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01
definitions
Studio True Stories: Studio True Stories, located in Almere, Chamber of Commerce number 74335650.
Client: the party with whom Studio True Stories has entered into an agreement.
Parties: Studio True Stories and the Client together.
Consumer: a Client who is also an individual acting as a private person.
02
applicability
These terms and conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Studio True Stories.
Studio True Stories and the Client can only deviate from these conditions if they have agreed to do so in writing.
Studio True Stories and the Client expressly exclude the applicability of the general terms and conditions of the Client or of any third party.
03
offers & quotations
Offers and quotations from Studio True Stories are without obligation unless expressly stated otherwise in the offer.
An offer or quotation is valid for a maximum of 2 months, unless a different period is stated in the offer or quotation.
If the Client does not accept an offer or quotation within the applicable period, the offer or quotation will expire.
Offers and quotations do not apply to reorders, unless Studio True Stories and the Client agree on this in writing.
04
acceptance
Upon acceptance of a non-binding quotation or offer, Studio True Stories may withdraw the offer or quotation within 3 days of receipt of the acceptance without the Client being able to derive any rights from it.
Verbal acceptance by the Client only binds Studio True Stories after the Client has confirmed it in writing or electronically.
05
prices
Studio True Stories applies prices in euros, including VAT and excluding any additional costs such as administration or shipping costs, unless otherwise agreed in writing.
Studio True Stories may always change the prices of its services and products on its website and in other expressions.
Studio True Stories and the Client agree on a total amount as an indicative price for a service provided by Studio True Stories, unless otherwise agreed in writing.
Studio True Stories may deviate up to 10% from the indicative price.
Studio True Stories must inform the Client in a timely manner why a higher price is justified when the indicative price is going to exceed 10% more.
The Client may cancel the part of the order that exceeds the indicative price (increased by 10%) when the indicative price is going to exceed 10% more.
Studio True Stories may adjust prices annually.
Studio True Stories will communicate price adjustments to the Client prior to their implementation.
A consumer may rescind the agreement with Studio True Stories if they do not agree with the price increase.
06
Payments & Payment Term
Studio True Stories may require a deposit of up to 50% of the agreed amount when entering into the agreement.
The Client must have completed payment within 14 days after delivery.
The payment terms used by Studio True Stories are strict deadlines. This means that if the Client does not pay the agreed amount by the last day of the payment term at the latest, they are automatically in default, without Studio True Stories having to send a reminder or put the Client in default.
Studio True Stories may make a delivery contingent upon immediate payment or require a guarantee for the total amount of the services or products.
The Client shall pay for products directly.
Studio True Stories may require a deposit of up to 50% of the agreed amount when entering into the agreement for a service.
The Client must pay invoices within 14 days of the invoice date to Studio True Stories, unless otherwise agreed or if a different payment term is stated on the invoice.
The aforementioned payment terms are strict deadlines. Therefore, if the Client fails to pay the amount by the last day of the payment term at the latest, they are automatically in default, without Studio True Stories having to send a reminder or put the Client in default.
Studio True Stories may make a delivery contingent upon immediate payment or require a guarantee for the total amount of the service.
07
right of complaint
When the Client is in default, Studio True Stories may invoke the right of complaint with respect to the unpaid products delivered to the Client.
Studio True Stories exercises its right of complaint through a written or electronic communication to the Client.
Once the Client has been notified of the invoked right of complaint, they must immediately return the concerned products to Studio True Stories, unless otherwise agreed in writing.
The Client pays the costs for retrieving or returning the products mentioned in clause 3.
08
right of withdrawal
A consumer may cancel an online purchase within 14 days after receiving the product without giving any reason. This right of withdrawal does not apply when:
The 14-day reconsideration period mentioned in clause 1 starts:
The consumer can exercise their reconsideration period by sending an email on this subject to speak@studiotruestories.com, optionally using the withdrawal form available on the website of Studio True Stories, https://www.studiotruestories.com/.
The consumer is obliged to return the product to Studio True Stories within 14 days after making known their decision to withdraw, failing which their right of withdrawal will lapse.
the product has been used;
it is a product that can spoil quickly, such as food or flowers;
it is a product that has been customized or personalized for the consumer;
it is a product that cannot be returned for hygienic reasons, such as underwear and swimwear;
the seal is not intact when it concerns data carriers with digital content such as DVDs or CDs;
the product or service is related to accommodation, travel, restaurant business, transportation, catering, or a form of leisure activity;
the product is a single magazine or newspaper;
it concerns an emergency repair;
it concerns betting or lotteries;
the consumer has waived their right of withdrawal;
it concerns a service that has been fully performed within the reconsideration period with the consumer's consent, and the consumer has expressly stated that they waive their right of withdrawal.
on the day after the consumer has received the last product or part of one order;
as soon as the consumer has entered into a service agreement;
as soon as the consumer has confirmed that they will download digital content from the internet.
