Welcome to the EVA D. Webshop!
These terms and conditions outline the rules and regulations for the use of the Studio EVA D. Website, located at www.evadekker.nl, www.evadekker.com, www.studioevad.nl, www.studioevad.com. By accessing this website we assume you accept these terms and conditions. Do not continue to use the Studio EVA D. Webshop if you do not agree to take all of the terms and conditions stated on this page. Below are our terms and conditions which are continually applicable when using our webshop or whenever you place an online order. These terms and conditions contain important information for you as a customer, so please review carefully. We recommend saving the terms and conditions to your computer or printing them to be able to consult them at a later time.
Article 1. Definitions
1.1. Studion EVA D.: Established in Bergen and registered with the Dutch Chamber of Commerce under number 37148593, VAT number NL002064545B03
1.2. Website: The Studio EVA D. website which can be consulted at www.evadekker.nl, www.evadekker.com and all applicable subdomains.
1.3. Customer: The natural or legal person who enters into an Agreement with Studio EVA D. by means of the Webshop. Customer acts either as a private individual, either on behalf of a company or professional entity.
1.4. Agreement: Any understanding or agreement between Studio EVA D. and the Customer concluded from a distance. The Terms are an integral part of the Agreement. These Terms do not apply to purchases of Studio EVA D. products in a physical retail store.
1.5. Terms: These Terms and Conditions of the Studio EVA D. Webshop.
Article 2. Applicability of these Terms
2.1. The Terms apply to all offers, Agreements and deliveries by Studio EVA D., unless the parties have expressly agreed otherwise in writing.
2.2. Deviating conditions from the Customer are rejected, unless Studio EVA D. expressly accepts such conditions in writing before the order date.
2.3. In cases where other product or service conditions are applicable on top of these Terms and Conditions, then these conditions are also applicable. When contradictory conditions arise, Customer can refer to conditions most favourable to Customer.
2.4. These Terms do not apply to third-party products that are displayed in the Webshop and for which Customer, by clicking on that product, will be redirected to a third party merchant in order to purchase that product from that third party.
Article 3. Prices and Information
3.1. All prices mentioned on the Webshop and other materials derived from Studio EVA D. include tax as well as any government levies, unless otherwise stated.
3.2. The shipping cost is € 8,50 within the Netherlands. The shipping cost can be found on the Website. The amount of shipping costs payable by the Customer will be displayed in the order process on the Website.
3.3. Although the content of the Webshop is selected with due care, Studio EVA D. cannot guarantee that all information on the webshop is at all times correct and complete. All prices and other information on the Webshop and other materials originating from Studio EVA D. are subject to obvious programming errors and typos.
3.4. Studio EVA D. cannot be held accountable for any product deviations in color or otherwise due to the quality of screen representation.
Article 4. Conclusion of the Agreement
4.1. The Agreement is concluded at the moment the Customer accepts the offer of Studio EVA D., which is the moment on which the Customer completes the order process. Acceptance of an offer or the purchase of a product implies that the Customer accepts the applicability of these Terms and Conditions.
4.2. If Customer has accepted the offer electronically, Agreement of the offer is closed when Customer has received a written (including email) confirmation of the purchase from Studio EVA D. Until the time of this confirmation Customer has the option to terminate the Agreement.
4.3. Customer carries full responsibility for providing Studio EVA D. with the correct details in order to enter into the Agreement. If incorrect details were provided by the Customer when accepting or otherwise entering into the Agreement, Studio EVA D. is entitled to fulfill its obligation only after the correct details have been received.
4.4. Insofar the law allows, Studio EVA D. can inform itself whether the Customer can meet payment obligations, and of all circumstances that are important for an orderly conclusion of the Agreement. If, on the basis of this investigation, Studio EVA D. has valid reasons to not enter into the Agreement, Studio EVA D. is entitled to refuse an order or to apply special conditions to the order, such as requiring a payment in advance.
Article 5. Registration
5.1 For the purpose of making optimal use of the Website, the Customer can register via the registration form on the Website.
