General terms and conditions
Article 1 | Definitions
1. KESHI studio is part of Marieke Duijst Creatief Ontwerp, established in Apeldoorn, Chamber of Commerce number 52842614, is referred to in these general terms and conditions as the provider.
2. The other party is referred to in these general terms and conditions as the buyer.
3. The agreement refers to the assignment agreement on the basis of which the provider performs work for the buyer in return for payment of a fee and costs and to which the general terms and conditions have been declared applicable.
Article 2 | Applicability of general terms and conditions
1. These conditions apply to the offer, agreements and delivery of goods by or on behalf of the provider to which it has declared these conditions applicable, insofar as these conditions have not been expressly deviated from in writing.
2. The most recently sent version of these general terms and conditions always applies.
3. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remaining provisions in these general terms and conditions shall remain fully applicable.
Article 3 | Offer
1. If the offer has a limited period of validity or is made under certain conditions, this will be explicitly stated.
2. Images of products are as true a representation as possible of the products offered. However, products can always contain small deviations due to, among other things, deviations in the materials such as natural stones or other materials of natural origin.
3. The supplier cannot be held to its offer if the buyer could reasonably understand that the offer, or a part thereof, contains an obvious mistake or error.
Article 4 | Agreement
1. The agreement is concluded at the moment that the buyer has accepted the offer and meets the conditions set.
2. The supplier confirms acceptance of the offer by an order confirmation via e-mail. Until acceptance is confirmed by the supplier, the buyer has the right to terminate the agreement.
3. Provider ensures a secure web environment and takes appropriate measures for electronic payment. Buyer data will be secured with technical and organizational measures.
4. The provider may investigate within legal frameworks whether the buyer can meet his payment obligation. If the provider, based on this investigation, sees reason not to enter into the agreement, he has the right to refuse an order or to attach special conditions to the execution of the agreement.
5. Ownership of goods delivered by the supplier will pass to the buyer when payment has been completed in full.
Article 5 | Rates and payments
1. The prices stated in the offer include VAT and exclude shipping costs.
2. The prices of the products offered stated in the offer will not be increased, except for price changes due to changed VAT rates, unless the prices of the products are subject to fluctuations in the financial market over which the provider has no influence.
3. At the moment that an offer has been accepted by the buyer and the general terms and conditions have been accepted, the buyer has a payment obligation.
4. If the buyer fails to pay the amount due on time, he will be in default by operation of law and will owe statutory interest. The interest on the amount due will be calculated from the moment the buyer is in default until the moment of payment of the full amount due.
5. If the buyer is in default or in breach of his obligations, all reasonable costs incurred in obtaining satisfaction out of court shall be borne by the buyer.
6. In the event of liquidation, bankruptcy, attachment or suspension of payments of the buyer, the claims of the supplier on the buyer are immediately due and payable.
Article 6 | Provision of information to the buyer
1. Buyer shall provide all information, including shipping information, that is relevant to the performance of the agreement to the provider in a timely manner.
2. The Buyer is responsible for the accuracy, completeness and reliability of the data provided, even if it originates from third parties.
3. The buyer shall indemnify the supplier against any damage resulting from failure to comply with the provisions of the first and second paragraphs of this article.
4. Provider will treat all personal data confidentially and will not provide it to third parties for other purposes in any way.
Article 7 | Right of withdrawal
1. The buyer has a cooling-off period of 14 calendar days to dissolve the agreement. The supplier has the right to ask the buyer for the reason for withdrawal, but the buyer is not obliged to give a reason.
2. The cooling-off period in the previous paragraph commences on the day after the buyer has purchased the product.
3. Custom-made jewelry and earrings are exempt from the right of withdrawal due to production and hygiene. These products cannot be returned.
Article 8 | Obligations of buyer and supplier in case of withdrawal
1. The buyer must handle the product and packaging with care during the cooling-off period. The product may only be inspected as would normally be permitted in a store.
2. Any decrease in value of the product due to handling contrary to that stated in paragraph 1 shall be borne by the buyer.
