TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
Article 1: Definitions
Supplier: The private limited liability company Fae Nuit Studio, with its registered office in Laren, the Netherlands, and principal place of business at Cornelis Bakkerlaan 30A (1251 BR) Laren (NH), registered with the Chamber of Commerce under number 95649565.
Buyer: A natural person who does not act in the course of their profession or business and who contacts the Supplier in connection with a possible contract to be concluded or has concluded a contract with the Supplier.
Offer: Any offer made by the Supplier for the sale and delivery of Products on the Website.
Order: Any order placed by the Buyer for the sale and delivery of Products by the Supplier to the Buyer.
Contract: The contract concluded between the Supplier and the Buyer concerning the sale and delivery of Products.
Product(s): The product(s) sold and/or delivered by the Supplier to the Buyer.
Parties: The Supplier and the Buyer collectively.
Terms and Conditions: These are the general terms and conditions of delivery.
Website: The website www.faenuitstudio.com and/or any other website used by the Supplier to run a webshop, among other things.
Article 2: Applicability
1. The Terms and Conditions apply to all legal relationships in which the Supplier acts as a (potential) seller and/or supplier of Products, including all offers made by the Supplier regarding Products and Orders, as well as the acceptance of such offers by the Supplier, unless the Parties have expressly agreed otherwise in writing.
2. If and to the extent that the Contract contains provisions that differ from the Terms and Conditions, the provisions of the Contract will prevail.
3. In the event of any conflict or ambiguity between translations of these Terms and Conditions, the Dutch version shall prevail.
4. If any provision of these Terms and Conditions is deemed void or unenforceable, or if the Parties are unable to rely on such provision for any other reason, the Supplier is entitled to replace it with a valid and enforceable provision that, as far as possible, reflects the original provision's purpose and intent. In such cases, the remaining provisions will remain in full force and effect.
Article 3: Offers and Formation of Contracts
1. All offers made by the Supplier, in whatever form, are subject to contract. They are not binding on the Supplier and only serve as an invitation to place an Order, unless otherwise stated by the Supplier in writing. This also applies to all catalogues, brochures, price lists, and similar documents published by the Supplier.
2. If a validity period is specified in an Offer, the Offer may only be accepted within this period.
3. All offers on the website or in communications from the Supplier include detailed product descriptions, including key features, materials, dimensions, and other relevant information that help the customer make an informed purchasing decision.
4. As the products sold are pre-owned and refurbished, the Supplier cannot guarantee that the products are in perfect condition. Given that these are animal-based materials, there may be natural imperfections, slight wear, or marks that may not be explicitly mentioned in the product descriptions. Customers are encouraged to be aware that such products may show signs of previous use and to consider this before making a purchase.
5. Any specifications of colours, weights, density, quantities, and other descriptions in catalogues, brochures, promotional material, and/or on the Website are as accurate as possible, but only serve as indications. The Buyer cannot derive any rights from these.
6. The Contract is concluded when the Buyer accepts the Supplier's Offer by placing an Order and completing the payment. The Supplier reserves the right to cancel an order if it is found that the product information is inaccurate or if the customer does not meet the conditions of the sale.
7. The Supplier will immediately confirm receipt of the Order and the formation of the Contract by electronic means.
8. The Supplier is only bound by any subsequent additional agreements or changes, as well as agreements and/or promises (whether verbal or otherwise) made by staff members of the Supplier or made on the Supplier's behalf by sellers, agents, representatives, or other intermediaries, if and to the extent that these have been confirmed in writing by the Supplier (or by persons authorised to do so).
9. *(Seasonal) Promotional codes and discount offers from Fae Nuit Studio may never be combined with other promotions, discounts, or already reduced items. All offers apply to full-priced products only unless explicitly stated otherwise.
Article 4: Prices
1. All prices stated by or agreed with the Supplier are in euros, including VAT, other government levies, and the costs of packaging, insurance, and similar charges. The prices do not include shipping costs. The shipping costs will be displayed on the Website during the ordering process, before payment is made, and before the final placement of the Order. Any additional charges, such as customs duties or taxes, are the responsibility of the Buyer and will be borne by them.