A consumer may cancel an online purchase within 14 days after receiving the product without giving any reason. This right of withdrawal does not apply when:
The 14-day reconsideration period mentioned in clause 1 starts:
The consumer can exercise their reconsideration period by sending an email on this subject to speak@studiotruestories.com, optionally using the withdrawal form available on the website of Studio True Stories, https://www.studiotruestories.com/.
The consumer is obliged to return the product to Studio True Stories within 14 days after making known their decision to withdraw, failing which their right of withdrawal will lapse.
the product has been used;
it is a product that can spoil quickly, such as food or flowers;
it is a product that has been customized or personalized for the consumer;
it is a product that cannot be returned for hygienic reasons, such as underwear and swimwear;
the seal is not intact when it concerns data carriers with digital content such as DVDs or CDs;
the product or service is related to accommodation, travel, restaurant business, transportation, catering, or a form of leisure activity;
the product is a single magazine or newspaper;
it concerns an emergency repair;
it concerns betting or lotteries;
the consumer has waived their right of withdrawal;
it concerns a service that has been fully performed within the reconsideration period with the consumer's consent, and the consumer has expressly stated that they waive their right of withdrawal.
on the day after the consumer has received the last product or part of one order;
as soon as the consumer has entered into a service agreement;
as soon as the consumer has confirmed that they will download digital content from the internet.
09
Reimbursement of delivery
If the consumer has timely revoked their purchase and has returned the complete order to Studio True Stories on time, Studio True Stories will refund any shipping costs paid by the consumer within 14 days after receiving the timely and completely returned order.
The costs of delivery will only be borne by Studio True Stories if the complete order is returned.
10
Reimbursement of return
If the consumer exercises their right of withdrawal and returns the entire order on time, the customer is responsible for the return costs.
11
suspension right
Unless the customer is a consumer, they hereby waive the right to suspend the fulfillment of any obligation arising from this agreement.
12
right of retention
Studio True Stories may exercise its right of retention by keeping the customer's products until the customer has settled all outstanding invoices with Studio True Stories unless the customer has provided sufficient security for these costs.
The right of retention also applies based on previous agreements which have left the customer owing money to Studio True Stories.
Studio True Stories is not liable for any damage the customer may suffer as a result of exercising its right of retention.
13
setoff
Unless the customer is a consumer, they waive the right to offset any debt to Studio True Stories with a claim against Studio True Stories.
14
retention of title
Studio True Stories remains the owner of all delivered products until the customer has paid all outstanding invoices relating to an underlying agreement with Studio True Stories, including claims for failure to perform.
Until the time mentioned in clause 1, Studio True Stories may invoke its retention of title and reclaim the goods.
Before the ownership has transferred to the customer, the customer may not pledge, sell, alienate, or otherwise encumber the products.
When Studio True Stories exercises its retention of title, the agreement is deemed to be rescinded, and Studio True Stories may demand compensation, lost profits, and interest from the customer.
15
delivery
Delivery shall take place while supplies last.
Delivery occurs at Studio True Stories unless agreed otherwise.
Delivery of online ordered products shall be made to the address specified by the Customer.
If the Customer does not pay the agreed amounts, or does not do so in time, Studio True Stories may suspend its obligations until the payment is made by the Customer.
In the event of late payment, the Customer is in creditors' default, which means that the Customer cannot hold Studio True Stories responsible for any delayed delivery.
16
delivery time
The delivery times provided by Studio True Stories are indicative. If delivery is late, the Customer cannot derive any rights from this unless otherwise agreed in writing.
The delivery time commences when the Customer’s acceptance of the quote is confirmed in writing or electronically by Studio True Stories to the Customer.
The Customer is not entitled to compensation and cannot rescind the agreement if Studio True Stories delivers later than agreed. However, the Customer can rescind the agreement if this has been agreed in writing or if Studio True Stories cannot deliver within 14 days after being notified in writing, or if something else has been agreed between the Customer and Studio True Stories.
17
actual delivery
The Customer must ensure that the actual delivery of the ordered products can take place on time.
18
transport costs
The Customer shall bear the costs of transport unless otherwise agreed in writing with Studio True Stories.
19
packaging & shipping
If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before accepting the product. If the Customer fails to do so, they cannot hold Studio True Stories liable for any damages.
If the Customer arranges the transport of a product themselves, they must report any visible damage to the products or the packaging to Studio True Stories before transportation. If the Customer fails to do so, they cannot hold Studio True Stories liable for any damages.
