Delivery conditions Studio DNNK
1. Studio DNNK : Studio DNNK, established in The Hague under Chamber of Commerce no. 68947291.
2. Customer: the person with whom Studio DNNK has entered into an agreement.
3. Parties: Studio DNNK and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
Applicability of delivery conditions
1. These terms of delivery apply to all activities, orders, agreements and deliveries of services or products by or on behalf of Studio DNNK.
2. Parties can only deviate from these delivery terms and conditions if they have expressly agreed so in writing.
3. The parties expressly exclude the applicability of additional and/or deviating general and/or delivery conditions of the customer or of third parties.
Samples and models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .
Consequences of not paying on time
1. If the customer does not pay within the agreed term, Studio DNNK is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby part of a month for a whole month is counted.
2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to Studio DNNK.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Studio DNNK may suspend its obligations until the customer has fulfilled its payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Studio DNNK's claims against the customer are immediately due and payable.
6. If the customer refuses to cooperate in the execution of the agreement by Studio DNNK, he is still obliged to pay Studio DNNK the full agreed price.
Right of advertising
1. As soon as the customer is in default, Studio DNNK is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
2. Studio DNNK invokes the right of advertising by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Studio DNNK, unless the parties agree otherwise.
4. The costs for returning or returning the products are for the account of the customer.
Right of withdrawal
1. A consumer can make an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
- The product has not been used
- It is not a product that is tailor-made or adapted especially for the consumer
- The seal of the delivered item is still intact.
- It is not an urgent repair order
- The consumer has not waived his right of withdrawal.
2. The reflection period of 14 days as referred to in paragraph 1 starts:
- On the day after the consumer has received the last product or part of 1 order
- As soon as the consumer has confirmed that he will purchase digital content via the internet.
3. The consumer can make his appeal to the right of withdrawal known via email@example.com.
4. The consumer is obliged to return the product to Studio DNNK within 14 days after the notification of his right of withdrawal, failing which his right of withdrawal will lapse.
Reimbursement of delivery costs
1. If the consumer has made use of his right of withdrawal in time and as a result has returned the complete order to Studio DNNK on time, Studio DNN will refund any shipping costs paid by the consumer within 14 days of receipt of the timely and fully returned order to the consumer. refund consumer.
2. The costs for delivery are only for the account of Studio DNNK insofar as the complete order is returned.
Reimbursement Return costs
If the consumer invokes his right of withdrawal and returns the complete order on time, the costs for returning the complete order will be borne by the consumer.
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Right of retention
1. Studio DNNK can invoke its right of retention and in that case keep the customer's products in its possession until the customer has settled all outstanding invoices with regard to Studio DNNK, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes Studio DNNK payments.
3. Studio DNNK is never liable for any damage that the customer may suffer as a result of using his right of retention.
Unless the customer is a consumer, the customer waives his right to set off a debt owed to Studio DNNK against a claim against Studio DNNK.
Retention of title
1. Studio DNNK remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards Studio DNNK, including claims about failure to comply with the agreement.
2. Until that time, Studio DNNK can at all times invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
4. If Studio DNNK invokes its retention of title, the agreement will be deemed dissolved and Studio DNNK has the right to claim compensation, lost profit and interest.
1. Delivery takes place while stocks last.
2. Delivery takes place at Studio DNNK, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed amounts are not paid or are not paid on time, Studio DNNK has the right to advance its obligations until the agreed part has been paid.
5. In the event of late payment, there is a default by creditors, with the result that the customer cannot object to Studio DNNK for a late delivery.
1. The delivery times specified by Studio DNNK are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts when the customer has completed the (electronic) ordering process in full and has received an (electronic confirmation) from Studio DNNK.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Studio DNNK is unable to deliver within 14 days of receiving a written demand to that effect or the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Delivery of goods on order
1. The customer is obliged to purchase the goods produced by Studio DNNK on his behalf.
2. If goods have not been purchased by the customer after the expiry of the delivery time, they will remain at Studio DNNK's disposal. Goods not accepted are stored at the expense and risk of the customer. Studio DNNK may always use the power of Article 6:90 of the Dutch Civil Code.
Delivery and transfer of risk
The risk of loss, damage or depreciation of a purchased item passes to the customer at the time the item is brought under the control of the customer.
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packing and Shipping
1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Studio DNNK cannot be held liable. held for any damage.
2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Studio DNNK prior to transport, failing which Studio DNNK cannot be held liable for any damage.
1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of early or late purchase of products will be fully borne by the customer.
1. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the case of normal wear and tear and damage caused by falling over, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who receives the product on behalf of the customer.
The customer indemnifies Studii DNNK against all third-party claims related to the products and/or services supplied by Studio DNNK.
1. The customer must examine a product or service provided by Studio DNNK as soon as possible for any shortcomings.
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Studio DNNK of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. .
3. Consumers must inform Studio DNNK of this within 2 months after discovery of the shortcomings.
4. In doing so, the customer provides a detailed possible description of the shortcoming, so that Studio DNNK is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Studio DNNK being obliged to perform other work than has been agreed.
Notice of default
1. The customer must notify Studio DNNK of any notice of default in writing.
2. It is the customer's responsibility that a notice of default actually reaches Studio DNNK (on time).
Joint and several liability customer
If Studio DNNK enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to Studio DNNK under that agreement.
Liability Studio DNNK
1. Studio DNNK is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or proven recklessness.
2. If Studio DNNK is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
3. Studio DNNK is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
4. If Studio DNNK is liable, the liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, color photos, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from Studio DNNK expires in any case 12 months after the event from which the liability directly or indirectly arises.
This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to dissolution
1. The customer has the right to dissolve the agreement if Studio DNNK imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor service.
2. If the fulfillment of the obligations by Studio DNNK is not permanently or temporarily impossible, dissolution can only take place after Studio DNNK is in default.
3. Studio DNNK has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if Studio DNNK has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.
1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Studio DNNK in the fulfillment of any obligation with regard to the customer cannot be attributed to Studio DNNK in a situation independent of Studio DNNK's will, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of Studio DNNK.
2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation arises as a result of which Studio DNNK cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Studio DNNK can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Studio DNNK does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.
Change of delivery conditions
1. Studio DNNK is entitled to change or supplement these delivery terms and conditions.
2. Changes of minor importance can be made at any time.
3. Studio DNNK will discuss major substantive changes with the customer in advance as much as possible.
4. A consumer is entitled to cancel the agreement in the event of a substantial change in the delivery condition.
Transfer of rights
1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Studio DNNK.
2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.
Consequences of nullity or voidability
1. If one or more provisions of these terms and conditions of delivery prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
2. In that case, a provision that is null or voidable will be replaced by a provision that comes closest to what Studio DNNK had in mind when setting up the conditions on that point.
Applicable law and competent court
1. These terms of delivery and any agreement between the parties are exclusively governed by Dutch law.
2. The Dutch court in the district where Studio DNNK is located has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
Applicability of delivery conditions
1. These terms of delivery are applicable since February 7, 2022.