Natural, sustainable and handcrafted products with a story.

Terms & Conditions Shop

Identity of the entrepreneur

Nightingale-Studio is part of ZoWeerThuis


Nightingale-Studio
Address: Nachtegaallaan 15
3871HJ Hoevelaken
Phone: +316-41220736
Email: info@Nightingale-Studio.com
Chamber of commerce number: 63590522
VAT number: NL002137788B28
Bank: Knab
IBAN: NL07KNAB0257292861

 

  1. Applicability
    1. These General Terms and Conditions apply to any offer from Nightingale-Studio and to
      any distance agreement concluded by Nightingale-Studio and the customer.
    2. These General Terms and Conditions are available on Nightingale-Studio.com. They also can be send to you free of charge on request only, before the distant agreement is concluded.
    3. Only Dutch law applies on contracts (with these terms and conditions) between Nightingale-Studio and the customer. Even if the customer doesn’t live in the Netherlands.
    4. Nightingale-Studio guarantees that the delivered product satisfies the agreement and meets the specifications mentioned in the offer.
    5. Placed orders can only be cancelled within 48 hours.
  2.  The Offer
    1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
    2. The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the customer. If the contractor uses images, these are a truthful representation of the products, services and/or digital content. In certain circumstances, we may need to reject your order, including but not limited to where the requested product is not available or if there is an error in the price or the product description posted on the website.
    3. Each offer contains such information that is clear to the customer what rights and obligations are involved in accepting the offer.
    4. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. 
      This in particular concerns:
      • the price including taxes.
      • the possible shipping costs.
      • the way in which the contract will be concluded and which actions are necessary for this.
      • whether or not to apply the right of withdrawal.
      • the method of payment, delivery or execution of the agreement.
      • the period for accepting the offer or the period for adhering to the price
      • the price level for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate.
      • if the agreement is filed after the conclusion, how it can be consulted for the consumer.
      • the way in which the consumer can get informed of the actions he does not wish to take before concluding the contract, as well as the way in which he can rectify these before the contract is concluded.
      • the possible languages in which, in addition to English, the agreement can be concluded.
      • the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically
      • the minimum duration of the distance contract in the event of an agreement that extends to the continuous or periodic delivery of products or services.
  3. Offers
    1. Any offers are without obligation, unless mentioned otherwise.
    2. Upon acceptance of an offer without obligation by customer, Nightingale-Studio remains the right to withdraw the offer within the term of 3 days after receiving the acceptance.
    3. Verbal commitments are only legally valid after they’ve been expressly and in writing are confirmed by Nightingale-Studio.
    4. Offers of Nightingale-Studio are not automatically valid for backorders.
    5. Nightingale-Studio cannot take credit for any writing/description errors in offers.
    6. Additions, changes or further agreements are only valid if they are confirmed by Nightingale-Studio.
  4. The Agreement
    1. The agreement is concluded at the time of the customer accepts the offer and meet the corresponding conditions.
    2. Nightingale-Studio can within the law – inform the customer’s ability to meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the
      implementation.
    3. Nightingale-Studio remains the right to without giving a reason not accept or exclusively accept an order under condition that the shipment will be made after payment in advance
    4. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
    5. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
    6. The entrepreneur can – within legal frameworks – inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to accept the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
    7. With the product or service the entrepreneur will send the following information in writing or in such way that it can be stored by the consumer in an accessible manner on a durable medium:
      a) the visiting address of the establishment of the entrepreneur where the consumer can go with complaints
      b) the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
      c) the information about existing service after purchase and guarantees.
      d) the information included in article 2 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.
      e) the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
    8. If the entrepreneur has committed himself to supplying a series of products or services, the provision in the previous paragraph applies only to the first delivery.
  5. Performance of an agreement and extra warranty
    1. Nightingale-Studio guarantees that the products comply with the agreement, with the
      specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the agreement was concluded. With in mind that the products of Nightingale-Studio include handmade, unique and antique/old products and objects, with corresponding deviations, damaging/wear and tear which are reasonably supposed.
