Terms and Conditions
Article 1 : Definitions
- Studio Daydream, established in Hoevelaken and registered under Chamber of Commerce number 87788152, is referred to as the contractor.
- The other party is referred to as the client.
- The agreement is understood to mean the agreement on the basis of which the contractor performs work for the client or offers products for payment and whereby the general terms and conditions have been declared applicable.
Article 2: Identity of the entrepreneur:
Mylène van den Ham
(no visiting address)
E-mail address: firstname.lastname@example.org
Chamber of Commerce: 87788152
VAT number: NL004478176B86
Article 3: Applicability
- The terms and conditions apply to all activities and products of the contractor to which these terms and conditions have been declared applicable.
- The most recently sent and accepted version of the general terms and conditions always applies. The Contractor is entitled to unilaterally change the general terms and conditions if it deems this necessary. In such a case, it will send a new version of the general terms and conditions. If the new version contains a radical change that has adverse consequences for the client, the latter has the right to dissolve the agreement.
- The terms and conditions also apply to third parties engaged by the contractor.
- The applicability of the general terms and conditions of the client is expressly rejected.
- If one or more provisions are wholly or partially void or voidable, the other provisions will continue to apply.
Article 4: Quotations
- If no acceptance period has been set in the offer, the offer will expire after 14 calendar days. The offer must be confirmed in writing.
- Acceptance of the offer also implies acceptance of the general terms and conditions.
- The contractor cannot be held to the quotation if the client could understand that the quotation or part thereof contains an obvious mistake or error.
- Work outside the quotation is regarded as additional work and is invoiced as such.
- The images of the products on the website are as truthful as possible, but because some products are handmade, small deviations may be visible.
- The contractor provides a secure web environment so that payments can be made safely and data can be secured.
Article 5: Rates and payments
- The agreement is entered into for a definite period of time, unless the nature of the agreement dictates otherwise or the parties agree otherwise.
- The prices stated in the quotation are exclusive of VAT and any additional costs such as shipping costs.
- If no fixed price has been included, the price will be calculated on the basis of the usual hourly rate of the contractor. An estimate of the number of hours will be made in advance, but no rights can be derived from this. The actual hours made will be charged on the basis of subsequent calculation.
- Work outside the quotation is regarded as additional work. These are only carried out after permission from the client and invoiced separately.
- The Contractor has the right to increase its rates. If it does so within 3 months after entering into the agreement, the private client is entitled to dissolve the agreement.
- The Contractor is entitled to request a down payment, whereby part of the total price will be charged. The final content will not be delivered until full payment has been made.
- Invoices must be paid within 14 calendar days of the invoice date, unless a different period is stated on the invoice or the parties have made other agreements about this in writing.
- If the client fails to pay the invoice on time, the client is legally in default and owes statutory interest. The interest is calculated from the moment that the client is in default until the moment of payment of the full amount due.
- After a notice of default has been sent and the client is in default in the fulfillment of its obligations, all reasonable costs incurred in obtaining payment will be borne by the client.
- In the event of liquidation, bankruptcy, attachment or suspension of payment, the contractor's claims against the client are immediately due and payable. Any licenses will also expire in such a case.
Article 6: Information provision
- The Client shall make all information relevant to the performance of the assignment available in a timely manner, as included in the quotation.
- The Client guarantees that all information is correct, complete and reliable, also when the information comes from a third party.
- The Contractor will treat all information provided confidentially.
- If the client does not provide the information on time and the assignment is delayed as a result, resulting in additional costs, this will be borne by the client.
- The client indemnifies the contractor against any damage resulting from non-compliance with the agreements included in this article.
Article 7: Execution of the agreement
- The Contractor will perform the assignment to the best of its knowledge and ability. It is not responsible for failure to achieve the result intended by the client.
- The client is aware of the contractor's style.
- The Contractor has the right to engage third parties in the performance of its work.
- The Contractor will not perform assignments that are in conflict with the law or its professionalism.
Article 8: Change and cancellation
- If the parties wish to make adjustments during the execution of the agreement, a new quotation will be drawn up for this.
- The Contractor is authorized to terminate the agreement if new facts or circumstances arise that cause a disruption of the relationship of trust. In such a case, the Contractor is not obliged to pay compensation.
