Terms & Conditions
GENERAL TERMS AND CONDITIONS of Summertime Studios - Traveling Dancer
Article 1 - Definitions
1.1. In these general terms and conditions, Summertime Studios, located in Amsterdam and registered under the Chamber of Commerce number 75299313, is referred to as the 'owner'.
1.2. When reference is made in these general terms and conditions to 'client', the other party is meant.
1.3. Agreement' refers to the contract of assignment under which owner delivers dance shoes or clothing to client against payment.
Article 2 - Applicability
2.1. These general terms and conditions apply to all quotations, agreements, resulting work, offers and invoices of owner.
2.2. These general terms and conditions also apply to third parties engaged by Owner to execute the agreement.
2.3. Owner reserves the right to change the general terms and conditions unilaterally. In this case, owner shall send new general terms and conditions to client, in which case the last version sent shall always apply. If the new version contains drastic changes, with adverse consequences for customer, customer has the right to dissolve the agreement.
2.4. Any general (purchase) conditions of customer are expressly rejected.
2.5. In the event that one or more of these provisions are (partly) void or annulled, the remaining provisions will remain fully applicable.
Article 3 - Quotations and offer
3.1. The period of validity of an offer is 14 calendar days, unless otherwise agreed.
3.2. Products that customer has placed in the webshop in the shopping basket, but has not paid, remain reserved for 14 calendar days.
3.3. If customer places an order, customer agrees to these general terms and conditions. For this purpose, before placing the order, customer must tick that she has taken note of the general terms and conditions.
3.4. The images of the products on the website are as truthful as possible. If an offer contains an additional description, this is sufficient to allow the customer to assess the offer. Due to the use of natural materials, such as leather, the colors and patterns of the products may differ from those shown in the images. Customer can therefore not derive any rights from depicted color or specifications mentioned in the description.
3.5. Owner cannot be held to (a certain part of) an offer if Customer could reasonably understand that it contains an obvious mistake or clerical error.
3.6 When the agreement is concluded via the webshop, Owner shall take appropriate security measures for electronic payment. Owner will also ensure a secure website and electronic data transfer.
Article 4 - Rates and payments
4.1. An agreement is entered into for a definite period, unless otherwise agreed.
4.2 Prices stated in the agreement include VAT, but exclude shipping costs, unless otherwise agreed.
4.3. When purchasing a product from the webshop, Owner shall ensure that a private customer has the option of paying at least half of the total amount in arrears.
4.4. Business customers must pay the entire agreed price in advance when placing an order.
4.5. The prices communicated by Owner when entering into the contract are based on the price level applicable at that time. If circumstances warrant, Owner shall be entitled to change prices. If prices are increased within three months and client is a private individual, client has the right to dissolve the agreement.
4.6. If customer has opted for post-payment, invoices must be paid within 14 calendar days of the invoice date, unless otherwise agreed or the invoice states a different payment term.
4.7. Customer is legally in default, if customer fails to fulfill her payment obligations within the set payment period. From the moment that customer is in default until the moment that the invoice is paid in full, customer shall owe statutory interest.
4.8. When Customer is in default or default, all reasonable costs incurred by Owner to collect the debt shall be borne by Customer.
4.9. If client is in a state of liquidation, bankruptcy or suspension of payments, all claims owner has on client shall be immediately due and payable.
Article 5 - Provision of information
5.1. Customer shall provide Owner with all necessary information, including shipping information, for the performance of the Agreement in a timely manner.
5.2. Customer guarantees the accuracy, completeness and reliability of the information supplied. This also applies to information supplied by third parties.
5.3. Owner will treat Customer's data confidentially.
5.4. If Customer provides incorrect data or fails to provide data in a timely manner, as a result of which the agreement cannot be performed or cannot be performed in its entirety or as a result of which there is a delay, any resulting additional costs shall be borne by Customer.
5.5. Customer shall indemnify Owner for all damages arising from failure to comply with the obligations under this Article.
Article 6 - Execution of the agreement
6.1. Owner shall execute the order to the best of its knowledge and ability. It shall not be liable for not achieving the result that Client intended.
