Terms of USe

+ 2.1 Who can order

To place an order on the Website, you must be: – at least 16 years old; – a consumer and not a professional reseller

+ 2.2 How to order

STUDIO VACAY requires you to provide her with an e-mail address to place an order. You may need to set your browser to accept cookies and pop-ups in order to be able to use all the functionalities of the Website such as adding items to your shopping cart and submitting your order.

For more information STUDIO VACAY refers to the Privacy & Cookie Policy.

When you submit an order STUDIO VACAY will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these terms and conditions, comes into existence and is binding between you and STUDIO VACAY (the “Contract”).

+ 2.2 STUDIO VACAY'S right to reject or cancel a Contract

STUDIO VACAY expressly reserves the right not to accept your order for any reason. STUDIO VACAY also reserve the right to cancel a Contract by electronic written notice to you in the following situations, without liability for any damage or costs other than repayment of any amount received from you in relation to the cancelled Contract: – the product is not available – your billing information is not correct or not verifiable; – your order is flagged up by our security systems as an unusual order or an order susceptible to fraud; – your bank transfer payment is not received within 12 calendar days after acceptance of your order; – there is reason to believe you are under 16; – there is reason to believe that you are a reseller; – there was an error in the price displayed on the Website; – STUDIO VACAY could not deliver to the address provided by you; – due to an Event Outside Our Control (see art. 10 below); or – in the event of misspelling, pricing or other errors or mistakes in the Website information.

+ 3.1 Payment methods

Please check the available payment methods. STUDIO VACAY does not accept any method of payment other than those listed. Please do not try to pay by any other way than specified there. If you do, STUDIO VACAY will not be liable for loss of the payment or any other damages that may result from this action.

+ 3.2 Payment processing

If you pay by credit/debit card, STUDIO VACAY will deduct the amount due from your account as soon as your order leaves our warehouse.

If you pay by bank transfer, STUDIO VACAY will start manufacturing the product after receiving your payment. This may take several days. In the event that no payment has been received within 12 calendar days after you submitted your order, your purchase will automatically be cancelled. Payments can only be processed if the billing information can be verified.

STUDIO VACAY retains title in any product(s) until STUDIO VACAY has received full payment for such product(s).

+ 3.3 Prices and currency

The product prices displayed on the Website are inclusive of Value-Added Tax (VAT).

Prices are quoted in Euro unless expressly stated that the price is in another local currency.

+ 3.4 Total price

The total price specified in the final check out screen includes tax. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.

If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.

Please transfer only the exact amount specified on the Order Confirmation, and make individual transfers per order, using the unique reference number stated in your Order Confirmation.

+ 3.5 Price changes

The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which STUDIO VACAY has confirmed in an Order Confirmation.

+ 4.1 Delivery

Because the rugs of STUDIO VACAY are made on request, shipping will takes around 4 - 6 weeks.

+ 4.2 Inspection upon delivery

Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.

+ 5.1 Returning orders after delivery – defectives

You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. You can do so within 14 days after you notice the defect. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see the Returns section of the Website.

+ 5.2 Exercising your right of withdrawal

If for whatever reason you are not happy with the products you ordered, you may return the products delivered to you within 14 calendar days after the product is delivered, without giving us any reason, as long as:

• the products are unopened and not used in any way;
• the product is complete and you return in or together with the original packaging, foils etc..
• the product is not tampered with or otherwise changed.

For information on refunds, see art 5.5 below. For practical information on how to return, see the Returns section of the Website. If you inform us that you wish to return a product, STUDIO VACAY shall reimburse to you all payments received (with the exception of any supplementary costs resulting from your choice of delivery) and in any event not later than 14 days from the day on which STUDIO VACAY is informed about your decision to exercise your right of withdrawal.

+ 5.4 Product exchange

Product exchanges are currently not possible, but you do have the option of returning your product(s). See art 5.2 and 5.3 above. For information on refunds, see art 6.5 below.

In order to get another product, you will have to place a new order on the Website.

+ 5.4 Refund information

Refunds will be issued within 14 days after receipt by STUDIO VACAY of the returned product, based on the original form of payment. If you paid via bank transfer you need to give this information to Customer Service when you initiate the return so that STUDIO VACAY can refund the money directly to your account.

In the event you return goods for reasons other than defectiveness or non-conformity with your order, you will need to pay for the return shipment.

For practical information on how to return and for refund timelines, see the Returns section of the Website. Please read the help section information and follow the directions carefully in order to prevent unnecessary delay.

If you paid with Maestro and did not fill in the ‘issue number’ or ‘start date’ field during checkout, we will not be able to process your return and/or grant you a refund.

+ 5.6 Risk of return shipment

If you return a product under art. 5.2 – 5.5 you are responsible for shipping the product to our distribution centre. In case STUDIO VACAY does not receive the product, STUDIO VACAY is in no way liable for loss of the product. The burden of proof that a product is delivered to STUDIO VACAY is on you or the company used for shipping.

+ 6.1 Breach of general conditions

If STUDIO VACAY fails to comply with these general conditions, STUDIO VACAY shall be responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence. Loss or damage is foreseeable if it is an obvious consequence of STUDIO VACAYs breach or if it was contemplated by you and STUDIO VACAY at the time entering into the contract.

+ 6.2 Security of information and payments

Although STUDIO VACAY uses encrypted security software, the security of information and payments transmitted via Internet or via e-mail can’t be guaranteed. STUDIO VACAY shall not be liable for any damages suffered as a result of the use of electronic communications.

