Terms and Conditions
Studio address: Koningsweg 22, 3762 EC Soest, The Netherlands
Email address: email@example.com
Chamber of Commerce number: 78260647
VAT identification number: NL861322058B01
The following definitions apply in these terms and conditions:
- Withdrawal period: the period within which a consumer can make use of their right of withdrawal;
- Customer: any legal entity or natural person whose actions are carried out for objectives relating to the course of a trade, a profession or a business;
- Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
- Day: calendar day;
- Right of withdrawal: the possibility for a consumer to waive a distance agreement within the withdrawal period;
- Distance agreement: an agreement concluded between Enkel Art Studio and a consumer and/or customer within the framework of system organized for the distance sale of products, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the agreement is concluded; and
- Online form for right of withdrawal: the form for right of withdrawal, as can be requested by sending an email to firstname.lastname@example.org.
Article 1 - General
These general terms and conditions apply to every offer made by Enkel Art Studio and to every (distance) agreement that has been realized between Enkel Art Studio and a consumer and/or customer. The text of these general terms and conditions will be available at all times on the Enkel Art Studio website. When you order an item, you agree to these terms. Please read these terms and conditions carefully before placing an order. If you have any questions about the terms, please contact Enkel Art Studio at email@example.com.
- The offer contains a complete and accurate description of the products being offered. The description is sufficiently detailed to enable the consumer and/or customer to make a proper assessment of the offer.
- If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
- Every offer contains information that makes it clear to the consumer and/or customer what rights and obligations are related to the acceptance of the offer.
- If Enkel Art Studio uses illustrations, these will be a true representation of the products being offered.
- Enkel Art Studio is not bound by obvious errors or mistakes in the offer.
- When a consumer and/or customer accepts the offer, and the conditions stipulated have been fulfilled, an agreement between Enkel Art Studio and the consumer and/or customer has been concluded.
- If the consumer and/or customer accepted the offer electronically, Enkel Art Studio will immediately confirm receipt of acceptance of the offer electronically. The consumer and/or customer can dissolve the agreement as long as Enkel Art Studio has not confirmed this acceptance.
- Enkel Art Studio may obtain information about the consumer and/or customer’s ability to fulfill their payment obligations. If that research gives Enkel Art Studio proper grounds for declining to conclude the agreement, then it has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
- Enkel Art Studio will send to a consumer, at the latest when delivering a product, the following information:
- the office address of the Enkel Art Studio business location where the consumer can lodge complaints;
- the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to exclusion from the right of withdrawal; and
- the price, including all taxes on the product; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance agreement.
The images and specifications on the website are indicative. All products are handmade and therefore may vary slightly. If a product does not meet expectations, a consumer and/or customer can return the item (see Article 7), but it cannot be a reason to state any claim.
Article 5 - Right of withdrawal
- When purchasing products, a consumer has the right to dissolve an agreement, without giving reasons, during a period of 14 days (starting on the day after the product was received by the consumer).
- Enkel Art Studio is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state their reason(s).
- Excluded from the right of withdrawal are: products made according to the consumers and/or customers specifications, which are not premade and which are made on the basis of an individual choice or decision by the consumer or customer.
During the withdrawal period, the consumer and/or customer shall treat the product and its packaging with care and only unpack or use the product as far as necessary in order to assess the nature, characteristics and efficacy of the product.
Article 7 - Consumers who exercise their right of withdrawal and the costs involved
- A consumer who wants to exercise their right of withdrawal shall report this to Enkel Art Studio within the withdrawal period.
- As quickly as possible, but no later than 14 days after the day of reporting of their right of withdrawal, the consumer shall return the product to Enkel Art Studio.
- The product shall be returned with all relevant accessories, in the original state and, if reasonably possible, in the original packaging, and in accordance with the reasonable and clear instructions provided by Enkel Art Studio.
- Should a consumer want to withdraw from the agreement, they should contact Enkel Art Studio at firstname.lastname@example.org. Enkel Art Studio will provide the consumer with a link to a form for right of withdrawal that should only be completed and returned if the consumer wants to exercise their right of withdrawal.
- The consumer and/or customer bears the direct costs and risks of returning the product, unless otherwise agreed in writing.
- If Enkel Art Studio makes it possible for a consumer to declare their withdrawal via electronic means, then after receiving such a declaration, it sends immediate confirmation of receipt.
- Enkel Art Studio reimburses the consumer immediately with all payments, including any delivery costs it charged for the returned product, within 14 days after the day on which the consumer reported the withdrawal and Enkel Art Studio received the returned product.
- During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
- Contrary to article 9.1 of these terms and conditions, Enkel Art Studio may offer products at variable prices, in cases where these prices are subject to fluctuations in the financial market over which Enkel Art Studio has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
- Prices stated in offers of products or services include VAT.
- Enkel Art Studio will take the greatest possible care when receiving and implementing orders for products.
- The place of delivery is deemed to be the address that the consumer and/or customer makes known to Enkel Art Studio.
- Taking into consideration that which is stated in article 2 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer and/or customer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the agreement free of charge and a right to possible damages.
- Following dissolution in accordance with the previous paragraph, Enkel Art Studio refunds the consumer immediately the sum they had paid.
- The risk of damage and/or loss of products rests upon Enkel Art Studio up to the moment of delivery to the consumer and/or customer or a representative previously designated by the consumer and announced to Enkel Art Studio, unless this has explicitly been agreed otherwise.
- Unless otherwise agreed, the consumer and/or customer should pay for the product within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the agreement.
- The consumer and/or customer is obliged to report immediately to Enkel Art Studio any inaccuracies in payment data provided or stated.
- If a consumer and/or customer fails to fulfill their payment obligation(s) in good time, after Enkel Art Studio has informed the consumer and/or customer about the late payment, the consumer and/or customer is allowed 14 days in which to fulfill the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and Enkel Art Studio has the right to charge reasonable extrajudicial costs of collection he has incurred.
- Enkel Art Studio provides for a complaints procedure and will deal with a complaint in accordance with this procedure, set out in paragraph 2 below.
- A consumer and/or customer who has discovered shortcomings in the implementation of the agreement must submit any complaints to Enkel Art Studio without delay, in full and with clear descriptions, via email: email@example.com.
All photos and images used by Enkel Art Studio are copyrighted. These photographs and images may not be reproduced and used in public without the written permission of Enkel Art Studio.
Article 15 – Disputes
Agreements entered into between Enkel Art Studio and a consumer and/or a customer are subject to these general terms and conditions, and are subject only to Dutch law.
Article 16 - Additional or different stipulations
- Additional stipulations, or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing.
- The most current version of these terms and conditions can be viewed at any time on this page. Enkel Art Studio reserves the right, at their sole discretion, to update, change or replace any part of these terms and conditions by posting updates and changes to our website.
- These terms and conditions were last updated on 16 February 2023.