5.2 During the registration procedure the Customer can choose a user name and a password which the Customer can use to login on the Website. The Customer is responsible for choosing a secure password.
5.3 The Customer shall not share account and login details (including password) with any third party at any time, or allow anyone else to access or use Customer’s account. The Customer is solely responsible for maintaining the confidentiality of login information (including password). Studio EVA D. is not liable for any misuse of login details and Studio EVA D. may always assume that when the Customer’s account is used on the Website, that this is actually the Customer who originally created the account that logs in. All activities happening via the Customer’s account, including purchases, whether or not authorized by the Customer, falls under the responsibility and risk of the Customer.
5.4 In the event that the Customer becomes aware of, or reasonably suspect, any breach of security, including disclosure of login details, the Customer must immediately notify Studio EVA D. so that Studio EVA D. can take appropriate measures.
Article 6. Implementation of the Agreement
6.1 As soon as Studio EVA D. has received the order, Studio EVA D. will send the products to the Customer as soon as possible, taking into account section 3 of this Article.
6.2 Studio EVA D. is entitled to engage third parties to be able to perform the obligations arising from the Agreement.
6.3 Ordered products will be shipped in principle within 2 working days. The method of delivery may vary and is subject to the choice made by StudioEVA D.
6.4 In the event that Studio EVA D. is unable to ship the ordered products within the term agreed between Studio EVA D. and Customer, then Studio EVA D. will inform Customer thereof. In that event Customer may either accept a new delivery date, or terminate the Agreement free of charge.
6.5 Customer must inspect the products immediately upon receipt. In the event of any defects, Customer must notify Studio EVA D. in writing within due time, preferably accompanied by a digital photograph. See also Article 9 about Warranty and conformity.
6.6 Once the products have been delivered to the specified delivery address, any risk concerning these products is transferred to the Customer. If explicitly agreed otherwise, the risk is transferred to the Customer at an earlier time. In the event that the Customer decides to collect the products, the risk passes when the products are handed over to the Customer.
6.7 Studio EVA D. is entitled to deliver a similar product of similar quality as the ordered product, in the event that the ordered product is no longer available. In such an event the Customer is entitled to terminate the Agreement free of charge and return the product free of charge.
Article 7. Right of withdrawal / return option
7.1 This Article only applies to Customers who make their purchase as a consumer, or in other words, as a private individual. This Article does not apply to Customers who act in a professional capacity, or as a representative of a company or other entity.
7.2 The Customer has the right to terminate the Agreement with Studio EVA D., without the need to state a reason for the termination, within 14 calendar days upon receipt of the product. This period is hereinafter referred to as the “Cooling-Off Period”.
7.3 The Cooling-Off Period begins on the day after the Customer, or a third party designated by the Customer, has received the product at the delivery address indicated in the order process. In the event that the Customer orders multiple products in the same order, the Cooling-Off Period starts on the day after the Customer, or a third party designated by the Customer, receives the last product. In the event that the delivery of a product consists of several shipments or multiple parts, the Cooling-Off Period starts on the day after the Customer, or a third party designated by the Customer, receives the last shipment or the last part. In the event of Agreements for repeating deliveries of products during a certain period, the Cooling-Off Period starts on the day after the Customer, or a third party designated by the Customer, receives the first product.
7.4 The shipping costs of the return shipment are borne by the Customer. If these costs are higher than the regular postal rate, Studio EVA D. will give an estimate of these costs. The shipping costs made by the Customer at the time of purchase of the product are not included in the costs of the return shipment and remain at the Customer’s own expense.
7.5 During the Cooling-Off Period, the Customer will handle the product and packaging with care. The Customer is allowed to open the package and use the product only for means of inspection and verifying the nature, characteristics and operation of products. The basic principle here is that this inspection may not go beyond what the Customer could do in a physical store.
7.6 The Customer is liable for a depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in Article 7 section 5 of these terms and conditions.