    2. An additional warranty offered by Nightingale-Studio, the supplier, manufacturer or importer
      shall never affect the rights and claims the customer may exercise against Nightingale-Studio about a failure in the fulfillment of Nightingale-Studio’s obligations if Nightingale-Studio has failed in the fulfillment of his part of the agreement.
    3. Additional warranty is taken to mean each obligation by Nightingale-Studio, the supplier, importer or manufacturer in whom he assigns certain rights or claims to the customer that go further than he is legally required in case he fails in the compliance with his part of the agreement.
    4. Nightingale-Studio will execute orders within 30 days within the framework of the rules of distance selling. If this is not possible (because the order is not in stock or no longer available), or there is a delay for other reasons, or an order cannot or only partially be executed, then the consumer will receive a message within 1 month after placing the order. In that case he has the right to cancel the order without costs and notice of default.
    5. The delivery obligation of Nightingale-Studio will, subject to proof to the contrary, be met as soon as the goods delivered by Nightingale-Studio have been presented to the customer once. In the case of home delivery, the report of the carrier, which implies the refusal of acceptance, serves as full proof of the delivery offer.
  6. Delivery and execution
    1. Nightingale-Studio shall exercise the best possible care when booking orders and executing product orders.
    2. The shipment address is given by the customer to Nightingale-Studio.
    3. Nightingale-Studio shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the customer shall be informed about this within 30 days after ordering. In such cases, the customer is entitled to repudiate the agreement free of charge.
    4. After repudiation in conformity with the preceding paragraph, Nightingale-Studio shall
      return the payment made by the customer promptly.
    5. Of course we will try our best to send ordered objects within 2 days after the order is placed. When objects are listed as ‘on request’ it is possible to create a similar object. A longer delivery time will apply for objects on ‘on request’, which we will discuss together.
    6. When you have a question about an object, or do not want to place an order through the webshop directly, we can reserve an object on request. If you want to reserve an object, you can contact us on number: +316-41220736.
    7. We reserve the right to withdraw this offer at any time. Delivery will be made within 7-10 days but we reserve the right to extend this without prior notice or consent.
  7. Shipping
    1. We try to ship your order (if in stock) within two workdays. In case a product is not in stock, please send an email to info@nightingale-studio.com for the expected delivery date.
    2. We will send your purchase with a Track and Trace code and make sure it is packaged securely. We are not responsible for lost packages.
    3. We ship the orders via PostNL. The shipping costs of the order depend on the weight and the size of the order and will be shown in the shopping cart during the ordering process. The costs are also depending on the country of destination.
  8. The Price
    1. The prices of the products provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
    2. Contrary to the previous paragraph, Nightingale-Studio may offer products or services
      whose prices are subject to fluctuations in the financial market that are beyond Nightingale-Studio’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
    3. Price modifications are possible. You can find the actual prices on our website: www.Nightingale-Studio.com
    4. All prices mentioned on the website are subjects to misprints, typographical errors and technical modifications, all rights reserved. 
    5. All prices indicated in the provision of products or services are mentioned in EURO’S and including 21%VAT.
    6. All prices are per unit, unless mentioned otherwise.
  9. Payment
    1. You pay in advance securely via IDEAL or Paypal.
    2. After placing an order, a confirmation email will be send to you with all specifications on your order. Including the total amount including shipping costs.
    3. After receiving the payment, the order will be shipped to you as soon as possible. All orders will be send with PostNL and usually will be delivered within 1-2 days (NL only)
    4. The customer has the duty to inform Nightingale-Studio promptly of possible inaccuracies in the payment details that were given or specified.
    5. Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid to Nightingale-Studio for delivery. In the event of an agreement to provide a service, this term will commence on the day after the consumer has received the confirmation of the agreement.
    6. Payment orders for the bank and giro institutions are for the account and risk of the party who issues the order (or authorization).
  10. Specified balances
    1. The correctness of all by or in order of Nightingale-Studio given prices are confirmed, unless you signalize any errors.
    2. We are not responsible for any additional charges that may come with Customs, since this might differ country to country. If a returned item is shipped international, please clearly mark the package ‘RETURNED GOODS’, to avoid any customs charges.
  11. Send and Returns
    Send:
     
