TERMS AND CONDITIONS Studio AMA WEBSHOP
Cooperative company with limited liability with a social purpose, STARTPUNT, with registered office at 9050 GENT, Kerkstraat 108 and company number 0479.058.749, acting under the name Studio AMA.
Responsible: Soraya WANCOUR
Phone Belgium: +32 477 42 09 36
E-mail: soraya @studioama.be
VAT identification number: BE 0479.058.749
Article 1: General provisions
The e-commerce website of Studio AMA offers its customers the possibility to purchase the products from its webshop online.
The following general terms and conditions apply to all orders placed.
- The agreement that binds the parties, consists of every distance contract that has been concluded between the entrepreneur and the consumer. The general terms and conditions will be brought to the attention of the consumer with each agreement.
- The text of these general terms and conditions may be made available to the consumer by electronic means.
- By placing an order through the Studio AMA web shop, the customer accepts these general terms and conditions without reservation and renounces any of his own general terms and conditions, even if these declare themselves to be the only ones applicable.
- The nullity of any provision of the general terms and conditions will not invalidate the agreement in its entirety. Only the null and void provision should be excluded.
Article 2: Price
All prices are indicated in EURO, always including VAT and all other taxes or duties that the customer is obliged to bear.
- It is possible that the price for certain products cannot be calculated in advance and that only a cost margin can be displayed. In this case, the price will be calculated as follows:
- All additional freight, delivery and postage costs are borne by the customer. The customer is aware that such additional costs may be due.
The indication of the price refers exclusively to the articles as described verbatim. The accompanying pictures are intended as decoration and may contain elements that are not included in the price.
Article 3: Offer
If an offer has only a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
- The online catalogue may contain information that is incomplete, contains material errors or is not up-to-date. Obvious mistakes or errors do not bind Studio AMA. With regard to the correctness and completeness of the information provided, Studio AMA is only bound by an obligation of means. Under no circumstances can it be held liable for material errors or printing errors.
If the customer has specific questions or requests about e.g. sizes, colour, availability, delivery time or delivery method, please contact Studio AMA in advance by e-mail.
The offer is always valid as long as stocks last. Studio AMA cannot be held liable for the unavailability of a product.
Article 4: Online purchases
Provide a concrete description of the ordering process via the webshop and the possible methods of payment.
Studio AMA is entitled to refuse an order due to a serious shortcoming on the part of the customer with regard to orders in which the customer is involved.
Article 5: Delivery and implementation of the agreement
- Description of the implementation of the agreement
- Delivery procedure
- Delivery time
- Delivery countries
- Delivery methods, duration and costs
- Arrival time
- The risk of damage and/or loss of products rests with Studio AMA until the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless explicitly agreed otherwise.
- Fit & Collect by Collectique
Select this shipping option and find your nearest Collectique point. There you can fit your order and easily return it. By selecting this shipping option, you can designate the Collectique point as a third party to take physical possession of the goods. This means that the withdrawal period of 14 days to cancel or return your order starts the day after you receive a message that your order has arrived at the Collectique point, unless the webshop allows a longer withdrawal period. Finally, you accept that your data will be shared with Collectique and the Collectique point selected by you for purposes related to your order processing. More information can be found on www.collectique.eu.
Article 6: Retention of title
The delivered items remain the exclusive property of Studio AMA until full payment has been made by the customer. It is therefore not possible for third parties to seize items that have not yet been paid for in full in any way. Any form of seizure is not binding on Studio AMA.
Article 7: Right of withdrawal
- The provisions of this article only apply to customers who, in their capacity as consumers, purchase items online from Studio AMA and not to retailers.
The customer has the right to withdraw from the contract within a period of 14 calendar days without giving any reason. The entrepreneur may ask the consumer about the reason for revocation, but does not oblige the consumer to give a reason for the revocation.
- The withdrawal period expires 14 calendar days after the day on which the customer or a third party other than the carrier and indicated by the customer acquires physical possession of the product.
In order to exercise the right of withdrawal, the customer must inform Studio AMA, with address in…….., telephone…… , e-mail…….. of his decision to withdraw from the contract by means of an unambiguous statement (e.g. written by post, fax or e-mail). The customer may also use the standard withdrawal form in accordance with Annex 2 Book VI and XIV of the Economic Code.
In order to comply with the withdrawal period, the customer must send his notice of exercise of the right of withdrawal before the end of the withdrawal period.
The customer must return the goods to Studio AMA forthwith, but in any case no later than 14 calendar days after the day on which he has informed Studio AMA of his decision to withdraw from the contract. The customer is on time if he returns the goods before the period of 14 calendar days has expired.
The direct costs of returning the goods shall be borne entirely by the customer.
If the returned product is depreciated in any way, Studio AMA reserves the right to hold the client liable and to claim compensation for any depreciation of the goods resulting from the use of the goods by the client that goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.
Only items that are in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be returned.
The customer cannot exercise the right of withdrawal for:
- the delivery or provision of goods or services of which the price is linked to fluctuations in the financial market over which Studio AMA has no influence and which may occur within the withdrawal period;
- the supply of goods manufactured to the customer's specifications, or which are clearly intended for a specific person;
- the delivery of goods which, after delivery, are irrevocably mixed by their nature with other products or odours.
Article 8: Guarantee
Under the Act of 21 September 2004 on the protection of consumers when selling consumer goods, consumers have legal rights. This legal guarantee applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.
In order to invoke the guarantee, the customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.
If a defect is discovered, the customer must inform Studio AMA as soon as possible. In any event, any defect must be reported by the customer within a period of 2 months after it has been identified.
The legal warranty does not apply to defects caused by accidents, neglect, falls, use of the item contrary to its intended use, non-compliance with the instructions for use or manual, modifications or alterations to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Problems that arise after a period of 6 months following the date of purchase, if any, delivery, are considered not to be hidden defects, unless the customer proves otherwise.
Article 9: Payment
All invoices of Studio AMA are payable within 15 calendar days after the invoice date in euro and to the account of Studio AMA at ……. on account number...
2. All invoices are deemed to be accepted if they are not protested by registered mail within 8 days.
- In the event of non-payment of the invoice within the above period, the consumer shall automatically and without prior notice pay default interest at the statutory rate. For merchants, the interest rate in commercial matters applies.
- In addition, the complaint shall also automatically and without notice be subject to a fixed compensation of 10% of the total amount involved, with a minimum of 100.00 euros per invoice.
- Without prejudice to the above, Studio AMA reserves the right to take back articles that have not been paid for in full, undamaged.
Article 10: Privacy
- You have a legal right of access to and possible correction of your personal data. If necessary, you can also request to correct the data that are incorrect, incomplete or irrelevant.
- We treat your data as confidential information and will not pass it on, rent or sell it to third parties.
Article 11: Evidence
The customer accepts that electronic communications and backups can serve as evidence.
Article 12: Applicable law - Disputes
- All disputes arising from this agreement will be handled exclusively in accordance with Belgian law.
- Only the courts of East Flanders, Ghent section, are competent to take cognizance of disputes arising from the agreement.