20
insurance
The Customer shall sufficiently insure and keep insured the following items against fire, explosion and water damage, and theft, among other things:
Upon the first request of Studio True Stories, the Customer shall provide the policy of these insurances for inspection.
The Customer shall sufficiently insure and keep insured the following items against fire, explosion and water damage, and theft, among other things:
Upon the first request of Studio True Stories, the Customer shall provide the policy of these insurances for inspection.
items delivered that are necessary for the execution of the underlying agreement;
items belonging to Studio True Stories that are present at the Customer’s location;
items that have been delivered under retention of title.
21
storage
If the Customer takes delivery of ordered products later than the agreed delivery date, the risk of any quality loss is entirely for the Customer.
Any additional costs as a result of premature or delayed acceptance of products are entirely at the Customer's expense.
22
warranty
When the Customer and Studio True Stories have entered into an agreement of a service-providing nature, it contains only an obligation of effort and not an obligation of result for Studio True Stories.
The warranty on products applies only to defects caused by faulty manufacture, construction, or material.
The warranty does not apply:
The risk of loss, damage, or theft of the products that Studio True Stories delivers transfers to the Customer as soon as these are legally or actually delivered, or at least come into the Customer's possession or that of a third party taking receipt of the product for the Customer.
When the Customer and Studio True Stories have entered into an agreement of a service-providing nature, it contains only an obligation of effort and not an obligation of result for Studio True Stories.
The warranty on products applies only to defects caused by faulty manufacture, construction, or material.
The warranty does not apply:
The risk of loss, damage, or theft of the products that Studio True Stories delivers transfers to the Customer as soon as these are legally or actually delivered, or at least come into the Customer's possession or that of a third party taking receipt of the product for the Customer.
in the case of normal wear and tear;
for damage resulting from accidents;
for damage resulting from modifications made to the product;
for damage due to negligence or unskilled use by the Customer;
when the cause of the defect cannot be clearly established.
23
execution of the agreement
Studio True Stories shall execute the agreement to the best of its insight and ability and in accordance with the requirements of good craftsmanship.
Studio True Stories may have the agreed services carried out in whole or in part by third parties.
The execution of the agreement takes place in consultation and after written agreement and payment of any advance by the Customer.
The Customer shall ensure that Studio True Stories can start the execution of the agreement on time.
If the Customer does not ensure that Studio True Stories can start on time, the resulting additional costs will be at the Customer's expense.
24
information provision
The Customer shall provide all information, data, and documents that are relevant for the correct execution of the agreement in a timely manner, in the desired form, and in the desired manner to Studio True Stories.
The Customer is responsible for the accuracy and completeness of the provided information, data, and documents, even if they originate from third parties, unless the nature of the agreement dictates otherwise.
Upon the Customer’s request, Studio True Stories will return the relevant documents.
If the Customer fails to provide, or provides late or improper, the information, data, or documents which Studio True Stories reasonably requests and if this results in a delay in the execution of the agreement, then the ensuing additional costs and extra hours will be charged to the Customer.
25
duration service agreement
The agreement between Studio True Stories and the Customer concerning a service or services is entered into for an indefinite period unless the nature of the agreement dictates otherwise or otherwise agreed.
When the Customer enters into a fixed-term agreement, this will be converted to an indefinite term agreement after the expiration of the term, unless one of the parties terminates the agreement with a notice period of 2 months, or a consumer terminates the agreement with a notice period of 1 month, resulting in the automatic termination of the agreement.
26
termination service
The Customer may terminate an indefinite service agreement with a notice period of 2 months.
A consumer may terminate an indefinite service agreement with a notice period of 1 month.
27
intellectual property
Studio True Stories retains all intellectual property rights on all designs, drawings, writings, data carriers or other information, quotes, images, sketches, models, and maquettes, unless otherwise agreed.
The Customer may not show, make available to others, or otherwise use the intellectual property rights in subsection 1 without the prior written consent of Studio True Stories.
28
penalty clause
If the Customer violates the confidentiality or intellectual property articles, they must pay an immediately due fine to Studio True Stories for each violation.
If the Customer is a consumer, the fine in subsection 1 is: €1,000.
If the Customer is not a consumer, the fine in subsection 1 is: €5,000.
In addition, the Customer must pay an amount of 5% of the applicable amount in subsection 2 or 3 for each day that the violation continues.
The Customer must pay the fine in subsection 1 without the need for a default notice or judicial procedure, and without the need to demonstrate the existence of any damage.
Studio True Stories may demand compensation for damages from the Customer in addition to the fine in subsection 1.
29
Indemnification
The Customer indemnifies Studio True Stories against all claims by third parties related to the products and/or services provided by Studio True Stories.