    1. When Nightingale-Studio received the payment, your order will be send to you. To make this as fast as possible, we prefer paying by IDEAL or by internet. The shipping costs for The Netherlands are the common rates of PostNL.
    2. Sending by letter post is always on your account. We then don’t have any track or trace code.
      Returns:
    3. If for any reason you are not satisfied with your product, you may return it within 14 days of receipt. We will then refund your purchase amount. Please note that you will have to pay for the costs of returning the product to us.
    4. Please send us an email if you want to return the product or use the return form.
    5. You may return the product in its original state -without damage- to the address listed above. Please make sure you include your name and your IBAN bank account number. Once we have received your return in good condition, we will refund your purchase amount by bank transfer.
    6. The right of returning items does not apply on items that are made on request (These items have been specifically made for you and cannot be reclaimed.) or sale/ outlet items. The sale is final after successful payment.
    7. If you want to return your order by mail or courier, it’s on your own account. We are not responsible for returning items without contacting us first. We recommend you to use a courier service who insures you for the value of the articles you send back, or gives you proof of shipment.
    8. If you have made use of your right of withdrawal, we will pay the amount paid for the item in question (including any shipping costs) immediately and in any case no later than 14 days after receipt of the message that you want to terminate the agreement, provided the article has actually received or you can prove that the item has been returned. If you have opted for a different delivery method than the cheapest standard delivery used by Nightingale-Studio, then Nightingale-Studio will not refund any additional costs of this to you at dissolution.
  12. Reflection terms/Right of withdrawal
    1. You are entitled to cancel your order up to 14 days after receipt without notice. This term starts when the goods are delivered. After cancellation you have 7 days to send your product back. If you send the product back within 7 days, you will be refunded the order amount including shipping costs. The costs for returning an order back to our studio is at your own expense. Consult your carrier for the exact rates. If you use your right of withdrawal, the product will be returned to us in the original packaging with all delivered accessories and in the original condition. To use this right, you must contact us at info@nightingale-studio.com. We will send you the necessary information. We will return the due order amount after your order has been returned, but only if the order has been returned in good condition. Nightingale-Studio has the right to refuse returned products if it is suspected that the product has been used or damaged by the customer. The return of delivered products is entirely at the expense and risk of the customer.
    2. The customer may conclude an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving dissolve reasons. Nightingale-Studio may ask the customer about the reason for withdrawal, but does not commit to stating his reason(s).
    3. In services and digital content which is not supplied on a tangible medium: The customer has a service contract and a contract for the supply of digital content which is not supplied on a tangible medium dissolve for at least 14 days without giving any reason. The operator may ask the customer about the reason for withdrawal, but does not commit to
      stating his reason(s).
    4. The customer loses the right of withdrawal with service agreements in the case of objects made on request (and/or interpreted by Nightingale-Studio), which are not prefabricated and/or manufactured on the basis of an individual choice or decision of the customer, or which are clearly intended for a specific person. The sale is final after successful payment. These items have been specifically made for you and cannot be reclaimed.
    5. Normally all goods can be delivered out of stock. But in case an item is temporarily not available on stock, the customer will be informed within a week (unless mentioned otherwise on www.Nightingale-Studio.com). The order remains till the item is back in stock again. If the after delivery is not possible, the customer will be informed and the order will be cancelled. All mentioned delivery terms are only an indication and no right scan be derived from it.

      Obligations of the customer during the time of reflection
    6. During this period, the customer shall handle the product and the packaging with care. He must return the product in the same condition as it was received i.e. it must be complete,
      undamaged and in the original, unopened packaging. The guiding principle is that the
      customer may only handle and inspect the product in the manner in which one is allowed to
      handle a product in a shop.
    7. The customer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 10.6.

      Exercise the Customer’s right of withdrawal and the costs
    8. If the customer exercises his right of withdrawal he shall notify Nightingale-Studio
      unambiguously with the standard form for withdrawal within the period of reflection.
    9. The customer shall return the product or deliver it to (the authorized representative of) Nightingale-Studio as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 10.8. The customer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
    10. The customer shall send back the product with all accessories, if reasonably possible in
      original condition and packaging, and in accordance with the reasonable and clear instructions
      provided by Nightingale-Studio.
    11. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal on the customer.
    12. The customer must bear the direct cost of returning the product. If Nightingale-Studio
      has not notified the customer has to bear them or if the operator indicates to bear the costs
      themselves, customers do not bear the return shipping costs.
    13. If the customer exercises his right of withdrawal, all additional agreements end by operation of law.