6.2. Owner reserves the right to engage third parties to perform the agreed work.
6.3. Owner does not carry out assignments that are contrary to the law or inconsistent with its professionalism.
Article 7 - Modification and cancellation of business agreements.
7.1. If during the execution of the agreement it appears that it is necessary to change or supplement the work to be carried out, the parties will amend the agreement in good time and in consultation. In this case, Owner will send an additional quotation describing the addition or modification and the corresponding price. If the change or supplement results in additional costs, a change in quality or affects the time of completion, Owner shall notify Client.
7.2. If new facts or circumstances arise, which result in a disruption of the relationship of trust, owner is authorized to terminate the agreement with business customer. Owner shall in this case owe no compensation to customer.
7.3. If a business customer wishes to cancel the agreement, it must do so in writing.
7.4. If customer is a business customer and wishes to cancel the agreement, owner is entitled to charge 10% of the agreed price.
7.5. If a business customer indicates that he wishes to reschedule the order, the costs associated with this reschedule will be charged to the customer.
Article 8 - Right of withdrawal
8.1. If customer is a private person and buys a product at a distance, customer has a reflection period of 14 calendar days to dissolve the agreement without giving any reason.
8.2. The cooling-off period of 14 calendar days commences on the day after customer has received the product, or a last partial shipment, or when a third party designated by customer such as a pre-designated delivery point has taken delivery of the product for customer.
8.3. If customer uses the right of withdrawal, owner has the right to ask what the reason for dissolution was. However, Customer is not obliged to give this reason to Owner.
8.4. If the parties have concluded a business agreement, customer cannot use the right of withdrawal. If a business customer wishes to cancel the agreement, Article 7 shall apply.
Article 9 - Obligations during reflection period
9.1. Customer must handle products and packaging carefully during the reflection period. Customer must only unpack and use the product to the extent necessary to assess whether Customer wishes to keep the product. Thus, the product may only be inspected as permitted in a physical store.
9.2. If a product is damaged or used, and customer exercises her right of withdrawal, owner is entitled to charge the decrease in value, which has occurred as a result of this damage or use.
9.3. When customer exercises the right of withdrawal and returns the product, owner shall send a confirmation of receipt as soon as owner has learned from customer that customer wishes to rescind the agreement.
9.4. Once owner has received the returned product, and customer had already paid for the product, owner will refund this amount, at the latest within 14 calendar days after revocation. This refund will take place through the payment method that customer used to pay for the product, unless otherwise agreed upon.
Article 10 - Execution of revocation
10.1. If Customer wishes to exercise the right of withdrawal, Customer may do so using the model form made available by Owner on its website. However, Customer is not obliged to use this form to exercise her right of withdrawal.
10.2. After Customer has expressed her wish to exercise the right of withdrawal, Customer has 14 calendar days to return the product.
10.3. Customer bears the risk of loss or damage to the product during the return shipment. Customer is responsible for proving that customer has returned the product, e.g. by means of a shipping receipt from the parcel service.
10.4. The costs of returning the product will be borne by Customer.
Article 11 - Force majeure
11.1. Circumstances beyond what is stipulated by law are understood to mean: the prevention of the execution of the agreement due to circumstances that the parties cannot reasonably influence. Examples of force majeure include illness, accidents, fire, a pandemic, epidemic or government measures. The foregoing enumeration is not exhaustive.
11.2. If Customer is a private individual and there is a case of force majeure or other circumstances preventing the performance of the agreement, the obligations shall be suspended for as long as the parties cannot fulfill these obligations. In this case, the parties shall seek a suitable solution. The parties both have the right to dissolve, without any obligation of undoing, if a suitable solution is not found. Costs incurred and hours worked up to that point shall become immediately due and payable.
11.3. If customer is entrepreneur and there is force majeure or other circumstances that prevent the execution of the agreement from being completed (further), the execution of the agreement will be rescheduled. The payment obligation will then continue, unless otherwise agreed.
11.4. If the client wishes to reschedule the work because of a pandemic or epidemic, despite government measures not preventing the continuation (whether or not in modified form), the owner is entitled to pass on the related costs.
Article 12 - Liability.
