terms and conditions

Article 1
Definitions
In these Conditions/Terms the following definitions are applicable
:
Consideration time: the term during which the consumer can execute the
right of
withdrawal.
Consumer: the natural person not dealing on behalf of a company or pro
fession and
who comes to a distance agreement with the entrepreneur.
Day: calendar day
A length transaction: a distance agreement related to a series of produ
cts and
services of which the delivery obligation and the purchasing are spre
ad over a period
of time.
Durable Medium: any instrument which enables the recipient or the entrep
reneur to
store information addressed personally to them in a way accessible to future
reference for a period of time adequate to the purpose of the infor
mation and which
al
lows the unchanged reproduction of the information stored.
Right of Withdrawal: the possibility for the consumer to terminate the d
istance
agreement within the consideration term.
Entrepreneur: the natural person or corporation who offers distance p
roducts to
consumers.
Distance Agreement: an agreement based on a corporate organized system o
f
distance sales of products and services including the closing of an ag
reement using
one or more techniques of distant communication.
Technique of distant Communication: a means that can be used to close an
agreement without the consumer and the entrepreneur have gather
ed together in the
same place and at the same time.
Article 2- Corporate Identity/Entrepreneur
Name: Studio Nina Sajet
Address: Nijverheidsweg 43, 5731 HZ Mierlo
Phone: +31 (0)6 46796217
Mailaddress: info@ninasajet.nl
KvK-nummer:
51229498
VAT number: NL199126136B01
If the activity of the entrepreneur is submitted to a relevant licensi
ng system: the
data of the supervisory authority.
If the entrepreneur pursues a regulated profession:
The professional association of which the entrepreneur is a membe
r:
The
profession, the location in the EU or in the European Economic space w
here this
profession has been assigned:
A reference to the professional rules which apply in
the Netherlands and instructions where and how accessible these professiona
l rules
are.
Article 3- Relevance
These general conditions/terms apply to any offer of the entrepreneu
r and to every
finalized distance agreement between entrepreneur and consumer.
Before the
distance agreement is concluded, the text of the general conditions/term
s is being
made available to the consumer. If this is reasonably not possible
that before the
distance agreement is concluded, it will be indicated that the general
conditions/terms can be seen at the entrepreneur and on request of the consu
mer
these general conditions/terms shall be sent to the consumer as soon as possi
ble
without extra costs.
If the distance agreement is concluded electronically,
notwithstanding the previous article and before the distance agre
ement is concluded,
the text of the general conditions/terms can be made available electro
nically to the
consumer in such a way that the text can be saved in a simple way on a du
rable
medium. If this is reasonably not possible that before the distance agr
eement is
concluded it will be indicated where the consumer can find the genera
l
conditions/terms electronically and that these conditions/terms at the consum
er
s
request will be sent electronically or otherwise to the consumer without
extra cost.
For the case that besides these general conditions/terms, specific produ
ct and
service conditions are also applicable, the second and third artic
le are mutatis and in
case of conflicting conditions/terms the consumer can appeal on the releva
nt
conditions/terms which are the most favorable for the consumer.
Article 4- Offer
If an offer has a limited validity or has other specifications, this will be emph
atically
mentio
ned.
The offer contains a complete and accurate description of the offered
products and services. The description is sufficiently detailed to enable
a proper
consumer
s assessment of the products/services. The images used by the
entrepreneur are true representations of the products and service
s. Obvious
mistakes and errors do not bind the entrepreneur.