30
complaints
The Customer must inspect a product provided or service rendered by Studio True Stories as soon as possible for any deficiencies.
If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform Studio True Stories of this within one month after detecting the deficiency.
A consumer must inform Studio True Stories of the deficiency at the latest within two months after detecting it.
The Customer must provide as detailed a description of the deficiency as possible, so that Studio True Stories can respond appropriately.
The Customer must prove that the complaint relates to an agreement between the Customer and Studio True Stories.
If a complaint is about ongoing work, then the Customer cannot demand that Studio True Stories perform other tasks than agreed upon.
31
notice of default
The Customer must communicate any notice of default in writing to Studio True Stories.
The Customer is responsible for ensuring that the notice of default actually reaches Studio True Stories on time.
32
customer liability
When Studio True Stories enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the obligations in that agreement.
33
Liability Studio True Stories
Studio True Stories is only liable for damage suffered by the Customer when such damage is caused by intentional or deliberate recklessness.
When Studio True Stories is liable for damage, it is only for direct damage related to the execution of an underlying agreement.
Studio True Stories is not liable for indirect damage, such as consequential damage, lost profit, or damage to third parties.
If Studio True Stories is liable, this liability is limited to the amount paid out by an (occupational) liability insurance policy. If no insurance has been taken out or no compensation is paid, then the liability is limited to the (portion of the) invoice amount to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative and cannot lead to any compensation, dissolution, or suspension of the agreement.
34
expiry period
Any right of the Customer to compensation from Studio True Stories expires 12 months after the event from which the liability arises, directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.
35
dissolution
The Customer may dissolve the agreement if Studio True Stories fails attributably in the performance of its obligations, unless this shortcoming does not justify the dissolution due to its special nature or minor significance.
If the performance of the obligations by Studio True Stories is still possible, then dissolution can only take place after Studio True Stories is in default.
Studio True Stories may dissolve the agreement with the Customer if the Customer does not fulfill the obligations of the agreement in full or on time, or if Studio True Stories becomes aware of circumstances that give it good ground to fear that the Customer will not fulfill his obligations.
36
force majeur
In addition to Article 6:75 of the Dutch Civil Code, a default of Studio True Stories cannot be attributed to Studio True Stories if there is a force majeure situation.
Force majeure includes, among other things:
If a force majeure event occurs that prevents Studio True Stories from fulfilling one or more obligations to the Customer, those obligations are suspended until Studio True Stories is able to comply.
If a force majeure situation lasts at least 30 calendar days, both the Customer and Studio True Stories may terminate the agreement in whole or in part in writing.
Studio True Stories is not obliged to pay compensation in a force majeure situation, even if Studio True Stories benefits from it.
In addition to Article 6:75 of the Dutch Civil Code, a default of Studio True Stories cannot be attributed to Studio True Stories if there is a force majeure situation.
Force majeure includes, among other things:
If a force majeure event occurs that prevents Studio True Stories from fulfilling one or more obligations to the Customer, those obligations are suspended until Studio True Stories is able to comply.
If a force majeure situation lasts at least 30 calendar days, both the Customer and Studio True Stories may terminate the agreement in whole or in part in writing.
Studio True Stories is not obliged to pay compensation in a force majeure situation, even if Studio True Stories benefits from it.
A state of emergency such as a civil war or natural disaster
Non-performance or force majeure of suppliers, carriers, or others
Failures in electricity, internet, computer, or telecommunications
Computer viruses
Strikes
Government measures
Transportation issues
Adverse weather conditions
Work interruptions
37
amendment of agreement
If it is necessary for the execution to amend an agreement, the Customer and Studio True Stories can adjust the agreement.
38
amendment general terms
Studio True Stories may change these general terms and conditions.
Studio True Stories can always implement changes of minor importance.
Substantial changes will be discussed with the Customer as much as possible in advance.
A consumer may terminate the underlying agreement if there is a substantial change in the general terms and conditions.
39
transfer of rights
The Customer cannot transfer rights from an agreement with Studio True Stories to others without the written permission of Studio True Stories.
This provision acts as a clause with property law effects as referred to in Article 3:83(2) of the Dutch Civil Code.
40
consequences of nullity
If one or more provisions of these general terms and conditions prove to be null or voidable, this does not affect the remaining provisions of these terms and conditions.
A provision that is null or voidable will in that case be replaced by a provision that comes closest to what Studio True Stories had in mind when drafting the conditions on that point.
41
applicable law
Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and Studio True Stories.
The court in the district where Studio True Stories is located has exclusive jurisdiction to hear any disputes between the Customer and Studio True Stories unless the law stipulates otherwise.
THese terms & conditions Were LAST MODIFIED ON NOVEMBER 1, 2023.
speak@studiotruestories.com