General

Terms and Conditions Studio Young

General

Toc:
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 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 – Complaint scheme
Article 15 – Disputes
Article 16 – Additional or different provisions

Article 1 – Definitions
These conditions mean:

1. “Reflection period” means the time limit within which the consumer may use his right of withdrawal;
2. Consumer means the natural person who does not act in the exercise of occupation or business and enters into a distance agreement with the entrepreneur;
3. Day: calendar day;
4. Duration transaction means a distance agreement relating to a range of products and/or services, the supply and/or purchase obligation of time;
5. Sustainable data carrier: any means that allows the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unchanged reproduction of stored information.
6. Repeal law means the possibility for the consumer to waive the contract remotely within the period of reflection;
7. ‘Model form’ means the retraction model form which the entrepreneur makes available which a consumer can fill out when he wishes to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal person offering products and/or services remotely to consumers;
9. Distance Agreement means an agreement using one or more remote communication techniques within the framework of a remote product and/or service disposal system organised by the operator;
10. Technology for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having gathered simultaneously in the same space.
11. Terms and conditions: the present Terms and Conditions of the Entrepreneur.

Article 2 – Identity of the entrepreneur
Name: Marchien de Jong – Broersma, Studio Jong
Address details: Concourslaan 5, 9285 SG Outpost
Phone: 06-27131646 available from 10am to 6pm
Email: info@studiojong.com
KvK number: 65529871
VAT identification number:NL205287815B01

Article 3 – Applicability
1. These terms and conditions shall apply to any offer made by the entrepreneur and to any distance and distance contracts and orders between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general conditions shall be made available to the consumer. If this is reasonably not possible, it will be indicated before the contract is concluded remotely that the general conditions can be seen with the entrepreneur and they will be sent free of charge at the consumer’s request.
3. Where the contract is concluded electronically remotely, by way of derogation from the previous paragraph and before the agreement is concluded remotely, the text of these terms and conditions may be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple way on a sustainable data carrier. If this is reasonably not possible, it will be indicated before the agreement is concluded remotely, where the general conditions may be taken into account by electronic means and that, at the request of the consumer, it will be informed by electronic means. or otherwise will be transmitted free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutand the consumer may always invoke, in the event of conflicting general conditions, the applicable provision which is most favourable to him.
5. If one or more provisions in these terms and conditions are partially or partially null and void or destroyed at any time, the agreement and those conditions shall be maintained for the rest and the relevant provision shall be replaced without delay by a provision which approximates the scope of the original as far as possible.
6. Situations not included in these terms and conditions should be assessed ‘in the spirit’ of these general conditions.
7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained ‘in the spirit’ of these terms and conditions.

Article 4 – The offer
1. If an offer has a limited period of validity or is made under conditions, this shall be explicitly indicated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
3. The offer shall contain a full and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, they are a true-to-life representation of the products and/or services offered. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.
4. All images, specifications details in the offer are indicative and may not lead to compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer shall contain information in such a way that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This concerns in the
Particular:
• the price including taxes;
• any cost of shipping;
• the way in which the agreement will be established and what acts are necessary;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and implementation of the agreement;
• the time limit for acceptance of the offer or the time limit within which the entrepreneur guarantees the price;
• the level of the distance communication rate if the cost of using the remote communication technique is calculated on a basis other than the regular basic rate for the means of communication used;
• whether the agreement is archived after its creation, and if so how it can be consulted for the consumer;
• the way in which the consumer can check and recover the information provided by him under the Agreement before the conclusion of the agreement;
• any other languages in which, in addition to Dutch, the agreement may be concluded;
• the codes of conduct to which the entrepreneur has subjected himself and the way in which consumers can consult these codes of conduct by electronic means; And
• the minimum duration of the distance agreement in the event of an endurance transaction.
• available sizes, colours, type of materials.