Each offer contains such
information that it is clear for the consumer which rights and obligations a
re related to
the offer when it is accepted by the consumer. This concerns in particular:
price
inclusive taxes, price excluding taxes with export from The Netherla
nds
costs of
delivery
the manner in which the agreement has been concluded and the necess
ary
signatures
whether to apply the right of withdrawal
the method of payment, delivery
and performance of the contract
the deadline for accepting the offer or the period
within which the entrepreneur guarantees the price
the level of the rate for distance
communication if the costs for the usage of the technology for distance
communication are calculated on another ground than the regular fare
for
communication
if the agreement after the conclusion is archived and if so how t
o
consult it for the consumer
the manner in which the consumer, before concluding the
agreement, can check and if necessary also restore the information pro
vided by hem
under the agreement
any other languages, including Dutch, for the agreement
the
codes of conduct to which the entrepreneur is subject and the manner
in which the
consumer can consult electronically the codes of conduct; and
the minimum duration
of the distance agreement in the event of a length transaction.
Article 5- The Agreement
The agreement is finalized, subject to the provisions in paragrap
h 4, at the moment
the consumer accepts the offer and meets the conditions.
If the consumer has
accepted electronically the offer, the entrepreneur immediately confi
rms electronically
that he has received the acceptance of the offer. As long as the entrepreneu
r has not
confirmed the acceptance, the consumer can terminate the agreement.
If the
agreement is concluded electronically, the entrepreneur will take app
ropriate
technical and organizational measures to protect the electronic data t
ransfer and that
he will ensure a safe web environment. If the consumer can pay electronica
lly, the
entrepreneur will observe the necessary security measures.
The entrepreneur can
notify or check, within the legal framework, if the consumer can meet the p
ayment
obligations, and also check all important facts and factors which are neede
d to
finalize a sound distance agreement. If the entrepreneur based on re
search, has
good reasons not to conclude the agreement then he is entitled to motiva
te and to
refuse an order/ request or he can connect special conditions to the exe
cution of the
offer.
The entrepreneur shall send the following information with the products or
services, written or in such a manner that the consumer can store in an
accessible
way the data on a durable medium:
a. The address of the company for the consumer
to file complaints
b. The conditions and the way how the consumer can execute the
right of withdrawal and a clear indication related to the exclusion
of the right of
withdrawal.
c. Information about after sales guarantees and services
d. Article 4
paragraph 3 unless the entrepreneur has already sent this information
before the
execution of the agreement.
Article 6- Right of Withdrawal
Deliverance of products:
After purchasing products the consumer has the possibility
to disband the agreement without giving reasons during 14 days. Th
e cooling off
period starts on the day after the consumer receives the product or a p
re-designated
representative by the consumer made known to the entrepreneur.
During the cooling
off period the consumer shall treat the product and the package caref
ully. He shall
unpack or use the product only to that extent to as far as it is necessary to
judge if he
wishes to keep the product. If he does want to execute the right of withdr
awal, he
shall return the product with all accessories and -if reasonably poss
ible- in the
original conditioning and packaging to the entrepreneur, in accordan
ce with the
provided reasonable and clear instructions of the entrepreneur.
Deliverance of
Services:
After the deliverance of services the consumer has the possibility to
disband the agreement without giving reasons during at least 14 days,
commencing
on the day of the entering into the agreement.
In order to execute the right of
withdrawal, the consumer must abide by the reasonable and clear in
structions
provided by the entrepreneur at the offer or finally at the deliver
ance of the service.
Article 7- Withdrawal Costs
If the consumer executes the right of withdrawal, he will have to pay no m
ore than
the costs of returning the product. For foreign (other than The Neth
erlands) returns
the price of the product will be refunded without the payed shipping costs.
If the
consumer has made a payment, the entrepreneur shall pay back this amount
as
soon as possible but no later than within 14 days after the repeal or after
the return
shipment.
Article 8- Exclusion Right of Withdrawal
The entrepreneur can exclude the right of withdrawal of the consu
mer for as far as
foreseen in paragraph 2 and 3. The exclusion of the right of withdr
awal applies only if
the entrepreneur has clearly mentioned this at least in time befor
e the conclusion of
the agreement.