- If unforeseen circumstances arise and the contractor is prevented from carrying out the assignment, the contractor can interrupt or move the agreement. Unforeseen circumstances include illness and circumstances that arise with regard to materials that are necessary for proper performance of the agreement.
- If the contractor seems to exceed its delivery period, the parties can agree that the deadline will be moved.
- Cancellation by the client is only possible in writing. The client can terminate the agreement free of charge up to 14 calendar days after the conclusion of the agreement, unless the work has been carried out within the aforementioned 14 calendar days or the B2B agreement has been entered into.
- Outside the statutory cooling-off period, the following cancellation conditions apply:
- Before the agreement:
- In case of cancellation up to 14 calendar days prior to the first work, 25% of the quoted amount will be charged.
- In case of cancellation within 14 calendar days prior to the first work, 50% of the quoted amount will be charged.
- Before the agreement:
- In the event of premature cancellation, the costs incurred and hours worked until then become immediately due and payable, possibly increased by a percentage of 25% of what is still outstanding.
- In the event of premature cancellation, the client is not permitted to use the work made up to that point, unless the full amount is still paid.
- Any costs incurred for third parties may be passed on to the client by the contractor.
Article 8: Force majeure
- In the event of force majeure, the parties can interrupt or move the agreement. Force majeure is, among other things, if the performance of the agreement is prevented, temporarily or otherwise, by circumstances beyond the parties' reasonable control. Examples include illness, accidents, fire, a pandemic or government measures.
- In the case of a B2C agreement, the client cannot be obliged to move the agreement. The obligations arising from the agreement will be suspended as long as the parties cannot fulfill their obligations. When this situation arises, the parties look for a solution together. If the situation continues without an appropriate solution, the parties have the right to dissolve the agreement without undoing. The costs incurred and hours worked until then become due and payable.
- In the case of a B2B agreement, the parties are obliged to move the work, whereby the payment obligation remains intact, unless otherwise agreed.
- If the client wants to move the agreement due to a pandemic, but the government measures do not make it impossible to continue the agreement, whether or not in an adapted form, the contractor is entitled to charge the costs associated with the relocation.
Article 9: Right of withdrawal
You have the right to cancel your order up to 14 days after receipt without giving any reason. After cancellation you have another 14 days to return your product. You will then be credited with the full order amount including shipping costs. Only the costs for returning from your home to the webshop are for your own account. These costs are approximately 7.25 per package, consult the website of your carrier for the exact rates. If you make use of your right of withdrawal, the product will be returned to the entrepreneur with all accessories supplied and - if reasonably possible - in its original condition and packaging. To exercise this right, please contact us at email@example.com
We will then refund the order amount due within 14 days after registering your return, provided that the product has already been returned in good order.
- The Client has 14 calendar days to dissolve the agreement with regard to the purchase of products from the webshop.
- The cooling-off period from the previous paragraph commences on the day after the client has received the product or a final partial order.
- The contractor has the right to ask the client about the reason for the withdrawal, but the client is not obliged to state the reason.
- The right of withdrawal does not apply to the purchase of personalized products and business (B2B) purchases.
Article 10: Obligations with the right of withdrawal
- During the cooling-off period, the Client must handle the purchased product and the packaging with care. The product may only be inspected as permitted in a physical store.
- If the value of the product decreases due to acts contrary to the previous paragraph, this will be borne by the client.
- After receiving the notice of withdrawal, the contractor will send a confirmation of receipt to the client.
- The contractor will reimburse the payments made by the client within 14 calendar days after the cancellation has been announced.
Article 11: Execution of the right of withdrawal
- The Client must report in writing via the model form and within the cooling-off period that it makes use of the right of withdrawal.
- Within 14 calendar days after the notification referred to in the previous paragraph, the client will return the product in its original condition and packaging, as reasonably possible.
- The burden of proof for the timely exercise of the right of withdrawal lies with the client.
- The costs for returning the product must be paid by the client.
Article 12: Liability
- The Contractor is not liable for damage resulting from this agreement, unless the damage was caused intentionally or through gross negligence.
- The contractor is not liable for damage caused by incorrect information provided by the client.
- The Contractor is not liable for color deviations on non-calibrated screens and prints that are supplied by someone other than the Contractor.
- The Contractor is not liable for textual errors.
- The contractor is not liable for errors if the client has given approval, or has been given the opportunity to do so, but has not made use of it.
- The Contractor is not liable for situations beyond its control.