Article 5 – The agreement
1. The Agreement shall, subject to paragraph 4, be established at the time of acceptance by the consumer of the offer and the fulfilment of the conditions laid down therein.
2. If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately electronically confirm receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to ensure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate safety measures to do so.
4. The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his obligations, as well as all those facts and factors relevant to the responsible entry into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or application or to commit special conditions to the execution.
5. The trader shall send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a sustainable data carrier, for euren:
A. the visiting address of the establishment of the entrepreneur where the consumer can contact complaints;
b. the conditions under which and the way in which the consumer may exercise right of withdrawal or a clear notification of the right of withdrawal;
c. the information on warranties and existing after-purchase service;
d. the information contained in Article 4(3) of these terms and conditions, unless the economic operator has already provided this information to the consumer before the performance of the contract;
e. the requirements for termination of the agreement if the contract is a duration of more than one year or of indefinite duration.
6. In the case of an endurance transaction, the provision in the previous paragraph shall apply only to the first delivery.
7. Any agreement shall be entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal
When supplying products:
1. When purchasing products, the consumer has the option to terminate the contract for 14 days without giving reasons. This period of reflection shall be discussed on the day after receipt of the product by the consumer or a representative previously appointed by the consumer and published to the entrepreneur.
2. During the cooling-off period, the consumer will be careful with the product and packaging. It will only extract or use the product to that extent necessary to assess whether it wishes to retain the product. If he uses his right of withdrawal, he will return the product with all the accessories supplied and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions.
3. Where the consumer wishes to exercise his right of withdrawal, he shall be obliged to make this known to the entrepreneur within 14 days of receipt of the product. Making it known, the consumer must make it through the model form. After the consumer has made known that they wish to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the items delivered have been returned in good time, for example by means of proof of dispatch.
4. If, at the end of the time limits referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase shall be a fact.
In the case of provision of services:
5. In the case of services, the consumer shall have the option of decomposing the contract for at least 14 days without giving reasons, starting on the day of entering into the contract.
6. In order to exercise his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the operator in the supply and/or appearance at the latest in the delivery in this respect.

Article 7 – Costs in case of withdrawal
1. If the consumer uses his right of withdrawal, the costs of return shall not exceed the cost of return.
2. If the consumer has paid an amount, the entrepreneur will repay this amount as soon as possible, but not later than 14 days after withdrawal. However, it is provided that the product has already been received back by the merchant or conclusive proof of complete return can be consulted. Repayment will be made through the same payment method used by the consumer unless the consumer expressly consents to a different payment method.
3. In the event of damage to the product due to careless handling by the consumer himself, the consumer shall be liable for any depreciation of the product.
4. The consumer cannot be held liable for the depreciation of the product if the trader has not provided all legally required information on the right of withdrawal, this should be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of right of withdrawal
1. The trader may exclude the consumer’s right of withdrawal for products as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal shall apply only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
A. established by the entrepreneur in accordance with consumer specifications;
b. which are clearly personal in nature;
c. which cannot be returned by their nature;
d. which can quickly spoil or age;
e. the price of which is bound by fluctuations in the financial market on which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software whose consumer has broken the seal.
H. for hygienic products whose consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
A. on accommodation, transport, restaurant or leisure activities on a specific date or during a certain period of time;
b. the supply of which began with the express consent of the consumer before the reflection period has expired;
c. regarding betting and lotteries.

Article 9 – The price
1. During the period of validity indicated in the offer, the prices of the products offered and/or services shall not be increased, subject to price changes resulting from changes in VAT rates.
2. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and which the entrepreneur has no influence on with variable prices. This commitment to fluctuations and the fact that any prices listed are target prices are indicated by the offer.
3. Price increases within 3 months of the conclusion of the agreement shall be authorised only if they are the result of legislation or provisions.
4. Price increases from 3 months after the conclusion of the contract shall be permitted only if the entrepreneur has negotiated it and:
A. resulting from legal arrangements or provisions; Or
b. the consumer has the power to terminate the agreement from the day on which the price increase starts.
5. The prices listed in the range of products or services shall include VAT.
6. All prices are subject to pressure – and sputting errors. No liability is accepted for the consequences of pressure – and typographical errors. In case of printing – and printing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty
1. The entrepreneur shall ensure that the products and/or services comply with the contract, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or public regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer shall not affect the legal rights and claims which the consumer may assert against the entrepreneur under the contract.
3. Any defects or misdelivered products shall be notified in writing to the entrepreneur within 4 weeks of delivery to the entrepreneur. Return of the products must be made in the original packaging and in new condition.
4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final 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 guarantee shall not apply if:
• The consumer has repaired and/or processed the products delivered himself or had it repaired and/or edited by third parties;
• The products delivered have been exposed to abnormal conditions or otherwise treated carelessly or are contrary to the indications of the trader and/or have been treated on the packaging;
• The fault of all or part is the result of regulations made or will be laid down by the public authorities as regards the nature or quality of the materials applied.

