Terms and Conditions Studio Noos
Article 1. Definitions
Studio Noos is a private limited company with the aim of offering products brought to market by Studio Noos within the baby accessories industry, primarily focused on accessories and other related items in the broadest sense. In these Terms and Conditions, 'Customer' refers to the natural or legal person, acting in a professional or business capacity or otherwise, who makes use of the Services of Studio Noos. In these Terms and Conditions, 'Agreement' refers to the legal relationship between Studio Noos and Customer, in the broadest sense. In these Terms and Conditions, 'Services' refer to all products and services provided by Studio Noos and/or third parties engaged by Studio Noos to the Customer, as well as all other activities carried out by Studio Noos on behalf of the Customer, of any nature whatsoever, carried out within the scope of an assignment, including activities that are not explicitly requested by the Customer. In these Terms and Conditions, 'Website' refers to the Website www.studionoos.com.
Article 2. Applicability of the Terms and Conditions
The Terms and Conditions apply to all Agreements between Customer and Studio Noos, in which Studio Noos offers Services or delivers products. Deviations from the Terms and Conditions are only valid if explicitly agreed upon in writing with Studio Noos. The applicability of purchase or other conditions of the Customer is explicitly rejected, unless otherwise agreed upon in writing. The Terms and Conditions also apply to any additional or modified assignments from the Customer.
Article 3. The Agreement
All offers on the Website are entirely without obligation unless explicitly stated otherwise. The Customer can order the products produced by Studio Noos via the Website. The Agreement is established by placing the order. Studio Noos will send the Customer an order confirmation and an invoice. The products will then be delivered via Active Ants. If Studio Noos sends a confirmation to the Customer, this will be decisive for the content and interpretation of the Agreement, subject to obvious errors. Studio Noos cannot be held to its offer if the Customer can reasonably understand that the offer, or any part of it, contains an obvious mistake or error. If the Customer makes notes or provides feedback on the quotation from Studio Noos, they do not form part of the Agreement unless Studio Noos confirms this in writing.
Article 4. Execution of the Agreement
Studio Noos will make every effort to perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship, as much as possible in line with the written agreements made.
Studio Noos has the right to have certain activities performed by third parties.
When engaging third parties, Studio Noos will exercise the necessary care and will, to the extent reasonably possible and customary in the relationship with the Customer, consult with the Customer. The costs of engaging these third parties are for the Customer's account and will be passed on by Studio Noos to the Customer.
The Customer ensures that all information, which Studio Noos indicates is necessary or which the Customer should reasonably understand is necessary for the execution of the Agreement, is provided to Studio Noos in a timely manner. If the information required for the execution of the Agreement is not provided to Studio Noos in time, Studio Noos has the right to suspend the execution of the Agreement and/or charge the additional costs resulting from the delay to the Customer according to the then customary rates. The Customer ensures that Studio Noos can perform its Services in a timely and proper manner. If the Customer fails to meet these obligations, they are required to compensate for the resulting damages. If a term has been agreed or specified for the execution of Services, this is never a strict deadline. If the term is exceeded, the Customer must notify Studio Noos in writing. Studio Noos must then be allowed a reasonable period to still execute the Agreement.
Article 5. Amendment of the Agreement
If, during the execution of the Agreement, it becomes clear that it is necessary to change or supplement it for proper execution, Studio Noos and Customer will proceed to adjust the Agreement in a timely manner and by mutual agreement.
If the Agreement is amended, including an addition, this constitutes an additional assignment. A separate agreement regarding the remuneration will be made in advance for this additional assignment. Without an additional quotation, the original terms apply, with the additional Services being paid at the usual rate.
Failure to immediately execute the amended Agreement does not constitute a breach by Studio Noos and is not a reason for the Customer to terminate or dissolve the Agreement. Changes to the originally concluded Agreement between Studio Noos and the Customer are only valid from the moment they have been accepted by both parties through a supplementary or amended Agreement. This amendment is made in writing.
