General sales conditions webshop Studio KTO
Company Information
Studio KTO
Stationsstraat 11/0301
8660 Adinkerke
058/8860076
BE0588860076
Article 1: General provisions
The e-commerce website of Studio KTO, a sole proprietorship with registered office at Stationsstraat 11/0301, VAT BE0588860076, company number 0588860076 (hereinafter 'Studio KTO') offers its customers the opportunity to purchase the products from its webshop online.
These Terms and Conditions ("Terms") apply to any order placed by a visitor to this e-commerce website ("Customer"). When placing an order via the Studio KTO webshop, the Customer must expressly accept these Conditions, thereby agreeing to the applicability of these Conditions, to the exclusion of all other conditions. Additional terms and conditions of the Customer are excluded, unless they have been expressly accepted by Studio KTO in advance, in writing.
Article 2: Price
All prices stated are expressed in EURO, always including VAT and all other duties or taxes required by the Customer.
If delivery, reservation or administrative costs are charged, this will be stated separately.
The price statement refers exclusively to the articles as described verbatim. The accompanying photos are intended for decorative purposes and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalog and the e-commerce website have been compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer are not binding on Studio KTO. Studio KTO is only bound to an obligation of means with regard to the correctness and completeness of the information provided. Studio KTO is in no way liable in the event of manifest material errors, typesetting or printing errors.
If the Customer has specific questions about, for example, sizes, colour, availability, delivery time or delivery method, we request that the Customer contact our customer service in advance.
The offer is always valid as long as stocks last and can be adjusted or withdrawn at any time by Studio KTO. Studio KTO cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
Article 4: Online purchases
In the webshop, the customer can click on an article of his choice and possibly select the size. After the size has been chosen, the customer can place this item in the shopping cart and proceed to payment.
The Customer has the choice between the following payment methods:
via credit card
via bank card
via Paypal
Cash on delivery
Studio KTO is entitled to refuse an order due to a serious shortcoming of the Customer with regard to orders in which the Customer is involved.
Article 5: Delivery and execution of the agreement
The purchased items will be delivered within 3 to 5 working days depending on the country of destination. The shipping costs are always stated separately.
Items ordered through this webshop are delivered in Belgium, the Netherlands and the USA.
Delivery is made by Bpost, DPD or PostNL. The costs depend on the country of destination.
Unless otherwise agreed or expressly provided otherwise, the goods will be delivered to the Customer's place of residence within 30 days of receipt of the order.
Any visible damage and/or qualitative shortcoming of an article or other shortcoming in the delivery must be reported by the Customer to Studio KTO without delay.
The risk of loss or damage passes to the Customer as soon as he (or a third party designated by him, who is not the carrier) has taken physical possession of the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the goods and this choice was not offered by Studio KTO.
Article 6: Retention of title
The delivered items remain the exclusive property of Studio KTO until full payment has been made by the Customer.
If necessary, the Customer undertakes to point out to third parties the retention of title of Studio KTO, e.g. to anyone who would seize the items not yet fully paid for.
Article 7: Right of withdrawal
The provisions of this article only apply to Customers who purchase items online from Studio KTO in their capacity as consumers.
The Customer has the right to withdraw from the agreement within a period of 14 calendar days without stating reasons.
The withdrawal period expires 14 calendar days after the day
a) in the case of service contracts or digital content not supplied on a tangible medium: "from the conclusion of the contract";
b) for sales contracts (including contracts covering both goods and services): "whereby the Customer or a third party designated by the Customer, who is not the carrier, acquires physical possession of the good.";
c) for contracts where the Customer has ordered several goods in the same order that are delivered separately: "on which the Customer or a third party designated by the Customer, who is not the carrier, acquires physical possession of the last good.";
d) for contracts for the delivery of a good consisting of several shipments or parts: "on which the Customer or a third party designated by the Customer, who is not the carrier, acquires physical possession of the last shipment or the last part.";
e) for contracts for regular delivery of goods during a specified period: "on which the Customer or a third party designated by the Customer, who is not the carrier, acquires physical possession of the first good."
