Table of contents
Article 1 - DefinitionsArticle 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 right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
In these conditions the following definitions apply:
Article 2 - Identity of the entrepreneur
Studio Fimeaustudiofimeau@gmail.com
Chamber of Commerce 89519175
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Any uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered. Because the products are handmade and made with natural products, Studio Fimeau cannot guarantee that the displayed items correspond exactly to the delivered ones.
Each offer contains such information that it is clear to the consumer what the rights and obligations are.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
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 agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
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.
The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
Article 6 - Right of withdrawal
When delivering products:
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the consumer will be responsible for a maximum of the costs of return. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.Article 8 - Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3: ear jewelry and earrings.Article 9 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates. The prices stated in the offer of products or services include VAT.All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty
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 legal provisions existing on the date of the conclusion of the agreement and /or government regulations.
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 under the agreement.
Any defects or incorrectly delivered products must be reported to the seller in writing upon receipt of the purchase.
The warranty does not apply if:
the consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 11 - Delivery and execution
The entrepreneur will exercise the utmost care when receiving and executing orders for products.
The place of delivery is the address provided by the consumer.
Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than within 10 days, unless the consumer has agreed to a longer delivery period.
All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation or termination of the purchase agreement.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to inform the customer in a timely manner and - if possible - make a replacement item available. Before delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered if the customer has agreed to this. For replacement items right of withdrawal can not be excluded.
The risk of loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Payment
Studio Fimeau offers the following payment methods:
- iDEAL
- PayPal
- Credit card
- Bancontact
The consumer is bound by the rules and conditions of the payment platform they have chosen. Studio Fimeau has no influence on these conditions and cannot be held responsible for the content.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
Article 14 - Complaints procedure
Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur via email within 14 days after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will find a suitable solution at its discretion.
Article 15 - Disputes
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 lives abroad.
Article 16 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions 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.