      Nightingale-Studio obligations in case of withdrawal
    14. If Nightingale-Studio makes the notification of withdrawal by electronic means possible, we shall promptly send a return receipt.
    15. Nightingale-Studio reimburses all payments received from the customer, including delivery costs borne by the Nightingale-Studio to deliver goods to the customer, as soon as possible but within 14 days following the day on which the customer notified him of the withdrawal. Unless Nightingale-Studio offers to collect the product, Nightingale-Studio can wait with paying back until having received the product or until the customer proved that he returned the product, whichever occurs first.
    16. Nightingale-Studio shall make use of the same means of payment that the customer
      used, unless the customer consents to another method. The reimbursement is free of charge
      for the customer.
    17. If the customer opted for a more expensive method of delivery instead of the cheapest
      standard delivery, Nightingale-Studio need not reimburse the additional costs for the
      more expensive method.
  13. Warranty
    1. Nightingale-Studio guarantees that the products and / or services delivered by Nightingale-Studio comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement. / or government regulations.
    2. The warranty period of Nightingale-Studio corresponds to the manufacturer’s warranty period. Nightingale-Studio is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
    3. The customer must check his delivered goods immediately after receiving it, for any imperfections. If a delivered object/product is wrong, defective or incomplete, the customer must (before proceeding a return to Nightingale-Studio) report these defects within 1 week after discovery of the defect by email to Nightingale-Studio. Return of objects/product must be made as mentioned in the terms and conditions and what is stated under ‘Right of withdrawal’.
    4. We do not accept returns if the product is used after detection of failure, a product without statement of delivery, tags or original packaging, damage occurring after detection of failure and/or resale after detection of failure will affect the right to claim and return void.
    5. If the complaints of a customer are justified by Nightingale-Studio, we will replace or repair the delivered object(s). Any liability in case of damage is limited to no more than the invoice amount of the relevant business. Every liability from Nightingale-Studio for any other form of damage is excluded. Compensation for indirect damage or consequential loss or loss due to loss of profits.
    6. This warranty does not apply to: A) As long as the customer is in breach to Nightingale-Studio B) The customer has repaired and / or edited the items delivered or has been repaired or edited by third parties C) The delivered goods have been exposed to abnormal circumstances and/or treated negligently or in violation with instructions on the packaging or from Nightingale-Studio.
    7. Cleaning and traces of use are excluded from any warranty.
    8. The following cases are also excluded from any warranty:
      • Overheating by any heat source
      • By exposure to humidity, extreme heat, cold or dryness
      • If the date on the invoice is not readable or adjusted.
      • With defects caused by not comply to the user menu
      • In case of damage by intention or negligence
      • With external factors (like for instance: lightning strike, power outages, nature
        disasters)
      • If Nightingale-Studio doesn’t receive a reasonable time window to solve the problem
      • If you stay in default and do not meet your obligations
  14. Unforeseen circumstances
    1. Nightingale-Studio is not liable, if and to the extent that its obligations cannot be fulfilled due to unforeseen circumstances.
    2. Unforeseen circumstances means any strange cause, as well as any circumstance, which should in reason not come at its own risk. Delay in or breach of contract by our suppliers, faults in the Internet, faults in the electricity, disturbances in email traffic and malfunctions or changes in technology provided by third parties, transport problems, strikes, government measures, delays in the supply, negligence of suppliers and / or manufacturers of Nightingale-Studio as well as of auxiliary persons, sickness of personnel, defects in auxiliary or transport vehicles are expressly regarded as unforeseen circumstances.
    3. In the event of unforeseen circumstances, Nightingale-Studio reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement is amended so that execution remains possible. In no case is Nightingale-Studio obliged to pay any penalty or compensation.
    4. If Nightingale-Studio has already partially fulfilled its obligations on the occurrence of the unforeseen circumstance, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or deliverable part separately and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part does not have an independent value.
  15. Responsibility
    1. Nightingale-Studio is not responsible for any damages or injuries caused by the wrong use of our products. Before use, please read the user manual closely.
  16. Privacy
    1. We respect the privacy of our customers. Therefore your personal data will be treated as strictly confidential. We will only use this information to process your order as efficiently and effectively as possible. Under no circumstances will we share your personal information with third parties.

