TERMS AND CONDITIONS
This website is operated by Studio Samira Boon. Throughout the site, the terms “we”, “us” and “our” refer to Studio Samira Boon. Studio Samira Boon offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Unless explicitly agreed upon otherwise, the prices charged by Studio Samira Boon are in Euros.
SECTION 4 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
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 Studio Samira Boon on its bank account. The term of delivery starts after payment of the purchase order/products has been received by Studio Samira Boon, unless parties have agreed otherwise.
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 Studio Samira Boon for 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,= excluding VAT without prejudice to Studio Samira Boons right to alternatively claim the actual extrajudicial costs of debt collection.
Should the Client be in default of any payment, Studio Samira Boon is entitled to cancel (realisation of) the Agreement in question and any connected agreements, or to have them rescinded.
For more detail, please review our Returns Policy.
SECTION 6- OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 7 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 10 – INTELLECTUAL PROPERTY RIGHTS
The Client acknowledges that Studio Samira Boon is the rightful owner and/or licensee with regard to the relevant intellectual property rights concerning the (pictures of the) Studio Samira Boon products, packaging, the website, texts, trademarks, trade names and logo’s, information, Studio Samira Boon 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 Studio Samira Boon.
The Client is not allowed to transfer the Agreement or any rights arising from the Agreement with Studio Samira Boon to third parties.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Studio Samira Boon, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Acceptance of an offer or the purchase of a product implies that the Client accepts the applicability of these General Terms & Conditions.
The Client carries full responsibility for providing Studio Samira Boon with the correct details in order to enter into the Agreement.
Studio Samira Boon is entitled to assign third parties to execute the Agreement. These General Terms & Conditions also apply to the relation with these third parties.
SECTION 12 - FORCE MAJEUR
Force Majeur is taken to mean any shortcoming which may not be attributed to Studio Samira Boon 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 Studio Samira Boon, strikes or extremely high absenteeism through illness by Studio Samira Boon employees or suppliers.
In the event of a Force Majeur situation, Studio Samira Boon 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 Studio Samira Boon.
SECTION 13 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 14 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Oostelijke handelskande 12m Amsterdam Noord-Holland The Netherlands 1019BM.
SECTION 15 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
SECTION 16 – DELIVERY
The term for delivery given by Studio Samira Boon 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, Studio Samira Boon 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.
With due observance of the provisions of the above section, Studio Samira Boon shall deliver accepted orders within a period of three weeks upon payment of the purchase by Client, unless agreed otherwise. 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. In case of a Consumer Purchase Studio Samira Boon shall deliver the product within a period of 30 days from the order date unless this is not possible as a consequence of circumstances which are not attributable to Studio Samira Boon.
Studio Samira Boon determines the method of transport of the goods ordered via the Studio Samira Boon webshop, unless otherwise agreed.
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 Studio Samira Boon 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.
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 Studio Samira Boon.
SECTION 17 - RETURNS
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging, in an unused and resell able condition.
Special products made to order are considered custom-made and can therefore not be returned.
To complete your return, we require a receipt or proof of purchase.
Any item not in its original condition is damaged or missing parts for reasons not due to our error.
Any item that is returned more than 30 days after delivery will not be accepted.
Purchase orders can only be altered or cancelled with Studio Samira Boons consent. If Studio Samira Boon has already made expenses or has to make expenses caused by alteration of cancellation of the purchase order, Studio Samira Boon is entitled to payment of these costs by the Client.
In case of a distance sale Consumers are entitled to cancel the purchase agreement without a given reason within 7 working days after receipt of the products. When returning products, shipping costs are on the expenses of 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 section 15 Studio Samira Boon will take care of repayment of the purchase price as paid by Consumer within thirty days after receipt of the returned product.
SECTION 18 - REFUNDS (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
SECTION 19 - LATE OR MISSING REFUNDS (if applicable)
If you haven’t received a refund yet, first check your bank account again.Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com.
SECTION 20 – SALE ITEMS (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
SECTION 21 – EXCHANGES (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org and after notificationvsend your item to: Oostelijke handelskade 12m Amsterdam Noord-Holland The Netherlands 1019BM.
SECTION 22 – GIFTS
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
SECTION 23 – SHIPPING
To return your product, you should mail your product to: Oostelijke handelskade 12m Amsterdam Noord-Holland The Netherlands 1019BM.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over €75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.