I. Definitions

In these General Terms & Conditions the definitions will have the following meaning:

Client: the purchaser/party entering into an Agreement with Studio Pepe Heykoop, either a

Professional Purchaser or a Consumer.

Studio Pepe Heykoop: residing at Stoombootweg 42, 1035TW Amsterdam , the Netherlands,

Chamber ofCommerce number 67503705, VAT number NL001978294B68, which declares these

General Terms & Conditions to be applicable to the Agreement. Hereinafter: “SPH”.

Agreement: the agreement between the Client and SPH with regard to the sale and

delivery of products via the SHP webshop.

SPH webshop: the online shop through which SPH offers products for sale.

General Terms & Conditions: the terms of sale and delivery as formulated by SPH.

Consumer: the natural person which is not acting as a professional and/or for a company.

Professional Purchaser: the natural person which is acting as professional and/or for a

company or the legal entity entering into an Agreement with SHP.

Website: the website through which the SPH webshop is available.

Consumer Purchase: the purchase Agreement between SPHand a Consumer.

 

II. Applicability and amendments

1. These General Terms & Conditions exclusively apply to any and all offers, Agreements, sale

and deliveries of products by SPH through the SPH webshop. SPH explicitly rejects the

applicability of any other (general) terms. The Client explicitly acknowledges and accepts that

any other terms or conditions are not applicable.

2. SPH retains the right to amend the General Terms & Conditions unilaterally. Any

amendments to the General Terms & Conditions will be published on the Website.

3. With regard to the sale, purchase, delivery of special products, such as, but not limited to

products of which the price is provided upon request, limited editions and products of which

the purchase order/Agreement is not completed through the Webshop, SPH is entitled to

apply additional or other terms and conditions.

4. Deviation from or amendments to the General Terms & Conditions are only valid if recorded

in writing and if realized with the explicit agreement of SPH.

 

III. Offers and agreements

1. All offers made by SPH are noncommittal except in case of a Consumer Purchase, and are

subject to change, availability and the mentioned term of validity.

2. Unless SPH has explicitly accepted another manner of closing the Agreement, Agreements

are closed if Client has received a written (including e-mail) confirmation of his purchase bySPH.

SPH may refuse orders or attach certain conditions to the delivery, unless otherwise explicitly determined.

3. Acceptance of an offer or the purchase of a product implies that the Client accepts the

applicability of these General Terms & Conditions.

4. The Client carries full responsibility for providing SPH with the correct details in order to

enter into the Agreement.

5. SPH is entitled to assign third parties to execute the Agreement. These General Terms &

Conditions also apply to the relation with these third parties.

 

IV. Prices and payment

1. The prices published on the website for the products offered via/in the SPH webshop to

Clients residing in the EU are in Euros, include VAT and include costs of handling and

dispatch, applicable taxes or other duties, unless otherwise notified or agreed by SPH.

2. The prices published on the website for the products offered via/in the PSH webshop to

Clients residing outside the EU are in Euros, and include costs of handling and dispatch,

applicable taxes or other duties, unless otherwise notified or agreed by SPH.

3. Despite our efforts, a product of the SPH webshop can be mispriced. Rest assured, however,

that we verify prices as part of our dispatch procedures. If a product's correct price is lower

than our stated price, we charge the lower amount and send you the product. If a product's

correct price is higher than our stated price, we will, at our discretion, either contact you for

instructions before dispatch or cancel your order and notify you of such cancellation.

4. SPH is entitled to adjust the purchase price after confirmation of a purchase order/closure

of an Agreement if the prices for resources, wages, import duties, taxes or other external

costs (which may be caused by currency deviations) have risen. SPH will inform the Client as

soon as possible of such adjustment, after which the Client is entitled to terminate the

Agreement/cancel the purchase order, unless SPH and Client have agreed that delivery of

the products will take place more then 3 (three) months after confirmation of the purchase

order or if the price adjustment is compulsory by law.

5. Payment shall take place in (one of) the manner(s) indicated during the ordering process.

Your order may be governed by further (payment/ordering) conditions. The date of payment

is the date that payment has been received by SPH on its bank account. The term of delivery

starts after payment of the purchase order/ products has been received by SPH, unless

Parties have agreed otherwise.

6. Upon exceeding the term of payment, the Client is in default as of the day on which full

payment should have taken place and shall be bound to pay the applicable statutory interest

for Consumers or for Companies. All costs made by SPHfor debt collection caused by late,

incomplete or non-payment, including but not limited to extrajudicial and judicial costs, costs

for bailiffs, debt collection agencies, legal proceedings, councils and lawyers will be charged

to Client. The extrajudicial costs of debt collection shall amount up to 10% of the purchase

order with a minimum of €150,00 excluding VAT without prejudice to SPH's right to

alternatively claim the actual extrajudicial costs of debt collection.