Article 6. Suspension, Dissolution, and Early Termination of the Agreement
Studio Noos is authorized to suspend the fulfillment of its obligations or to dissolve the Agreement if the Customer does not, not fully, or not timely fulfill the obligations under the Agreement, or if Studio Noos has good reason to fear that the Customer will fail to fulfill those obligations. Furthermore, Studio Noos is authorized to dissolve the Agreement if circumstances arise of such a nature that fulfillment of the Agreement is impossible or if unaltered maintenance of the Agreement cannot reasonably be required. If the Customer does not fulfill their obligations under the Agreement, and this non-fulfillment justifies dissolution, Studio Noos is entitled to dissolve the Agreement immediately without any obligation to pay any damages, while the Customer is obliged to pay damages as a result of default.
Article 7. Cancellation
Cancellation of the Agreement is possible up to 14 days after the signing of the quotation or the placing of the order if the Agreement was concluded remotely, and the Customer is a natural person not acting in the exercise of their profession or business. Cancellation is no longer possible if an email has been sent stating that the Product has been shipped, with the time of receipt of this message by the Customer being decisive.
Article 8. Costs, Fees, and Payment
All amounts mentioned in the quotation or on the website are in euros and include VAT unless otherwise stated. Studio Noos has the right to correct obvious typing errors in the pricing. Payment is made via iDeal, Credit Card, or bank transfer.
For orders within the Netherlands, Studio Noos charges a €4.95 shipping fee. If the order exceeds €49.95, Studio Noos will not charge shipping costs within the Netherlands, Belgium, and Germany. All invoices must be paid within 14 days unless otherwise agreed upon. The Customer is obliged to immediately notify Studio Noos of any inaccuracies in the payment details provided. If the Customer fails to make timely payment of an invoice, they are in default by law, without further notice of default being required. The Customer then owes the statutory interest. The interest on the due amount will be calculated from the moment the Customer is in default until full payment of the due amount. If Studio Noos decides to recover a claim due to non-payment of one or more unpaid invoices through legal channels, the Customer, in addition to the principal sum and the interest mentioned in paragraph 7 of this article, is also obliged to reimburse all reasonable judicial and extrajudicial costs incurred. The reimbursement of incurred judicial and extrajudicial costs is determined in accordance with the then-applicable regulations regarding compensation for extrajudicial collection costs.
Article 9. Shipping and Delivery
If an order is lost or received damaged, an appropriate solution will be sought in mutual consultation. Studio Noos determines the method of transport and packaging. Studio Noos may choose to deliver the Products personally but may also choose delivery via PostNL or another courier. Orders are handled by the Parcel Factory. Studio Noos’s delivery period is approximately one (1) to three (3) working days within the Netherlands, depending on the order. The delivery period is not a strict deadline. If the Products are available for the Customer after the delivery period but are not taken by them, the Services will be stored at the Customer's risk and expense, regardless of the reason for non-receipt. Business customers are required to inspect the delivered Product upon delivery, or at least within 24 hours after delivery, to determine if the quality and quantity match the Agreement. Any errors or inaccuracies must be reported to Studio Noos within 24 hours, along with proof of purchase. If this does not occur within 24 hours, Studio Noos cannot be expected to send a new order.
Article 10. Returns
Products can be returned within fourteen (14) days of receipt without stating a reason, provided the Agreement was concluded remotely, and the Customer is a natural person not acting in a professional or business capacity. The entire amount paid by the Customer, excluding shipping costs, will be refunded within fourteen (14) days of receipt of the Product. The Customer must handle the received product carefully during these fourteen (14) days. If the Customer decides to return the Products and it is unnecessary to remove the packaging, Studio Noos requests that they refrain from doing so. It is essential to return the product in its original packaging and unused. Damage may result in a charge. The Customer may return the Product via a chosen postal company. The costs and risks of return are borne by the Customer.
Article 11. Liability
The Customer is responsible for providing accurate and representative information necessary for the execution of the Agreement. Studio Noos is not liable for damages, including incorrect orders, if the Customer has provided incorrect, non-representative, or irrelevant information. Although every effort will be made to meet the delivery term, Studio Noos is never liable for the consequences of exceeding the specified delivery period on the Website, in the confirmation email, or elsewhere. Exceeding the term does not entitle the Customer to cancel the Products or refuse receipt or payment, nor is Studio Noos liable for any compensation. Studio Noos is not liable for errors or omissions of third parties engaged by it.
Terms of Service