2. The prices of the Products are the prices as shown on the Website and/or in the Offer, subject to price changes due to fluctuations in VAT rates or other external factors.
3. Price changes may occur at any time. If a price increase occurs after the Order has been placed but before delivery, the Buyer has the right to cancel the Order free of charge, unless the price increase is due to a legal obligation.
Article 5: Order Placement and Payment
1. By placing an Order, the Buyer confirms that they have selected the Products and are aware that, unless otherwise communicated, these Products are pre-owned. The prices of the Products are the prices at the time of purchase unless otherwise stated. Payment is processed immediately after the Order is placed, and an order confirmation will be sent to the Buyer via email.
2. After finalizing the Order, the Buyer will make payment to a bank account specified by the Supplier. Payment must be made in euros unless expressly agreed otherwise in writing.
3. If payment is made by VISA/MasterCard, the Supplier is entitled to verify the validity of the card, check the available credit limit for debiting the full amounts, and verify the correctness of the Buyer's address details. The Supplier reserves the right to refuse the purchase if any discrepancies are found.
4. The Supplier charges a fee for payments made via PayPal. The amount of the fee will be shown on the Website during the ordering process, before payment is made, and before the final placement of the Order.
5. The Buyer may also choose to use iDeal for payment. In this case, the Buyer will make the payment immediately via their bank during the ordering process. Any costs related to the use of iDeal are borne by the Buyer.
6. Once the Order is confirmed, the Buyer will receive an email confirmation with the details of the purchase and the estimated delivery time.
Article 6: Delivery
1. Products will be delivered at the address specified by the Buyer.
2. The Supplier effects delivery within 30 (thirty) days, unless a different delivery period has been agreed upon. The delivery period (agreed or otherwise) starts when the Supplier has received payment from the Buyer.
3. The Supplier provides the following indicative delivery periods. Please be aware that our products may take longer to deliver due to the availability of pre-order and custom-made options. Orders are dispatched as soon as possible, but we do not guarantee same-day dispatch.
• European Countries (zone 1): 2 – 5 working days;
• Rest of the world (zone 2): 8 – 10 working days.
The above indicated delivery terms do not count as the final and definitive lead times as referred to in article 6:83 sub a of the Dutch Civil Code. The terms mentioned above are not binding and are indicative by nature. The delivery terms and dates mentioned by or agreed with Supplier are determined to the best of its knowledge on the basis of the information known to it at the time of entering into the Contract.
4. Orders may be subject to additional government (import) duties and fees at the customs authorities of the country of destination. These duties and fees must be paid by the Buyer. The Buyer can consult the shipping policy on the Website for an indication of these duties and fees. The Supplier cannot estimate or control the amount imposed upon delivery.
5. If the Buyer refuses delivery of the Order due to a customs charge, the Products will be considered abandoned and disposed by the shipping carrier. In that case the Order is not eligible for any refund. The Supplier is not liable for loss of the Products or any additional costs as a result of the refusal by the Buyer.
6. If the delivery is delayed or if an Order cannot be executed or can only be executed in part, the Buyer shall be informed within 30 days after having placed the Order. In that case, the Buyer is entitled to dissolve the Contract free of charge. If the Buyer dissolves the Contract for the reason mentioned above, the Supplier refunds the amount paid by the Buyer.
7. The Supplier is entitled to make partial deliveries.
8. Unless the Parties agree otherwise, the Products are dispatched in a manner to be determined by the Supplier. The Supplier is not liable for any damage whatsoever related to the dispatch of the Products.
9. The Buyer guarantees that the delivery address agreed upon is correct and complete and that the Products can be delivered at that address. If delivery of the Products appears to be impossible, the Supplier is at liberty to deliver the Products, at the Buyer's risk, at the most suitable location - in the opinion of the Supplier and/or its transporter - near the delivery address agreed upon, or to take the Products back at the Buyer's risk and expense, possibly store them elsewhere and/or possibly deliver them at a later time.
