Terms and Conditions
Terms & Conditions – HARPERMAESTUDIO.COM
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer may exercise the right of withdrawal.
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: calendar day.
Continuous transaction: a distance contract relating to a series of products and/or services, for which delivery and/or purchase obligations are spread over time.
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more means of distance communication.
Means of distance communication: a method that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same location.
General Terms & Conditions: the present General Terms & Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
HarperMaeStudio.com
Business address: Blekerstraat 6, Utrecht
Email: info@harpermaestudio.com
Chamber of Commerce number: 99136392
VAT identification number: NL005373510B64
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and 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 before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may be made available electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms can be accessed electronically and that they will be sent free of charge upon request.
If specific product or service conditions also apply, the above paragraphs apply accordingly, and in case of conflicting conditions, the consumer may always rely on the provision most favorable to them.
If one or more provisions in these terms are wholly or partially void or annulled, the agreement and these terms remain in force for the remainder, and the invalid provision will be replaced by a provision that best reflects the original intent.
Situations not covered by these terms shall be assessed in the spirit of these terms. Uncertainties regarding interpretation shall be interpreted in the spirit of these terms.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be clearly stated.
The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.
The offer contains a complete and accurate description of the products and/or services. Images are a truthful representation of the products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data are indicative and cannot lead to compensation or termination of the agreement.
Product images are a truthful representation. The entrepreneur cannot guarantee that displayed colors exactly match real product colors.
Each offer contains sufficient information so the consumer understands their rights and obligations, including:
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Price including taxes
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Any shipping costs
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How the contract is concluded
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Whether the right of withdrawal applies
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Payment, delivery, and execution methods
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Offer acceptance period or price guarantee period
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Any extra costs for distance communication
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Whether the agreement is archived and how to access it
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How the consumer can check and correct provided data
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Other available languages
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Applicable codes of conduct
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Minimum duration in case of continuous transactions
Optional: available sizes, colors, material types.
Article 5 – The Agreement
The agreement is concluded when the consumer accepts the offer and meets the stated conditions.
If accepted electronically, the entrepreneur will confirm receipt electronically. Until confirmation, the consumer may dissolve the agreement.
If concluded electronically, the entrepreneur takes appropriate measures to secure data transfer and ensure a safe web environment. If electronic payment is possible, appropriate security measures will be taken.
The entrepreneur may verify whether the consumer can meet payment obligations. If there are valid reasons not to proceed, the entrepreneur may refuse an order or impose special conditions.
The entrepreneur will provide the consumer with:
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Business address for complaints
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Instructions on the right of withdrawal
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Information on guarantees and after-sales service
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Information listed in Article 4(3) if not already provided
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Termination requirements for long-term agreements
For continuous transactions, this applies only to the first delivery.
All agreements are subject to product availability.
Article 6 – Right of Withdrawal
The consumer may withdraw from the purchase within 14 days without giving any reason. The period starts the day after receiving the product.
During this period, the consumer must handle the product and packaging with care and only unpack or use it as necessary to assess the product.
If the consumer uses the right of withdrawal, the product must be returned with all accessories, in original condition and packaging where reasonably possible, following the entrepreneur’s instructions.
To exercise withdrawal, the consumer must notify HarperMaeStudio.com within 14 days after receipt via written message or email. The product must then be returned within 14 days. Proof of timely return must be provided.
If the consumer does not notify or return within these periods, the purchase is final.
Article 7 – Costs in Case of Withdrawal
Return shipping costs are borne by the consumer.
Any payments made will be refunded as soon as possible, but no later than 14 days after withdrawal, provided the product has been received or proof of return is supplied.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for products:
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Made to consumer specifications
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Clearly personal in nature
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That cannot be returned
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That spoil or age quickly
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Whose price depends on financial market fluctuations
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Newspapers and magazines
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Audio/video/software with broken seals
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Hygiene products with broken seals
For services:
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Accommodation, transport, restaurant, or leisure services on specific dates
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Services started with consumer consent before cooling-off period ended
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Betting and lottery services
Any exclusion will be clearly stated before concluding the agreement.
Article 9 – Price
Prices remain unchanged during offer validity, except for VAT changes.
Variable pricing may apply to products subject to financial market fluctuations. This will be stated in the offer.
Price increases within 3 months are only allowed if legally required.
After 3 months, increases are only allowed if agreed and:
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Due to legal regulations, or
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The consumer may cancel before the increase takes effect
All prices include VAT. Typographical errors are not binding.
Article 10 – Conformity & Warranty
Products and services meet the agreement, specifications, usability, and legal requirements.
Any warranty provided does not affect statutory consumer rights.
Defects or incorrect deliveries must be reported within 14 days after delivery. Returns must be in original packaging and unused condition.
Warranty equals manufacturer’s warranty. The entrepreneur is not responsible for product suitability for individual applications or advice on usage.
Warranty does not apply if:
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Products were repaired or modified by the consumer or third parties
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Products were mishandled or exposed to abnormal conditions
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Defects result from government regulations on materials
Article 11 – Delivery & Execution
Orders are handled with maximum care.
Delivery address is the one provided by the consumer.
Orders are executed promptly and no later than 30 days unless a longer period is agreed. In case of delay or partial fulfillment, the consumer will be informed and may cancel free of charge.
Refunds after cancellation occur within 14 days.
If delivery is impossible, a replacement product may be offered. This will be clearly communicated. Return costs for replacements are borne by the entrepreneur.
Risk of damage or loss remains with the entrepreneur until delivery to the consumer.
Article 12 – Continuous Transactions
Termination
Consumers may terminate indefinite-duration agreements anytime with one month’s notice.
Fixed-term agreements may be terminated at the end of the term with one month’s notice.
Termination must be possible in the same way the agreement was entered.
Extension
Fixed-term agreements cannot be automatically renewed for another fixed term, except for newspaper/magazine subscriptions (max 3 months, cancellable with one month notice).
Other fixed-term agreements may only convert to indefinite if the consumer can cancel at any time with one month’s notice.
Trial subscriptions end automatically after the trial period.
Duration
If an agreement lasts longer than one year, the consumer may cancel anytime after one year with one month’s notice, unless fairness prevents early termination.
Article 13 – Payment
Unless agreed otherwise, payments must be made within 7 working days after the cooling-off period begins.
Consumers must report incorrect payment details immediately.
In case of non-payment, the entrepreneur may charge reasonable pre-disclosed collection costs.
Article 14 – Complaints Procedure
Complaints must be submitted within 7 days after discovering defects.
Complaints are answered within 14 days. If more time is needed, confirmation and expected response time will be provided.
If unresolved, a dispute arises eligible for dispute resolution.
Complaints do not suspend entrepreneur obligations unless stated otherwise.
If complaint is valid, products may be replaced or repaired free of charge.
Article 15 – Disputes
All agreements under these terms are governed exclusively by US law, even if the consumer resides abroad.