Article 1. Definitions
- Studio Light BV is a producer with the objective of designing and selling creative materials.
- In these General Terms and Conditions, “Customer” means: the natural or legal person, whether or not acting in the performance of his profession or business, who uses the Services of Studio Light BV.
- In these General Terms and Conditions, the term “Agreement” means: the legal relationship between Studio Light BV and the Client, all this in the broadest sense.
- In these General Terms and Conditions, ‘Services’ is understood to mean: all products and services supplied to the Client by Studio Light BV and / or third parties engaged by it, as well as all other activities of whatever nature performed by Studio Light BV for the Client in the context of an assignment, including work that is not performed at the express request of the Client.
- In these General Terms and Conditions, the term “Website” means: the Website https://www.studiolight.nl.
Article 2. Applicability of the General Terms and Conditions
- The General Terms and Conditions apply to all Agreements concluded between the Client and Studio Light BV in which Studio Light BV offers Services or delivers products.
- Deviations from the General Terms and Conditions are only valid if explicitly agreed in writing with Studio Light BV.
- Applicability of the Client’s purchase or other conditions are expressly rejected, unless explicitly agreed otherwise in writing.
- The General Terms and Conditions also apply to additional or amended assignments from the Client.
Article 3. The Agreement
- All offers on the Website are entirely without obligation, unless explicitly stated otherwise.
- The Customer can contact Studio Light BV via the Website, e-mail or telephone for one of the Services offered. Studio Light BV will consult with the Client about his expectations and can then prepare a quote that will be sent by letter or by e-mail. The Agreement is only concluded by signing the quotation or through an order confirmation.
- Customer can also place orders on the Website. The Agreement is then established by placing an order.
- If Studio Light BV sends a confirmation to the Customer, it is decisive for the content and explanation of the Agreement, subject to apparent errors. Studio Light BV cannot be held to its offer if the Client can reasonably understand that the offer, or a part thereof, contains an obvious mistake or error.
- If the Client takes notes or gives reactions to the offer from Studio Light BV, they will not form part of the Agreement, unless Studio Light BV confirms this in writing.
- An assignment by the Client that has not been preceded by a written quotation requires written acceptance by Studio Light BV.
Article 4. Execution of the Agreement
- Studio Light BV will endeavor to perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship, as well as as far as possible in accordance with the written agreements.
- Studio Light BV has the right to have certain work done by third parties.
- When engaging third parties, Studio Light BV will take the necessary care and consult with Customer when selecting these third parties as much as this is reasonably possible and customary in relation to the Customer. The costs of engaging these third parties are for the account of the Customer, and will be charged to the Customer by Studio Light BV.
- The Client shall ensure that all data, of which Studio Light BV indicates that they are necessary or which the Client should reasonably understand to be necessary for the execution of the Agreement, is provided to Studio Light BV in a timely manner. If the information required for the implementation of the Agreement is not provided to Studio Light BV in time, Studio Light BV has the right to suspend the implementation of the Agreement and / or to charge the additional costs resulting from the delay to the then usual rates. To charge the customer.
- The Client ensures that Studio Light BV can provide its Services in a timely and reliable manner. If the Client does not comply with its agreements in this regard, it is obliged to compensate the resulting damage.
- If a term has been agreed or specified for the performance of Services, this is never a strict deadline. If a period is exceeded, the Client must give Studio Light BV written notice of default. Studio Light BV must thereby be offered a reasonable term to still implement the Agreement.
Article 5. Amendment of the Agreement
- If during the execution of the Agreement it appears that for a proper implementation thereof it is necessary to change or supplement it, Studio Light BV and the Client will timely and in mutual consultation proceed to adjust the Agreement.
- If the Agreement is amended, including an addition, there will be an additional assignment. A separate appointment will be made about this additional assignment about the remuneration. Without additional quotation the original conditions apply, whereby the extra Services are paid at the usual rate.
- Failure or immediate implementation of the amended Agreement does not constitute a breach of contract by Studio Light BV and is no reason for the Customer to terminate or terminate the Agreement.
- Changes to the originally concluded Agreement between Studio Light BV and the Client are only valid from the moment that these changes are accepted by both parties through an additional or amended Agreement. This change is made in writing.
Article 6. Suspension, dissolution and early termination of the Agreement
- Studio Light BV is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement if the Customer does not, not fully or not timely fulfill the obligations under the Agreement, or that Studio Light BV has good reason to fear that the Customer will fall short of those obligations.