      More information can be found in our Privacy Policy on the website.
  17. Copyright
    1. There is a copyright on all pictured and written designs of Nightingale-Studio. These designs cannot be multiplied or distributed without any confirmation in writing by Nightingale-Studio. For this reason it is not possible to order any products without the name of Nightingale-Studio.
  18. Pictures and specifications
    1. All pictures: Photos, drawings etc.: such as data concerning weights, sizes, colors, designs of labels, etc. on the website of Nightingale-Studio are just an indication and cannot be a reason for any compensation or cancelling the agreement.
  19. Rights of intellectual ownership
    1. Nothing of the website (www.nightingale-studio.com) can be multiplied, copied or published, without express permission by Nightingale-Studio.
    2. The consumer expressly acknowledges that all rights of intellectual- and/ or industrial ownership concerning the by Nightingale-Studio to the consumer given products, materials and information, among which includes (the appearance) samples, packaging, labels, the design, the composition and/or specifications of samples, products, as well as technical and commercial knowhow, models, molds, designs and prints, belong to Nightingale-Studio.
    3. If Nightingale-Studio designs products or packaging on instruction of the customer, like for instance by the consumer supplied specifications, designs, sketches, models or dessins, the consumer is responsible for not violate the rights from third parties. The consumer indemnifies Nightingale-Studio for claims from third parties in this case and compensates all by Nightingale-Studio made costs.
  20. Complaints procedure
    1. Nightingale-Studio has a sufficiently notified complaints procedure in place, and shall handle a complaint in accordance with this complaint procedure.
    2. Complaints about the performance of the agreement shall be submitted fully and clearly described to Nightingale-Studio within a reasonable time after the customer discovered the defects.
    3. The complaints submitted to Nightingale-Studio shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, Nightingale-Studio shall respond within 14 days with a notice of receipt and an indication when the customer can expect a more detailed reply.
    4. The customer should give Nightingale-Studio at least 4 weeks to resolve the complaint by a mutual agreement. After this period, a dispute arises which is susceptible to the dispute settlement.
    5. If an item unexpectedly arrived damaged, we would like to receive a photo of the damaged product and the package within 7 working days. We will do everything we can to resolve the complaint as quickly as possible.
  21. Applicable law
    1. Agreements between Nightingale-Studio and the customer, to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
    2. In the event that specific product or service conditions apply in addition to these general terms and conditions, in the event of conflicting general terms and conditions the consumer can always invoke the applicable provision that is most favorable to him.
  22. Disclaimer
    1. The materials on this website are provided “as is”. Nightingale-Studio makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchant ability, fitness for a particular purpose, or non- infringement of intellectual property or other violation of rights. Further, Nightingale-Studio does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
    2. The following applies to the entire website www.Nightingale-Studio.com, by using the website, you automatically agree with this disclaimer.
    3. All information, photos and parts of this website are the property of www.Nightingale-Studio.com. It is not allowed to copy and use this information, photos and parts for any form of publication without the written permission of www.Nightingale-Studio.com. Parts that you copy to keep for yourself are not covered here, you do not need written permission for this.
    4. Nightingale-Studio does its utmost to keep the information on the website up-to-date. The content of the website is therefore regularly updated and supplemented. It is conceivable that the information on the site is incomplete or contains errors. The prices are subject to possible errors and price changes.
    5. www.Nightingale-Studio.com may change or terminate the webpage at its own discretion and at any time, with or without notice. www.Nightingale-Studio.com is not liable for the consequences of change or termination.
    6. The information that www.Nightingale-Studio.com provides on its website can not give any guarantee as to quality or quantity for the use of the products for a specific purpose.
    7. www.Nightingale-Studio.com is not liable for information and web content that is sent by users without its knowledge www.Nightingale-Studio.com is also not responsible for the web content and information of websites that are in any way linked to www.Nightingale-Studio.com. If you leave the www.Nightingale-Studio.com website via a link on the web page, www.Nightingale-Studio.com takes away all liability.
    8. www.Nightingale-Studio.com is not liable for any form of damage, direct or indirect, that is associated with the website.
  23. Copyright
    1. Nothing from this site may be used by third parties without permission from Nightingale-Studio. Photos are the property of Nightingale-Studio and may not be used or copied without permission. On all designs depicted on the Nightingale-Studio site copyright is protected. These designs may not be reproduced and / or distributed in any way whatsoever without prior written permission from Nightingale-Studio. For this reason it is also not possible to order items without the name of Nightingale-Studio.

 

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