Terms and Conditions
Article 1 - Entrepreneur's identity
Company name: | Studie Bijdehand v.o.f. |
Postal address:: | Postbus 19, 3214 ZG in Zuidland |
Place of business: | Zuidland |
Website: | http://www.studiebijdehand.nl |
Place of business: | KVK 24456850 |
VAT identification number: | NL820590605B01 |
Bank: | NL53 INGB 0657 5904 87 |
Article 2 - Applicability
1. | These general terms and conditions apply to all made and offered (purchase) agreements of Studie Bijdehand between Studie Bijdehand and the buyer. |
2. | Before the agreement is made, these general terms and conditions can be called up by the buyer through the website www.studiebijdehand.nl, requested by mail and/or requested by sending an e-mail. |
3. | Deviations from the specifics of these general terms and conditions may only occur when these are confirmed in writing by both parties. |
4. | When these general terms and conditions mention "buyer" this must be understood as any natural or legal person, who is in a relation with us by contract on account of a closed purchase agreement, or wishes to enter into a different agreement. "Buyer" especially also means the person making an order and responsible for the bill. |
5. | When these general terms and conditions mention "delivery", this includes the execution of all services and activities of any kind. |
Article 3 - The offer
1. | The offer contains a comprehensive and precise description of all the products and/or services offered. The description is detailed enough for the buyer to be able to judge the offer properly. The images used by Studie Bijdehand are a true reproduction of the products and/or services offered. Studie Bijdehand is not bound by obvious mistakes or errors in the offer. |
2. | Every offer contains the information necessary for the consumer to be clear on the rights and obligations connected to the acceptance of an offer. |
Article 4 - Quotations
1. | All our quotations must be considered invitations to acceptance for the prospective buyer. They therefore do not bind us in any way, unless the opposite is determined explicitly and unambiguously in the quotation itself. The order we receive is considered an offer, which after confirmation on our part (the so-called confirmation of order) will be considered accepted. |
2. | Website quotations will be valid for three days from the moment they are made. After this period, the quotation will be cancelled. |
Article 5 - The agreement
1. | The buyer confirms the agreement by making the payment, by granting authorisation or by agreeing to purchase on credit. |
2. | Studie Bijdehand will confirm the agreement by sending an invoice. |
3. | The agreement will be realised when the terms set in paragraph 1 and 2 of this article are met. |
4. | When the buyer has accepted the website offer, Studie Bijdehand will immediately confirm the receipt of the offer's acceptance electronically. |
5. | When the agreement is reached electronically, Studie Bijdehand takes appropriate technical and organizational measures to ensure a secure electronic transfer and a safe web environment. When the buyer can pay electronically, Studie Bijdehand will take in consideration the appropriate security measures. |
6. | Studie Bijdehand can - legally - ascertain whether the buyer can meet their obligation to pay, and also all those facts and factors of interest for sensibly entering into an agreement at a distance. When Studie Bijdehand, based on this research, has good grounds to not enter into the agreement, they are justified, when stating their reasons, to reject an order or request, or to attach special conditions to the execution. |
7. | Studie Bijdehand will enclose with the product or service to the consumer, in writing or in such a way that the consumer can easily store it on a durable data carrier, the following information: |
a. | The contact address for the consumer's complaints; |
b. | The conditions under which and manner in which the consumer can use return; |
c. | Where the consumer can consult the other conditions. |
Article 6 - The price
1. | The price and possible shipping costs which the consumer has to pay, will be agreed upon in advance. |
2. | The prices of products or services mentioned in the offer aimed at consumers include VAT. The prices of products or services aimed at companies do not include VAT. |
3. | When after the date the agreement is made but before the date of delivery incidental costs occur in our view, we preserve the right to then dissolve the agreement completely or partially without legal intervention being required. |
Article 7 - Payment
1. | The sums owed by the consumer must be settled as agreed upon with the seller. |
2. | The consumer is obliged to immediately inform Studie Bijdehand of inaccuracies in provided or stated payment details. |
3. | When the buyer does not take to (full) payment in time, they are in default and no further proof of default is required. We then preserve the right, when there is a sufficient coherence with the buyer's non-compliance, to postpone or cancel the compliance of all our obligations towards the buyer, without prejudice to all our rights resulting from the common law. |
Article 8 - Delivery and execution
1. | Studie Bijdehand will exercise due caution when receiving and executing orders of products and when judging requests for services. |
2. | The place of delivery is the address the consumer has made known to the company. |
3. | When delivery of an ordered product turns out to be impossible, Studie Bijdehand will notify the buyer of this as soon they can and Studie Bijdehand will return the sum in question within thirty days of the notification. |