7. Should the Client be in default of any payment, SPH is entitled to cancel (realisation of) the

Agreement in question and any connected agreements, or to have them rescinded.

 

V. Delivery

1. The term for delivery given by SPH is provided as an indication only and shall never

constitute a fixed or fatal deadline. Should a term for delivery be exceeded, this shall not give

the purchaser the right to claim compensation. Unless it concerns a Consumer Purchase,

SPH shall have to be notified in writing by Client for late delivery and shall have to be

granted a reasonable term for delivery before being in default.

2. Should delivery be delayed either because a product is (temporarily) out of stock, or for

other reasons, or should it not be possible to execute all or part of an order/Agreement, the

Client shall be notified of this no later than three weeks after payment of the purchase. The

purchaser shall in such a case have the right to cancel the order without incurring costs.

3. SPH determines the method of transport of the goods ordered via the SPH webshop,

unless otherwise agreed.

4. The risk of and the responsibility for the products transfer to the Client at the moment of

delivery. Delivery to the Client takes place at the moment that the products leave SPH

premises or storage. Products are considered to be delivered to a Consumer at the moment

the products are delivered at the address provided by the Consumer or in absence of

Consumer at the post-office, at Consumers neighbours or (with Consumers consent) another

third party.

5. If a delivery is rejected by a Client the costs arising from this rejection can be charged to

Client as well as the damages suffered by SPH.

 

VI. Cancellation of the purchase agreement

1. Purchase orders can only be altered or cancelled with SPH’s consent. If SPH has already

made expenses or has to make expenses caused by alteration of cancellation of the purchase

order, SPH is entitled to payment of these costs by the Client except in case of purchases as

mentioned in article VI.2 and VI.3.

2. In case of a distance sale Consumers are entitled to cancel the purchase agreement without a

given reason within 14 working days after receipt of the products. When returning products,

shipping costs are on the expenses of Consumer.

3. Consumers can only use the right to cancel the purchase agreement in case products are

returned in complete, undamaged, unused state and with the original packaging. The

returned products need to be in possession of SPH no later than on the 21st day after

receipt of the product by Consumer. The product to be returned needs to be stamped

sufficiently. The shipping risk and proof rest with the Client. In case of cancellation of a

distance sale by a Consumer as stated in VI.2 and VI.3, SPH will take care of repayment of

the purchase price as paid by Consumer within thirty days after receipt of the returned

product.

4. Article VI.2 and VI.3 are not applicable to the distance sale to Consumers regarding:

a. products of which the price is dependent on changes on the financial market which

cannot be influenced by SPH;

b. products which are produced according to the specifications of the Consumer or;

c. products that clearly have a personal character;

d. can not be returned because of the nature of the product.

5. Delivered products can only be returned after prior written consent of SPH and according to

the instructions given by SPH with regard to the manner of returning the products.

 

VII. Retention of title

1. All products supplied remain the property of SPH until the Client has complied fully with all

obligations towards SPH.

2. The Professional Purchaser shall only sell the products of which the property remains with

SPH, to third parties in the course of the usual business of this purchaser.

3. If the Professional Purchaser is in breach of one of his obligations arising from the Agreement

with SPH, or if SPH has reasonable doubt to believe that this purchaser will not fulfill its

obligations, SPH is entitled to recall delivered products from this purchaser or from third

parties which have the product(s) in possession for the purchaser. The purchaser shall

cooperate with SPH to recall the products in such case.

 

VIII. Defective products and complaints

1. SPH warrants that under normal use and in accordance with the user – or installation

instructions and taking into account the product specification the goods shall at the time of

the delivery to Client and for a period of 12 (twelve) months from the date of delivery, be

free from defects in material or workmanship and shall be conform to the product

specifications.

2. SPH products comply with the demands and functionalities that can reasonably be set for

such products if used in the regular manner and for the purposes intended for. Certain

products may be subject to minor deviations in shape and color, this depends on the material

from which the products are manufactured. SPH is considered to have met the obligation of

delivery in case of such minor deviations. All information and pictures with regard to the

colours, materials, sizes and details of the Products are to be considered as an indication of

the product. Minor deviations of these aspects can not be a cause for return of the product,

dissolution of the Agreement, price reductions or compensation of damages or costs.

3. Upon delivery, the Client is obliged to check whether the Products comply with the

Agreement. Should this not be the case, the Client shall notify SPH in writing including

motivation immediately in case of deviations in the outer appearance of the product, or

within 10 days of delivery in any other case. In case of a Consumer Purchase, Consumer shall

notify SPH of any defect within a period of 2 weeks after delivery.

