baas.
- If Studio Jantien Baas turns out to be liable towards the Client in any way, the liability shall at all times be limited to the amount paid out by Studio Jantien Baas’ insurer. If the insurer of Studio Jantien Baas does not pay out any amount, the liability of Studio Jantien Baas is limited to the value of the product concerned.
Article 12. Intellectual property rights
- Studio Jantien Baas has and retains all intellectual property rights to the designs of Studio Jantien Baas.
- It is not permitted to make use of the rights referred to in Article 12.1 in the broadest sense of the word without the permission of Studio Jantien Baas, including (but not limited to) making reproductions.
Article 13. Complaints
- Complaints regarding the performance of the agreement must be submitted to Studio Jantien Baas in writing, stating the reasons, within 14 days of the discovery of the defects in the performance. Complaints submitted after this date have no legal consequences.
- In the case of a justified complaint, Studio Jantien Baas has the choice between:
– adjustment of the charged rate;
– replacing the delivered product free of charge;
– taking back the product and repaying the agreed amount to the Client.
Complaints do not suspend the Customer’s payment obligation.
Article 14. Applicable law and competent court.
- All agreements between Studio Jantien Baas and the Client to which these general terms and conditions apply are governed by Dutch law.
- All disputes between Studio Jantien Baas and the Client that may arise and for which no solution can be found in mutual consultation, shall exclusively be submitted to the court in the place where Studio Jantien Baas has its registered office. Nevertheless, the parties have the right to submit the dispute to an independent arbitration institute.
- The parties will only appeal to the court after they have done their utmost to settle a dispute in mutual consultation.