Article 11 – Delivery and execution
1. The entrepreneur shall take the utmost care when receiving and executing orders of products and in assessing requests for service.
2. The place of delivery shall be the address which the consumer has made known to the holding.
3. Taking into account what is mentioned in paragraph 4 of this Article, the company shall carry out accepted orders with competent urgency but not later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or is only partially executed, the consumer will receive this notice no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract at no cost. The consumer is not entitled to compensation.
4. All delivery periods are indicative. Any time limits mentioned cannot derive the consumer from any rights. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this Article, the trader shall repay the amount paid by the consumer as soon as possible, but not later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. At the latest in delivery, it will be clearly and understandably reported that a replacement article will be delivered. In the case of replacement articles, the right of withdrawal cannot be ruled out. The costs of a possible return shipment are borne by the entrepreneur.
7. The risk of damage and/or disappearance of products rests with the entrepreneur until the time of delivery to the consumer or a pre-appointed representative and disclosed to the entrepreneur, unless expressly otherwise agreed.

Article 12 – Duration transactions: duration, termination and renewal
Termination
1. The consumer may terminate an indefinite contract and which extends to the regular delivery of products (including electricity) or services, at any time in accordance with agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term contract and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified period, taking into account the agreed termination rules and a notice period not exceeding one month.
3. The consumer may use the agreements referred to in the previous paragraphs:
• cancel at all times and not be limited to termination at a given time or during a certain period;
• at least cancel in the same way as they have been contracted by him;
• always cancel with the same notice period as the entrepreneur has negotiated for himself.
Extension
4. An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services shall not be tacitly renewed or renewed for a specified period.
4. By way of derogation from the previous paragraph, an agreement entered into for a fixed period and which extends regularly to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a maximum period of three months if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
5. An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be tacitly renewed indefinitely if the consumer is allowed to cancel at any time with a notice period of not more than one month and a notice period of not more than three months in case the contract extends to the regular, but less than once per month , delivery of daily, news and weekly magazines and magazines.
6. An agreement with limited duration to the regular delivery of daily, news and weekly magazines and magazines (proof or introductory subscription) shall not be tacitly continued and automatically ends after the end of the trial or introductory period.
Duration
7. If an agreement has a duration of more than one year, the consumer may terminate the contract at any time with a notice period of not more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment
1. To the extent that no other agreement has been agreed, the amounts due by the consumer shall be met within 7 working days of entering the period of reference referred to in Article 6(1). In the event of an agreement to provide a service, this period shall be set after the consumer has received confirmation of the contract.
2. The consumer has a duty to immediately report inaccuracies in payment information provided or mentioned to the entrepreneur.
3. In the event of a consumer default, the trader shall, subject to legal restrictions, have the right to charge the reasonable costs incurred in advance to the consumer.

Article 14 – Complaint scheme
1. The entrepreneur shall have a sufficiently published complaints procedure and shall deal with the complaint in accordance with this complaints procedure.
2. Complaints concerning the implementation of the agreement must be submitted in full and clearly to the entrepreneur within 7 days, after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall reply within the 14-day period with a receipt notice and an indication when the consumer can expect a more comprehensive answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute which is open to the dispute settlement shall arise.
5. In case of complaints, a consumer should first of all turn to the entrepreneur. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
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 justified by the entrepreneur, the entrepreneur will, by his choice or the products delivered, replace or repair the products delivered free of charge.

Article 15 – Disputes
1. Agreements between the entrepreneur and the consumer covered by these terms and conditions shall apply only To Dutch law. Even if the consumer is resident abroad.
2. The Weens Purchase Convention shall not apply.

Article 16 – Additional or different provisions
Additional or derogating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be accessible by the consumer. stored on a durable data carrier.

Revocation Model Form
(fill out and return this form only if you wish to revoke the agreement)

— To
Studio Young
Concourslaan 5
9285SG Outpost
info@studiojong.com
06-27131646

— I/We (*) part/share (*) you hereby inform you that I/we (*) recall/revoke our agreement on the sale of the following goods/delivery of the following service (*) (*):

— Ordered on (DD-MM-YYYY): — Order number:

— Received on (DD-MM-YYYY):

— Name/Consumer(s) names

— Consumer’s address:

— IBAN Account Number:

— Consumer(s) signature (only when this form is submitted on paper)

— Date(DD-MM-YYYY):

(*) Go through what doesn’t apply.