4. In case the product is to be used outside the Netherlands the Client needs to verify whether

the product complies with the applicable demands and/or rules and regulations.

5. A complaint cannot be accepted if the product has been used contrary to the instructions for

use, the product has been used without care or has been used for a purpose other than that

for which it was designed and intended.

6. If SPH considers a complaint with regard to the quality requirements and quality standards

of the product supplied to be justified, SPH may choose to either accept return of the

product or to replace it by a same product, or to rescind the Agreement and credit the Client

for the invoice value of the product.

7. If as a result of a justified complaint, SPH has replaced the defective product, SPH is

considered to have delivered timely, even if a statutory period set by the Client has been

exceeded.

 

IX. Liability

1. SPH is not liable for damages caused by:

a. inexpert use of the delivered product or usage for other purposes then the purposes

for which the product is intended according to objective standards;

b. the provision of incorrect or incomplete information by the Client to SPH;

c. acts of third parties assigned by SPH with consent of the Client;

d. materials or services delivered by third parties upon request or with consent of the

Client;

e. misunderstandings, mutilation, delays or incomplete or abnormal receipt of orders

and messages as a consequence of use of the internet or any other means of

(electrical) communication.

2. SPH shall only compensate Client for damages caused as a direct consequence of an

attributable act or an attributable failure to act of SPH. SPH is not liable for indirect

damages and costs, for example but not limited to lost profits, consequential damages,

damages caused by delayed delivery, mutilated or destructed data or materials or lost

turnover. In case of a Consumer Purchase this restriction is only applicable as far as allowed

according to art. 7:24 sub 2 Dutch Civil Code (product liability).

3. SPH's total liability is limited to compensation of the amount that the insurance company

pays out to SPH. If the insurance company does not pay out any amount to SPH and SPH

is liable for compensation of damages according to this article IX, SPH’s total liability is

limited to compensation of the amount of the invoice with regard to the relevant product

delivery/purchase, which can, according to article II.3, be maximised by SPH to a specific

amount with regard to products of which the purchase price is provided to Client upon

request, limited editions or with regard to purchase orders/Agreements which are not

completed through the Webshop.

4. The Client shall indemnify SPH from the consequences of any claims by third parties arising

from the execution of the Agreement and which are caused by acts attributable to the Client.

5. The restrictions with regard to the liability in articles IX.1 – IX.4 are not applicable in case of:

a. damages caused by willful misconduct or gross negligence by SPH or its employees;

b. product liability as mentioned in Chapter 6 Title 3, paragraph 3 Dutch Civil Act.

X. Privacy policy

1. Personal Client information, obtained by SPH as a consequence of a purchase, will only be

saved and /or processed in order to fulfill its obligations arising from the Agreement, for

purposes of marketing by SPH and maintenance of a client relation with Client. In

processing the personal Client information SPH shall comply to the applicable rules and

regulations, in particular the Personal Data Protection Act. The registration of personal Client

information will be applied at the Dutch Data Protection Authority.

2. Client is at any time entitled to inspect its personal Client information. A request to inspect

this information should be sent to SPH at the following e-mail address: pepeheykoop@gmail.com

XI. Force Majeur

1. Force Majeur is taken to mean any shortcoming which may not be attributed to SPH

according to law, jurisprudence or generally accepted situations or circumstances. Force

Majeur is also taken to mean import or export prohibitions by or because of a government,

lack of or non-timely delivery by suppliers of SPH, strikes or extremely high absenteeism

through illness by SPH employees or suppliers.

2. In the event of a Force Majeur situation, SPH has the choice of either cancelling (further)

execution of the Client's order or rescinding the order without legal intervention, by

informing Client of this in writing and without being held to any form of liability for damages

or costs. The Client shall be obliged to pay for (part of) the product(s) that have been

delivered by SPH.

 

XII. Intellectual property rights

1. The Client acknowledges that SPH is the rightful owner and/or licensee with regard to the

relevant intellectual property rights concerning the (pictures of the) SPH products,

packaging, the website, texts, trademarks, trade names and logo’s, information, SPH

concepts and databases and shall entirely and unconditionally respect these rights. The

Client is prohibited to reproduce and/or make available to the public any of the protected

items without the prior written consent of SPH.

2. The Client is not allowed to transfer the Agreement or any rights arising from the Agreement

with SPH to third parties.

XIII. Applicable law and competent court

1. All rights, obligations, offers, orders and Agreements to which these terms apply, as well as

these General Terms & Conditions themselves, are governed by Dutch law only.

2. Any disputes between parties will be submitted to the jurisdiction of the competent Courts in

the Netherlands.