Terms & Conditions
TERMS AND CONDITIONS –
STUDIO WESTERWOUDT V.O.F.
These are our general terms and conditions. Together with the references contained herein, these terms and conditions apply to any offer, agreement that we, Studio WESTERWOUDT V.O.F. (registered with the Dutch Chamber of Commerce – Kamer van Koophandel – under number 60826444), enter into with you.
Should you have any questions, please do not hesitate to contact us via info@studiowesterwoudt.com. You can also reach us by phone: +316 422 849 40. We reserve the right to amend these terms and conditions from time to time. By entering into an agreement with us, you agree that the most recent version of our terms and conditions will always apply.
Article 1 - Products
We sell design furniture (such as dining tables, modular shelves and fire baskets) via our webshop on www.studiowesterwoudt.com, via telephone and reseller shops.
All images, specifications and other information about the products are an indication. Studio Westerwoudt does not guarantee that the displayed colours are represent the real colours of the products.
Some products are customized and may differ. We are not responsible for any inaccuracy on our website about designs, photo’s and other information about a product.
All offers of Studio Westerwoudt are non-binding. An offer consists of a description of products and services.
Article 2 – Orders
If you place an order via our webshop you must fill in personal information (name and address). You are responsible for the correctness of the information.
After you placed an order Studio Westerwoudt will send you a confirmation per email of the order.
You may change a product that you ordered within 24 hours after you received the confirmation of the order.
Studio Westerwoudt may refuse a request to change the product if that requires a significant amount of extra work in of quantity of quality aspect (such as changes of customized products).
Article 3 - Payments
The (total) price including VAT of our products are indicated in our webshop. After you ordered the product prizes will not be increased.
If you order a product as a professional within the Netherlands or Belgium, you must pay 60% of the price in advance. The remaining amount can be paid after delivery by wire transfer.
If you order a product outside the Netherlands or Belgium you must pay the total amount before delivery.
You can pay in our webshop via PayPal and credit card.
Article 4 - Delivery
You can find the costs for delivery per country on the website.
Ordered tables within the Netherlands will be assembled with delivery. Other products will be only delivered.
If you order products that must be delivered outside the Netherlands, the products will only be delivered and not assembled.
We will deliver/send the product to the address you have specified. Once we have dispatched your product, we can no longer amend the address.
Please ensure that all possible obstacles (such as closets, paintings, lamps) that may hinder the delivery of your products are removed. Also, cover fragile floors, walls and corridors and notify us of the fragility.
Studio Westerwoudt is not responsible for any damage from the moment of passing the first door or entrance. We are willing to place the product inside.
You must be present during delivery, otherwise we will charge cancellation costs.
If a product cannot be placed inside and other means of transportation are necessary (pulley block or removal lift), you must pay the costs.
We may cancel a delivery if the situation is irresponsible to deliver. Costs for transportation and other costs will be borne by you.
Delivery may take place at another moment then the given timeframe due to traffic or other unexpected situations.
Terms for delivery in the confirmation of the order are indicative. We undertake to deliver products as soon as possible. If a delivery is delayed, we will notify you in writing. We guarantee that you receive an order ultimately 150 days after the date of the order confirmation. If we do not meet that guarantee, you have the option to (a) request immediate refund of the purchase price for the product, or (b) request that we send a product (of equal value) that replaces the initial product.
If you do receive the products in an unsatisfactory condition please retain all relevant documentation so that an insurance claim can be made against the carriers insurers. If you receive damaged products / package, note that fact on the delivery note, even before you use / set up your furniture. If you are unable to open or install a damaged package / product in the presence of the carrier, make sure that you sign for it as 'damaged package - products not yet inspected', or something similar, so as to warn the carrier that a claim may be forthcoming.
Article 5 – Changing the Date of Delivery
You can always change the planned delivery date of a product, by sending an email to info@studiowesterwoudt.com. If you wish to change the planned delivery date within 24 hours before delivery you must pay cancellation costs of €75,- (including VAT).
Article 6 - Returns
If you ordered a product out of stock via our webshop, you may return the product within 14 days after you received the product. You can return the product by by sending an email to info@studiowesterwoudt. After we confirm that we have received such email, you undertake to send back the product within 14 days. We will fully refund the purchase price within 14 days of having received your returned product. Costs for return shipments shall be borne by you. In the period in which you can still decide to return a product, you shall exercise due care in handling the product and its packaging. You will only remove packaging and use the product to the extent that this is necessary to establish whether or not you want to keep the product. You must always return the product in the original and not damaged packaging. This does not apply to customized products and products ordered as a professional, as described in article 6.2 and 6.3
Customized products that are made in conformity to your specifications (such as sizes and colours) cannot be returned.