12.1. Owner shall not be liable for damages arising from the agreement, unless such damages are caused by intent or gross negligence or involve product liability.
12.2. Owner is not responsible for damage resulting from work performed on the basis of incorrect or incomplete information provided by Customer or on behalf of Customer.
12.3. Owner is not liable for acts and actions of third parties, suppliers and carriers.
12.4. If after delivery of the product Customer does not handle the product with care or uses it inexpertly, Owner shall not be responsible for defects arising therefrom. This also applies if defects arise as a result of customer or a third party making changes to the product. Owner shall also not be liable for any consequential damages arising from such defects.
12.5. Client is responsible for checking the fabrics or materials from which the dance shoes or garments are made in connection with possible allergies. Owner is not liable for possible (consequences of) allergic reactions resulting from the use of a product.
12.6. Client is responsible for the proper storage and keeping of the products. The dance shoes are made of natural products, such as leather. Products should therefore be stored in a dry place to prevent defects and wear. If client does not follow this and other storage or usage advice, owner is not liable for any (consequential) damage.
12.7. Client is himself responsible for applying and following advice, for example advice regarding the maintenance of dance shoes or washing instructions for clothing.
12.8. If owner owes compensation for direct damage, the compensation will not exceed twice the price agreed in the agreement, unless reasonableness and fairness require otherwise.
12.9. Client shall indemnify Owner against any third party claims arising from the work performed or to be performed by Owner.
Article 13 - Product Liability
13.1. Notwithstanding Article 12, the following provisions regarding product liability in consumer sales shall apply as provided by law. Owner shall be liable for damage caused by a defect in its product, but this liability shall be limited to the following cases: bodily injury, damage resulting from death and damage to another object intended and used in the private sphere and caused by the defective product, if the damage exceeds 500 euros.
13.2. A product is assessed as defective, if it does not meet the safety requirements, which can be expected from the product. For the assessment of safety, at least the presentation, the reasonably expected use and the time of putting into circulation are taken into account. If a better product has been put on the market, an owner's product cannot be assessed as defective simply because of that reason.
13.3. If a private customer suffers damage, as defined in paragraph 1, it must prove the damage, the defect and the causal relationship between the defect and the damage.
13.4. Owner is not liable in any case, if one or more of the following legal exceptions apply to the situation:
Owner did not put the product into circulation;
It is not plausible that the defect in the product, which caused the damage, was present at the time Owner put the product into circulation. This applies even if it is plausible that the defect arose later. The circumstances should be considered in this assessment.
Owner did not produce the product for sale or any other economic purpose, nor was the product put into circulation on a business basis.
The defect in the product was caused, because it was made according to mandatory government regulations.
Based on the scientific and technical knowledge, which was knowable at the time the product was put into circulation, it was not possible to ascertain the existence of the defect.
13.5. If damages result from both the defect of the product, and the private customer's own fault, the owner's liability shall be mitigated or eliminated. This does not apply, however, if the damage is due to both the defect, and an act of a third party.
13.6. Notwithstanding Article 21.4, the possibility of filing a claim for damages based on this Article shall lapse after three years. This period begins on the day following the day on which the private customer is or should have been aware of the damage, the defect and the identity of owner. The right to compensation expires after ten years. This period shall commence on the day following the day on which Owner put the damage-causing product into circulation.
13.7. This article applies only to damage as defined in paragraph 1, and thus covers certain forms of consequential damage. If a private customer has purchased the product from a dealer of owner, and the product merely does not meet the characteristics that a customer may assume, the customer must contact the dealer for compensation.
13.8. The dealer, and thus business customer of owner and seller for the private customer, may in certain cases be held liable by the private customer for the damages described in paragraph 1. This is the case when it knew or should have known about the defect of the product, has indicated to the private customer that the defect is not present or the damage is less than 500 euros.
Article 14 - Intellectual property
14.1. All photos, descriptions and advice given by owner are subject to intellectual property rights, which remain with owner. Customer is not permitted to reproduce, publish, sell, disclose or supply photos, descriptions or advice to third parties outside the license granted, unless otherwise agreed.
