General Terms and Conditions
Article 1. Definitions and applicability
1.1 These General Terms and Conditions will apply to all offers, (purchase) orders, deliveries and activities by Studio-Circus.nl.
1.2 Accepting an offer or placing an order means you automatically accept the applicability of these terms and conditions.
1.3 Deviations from and additions to these general terms and conditions are deemed valid only if explicitly agreed in a (written) agreement or confirmation of contract, in which case the other provisions shall remain in full force.
Article 2. Offers/agreements
2.1 All offers made by Studio-Circus.nl are non-committal and Studio-Circus.nl explicitly reserves the right to change the prices, particularly when this is necessary on the basis of (legal) regulations.
2.2 An agreement is only concluded after acceptance of the order by Studio-Circus.nl. Studio-Circus.nl is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Studio-Circus.nl will notify this within two (2) working days after receipt of the order
Article 3. Prices and payments
3.1 The prices quoted for products and services offered are in euros including VAT.
3.2 For deliveries within the Netherlands shipping costs are € 3,95. When shipping to countries other than the Netherlands, the contribution to the shipping costs depends on the country and the amount of the order.
3.3 After placing an order you will receive a confirmation by e-mail stating the total costs, including shipping costs. Payment can be made through iDEAL but only after agreement of the payment mediator. No additional costs are charged for these online payments. You can also choose Paypal, Bancontact and Sofort Banking.
Article 4. Delivery
4.1 All orders are shipped within 2-4 working days after receipt of payment to the address stated in the order. In case Studio-Circus.nl might deviate from this for any reason, you will be notified by e-mail.
4.2 Exceeding the delivery time does not entitle the customer to compensation, dissolution of the agreement or non-fulfillment of any obligation that may result from this or from any other related agreement.
4.3 The product must be delivered to the customer no later than 30 days after ordering. If this does not happen, the customer can immediately cancel the purchase. This does not apply if the parties have agreed a different delivery period.
4.4 Partial deliveries are allowed.
4.5 Studio-Circus.nl tries to keep the website as up to date as possible. In the unlikely event that a product is no longer available, you will be notified as soon as possible.
Article 5. Complaints and return shipments
5.1 In case an item does not meet the recipients exepectations, please report this on our web site within 14 calendar days after receipt of the delivery. In case no written complaints are received by Studio-Circus.nl within this term, Studio-Circus.nl is considered to have fully met its obligations with regard to the delivered goods.
5.2 Problems will be resolved as soon as possible. If the solution does not meet your expectations, the order can be cancelled without additional costs. The amount already paid will be refunded to you within 3 working days after receipt of the return shipment (via credit card company or directly). This guarantee expires when: a. The product has been used; b. You yourself have tried to repair a defect; c. The instructions for use and / or instructions for use have not been followed.
5.3 If you do not wish to purchase a product for any reason, you have the right to return the product to Studio-Circus.nl within 14 working days after delivery. Return shipments are only accepted in this case if the packaging of the product is undamaged and the product has not been used and/or washed.
Studio-Circus.nl will return the amount paid directly to your bank account within 5 working days after receipt of the returned item in good condition, withholding of the shipping costs charged.
Article 6. Limitation of liability
6.1 Any liability of Studio-Circus.nl, its personnel and products, for all damage, of whatever nature, directly or indirectly, including trading loss, consequential damage, damage to movable or immovable property or to persons, is explicitly excluded. Studio-Circus.nl also isn't liable for damage caused by third parties in the execution of the agreement.
6.2 Studio-Circus.nl accepts no liability for any damage resulting from the use of the products of Studio-Circus.nl.
6.3 Any liability of Studio-Circus.nl towards the buyer is in any case limited to at most the invoice amount that the buyer owes to Studio-Circus.nl under the relevant agreement.
6.4 For misunderstandings, mutilations, delays or inadequate delivery of orders and announcements as a result of the use of the Internet or any other means of communication in the traffic between the customer and Studio-Circus.nl, or between Studio-Circus.nl and third parties, in so far as regarding the relationship between customer and Studio-Circus.nl, Studio-Circus.nl is not liable, unless and in so far as there is intent or gross negligence of Studio-Circus.nl.
Article 7. Force Majeure
7.1 In case of force majeure, Studio-Circus.nl has the right to, at its own option, suspend the execution of an order, or to dissolve the agreement without judicial intervention, such by communicating this in writing and without being obliged to pay any compensation, unless this would be unacceptable in the circumstances to the standards of reasonableness and fairness.
7.2 Force majeure is considered to be any shortcoming that can not be attributed to Studio-Circus.nl, because it is not due to her fault and not under the law, legal act or generally accepted for its account.
Article 8. Privacy
Personal data will only be used for the processing of the order and will never be made available to third parties.
Article 9. Miscellaneous
9.1 If you state an address when you order, Studio-Circus.nl is entitled to send all orders to that address, unless you notify Studio-Circus.nl in writing of another address to which your placed order should be sent.
9.2 If Studio-Circus.nl permits deviations from these Conditions for a short or longer period of time, tacitly or not, this shall not affect its right to demand immediate and strict compliance with these Conditions. You can never assert any right on the grounds that Studio-Circus.nl applies these Conditions smoothly
9.3 If one or more provisions of these terms and conditions or any other agreement with Studio-Circus.nl should be in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a, by Studio-Circus.nl established and new legally permissible comparable provision.
9.4 Studio-Circus.nl is authorized to turn to third parties for processing orders.
Article 10. Applicable law and jurisdiction
10.1 All rights, obligations, offers, orders and agreements to which these conditions apply, as well as these conditions, are exclusively governed by Dutch law.
10.2 All disputes between parties will only be submitted to the competent court in the Netherlands.
Article 11. Copyright infringement
11.1 Any use of a photographic work that has not been agreed upon shall be regarded as an infringement of the copyright of the Photographer.
11.2 In the event of an infringement, the photographer is entitled to a compensation amounting to at least three times the usual license fee for such use, without losing any right to receive compensation for other damage suffered (including the right to be compensated for all direct and indirect damages and all actual judicial and extrajudicial costs).
These General Terms and Conditions of Sale of Studio Circus are filed in the Trade Register in Amsterdam, under Chamber of Commerce number 65823699.
Amsterdam, August 2015