If you order a product as a professional the product cannot be returned.
Article 7 – Guarantees
Studio Westerwoudt warrants that what he delivers shall comply with the usual requirements and standards that may be stipulated in this respect at the time of delivery. Complaints about material or production defects will of course be dealt with.
You have a 12-month warranty on sheets and panels provided that all instructions are followed and executed.
This does not apply if a defect occurs to the goods delivered due to incorrect use.
This guarantee also does not apply if the defect is being caused by circumstances beyond Studio Westerwoudt’s control.
Lacquered or oiled wood (such as a tabletop or shelve) will wear out through normal use, this is no reason for complaint.
Excluded are scratches in the paint or cracks or cracks in the panel itself. Even with normal use, scratches and breaks in the lacquer finish can occur. These damages to edges and surface are not part of warranty because they are inherent to a lacquer finish.
A crack in a solid wood product is caused by drought in the room where it stands. Wood is a natural product. If it gets too dry in the room, the wood also gets drier and tears. When the humidity in the room gets higher, the wood attracts moisture and will not tear. The relative humidity fluctuates strongly under the influence of e.g. weather, heating and insulation. It is the responsibility of the customer to keep the humidity in the room where the furniture is placed constantly around 65%, at least between 50 and 70%, for example by means of air humidifiers and dehumidifiers.
Wood is a natural product and has all manner of colour variations, and whilst we go to great lengths to colour match as much as possible, we cannot guarantee any replication of colour from piece to piece.
However wood is a natural product, and removal of every single flaw would render the timber characterless. Accordingly, the Customer accepts there may be some flaws, such as small knots, small shakes (slight cracks which are a natural element of the timber), and other minor flaws which will not impair the performance.
Whilst Studio Westerwoudt goes to great lengths to ensure the timber has been correctly dried, movement in solid timber cannot be prevented. After fitting, small cracks may appear. This is entirely normal and is regarded as part of the natural beauty of the timber.
For the sake of clarity, timber is a natural product and will move / change over time and the customer expressly understands and accepts this.
Article 8 – Retention of title
Everything supplied by Studio Westerwoudt shall remain the property of Studio Westerwoudt until the total amount is paid.
Article 9 - Liability
Studio Westerwoudt is not liable in any way for damages and other claims directly or indirectly related to the installation and use of our products.
We are not liable for any damages that may be caused as a result of wrongful product information or you using the product. However, we are liable for damages that result from our willful misconduct or gross negligence. In any case, our liability will never exceed the amount of the product that have been ordered and paid by you.
If you wish to use products outside the Netherlands, you must verify yourself whether products are suited for use in such country and if the products comply with the terms and (legal) conditions that apply in that country.
Article 10 - Intellectual Property
All intellectual property (including: copyrights, wordmarks and trademarks) in relation to our text, photo’s, video’s or any other materials, are owned by us (or are used by us with permission of the owners). You shall refrain from any actions that may infringe these rights.
Article 11 – Force Majeure
Studio Westerwoudt is not obliged to comply in the event of force majeure.
Studio Westerwoudt may suspend the obligations, coming from the assignment, for as long as the force majeure continues. If this period continues or longer than 3 months, parties may cancel the assignment without the obligation to pay damages.
Article 12 - Complaints
If you have a complaint, we would like to hear that. Please file your complaint as soon as possible by sending a detailed description to info@studiowesterwoudt.com We will process your complaint as soon as possible, but in any event within 5 working days. Should it take longer to handle your complaint, you will receive a notification within 5 working days to confirm that we have received your complaint, together with an indication of when we expect to react. If we cannot settle a complaint amongst us, your complaint will be dealt with in accordance with the dispute section below.
In the event of a default and a complaint is filed in time, Studio Westerwoudt will recover, replace or compensate the default within reasonable time after Studio Westerwoudt received a notice in writing. If a complaint is notified later than 2 months after delivery, you will not have the right to replacement, repair or compensation.
Article 13 - Disputes
Dutch law applies to these terms except for the provisions of the Vienna Sales Convention. Any conflicts that may ensue form these terms, will be submitted to the jurisdiction of the Dutch Courts, in the district Amsterdam.