Terms of service
Terms of service
ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following definitions apply:
Cooling-off period:
The period during which the consumer may exercise their right of withdrawal.
Consumer:
The natural person who is not acting for purposes related to their trade, business, craft, or profession and enters into a distance contract with the entrepreneur.
Day:
Calendar day.
Long-term transaction:
A distance contract relating to a series of products and/or services where the obligation to supply and/or purchase is spread over time.
Durable medium:
Any means that allows the consumer or entrepreneur to store information directed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal:
The option for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur:
The natural or legal person offering products and/or services to consumers via distance selling.
Distance contract:
A contract concluded between the entrepreneur and the consumer within an organized system for distance selling where one or more means of remote communication are used until the moment the contract is concluded.
Means of remote communication:
A method that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same place.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Studio Zero Apparel
Chamber of Commerce (KvK): 42138437
VAT number: NL005526918B90
ARTICLE 3 – APPLICABILITY
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated that the terms and conditions are available for inspection at the entrepreneur’s premises and will be sent free of charge upon request.
If the contract is concluded electronically, the text of these terms and conditions may be provided electronically in such a way that the consumer can easily store them on a durable medium.
If specific product or service conditions apply in addition to these general terms and conditions, the above provisions apply accordingly. In the event of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.
ARTICLE 4 – THE OFFER
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer.
Obvious errors or mistakes in the offer are not binding on the entrepreneur.
Each offer contains sufficient information to make clear to the consumer what rights and obligations are associated with accepting the offer, including:
· the price including taxes
· any delivery costs
· the method by which the contract will be concluded
· whether the right of withdrawal applies
· the method of payment, delivery, and execution
· the validity period of the offer
· any applicable communication costs
· how the consumer can correct information provided before concluding the contract
ARTICLE 5 – THE CONTRACT
The contract is concluded at the moment the consumer accepts the offer and meets the associated conditions.
If the consumer accepts the offer electronically, the entrepreneur will confirm receipt of acceptance electronically without delay. Until this confirmation has been received, the consumer may dissolve the contract.
The entrepreneur will take appropriate technical and organizational measures to secure electronic data transfer and ensure a safe web environment.
Within legal frameworks, the entrepreneur may investigate whether the consumer can meet their payment obligations. If there are legitimate grounds, the entrepreneur may refuse an order or attach special conditions to its execution.
The entrepreneur will provide the following information with the product or service, in writing or on a durable medium:
a. the business contact information where complaints can be submitted
b. the conditions and procedure for exercising the right of withdrawal
c. information regarding warranties and after-sales service
d. the information referred to in Article 4
e. the requirements for terminating contracts with a duration longer than one year
For long-term transactions, this information is only provided with the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
When purchasing products, consumers in the EU have the right to dissolve the contract without stating reasons within 14 days.
This cooling-off period begins on the day after the consumer, or a previously designated representative, receives the product.
During this period the consumer must handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it.
If the right of withdrawal is exercised, the product must be returned with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the instructions provided by the entrepreneur.
Your purchases are subject to return solely in accordance with our Refund Policy which can be found on our website.
ARTICLE 7 – COSTS IN THE EVENT OF WITHDRAWAL
If the consumer exercises their right of withdrawal, the costs of returning the product are the responsibility of the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
The entrepreneur may exclude the consumer’s right of withdrawal only if this has been clearly stated before concluding the contract.
Exclusion of the right of withdrawal is possible for products:
a. made according to the consumer’s specifications
b. that are clearly personal in nature
c. that cannot be returned due to their nature
d. that spoil or age quickly
e. whose price depends on financial market fluctuations
f. individual newspapers or magazines
g. audio, video, or software products whose seal has been broken
Exclusion is also possible for services:
a. relating to accommodation, transport, catering, or leisure activities on a specific date
b. where delivery has begun with the consumer’s consent before the cooling-off period expires
c. relating to betting or lotteries
ARTICLE 9 – THE PRICE
During the validity period stated in the offer, prices will not be increased except due to changes in VAT rates.
Price increases within three months after concluding the contract are only permitted if they result from statutory regulations.
Price increases after three months are only permitted if:
a. they result from statutory regulations, or
b. the consumer has the right to terminate the contract as of the date the increase takes effect.
All prices mentioned in the offer include VAT.