- The Contractor is not responsible for conducting research into the existence of third-party rights. The Client confirms that all documents delivered to the Contractor are the property of the Client.
- The contractor is not responsible for obtaining the correct permission in accordance with the AVG and other legal requirements that the client must comply with.
- The Client is ultimately responsible for checking the quality of the content and for making back-ups.
- The Contractor is not liable for acts, omissions and delays by third parties.
- In the event that the contractor owes compensation to the client for causing direct damage, the compensation will not exceed the amount paid out by the liability insurance, or the amount charged by the contractor to the client in the past 2 months, unless reasonableness and fairness requires otherwise.
- The client indemnifies the contractor against claims from third parties related to the services and products supplied by the contractor.
Article 13: Intellectual property
- The intellectual property rights to the materials, advice and content made available by the contractor to the client are vested in the contractor. The client is expressly not allowed to reproduce, publish or make content available to third parties outside the license granted, without prior permission.
- The Client is not authorized to use the content outside the purposes as agreed in the license agreement.
- If it is desired to use the content outside these purposes, the client must purchase an additional license.
- No changes may be made by the client to the contractor's work, unless otherwise agreed in the license agreement.
- The client is free to publish the content created for it when attribution is made.
- Ownership of the products delivered by the contractor is only transferred to the client after full payment.
- Violation of this article will be considered an infringement of copyright. In the event of infringement, the contractor will be entitled to compensation amounting to at least three times its usual license fee, without losing the right to compensation for the other damage suffered.
- The client gives the contractor permission to use the content created for the client for the benefit of its portfolio, unless expressly objected to this in advance. If personal data are visible on the material, permission will be requested in advance via a permission form.
Article 14: Delivery
- The Contractor will make every effort to deliver the desired content as soon as possible.
- The estimated delivery time agreed upon by the parties must be observed, but no rights can be derived from this estimate.
- Final content will not be delivered until full payment has been made.
- The Contractor will create and edit the content at its own discretion.
- The client declares to be familiar with the style of the contractor.
- Additional requirements from the client result in additional work.
- After receiving the content, the client is responsible for making a back-up.
- The Contractor emphatically does not supply any source files.
- If the client provides incorrect delivery information, the contractor is not liable for this.
- The contractor is only obliged to deliver in the Netherlands and Belgium.
- The contractor strives to ship orders within 3 working days, unless a longer period has been agreed or a product is not in stock.
- If the delivery is delayed and the delivery term is exceeded, the client has the right to terminate the agreement free of charge after the expiry of 30 calendar days without delivery.
- When delivering physical products that do not fit through the letterbox, the client must ensure that these products can be delivered indoors. Any damage caused by failure to comply with this condition will be borne by the client.
- With agreed package rates, the client is entitled to 2 revision rounds if the changes are communicated within 7 calendar days. Adjusted wishes or wishes outside this period may result in additional work. In the case of work based on an hourly rate, revisions are charged at the usual hourly rate.
Article 15: Payment
- The consumer can choose from the following payment methods; Apple Pay, Google Pay, iDeal, Paypal and credit card.
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
- The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 16: Special provisions
- Both parties are bound to the confidentiality of confidential information they have obtained in the context of the agreement.
Article 17: Complaints
- The Client must make complaints about the delivered products known in writing and with reasons within 14 calendar days after the complaint arose.
- For services provided, the client is entitled to 2 revision rounds if the changes are communicated within 7 calendar days.
- If the complaint is announced later, or revision rounds have already been used, changes will be implemented based on the usual hourly rate.
- Submitting a complaint does not suspend the payment obligation.
- If packaging has been opened or damaged, the client must make this known to the deliverer before receiving the product. Failure to do so will void the contractor's liability.
- Clients from the EU can register complaints about physical products from the webshop with the ODR platform of the European Commission. This is only possible if complaints have not yet been dealt with elsewhere. The ODR platform can be found at http://ec.europa.eu/odr.
Article 18: Warranty
- The statutory warranty provisions are observed.
Article 19: Dispute Resolution
- Dutch law applies to these general terms and conditions.
- The parties only appeal to the courts after they have made an effort to settle the dispute among themselves.
- Disputes will be settled in the district in which the contractor is established, unless the law stipulates otherwise.
- Contrary to the statutory limitation period, the limitation period for all claims is 12 calendar months.