7.7. The Customer may terminate the Agreement in accordance with the Cooling-Off Period by sending a return form (digitally) to Studio EVA D., or by communicating in another, but unambiguous, manner to Studio EVA D. that you as a Customer want to exercise the right of withdrawal. In the event that a digital return form is used, Studio EVA D. will confirm receipt of the form to the Customer. After termination of the Agreement, the Customer has 14 days to return the product. It is also possible to immediately return the product within the Cooling-off period, provided that the return form or another unambiguous withdrawal statement is included in the return shipment.
Return shipments must be sent to:
Studio EVA D.
Piet Boendermakerweg 17
1862 XR Bergen
7.8 Any amounts of money paid (in advance) by the Customer will be reimbursed to the Customer as soon as possible, though no later than within 14 days after the termination of the Agreement. The money will be transferred in the same way that the Customer paid for the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Studio EVA D. does not have to reimburse the additional costs for a more expensive method. Unless Studio EVA D. offers to collect the product itself, Studio EVA D. will wait to reimburse the Customer until Studio EVA D. has received the product, or until Customer demonstrates that it has sent back the product (whichever event occurs earlier).
7.9. The Studio EVA D. Website clearly and timely states, before the conclusion of the Agreement, whether or not the right of withdrawal is applicable as well as the applicable procedure.
Article 8. Payment
8.1 The Customer must make payments to Studio EVA D. using a payment method specified in the order procedure and as specified on the Website. The choice of possible payment methods is up to Studio EVA D., and options for payment methods may change from time to time. In the event of payment after delivery, the Customer is given a payment period of 14 days. This 14 day period starts on the day after the actual delivery.
8.2 If the Customer fails to make payment within the payment period, and after Customer has been reminded at least once of the late payment, and Studio EVA D. has granted the Customer a period of 14 days to still meet payment obligations, then the Customer falls immediately into default by operation of the law. In this case
the legal interest is due from the day at which the amount due has become payable until the time of payment. In addition, all judicial and extrajudicial costs of collection after the Customer has been in default shall be borne by the Customer. These costs amount to a maximum of 15% over outstanding amounts up to € 2500 and 10% over the following € 2500 and 5% over the following € 5000 with a minimum of € 40. Studio EVA D. may, if she chooses to do so and for the benefit of the Customer, deviate from the stated amounts and percentages.
Article 9. Warranty and conformity
9.1. This Article only applies to Customers who make their purchase as a consumer, or in other words, as a private individual. This Article does not apply to Customers who act in a professional capacity, or as a representative of a company or other entity. If Studio EVA D. gives a separate warranty on the products then, without prejudice to the aforesaid, this applies to all types of Customers.
9.2. Studio EVA D. guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed between Studio EVA D. and the Customer, Studio EVA D. also guarantees that the product is suitable for other than normal use.
9.3. If the delivered product is not in conformity with the Agreement, the Customer must inform Studio EVA D. within a reasonable period of time after the Customer has discovered the defect.
9.4. If Studio EVA D. considers the complaint to be justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum reimbursement, subject to the Article on liability, is equal to the price paid by the Customer for the product.
Article 10. Warranty for business purchases
10.1. Studio EVA D. guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Studio EVA D. also guarantees that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use. In addition, Studio EVA D. gives at least 3 months warranty on all purchases.
10.2. If the delivered product does not comply with the Agreement upon delivery, the Customer must notify Studio EVA D. within 8 days of delivery. If the Customer fails to do so, he or she can no longer claim repair, replacement, etc. whenever the product has been delivered defectively.
10.3. If Studio EVA D. considers the complaint to be justified, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer.
Article 11. Complaints procedure
11.1 In the event that Customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and/or about other aspects of the service provided by Studio EVA D., Customer can submit a complaint to Studio EVA D. by telephone, e-mail or by regular mail. See the contact details at the bottom of the Terms and Conditions
11.2 Studio EVA D. strives to respond to any such complaint as soon as possible, but in any event within 3 days of receipt of the complaint. If it is not yet possible to give a substantive or definitive response, then within 3 days after receiving the complaint from Customer, Studio EVA D. will confirm the complaint and give an indication of the period within which she expects to give a substantive or definitive response.