10. The risk of the Products to be delivered passes to the Buyer when the Products are available to them or to a third party designated by them (not being the carrier).
Article 7: Reflection period
1. As the Contract was concluded via the Website, the Buyer has a reflection period (herroepingstermijn) of 14 (fourteen) calendar days, within which the Buyer may dissolve the Contract without stating any reason.
2. The reflection period referred to in paragraph 1 commences the day after the Buyer, or a third party who has been designated by the Buyer in advance and who is not the carrier, has received the Product, or, if the Buyer has ordered several Products in one order, the day on which the Buyer, or a third party designated by them, has received the last Product. The Supplier has the right to refuse an order of several Products with different delivery periods.
3. If the right of withdrawal is exercised and the contract is thereby dissolved, the products concerned must be returned to the supplier within the same 14-day period following receipt of the package. After having received the returned Products, the Supplier will refund the purchase price paid for the returned Products and any delivery costs to the Buyer.
Article 8: Obligations of the Buyer during the reflection period and right of withdrawal
1. During the reflection period, the Buyer shall handle the Product and its packaging with due care. The Product may only be unpacked to the extent required to determine the nature, features, and functioning of the Product. The Buyer may only use and inspect the Product as he would be allowed to do in a physical point of sale.
2. Products that are not in the same condition as the state of delivery or that have been used will not be exchanged or refunded. At all times, the Buyer is liable for any decrease in the value of the Product as a result of handling the Product in a way that extends beyond the handling permitted in paragraph 1.
3. If the Buyer wishes to exercise their right of withdrawal, they must provide the Supplier with an unambiguous statement (eg, in writing by post or e-mail) of their decision to revoke the Contract. The Buyer may use the withdrawal form provided by the Supplier, but is not obliged to do so. All Products must be returned to the Supplier in their original packaging (price tags, labels, etc. attached to the Products may not be removed), not later than the same 14-day return period.
4. The Buyer returns the Product along with all accessories delivered, in its original state and packaging and following the instructions given by the Supplier. This means that any returned Products must be newly manufactured, undamaged, unworn, and unwashed. The Products shall still bear all original labels and hang tags as attached thereto by the Supplier. The costs of any missing Products and damaged packaging and/or Products are for the account of the Buyer and shall be reimbursed by the Buyer to the Supplier.
5. The Buyer must pay the shipping cost for returning the products following their right of withdrawal as mentioned in Article 7. The Supplier is not obliged to reimburse such costs.
Article 9: Obligations of the Supplier in case of a withdrawal
1. The Supplier reimburses the value of the returned Product(s) — excluding the original shipping costs — provided the return meets all stated conditions and is received within 14 days of delivery. The refund will be issued within 10 working days after the return has been delivered and inspected.
2. The Supplier is entitled to refuse any Products returned or only refund part of the payments received from the Buyer if the Products are not in their original packaging, have been processed or used (other than necessary to determine the nature, features and functioning of the goods) and/or are damaged. The Supplier then notifies the Buyer immediately after receipt of the Products.
3. The Supplier is not obliged to reimburse any additional costs incurred because the Buyer has expressly opted for a delivery method other than the least expensive standard delivery method offered by the Supplier.
Article 10: Complaints
1. Any defects which were not visible on the outside at the time of delivery must be reported by the Buyer to the Supplier timely manner after such defects have become apparent, or the moment when these could reasonably have been discovered. The complaint must be filed in writing, along with a detailed description of the complaint and defect(s).
2. When requested, the Buyer provides the Supplier with all information the Supplier deems relevant in this respect.
3. Any of the Buyer's claims against the Supplier relating to defects in Products delivered lapses if the Buyer failed to handle, use, or store the Products correctly, or handled, used, or stored the Products under circumstances other than envisaged by the Supplier.
Article 11: Liability
1. Without prejudice to the provisions of Article 10 of these Terms and Conditions, the supplier's liability for loss suffered by the Buyer is limited to the provisions of this Article.
2. The Supplier is not liable for any damages, of whatever nature, caused by the Supplier having used incorrect and/or incomplete data provided by or on behalf of the Buyer.