- Furthermore, Studio Light BV is authorized to terminate the Agreement if circumstances arise that are of such a nature that fulfillment of the Agreement is impossible or unaltered maintenance of the Agreement cannot reasonably be required.
- If the Customer does not fulfill his obligations arising from the Agreement and this non-compliance justifies dissolution, then Studio Light BV is entitled to dissolve the Agreement immediately and with immediate effect without any obligation on his part to pay any compensation or compensation, while the Customer, due to non-performance, compensation or compensation is required.
Article 7. Cancellation
- Cancellation of the Agreement after signing the offer is not possible.
- Cancellation can no longer take place if an e-mail has been sent, stating that the Product has been sent, whereby the time of receipt of this message by the Client is the guiding principle.
Article 8. Costs, fees and payment
- All amounts mentioned in the quotation or on the website are in euros and include VAT, unless stated otherwise.
- Quotations without an explicit period of acceptance are valid for thirty days after the date of the quotation.
- Studio Light BV has the right to correct manifest errors in the quotation.
- Payment is made via online banking or on account.
- For orders Studio Light BV requires shipping costs depending on the ordered items.
- All invoices must be paid with due observance of a payment period of 14 days, unless a different period has been agreed.
- The Customer has the duty to inform Studio Light BV immediately of inaccuracies in the stated or provided payment details.
- If the Client fails to pay an invoice on time, the Client is legally in default, without further notice of default being required. The Client then owes the statutory interest. The interest on the claimable amount will be calculated from the moment the Client is in default until the moment of payment of the full amount due.
- If Studio Light BV decides to collect a claim for non-payment of one or more unpaid invoices by judicial means, the Client is, in addition to the principal owed and the interest referred to in paragraph 7 of this article, also obliged to take all reasonable legal and to reimburse extrajudicial costs. The reimbursement of judicial and extrajudicial costs incurred will be determined in accordance with the then applicable regulations that concern reimbursement for extrajudicial collection costs.
Article 9. Shipping and delivery
- If an order is lost or damaged, a suitable solution is sought in mutual consultation.
- Studio Light BV determines the method of transport and packaging itself. Studio Light BV can choose to deliver the Products in person, but can also opt for delivery via PostNL or another postal deliverer.
- The delivery time of Studio Light BV depends on the order. Studio Light BV strives for a prompt delivery at all times.
- If, after the expiry of the delivery time, the Products are available to the Customer but are not purchased by him, the Services are stored at his disposal for his risk and at his expense, regardless of the reason for non-acceptance.
Article 10. Return
- Products can be returned within fourteen (14) days of receipt, without giving a reason. The entire amount paid by the Customer, including shipping costs, will be fully refunded within fourteen (14) days of receiving the Product.
- During these fourteen (14) days, the customer is obliged to handle the product received with care. If the Client decides to return the Products, and it is not necessary to remove the packaging, Studio Light BV will ask you not to do this.
- Customer can return the Product via a mail delivery company of its own choice. The costs of return will be borne by the Customer.
- If the Customer wishes to return the order, the Customer must download and complete the return form from the Website. Customer must enclose this form with the return shipment.
Article 11. Call orders
- If there is a call-off order and no period has been agreed within which the call-off should take place, the call-off period is the last day of the delivery period and actual delivery will take place within 15 working days thereafter.
- If a call period has been agreed and the client has not called within that period, the contractor will issue a written demand. In that demand an additional call period will be set of 8 working days, starting on the date of the relevant demand. If no further call has taken place within that additional call period, the contractor has the choice between delivering the order or storing the ordered goods at the expense and risk of the client.
Article 12. Liability
- The Customer is responsible for submitting correct and representative data and information that is necessary for the execution of the Agreement. Studio Light BV is not liable for damage, including on the basis of an incorrect order, if the Client has provided incorrect, non-representative or irrelevant information.
- Although efforts will always be made to meet the delivery time, Studio Light BV is never liable for the consequences of exceeding the delivery time on the Website, in the confirmation e-mail or elsewhere. Exceeding the term does not entitle the Client to cancel the Products, or to refuse the receipt or payment of the Products, nor does Studio Light BV owe any compensation to the Client.
- Studio Light BV is not liable for errors or negligence of third parties engaged by it.
- Studio Light BV is not liable for any errors on the Website.
- Studio Light BV is not liable for non-compliance or late compliance with the obligations arising from the Agreement, if this is caused by force majeure as referred to in Article 12.