11.3 If the Customer is a consumer, he or she can also submit a complaint via the EU dispute settlement platform, accessible via https://webgate.ec.europa.eu/odr/.
Article 12. Liability
12.1 This Article only applies to a Customer as a private individual or legal person who acts in the exercise of his profession or business.
12.2 The total liability of Studio EVA D. towards the Customer for accountable failure to comply with the Agreement is limited to reimbursement of a maximum of the amount stipulated for a specific Agreement (including VAT).
12..3 Liability of Studio EVA D. towards the Customer does not include indirect damage, including but not limited to: consequential damage, lost profit, lost savings, loss of data and damage due to business interruption.
12.4 With the exception of the cases mentioned in the previous two paragraphs of this Article, Studio EVA D. is not liable towards the Customer for compensation of damages, irrespective of the basis on which an action for compensation would be based. However, the limitations referred to in this Article will lapse if damage is the result of intent or gross negligence on the part of Studio EVA D..
12.5 To be able to make any claim of liability, due to Studio EVA D.’s attributable shortcoming in the performance of an Agreement, Customer must give Studio EVA D. immediate and proper written notice of the default, wherein Customer specifies a reasonable period for clearing the shortcoming. The notice of default must contain a description, as detailed as possible, of the shortcoming, so that Studio EVA D is able to respond adequately. Only if Studio EVA D. continues to fall short of her obligations, even after the reasonable period specified by Customer, the liability of Studio EVA D. towards the Customer arises.
12.6 A condition for the existence of any right to compensation is always that the Customer reports the damage in writing to Studio EVA D. as soon as possible, but at the latest within 30 days after its occurrence.
12.7 In the event of force majeure, or in other words: circumstances beyond the control of Studio EVA D, Studio EVA D. is not obliged to pay for any damage caused to it by the Customer.
Article 13. Retention of title for Business Purchases
13.1 All delivered goods remain the property of Studio EVA D. until all claims that Studio EVA D. has against a Business Customer, including any related (collection) costs and interest, have been paid in full.
13.2 Prior to the transfer of ownership, a Business Customer is not authorized to sell, deliver or otherwise dispose of these goods, other than in accordance with its normal business and the normal destination of the goods. Additionally, a Business Customer is not permitted to deposit these goods, or to grant any other right to third parties concerning these goods as long as the ownership of these goods has not been transferred to the Business Customer.
13.3 A Business Customer is obliged to keep the goods delivered subject to retention of title carefully and as recognizable property of Studio EVA D..
13.4 Studio EVA D. is entitled at all times, without prior notice, summons or judicial intervention, to take back goods that have been delivered subject to retention of title and that are still present at the buyer, in the event that a Business Customer does not ensure timely payment of invoices or is experiencing payment difficulties, or is in danger of becoming involved in such circumstances.
13.5 A Business Customer is obliged, at all times, to grant Studio EVA D. free access to its goods for inspection and/or for exercising the rights of Studio EVA D..
Article 14. Privacy
Studio EVA D. processes the personal data of the Customer in accordance with the privacy statement which can be found here: https://www.evadekker.nl/privacy-policy
Article 15. Final provisions
15.1. Dutch law applies to the Agreement.
15.2 Insofar as mandatory law does not state differently, all disputes that may arise under the Agreement will be submitted to the competent Dutch court in the district where Studio EVA D. is established.
15.3 If a provision in these Terms and Conditions proves to be invalid, this does not affect the validity of the entire Terms and Conditions. The parties will in that case replace a new provision / new provisions, which will give shape to the intention of the original provision as much as possible.
15.4 In these Terms and Conditions, “written” also means communication by e-mail, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
If you have any questions, complaints or comments after reading these Terms and Conditions, please do not hesitate to contact us.
Studio EVA D.
Piet Boendermakerweg 17
1862 XR Bergen
Phone: +31 (0)6 41223899
Dutch Chamber of Commerce number: 37148593
VAT number: NL002064545B03