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Terms and Conditions

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Table of Contents:

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 – The price
Article 9 – Conformity and warranty
Article 10 – Delivery and execution
Article 11 – Payment
Article 12 – Complaints procedure
Article 13 – Disputes
Article 14 – Additional or different provisions

Article 1 | Definitions
In these terms and conditions, the following definitions apply:

  1. Reflection period: the period within which the consumer can make use of their right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of their profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
  7. Model form: the model withdrawal form that the entrepreneur provides that a consumer can fill in when they wish to exercise their right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  10. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time.
  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.


Article 2 | Identity of the entrepreneur
Funky Studio
Schubertweg 21, 3906BD Veenendaal
0653511796
E-mail: contact@funkystudio.nl
Your Chamber of Commerce number: 89076842
Your VAT identification number: NL 153769373B01

Article 3 | Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders established between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur’s premises and they will be sent free of charge to the consumer as soon as possible at the consumer’s request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer, at their request, by electronic means or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is most favorable to them.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions will remain in force for the rest, and the provision in question will be immediately replaced in mutual consultation by a provision that approximates the purport of the original as closely as possible.
  6. Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
  7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.


Article 4 | The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. 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.
  4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
  5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in
    particular:

    • The price including taxes;
    • Any shipping costs;
    • The manner in which the agreement will be concluded and which actions are required for this;
    • Whether or not the right of withdrawal applies;
    • The method of payment, delivery, and execution of the agreement;
    • The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • The rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
    • whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
    • The way in which the consumer, before concluding the agreement, can check and if desired correct the information provided by him within the framework of the agreement;
    • Any languages other than Dutch in which, in addition to Dutch, the agreement can be concluded;
    • The codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
    • The minimum duration of the distance agreement in the case of an extended transaction.


Article 5 | The agreement

  1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. Within legal boundaries, the entrepreneur can ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into a distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with motivation or to attach special conditions to the execution.
  5. The entrepreneur will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, along with the product or service:
  6. The visiting address of the entrepreneur’s establishment where the consumer can address complaints;
  7. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. The information about guarantees and existing after-sales service;
  9. The information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  10. The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  11. In case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
  12. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.


Article 6 | Right of Withdrawal

For delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after the consumer receives the product or a representative previously designated by the consumer and made known to the entrepreneur. For workshops, this is at least 7 days before the start date.
  2. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known using the model form or through another means of communication such as email. After the consumer has expressed his wish to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
  4. If the customer has not made it known that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.


Article 7 | Costs in Case of Withdrawal

  1. If the consumer exercises his right of withdrawal, the costs of return shipment will be borne by him at most.
  2. 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. The condition is that the product has already been received back by the webshop owner or conclusive proof of complete return can be provided. Refunds will be made using the same payment method used by the consumer unless the consumer explicitly gives permission for a different payment method.
  3. In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
  4. The consumer cannot be held liable for depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.


Article 8 | The Price

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
  5. they are the result of statutory regulations or provisions; or
  6. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
  7. The prices stated in the offer of products or services include VAT.
  8. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.


Article 9 | Conformity and Warranty

  1. The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
  2. A warranty provided by the entrepreneur does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
  3. Any defects or incorrectly delivered products should be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be made in the original packaging and in new condition.
  4. The warranty does not apply if the delivered products have been exposed to abnormal circumstances or otherwise carelessly handled or are in conflict with the instructions of the entrepreneur and/or on the packaging.


Article 10 | Delivery and Execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products.
  2. The delivery address shall be the address that the consumer has communicated to the company.
  3. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned terms. Exceeding a term does not entitle the consumer to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.


Article 11 | Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1.
  2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.


Article 12 | Complaints Procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months, after the consumer has detected the defects.
  3. 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 the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution.
  5. In case of complaints, a consumer should first approach the entrepreneur. It is also possible to register 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, at its discretion, either replace or repair the delivered products free of charge.


Article 13 | Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer lives abroad.
  2. The Vienna Sales Convention does not apply.


Article 14 | Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and 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.


Appendix 1 | Model Form for Withdrawal

(only complete and return this form if you wish to withdraw from the agreement)

To
Funky studio
Schubertweg 21
3906BD Veenendaal
contact@funkystudio.nl
06 53511796

I/We (*) hereby give notice that I/we (*) withdraw from our agreement concerning the sale of the following goods/provision of the following service (*):

Ordered on (DD-MM-YYYY):

Order number:

Received on (DD-MM-YYYY):

Name(s) of consumer(s):

Address of consumer(s):

IBAN Account number:

Signature of consumer(s) (only when this form is submitted on paper):

Date (DD-MM-YYYY):

(*) Delete as appropriate.

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