Exclusion of the right of withdrawal is only possible for the following
products:
a. Which are established by the entrepreneur according to specificat
ions of the
consumer
b. That they are clearly personal in nature
c. Which cannot be returned because of their nature
d. That can spoil or age quickly
e. Whose price is bound to fluctuation on the financial market w
hich the
entrepreneur has no influence
Article 9- Pricing
During the validity period mentioned in the offer, the prices of the offered
products
and services shall not be raised save for price changes due to changing
VAT rates.
Notwithstanding the previous paragraph the entrepreneur can offer p
roducts and
services with variable prices when these prices are subject to fluctuation
s on the
financial market and where the entrepreneur has no influence. This
bondage to
fluctuations and the fact that the mentioned prices are target prices will
be mentioned
with the offer.
Price increases within 3 months after the conclusion of the agreement
are only permitted only if they are the result of legal regulations or pr
ovisions.
Price
increases from 3 months after the conclusion of the agreement only
if the
entrepreneur has stipulated this and:
a. These are the result of legal regulations or
provisions; or
b. The consumer has the competence to terminate the agreement
from the day the price increase takes effect.
The in the offer mentioned prices
include VAT.
Article 10- Conformity and Guarantees
The entrepreneur ensures that the products and services measure up to
the
agreement, ensures the in the offer mentioned specifications, ensur
es reasonable
requirements, soundness and or usefulness and ensures on the date of the
establishment the existing legal provisions and/or government r
egulations. If agreed
the entrepreneur also ensures that the product is suitable for other
than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer
does nothing to
alter the rights and claims which the consumer under the agreem
ent can put forward
against the entrepreneur.
Article 11- Delivery and Execution
The entrepreneur shall observe in utmost care the reception and exe
cution of orders
of products and when assessing applications for services.
The address that has
been made known by the consumer to the entrepreneur is considered
to be the
delivery place.
Taking into account what is stated in article 4 of the general
conditions/terms , the entrepreneur shall execute the accepted orders exp
editiously
but not later than within 30 days unless a longer period has been ag
reed. If the
delivery is delayed or if a delivery cannot or partially be executed, the
consumer is
notified about this no later than 30 days after he placed the order. In t
hat case the
consumer has the right to terminate the agreement without any furth
er cost and he is
entitled to compensation.
In the event of termination in accordance with the previous
paragraph the entrepreneur shall pay back the amount that the consum
er has paid
as soon as possible but no later than 30 days after the terminatio
n.
The risk of damage and/or loss of products rest with the entrepreneur unt
il the
moment of delivery at the consumer or a pre-designated and an anno
unced
representative to the entrepreneur, unless otherwise expressly agree
d. If you receive
a damaged product, you should report this by email within three days.
You can send
this email to: [vul hier uw e-mailadres in]
Article-12 Payments
Unless otherwise agreed, the amounts due have to be met by the consumer
within 7
days after entering the cooling off period referred to article 6, par
agraph 1.
When
selling products to consumers, a prepayment of more than 50% must never
be
stipulated in the general terms and conditions. When a prepayment
has been
stipulated the consumer cannot assert any rights regarding the executio
n of the
relevant order or service(s) before the stipulated payment has been
made.
The
consumer has the duty to notify the entrepreneur about inaccuracies in
the payment
details.
In case of default by the consumer the entrepreneur has, subject to legal
restrictions, the right to charge the reasonable costs which are made kno
wn to the
consumer in advance.
Article 13- Photography
We endeavor to ensure our photography is as true of a representa
tion of the actual
product you will receive, however there may be slight variances in colo
r, due to
computer screen resolutions, and such that is out of our control.
If you have any enquiries with regards to a product or photograph di
splayed on this
website please feel free to contact us:
info@ninasajet.nl
or call to: +31(0)6 46796217
Article 14- Disputes
Dutch law exclusively applies to agreements between entrepreneur and consu
mer
whereupon these general conditions/terms are related to.
Article 15- Additional and Different
Provisions
Additional or different provisions compared to the General
conditions/terms may not be to the prejudice of the consumer and should be