4. | The risk of damage and loss of products rests with Studie Bijdehand until the moment of delivery to the consumer, unless explicitly agreed otherwise. |
5. | When the consumer receives a wrong delivery, the consumer is obligated to notify this and to return the incorrect goods. Studie Bijdehand will cover the costs for the return shipment. |
6. | You are also obligated to check, upon delivery, if the products comply with the agreement. When this is not the case, you need to notify Studie Bijdehand as soon as possible and in any case within ten days of delivery, at least after the conclusion could be reached in fairness, in writing or electronically (e-mail) and with a motivation. |
7. | Delivery of the ordered goods will take place as indicated on the website. Studie Bijdehand will publish this delivery information as currently and carefully as possible. Indicated delivery times are guidelines. |
8. | Studie Bijdehand is authorized to use third parties for the execution of your order(s). |
Article 9 - Retention of Title
1. | The title of delivered products remains vested in the seller until you have settled all you owe Studie Bijdehand on the basis of the agreement. The risk relevant to the product is already transferred to you at the moment of delivery. |
Article 10 - Return
1. | When purchasing products the consumer has the option to dissolve the agreement without motivation for at least thirty days. This term begins the day after receipt of the product by or on behalf of the consumer. |
2. | During this term, the consumer will carefully handle the product and its packaging. They will only unwrap or use the product to such an extent necessary to be able to judge whether they wish to keep the product. When they use their right of withdrawal, they will return the product with all provided accessories and - when reasonably possible - in its original state and packaging to Studie Bijdehand. |
3. | When the consumer uses their right of withdrawal, they will at the most cover the costs for return. |
4. | The buyer is responsible for the risk (loss, damage and the like) of the return. |
5. | When the consumer has paid a sum, Studie Bijdehand will return this sum as soon as possible, yet at the latest within fourteen days of the return. |
Article 11 - Conformity and Warranty
1. | Studie Bijdehand guarantees the products and or services' compliance with the agreement, the specifications stated in the offer, the reasonable requirements of quality and workability and the legal provisions and/or government regulations existing on the date of the realisation of the agreement. |
2. | A settlement offered as warranty by Studie Bijdehand, manufacturer or importer does not alter the rights and claims the consumer is entitled to, relevant to a shortcoming in the compliance of the obligations of Studie Bijdehand, based on the law and/or the agreement at a distance. |
Article 12 - Liability
1. | Studie Bijdehand is not liable for the readers' content. The content is provided by third parties as mentioned in the offer. |
2. | When the readers' contents infringe copyrights, Studie Bijdehand is not liable. Liability then lies with the third party who provided the delivery of the content to us. |
Article 13 - Complaint Settlement
1. | Complaints about the execution of the agreement have to be submitted to Studie Bijdehand, within due time, completely and clearly described, after the consumer has observed shortcomings. Not submitting the complaint in time may lead to the consumer in question losing their rights. |
2. | Complaints submitted to Studie Bijdehand will be answered within a term of fourteen days counting from the day of receipt. When a complaint requires a foreseeable longer processing time, Studie Bijdehand will answer within the term of fourteen days with a notification of receipt and an indication of when the consumer can expect a more elaborate answer. |
3. | A complaint arises when the problem or observation the consumer has on a certain product that they purchased is not resolved by the seller to the buyer's satisfaction. |
Article 14 - Force Majeure
1. | Force majeure should be understood as any circumstance out of our control which has such a nature that compliance with the agreement cannot reasonably be asked of us (non-attributable shortcomings in compliance). Force majeure includes: war, disturbances and hostilities of any kind, blockade, boycott, natural disasters, epidemics, lack of raw materials, obstruction and interruption of transport possibilities, failures in our company, import and export limitations or prohibitions, interferences caused by measures, laws or orders of international, national and regional (government) institutions. When we are unable to comply with our obligation to deliver, or to do so unseemly or not in time because of force majeure, we preserve the right to consider the agreement, or the not yet executed part, as dissolved, or to postpone it for a certain or undetermined time, as we choose. In the case of force majeure, the buyer cannot claim compensation for damage. |
2. | Studie Bijdehand relies on third parties for the content of the readers. When these are provided too late, this is also considered force majeure. In this case the same points as mentioned in paragraph 1 of article 14 hold. |
Article 15 - Governing law
1. | The quotations and all agreements made by us are governed exclusively by Dutch law. No legal right may be derived from this translated version. |