14.2. If customer acts in violation of the provisions of this article, it shall be considered an infringement of owner's intellectual property rights. An infringement results in an immediately payable fee. This amounts to three times the usual license fee, without owner losing any right to compensation for other damages suffered. The compensation will be made known to customer by means of a letter of summons.
14.3. Ownership of a delivered product shall not rest with client until client has paid the full agreed price to owner.
Article 15 - Delivery
15.1. For shipping a product, owner assumes the information provided by client. If Client has provided an incorrect delivery address, Owner shall not be liable for any damage to or loss of the product ordered.
15.2. Owner shall ship products to delivery addresses worldwide, unless otherwise agreed upon.
15.3 Delivery shall be made via a postal or parcel service. After shipment, Customer will receive a 'track and trace' code from transport service to track the package and delivery date.
15.4. Delivery to business customers will be at the customer's risk.
15.5. Products will be shipped within 1 business day from the day of order, unless a different delivery date has been agreed upon, the order contains a pre-order, a product is out of stock or part payment is outstanding.
15.6. Owner reserves the right to deliver orders in parts.
15.7 If Owner cannot deliver a product within the specified time, Owner shall notify Customer. Customer shall then give Owner another reasonable time for performance. In case owner is still unable to deliver to customer after this period, customer shall be entitled to terminate the agreement.
Article 16 - Special provisions
16.1. Parties are both obliged to keep confidential all confidential information obtained in the context of the agreement. Information is confidential if this has been communicated or appears from the nature of the information provided.
Article 17 - Actions and offers
17.1. If there is an action or offer, for example by means of a discount code, and the period set by the owner for this action or offer has expired, the customer cannot make use of it retroactively.
17.2. Customer can use an active discount code only once.
17.3. It is not possible to combine different actions or offers, unless otherwise agreed.
Article 18 - Gift vouchers
18.1. Gift vouchers must be paid prior to issue.
18.2. The period of validity of a gift voucher is two years. After this period the value of the gift voucher expires.
18.3. When redeeming a gift voucher, the prices at the moment of exchange apply.
18.4 If when redeeming a gift certificate the value of the product is lower than the value of the gift certificate, the remaining amount is not given in cash. A gift certificate must therefore be redeemed at once.
18.5. Gift certificates cannot be returned if ordered by name or physically taken. An unused gift certificate is not redeemable for cash.
Article 19 - Complaints
19.1. If customer has a complaint, customer must make it known within 14 calendar days after the occurrence of the complaint in writing and with motivation. Owner will respond in writing within 14 calendar days of receiving the complaint.
19.2. Filing a complaint does not suspend the payment obligation.
19.3. If a product is damaged at the time of receipt, Customer must report this to Owner immediately so that it can repair the defect.
19.4. If Customer has a complaint, Customer can submit it through the European Union's ODR platform. However, Customer is not obliged to do so and Customer can also contact Owner directly to make her complaint known.
Article 20 - Warranty
20.1. Owner guarantees that the products ordered by customer comply with the agreement and reasonable quality requirements for normal use.
20.2. If Customer is a private individual, she is entitled to statutory warranty. In case of business purchases, warranty conditions are included in the contract.
20.3. If defects occur during the warranty period given by owner, they will be repaired only if the defects arose because the product is faulty and thus does not meet the requirements for normal use.
20.4. Several (raw) materials used by Owner for the products are natural materials with inherent certain properties. Materials may discolor or wear away, such as the suede on the sole of the dance shoes. This discoloration or wearing away is not covered by the warranty period if this is a cognizable characteristic of a particular raw material.
20.5. Customer can make a warranty claim in writing. Customer must enclose a copy of the proof of purchase and the products to be returned must always be complete. If the parties agree, a photo of the broken product will suffice.
Article 21 - Dispute resolution
21.1. These general terms and conditions are governed by Dutch law.
21.2 If a dispute arises between parties, they will first try to settle this dispute by mutual agreement. Parties will only appeal to the court if this fails.
21.3. Disputes between parties shall be submitted to the competent court in the district in which Owner is located, unless otherwise required by law.
21.4. Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against Owner and third parties involved shall be 12 months.