- If Studio Light BV is held liable, it will only be liable for direct damage actually incurred, paid for or suffered by the Customer due to a demonstrable breach of the obligations of Studio Light BV with regard to its Services. Studio Light BV is not liable for indirect damage, including but not limited to consequential damage.
- The liability of Studio Light BV is limited to the amount covered and paid out by the insurer. If the insurer does not pay out, or if Studio Light BV is not insured, the liability is limited to the amount paid by the Client.
Article 13. Force majeure
- Force majeure is understood to mean all external causes, outside the will or in the hands of Studio Light BV, as a result of which timely, complete or correct compliance with the Agreement is no longer possible.
- Force majeure as referred to in the previous paragraph is also understood to include, but is not limited to: non-compliance by a third party, illness of personnel of Studio Light BV itself or a third party, abnormal weather conditions, disruptions in water and energy supplies, strikes, serious malfunctions in the systems of Studio Light BV, fire, floods, natural disasters, riots, war or other domestic unrest.
- In the event of force majeure, compliance with the Agreement will be suspended for as long as the force majeure continues.
- If the force majeure continues for more than one month, both parties are entitled to terminate the Agreement without the intervention of the courts. In such a case, Studio Light BV will repay any amounts paid, with deducted from it all costs that Studio Light BV has incurred in relation to the Agreement.
Article 14. Warranty
- Studio Light BV offers a guarantee for the Products it supplies against material and manufacturing defects. The guarantee means that Studio Light BV will correct the errors to the best of its ability and, if necessary, replace them. Defects must be reported in writing to Studio Light BV.
- The guarantee does not apply if the errors are wholly or partly the result of incorrect, inexpert, careless use, use for purposes other than normal or external causes, including but not limited to fire or water damage.
- The warranty also does not apply if the Products have been modified or maintained by third parties.
- The warranty period is 30 days from the time of delivery, unless otherwise agreed.
- If Studio Light BV performs repair work that falls outside the framework referred to in this article, these will be charged to the Customer.
- The provisions in the general terms and conditions with regard to guarantee are without prejudice to the Client’s warranty claims under the law.
Article 15. Complaints
- The Client is obliged to inspect or have the delivered Product inspected at the time of delivery, or at least within the shortest possible term. In addition, the Customer must investigate whether the quality and quantity of the delivered goods correspond to the provisions of the Agreement.
- Errors or inaccuracies that may be found during a first inspection, taking into account the requirements of reasonableness and fairness, must be reported in writing to Studio Light BV within fourteen (14) working days after receipt of the Products, with proof of purchase being issued, unless this is impossible or unreasonably onerous.
- Other complaints, including complaints that could not be detected during a first inspection, must be reported in writing to Studio Light BV within one (1) month at the latest in accordance with the provisions of paragraph 2 of this article.
Article 16. Confidentiality of data
- Each of the parties guarantees that all information received from the other party that is known or should be known to be of a confidential nature remains confidential. The party that receives confidential data will only use it for the purpose for which it was provided. Data will in any case be considered confidential if it is indicated as such by one of the parties. Studio Light BV cannot be held to this if the provision of data to a third party is necessary as a result of a court decision, a legal provision or for the correct execution of the agreement.
- Studio Light BV ensures that all processing of personal data of Customer is in accordance with the General Data Protection Regulation. This means, among other things, that Studio Light BV only collects personal data on the basis of one of the permitted legal grounds and that the Customer can at any time submit a request to Studio Light BV for the removal of his personal data.
Article 17. Intellectual property
- Studio Light BV reserves the rights and powers that accrue to it under the Copyright Act.
- Studio Light BV of data. The Client shall indemnify Studio Light BV against any action based on the claim that such provision, use, processing, installation or incorporation infringes any right of third parties.
Article 18. Complaints
- If the Customer has a complaint, the Customer must send this in writing to info@studiolight.nl.
Article 19. Identity of Studio Light BV
- Studio Light BV is registered with the Chamber of Commerce under number 09091782 and bears VAT identification number NL807682123B01. Studio Light BV is located at Achterdorpstraat 12 (3772 BV) in Barneveld.
- Studio Light BV can be reached by e-mail via info@studiolight.nl or via the Website https://www.studiolight.nl and by telephone on 0342-422911.
Article 20. Applicable law and competent court
- Dutch law applies to the legal relationship between Studio Light BV and its Client.
- All disputes that may arise between Studio Light BV and the Client will be settled by the competent judge of the District of Amersfoort.