ARTICLE 10 – CONFORMITY AND WARRANTY
The entrepreneur guarantees that products and/or services comply with the contract, the specifications stated in the offer, and the reasonable requirements of soundness and usability.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights the consumer may assert under the contract.
ARTICLE 11 – DELIVERY AND IMPLEMENTATION
The entrepreneur will exercise the utmost care when processing and fulfilling orders.
The delivery address is the address provided by the consumer.
Orders will be executed as quickly as possible, but no later than 30 days, unless a longer delivery period has been agreed.
If delivery of a product proves impossible, the entrepreneur will attempt to provide a replacement item. This will be clearly communicated at the time of delivery.
Studio Zero Apparel is not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
ARTICLE 12 – PAYMENT
Unless otherwise agreed, payment must be made within 14 days after the start of the cooling-off period.
When selling products to consumers, advance payments may not exceed 50% of the purchase price.
The consumer must report inaccuracies in payment information without delay.
In the event of default, the entrepreneur may charge reasonable costs previously communicated to the consumer.
ARTICLE 13 – COMPLAINTS PROCEDURE
The entrepreneur maintains a clear complaints procedure.
Complaints regarding the execution of the contract must be submitted fully and clearly described within a reasonable time after the consumer discovers the issue.
Complaints will be answered within 14 days. If more time is required, the consumer will receive a notice of receipt and an indication of when a detailed response can be expected.
The consumer must allow the entrepreneur 4 weeks to resolve the complaint before a dispute arises.
ARTICLE 14 – DISPUTES
All agreements between the entrepreneur and the consumer are exclusively governed by Dutch law. Disputes can be handled through the EU Online Dispute Resolution platform.
ARTICLE 15 – ADDITIONAL OR DEVIATING PROVISIONS
Additional or deviating provisions may not be to the consumer’s disadvantage and must be recorded in writing or on a durable medium.
ARTICLE 16 – INTELLECTUAL PROPERTY
All intellectual property rights relating to the website, its content, and the products offered belong to Studio Zero Apparel unless otherwise stated.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.
Without prior written consent from Studio Zero Apparel, it is not permitted to reproduce, publish, store, sell, or otherwise use any material from the website in any form.
ARTICLE 17 – FRAUD PREVENTION & ORDER VERIFICATION
To protect both the customer and Studio Zero Apparel from fraudulent transactions, Studio Zero Apparel reserves the right to verify orders before processing.
Studio Zero Apparel may request additional information or documentation to confirm the legitimacy of an order, including but not limited to identity verification or payment confirmation.
If sufficient verification cannot be obtained within a reasonable timeframe, Studio Zero Apparel reserves the right to cancel the order and refund the payment.
Studio Zero Apparel also reserves the right to refuse or cancel orders that appear to be fraudulent, abusive, or placed with the intent to exploit promotions or return policies.
ARTICLE 18 – LIMITATION OF LIABILITY
Studio Zero Apparel shall not be liable for indirect damages resulting from the use of the products supplied.
To the extent permitted by law, Studio Zero Apparel’s liability shall be limited to the amount paid by the consumer for the product in question.
Studio Zero Apparel is not responsible for delays or failures in delivery caused by circumstances beyond its reasonable control, including but not limited to:
· carrier delays
· customs inspections
· weather conditions
· strikes
· technical failures
· force majeure events
Nothing in these terms limits any mandatory consumer rights under applicable law.
ARTICLE 19 – WEBSITE USE & CONTENT
All information on the Studio Zero Apparel website is provided in good faith and for general informational purposes.
Studio Zero Apparel strives to ensure that all product descriptions, images, and prices are accurate. However, typographical errors, inaccuracies, or omissions may occasionally occur.
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
Studio Zero Apparel reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
The use of the website for unlawful activities, fraudulent purposes, or attempts to disrupt the website’s functionality is strictly prohibited.
ARTICLE 19 - RELATIONSHIP WITH SHOPIFY
Studio Zero Apparel is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Studio Zero Apparel . By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Studio Zero Apparel, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Studio Zero Apparel.
ARTICLE 20 – AGENTS
This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
ARTICLE 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@studiozeroapparel.com.
Our contact information is posted below:
Trading name: Studio Zero Apparel
Keizerstraat 3, 4132BA Vianen, Netherlands
Business registration number: 42138437
VAT ID: NL005526918B90