+ 6.3 Damages

In the event you have suffered damages as a result of activities from STUDIO VACAY related to your purchase(s) of the products from STUDIO VACAY through the Website, her liability will be limited to:

a. damage to the STUDIO VACAY products or to other materials;
b. reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under a)

The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned.

+ 6.4 Liability

STUDIO VACAY shall not be liable for damage incurred by a third party resulting from the use of any of our products. STUDIO VACAY shall not be liable for damage incurred by you as a result of your improper use of any of her products.

+ 6.5 Liability

Nothing in these general conditions excludes or limits her liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Dutch law.

6.6 To the extent permitted by law, STUDIO VACAY exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on the Website, whether express or implied.

6.7 Please note that STUDIO VACAY only provides the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and STUDIO VACAY has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

+ 7.1 Intellectual property rights

STUDIO VACAY owns all intellectual property rights in the Website and in the material published on it. Those works are protected by copyright, design and trademark laws around the world. All such rights are reserved.

+ 7.2 Prints and/or downloads

You may print off one copy, and may download extracts of any page(s) from the Website only to the extent this is necessary for the purpose of placing an order with STUDIO VACAY, or for using the Website as a shopping resource.

+ 7.3 Modifications

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

+ 7.4 Owner of content

STUDIO VACAY’s status as the owner of content on the Website must always be acknowledged.

+ 7.5 Licenses

You must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from STUDIO VACAY.

+ 7.6 Breach of general conditions

If you print off, copy or download any part of the Website in breach of these general conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

+ 8.1 User generated content (1)

If you post any ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other information (including info on bulletin boards, chat rooms or other forums on the Website) (hereafter “User Generated Content”), on the Website, or if you send such User Generated Content through the Website to STUDIO VACAY, ownership of any intellectual property rights and other rights in the User Generated Content shall automatically be transferred to STUDIO VACAY. To the extent such transfer is not valid, you grant to STUDIO VACAY, by submitting the User Generated Content to STUDIO VACAY, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), your User Generated Content for any purposes as we deem fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services.

+ 8.2 User generated content (2)

STUDIO VACAY does not, and you agree that STUDIO VACAY has no obligation to, review the User Generated Content, that STUDIO VACAY, is not in any manner responsible for User Generated Content.

+ 8.3 User generated content (3)

You acknowledge that by providing you and others with the ability to access and view User Generated Content on the Website, STUDIO VACAY is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website.

+ 8.4 User generated content (4)

Notwithstanding the foregoing, you acknowledge and agree that STUDIO VACAY has the absolute right to monitor User Generated Content posted to the Website in its sole discretion.

+ 8.5 User generated content (5)

You agree that STUDIO VACAY does not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify STUDIO VACAY in writing of any objectionable content appearing on the Website.

+ 8.6 User generated content (6)

Any use of any content on the Website, including, without limitation, User Generated Content, will be at your own risk.

These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website(s) or with any purchases on the Website shall be governed by Dutch law. Any dispute shall be submitted to the relevant Court in Amsterdam, The Netherlands.

The Website provides links to external Internet sites. We shall not be liable for the use or the content of internet sites that link to this site or which are linked from it.

We may revise these general conditions from time to time. Every time you order products from us, the general conditions in force at that time will apply to the contract between you and us.

Whenever STUDIO VACAY revises these general conditions STUDIO VACAY will keep you informed and give you notice of this by stating that these general conditions have been amended and the relevant date at the top of this page.

+ 12.1 Transfer of STUDIO VACAY's rights and obligations

12.1 STUDIO VACAY may transfer her rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these general conditions.

+ 12.2 Transfer of your rights and obligations

You may only transfer your rights or your obligations under these terms and conditions to another person if STUDIO VACAY agrees in writing.

+ 12.3 Each of the paragraphs of these terms and conditions operates separately

Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

+ 12.4 Rights and obligations

If STUDIO VACAY fails to insist that you perform any of your obligations under these general conditions, or if STUDIO VACAY does not enforce her rights against you, or if STUDIO VACAY delay in doing so, that will not mean that STUDIO VACAY has waived her rights against you and will not mean that you do not have to comply with those obligations. If STUDIO VACAY does waive a default by you, STUDIO VACAY will only do so in writing, and that will not mean that STUDIO VACAY will automatically waive any later default by you.

+ 12.5 Copies

STUDIO VACAY will not file a copy of the contract between us.

+ 13.1 Definition

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

+ 13.3 Event outside our control

If an Event Outside Our Control takes place that affects the performance of STUDIO VACAYS obligations under these general conditions:

• STUDIO VACAY will contact you as soon as reasonably possible to notify you; and
• STUDIO VACAY obligations under these general conditions will be suspended and the time for performance of her obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the delivery of a product from STUDIO VACAY to you, STUDIO VACAY will arrange a new delivery date with you after the Event Outside Our Control is over.

+ 13.3 Cancellation of contract

You may cancel the contract if an Event Outside Our Control takes place and you no longer wish STUDIO VACAY to provide the products. Please see your cancellation rights under art. 5. STUDIO VACAY will only cancel the contract if the Event Outside Our Control continues for longer than 20 weeks in accordance with her cancellation rights in art. 2.

+ 13.4 Damages resulting from the use of (or inability to use) the Website

Although the Website is compiled with care, the information, texts, documents, graphics, movies, and/or other services on it may contain errors or be otherwise incorrect or incomplete. STUDIO VACAY shall not be liable for any damages resulting from the use of (or inability to use) the Website, including damages caused by viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it or any incorrectness, or incompleteness of the Website.

Version: 05.05.2021.