3. The supplier is entitled to request a photo of the product in case of complaints, before the product is returned.
4. After receiving the notification of revocation, the provider will send a confirmation of receipt to the buyer.
5. The supplier will reimburse the buyer's payments within 14 days after the buyer has notified the cancellation.
Article 9 | Exercise of right of withdrawal
1. The buyer notifies the supplier in writing and within the cooling-off period that he is exercising his right of withdrawal, by sending an e-mail to mail@keshistudio.nl stating all the details as stated in the order.
2. Within 14 days after the notification as mentioned in paragraph 1 of this article, the buyer shall return the product, reasonably possible in its original condition and packaging.
3. The burden of proof for correct and timely exercise of the right of withdrawal lies with the buyer.
4. The costs of returning the product are borne by the buyer.
5. If only part of the order is returned, the buyer is not entitled to a refund of the original shipping costs.
Article 10 | Delivery and shipping
1. The shipping address is the address provided by the buyer. The provider is not liable for errors in the provision of this delivery information.
2. The supplier is only obliged to deliver in the delivery areas specified by it, namely Europe.
3. Supplier will ship accepted orders within max. 2 working days, unless a longer term has been agreed or the product is out of stock.
4. If delivery is delayed, the buyer will be notified as soon as possible. If delivery takes longer than 30 calendar days, the buyer has the right to terminate the agreement without costs. The provider will refund the amount paid by the buyer within 14 calendar days after termination.
Article 11 | Liability for damages
1. Provider is not liable for any damage resulting from this agreement, unless the damage was caused intentionally or through gross negligence.
2. The provider is not liable for damage caused by the provider relying on incorrect or incomplete information provided by or on behalf of the buyer.
3. The supplier is not liable for any allergic reactions that may occur in the buyer.
4. The provider is not liable for the breakage/loss of jewelry if it is not handled with care.
5. In the event that the provider is liable to pay damages to the buyer, the damages will not exceed the amount invoiced by the provider to the buyer.
6. The buyer indemnifies the supplier against all claims from third parties relating to the products supplied by the supplier.
Article 12 | Intellectual property and copyrights
1. The intellectual property rights to the KESHI studio brand, as well as the trade name, design, product designs, photo/video material and images of the provider are vested in the provider and may not be used or reproduced without permission.
2. Any action contrary to the provisions of paragraph 1 of this Article constitutes an infringement of copyright.
3. In the event of infringement, the provider is entitled to compensation of at least three times the license fee normally charged by the provider for such a form of use, without losing any right to compensation for other damages suffered.
Article 13 | Offers and promotions
1. Provider may offer offers and promotions. When the term of the offer or promotion has expired, provider is no longer obliged to adhere to the conditions applicable to the promotion.
2. Offered discounts are only applicable when payment is made within the set term. The provider determines at all times whether the discount has been applied correctly. In case of incorrect application, the provider reserves the right to cancel the order.
Article 14 | Complaints and warranty
1. The buyer is obliged to notify the supplier of any complaints about invoices and/or the delivered products within 14 calendar days after the complaint has arisen.
2. The buyer has a 3-month warranty on production errors on delivered items, provided that these are not perishable goods or can be used for personal care.
3. The warranty period mentioned in paragraph 2 of this article only applies if the articles are used correctly. Incorrect use by the buyer that results in discoloration due to, among other things, acidity of the skin, moisture in any form and use of perfume is not covered by the warranty period. Other product errors are at all times at the discretion of the provider.
4. The provider is entitled to request photos of the products to which the complaint relates in order to assess the complaint.
5. In very exceptional cases, the provider has the right to adjust the warranty period without giving any reason.
Article 15 | Dispute resolution
1. These general terms and conditions are governed by Dutch law.
2. Parties shall only appeal to the court after they have made every effort to settle a dispute by mutual agreement.
3. All disputes will be settled by the competent court in the district in which the provider is established.
4. Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against the provider and third parties involved is 12 months.