3. The Supplier is never liable for any consequential loss (indirect loss) suffered by the Buyer. Consequential loss is understood to include loss of profits, losses suffered and costs incurred, as well as missed orders and lost savings, loss due to interruptions of production or operations or stagnation.
4. Should the Supplier be liable for any loss, the Supplier's liability is limited to no more than three times the invoice value of the relevant Contract, or to the part of the Contract to which the liability pertains.
5. The limitations of liability included in this Article do not apply if and insofar as the Supplier's liability for the relevant loss is insured and payment is made under the relevant insurance policy. If the Supplier has taken out such insurance, it is not obliged to enforce any rights under this insurance if it is held liable by the Buyer.
6. The Supplier stipulates all statutory and contractual defences which it may invoke to shield itself from its liability towards the Buyer, also on behalf of its subordinates and the non-subordinates for whose actions it is liable pursuant to the law.
7. The foregoing does not affect the Supplier's liability under mandatory statutory provisions.
Article 12: Force majeure
1. A situation of force majeure exists on the Supplier's part if the Supplier is prevented from meeting its obligations under the Contract due to circumstances that occurred through no fault or beyond the control of the Supplier. Situations of force majeure include, but are not limited to, war/danger of war, terrorism or threat of terrorism, civil war, rioting, revolution, wilful damage, fire, water damage, flooding, government measures, import and export barriers, defects in machinery, strikes, sit-down strikes, limited transport possibilities due to weather conditions and traffic congestion, suppliers and/or subcontractors of the Supplier and/or other third parties engaged by the Supplier failing to meet their obligations (or failing to do so in time) and failures in the supply of energy and water in the Supplier's business.
2. Without prejudice to the Supplier's other rights, the supplier is, without any notice of default being required and without being obliged to pay any compensation, entitled to dissolve all or part of the contract if it is temporarily or permanently impossible for the supplier to properly perform all or part of the contract due to a situation of force majeure, or to suspend the (further) performance of the contract for the duration of the situation of force majeure.
Article 13: Intellectual property rights
1. The Supplier reserves all intellectual property rights to the offers made by it, order confirmations, designs, images and drawings provided, images, drawings, catalogues and/or brochures published on the Website, and to the Products delivered within the framework of the Contract, and suchlike, irrespective of whether costs for the manufacturing thereof have been charged to the Buyer. Without the Supplier's express prior permission in writing, such data and items may not be copied, used or shown to third parties.
2. The Buyer is not allowed to remove, change or use any designation of copyrights, brands, trade names or other intellectual or industrial property rights or labels from the items referred to in paragraph 1 of this article.
Article 14: Retention of title
1. Any Products supplied to Buyer remains the property of Supplier until Buyer has fulfilled all its obligations under the Contract, Order or other comparable agreements and/or has fully satisfied all claims arising from Buyer’s failure to fulfil these agreements (as stipulated in article 3:92, paragraph 2 of the Dutch Civil Code), including loss, penalties, interests and costs.
2. During the period referred to in Article 15.1 above, Buyer is prohibited from transferring, pawning or otherwise mortgaging the Products or to rent said Products out, lend them or release them for his control in any way whatsoever.
3. Buyer shall be obliged to keep the Product(s) delivered under retention of title with due care and as the identifiable property of Supplier.
Article 15: Other provisions
1. Any deviations from and supplements to the Contract, the Order and/or the Terms and Conditions will only be valid if they have been agreed upon in writing.
2. The Supplier is entitled to transfer its rights and obligations arising from the Contract to a third party. If this situation arises, the Buyer states that he gives permission for this.
Article 16: Governing law and competent court
1. The legal relationships between the Supplier and the Buyer, regardless of their nature, are governed by Dutch law.
2. The competent court of Amsterdam shall have exclusive competence over any disputes that may arise in connection with these Terms and Conditions or the Products, unless this is contrary to mandatory law. The Supplier may depart from this rule on jurisdiction and apply the statutory rules on jurisdiction.