To exercise the right of withdrawal, the Customer must inform Studio KTO, Stationsstraat 11 bus 0301, 8660 Adinkerke - info@studiokto.com via an unambiguous statement (e.g. in writing by post, fax or e-mail) of his decision. to revoke the agreement. The Customer can use the attached model withdrawal form for this, but is not obliged to do so.
In order to comply with the withdrawal period, the Customer must send his communication regarding his exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must return or hand over the goods to Studio KTO, Stationsstraat 11 bus 0301, 8660 Adinkerke, without delay, but in any case no later than 14 calendar days after the day on which he communicated his decision to withdraw from the agreement to Studio KTO. The Customer is on time if he returns the goods before the period of 14 calendar days has expired.
We can also collect the goods within a radius of 10 km around Adinkerke.
The direct costs of returning the goods shall be borne by the Customer.
The Customer is requested to return the items in their original condition and packaging, with all accessories supplied, and instructions for use. If the returned product is in any way diminished in value, Studio KTO reserves the right to hold the Customer liable and claim compensation for any loss in value of the goods resulting from the use of the goods by the Customer. that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
All returned items are carefully examined. The basic principle here is that the consumer may only inspect the article as he would be allowed to do in a store. Returned items may be tried on, but must not have been used. When an item has undergone a decrease in value due to the use of the Customer, this will be charged to the Customer.
If the Customer has requested that the provision of services be started during the withdrawal period, the Customer will pay an amount that is proportional to what has already been delivered at the time of notifying us that he is withdrawing from the contract, compared to the full implementation of the agreement.
If the Client withdraws from the agreement, Studio KTO will refund all payments received from the Client up to that point, including the standard delivery costs, to the Client within a maximum of 14 calendar days after Studio KTO has been informed of the Client's decision to cancel the agreement. to revoke the agreement. In the case of sales agreements, Studio KTO can withhold reimbursement until it has received all the goods back, or until the Customer has demonstrated that he has returned the goods, whichever comes first.
Any additional costs as a result of the Customer's choice for a different method of delivery than the cheapest standard delivery offered by Studio KTO will not be refunded.
Studio KTO will refund the Customer with the same payment method with which the Customer performed the original transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not be charged for such reimbursement.
The Customer cannot exercise the right of withdrawal for:
service agreements after full performance of the service (the delivery or provision of goods or services whose price is subject to fluctuations in the financial market over which Studio KTO has no influence and which may occur within the withdrawal period)
the delivery of goods manufactured according to the Customer's specifications, or which are clearly intended for a specific person;
the supply of goods that spoil quickly or with a limited shelf life;
the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
the delivery of goods that are irrevocably mixed with other products after delivery by their nature;
the supply of alcoholic beverages, the price of which is agreed upon at the time of the conclusion of the sales contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the company has no influence;
agreements whereby the Client has specifically requested Studio KTO to visit him to carry out urgent repairs or maintenance;
the delivery of sealed audio and sealed video recordings and sealed computer software, the seal of which has been broken after delivery;
the supply of newspapers, periodicals or magazines, with the exception of contracts for a subscription to such publications;
agreements concluded during a public auction;
the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering and services relating to leisure activities, if a specific date or period of implementation is provided for in the agreements;
the delivery of digital content that is not delivered on a tangible medium, if the execution has started with the express prior consent of the Customer and provided the Customer has acknowledged that he loses his right of withdrawal (e.g. downloading music, software);
the contracts for services for betting and lotteries.
Article 8: Warranty
Under the law of 21 September 2004 on the protection of consumers in the sale of consumer goods, the consumer has legal rights. This legal guarantee is valid from the date of delivery to the first owner. Any commercial warranty does not affect these rights.
To invoke the warranty, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the Customer's home, the Customer must contact Studio KTO customer service and return the item to Studio KTO at its expense.
In the event of a defect, the Customer must inform Studio KTO as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 months after its discovery. Afterwards, any right to repair or replacement lapses.
The (commercial and/or legal) warranty never applies to defects that arise as a result of accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, adjustments or changes to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless proven otherwise by the Customer.
Article 9: Customer service
Studio KTO's customer service can be reached on telephone number +32 58 59 66 26, by e-mail at info@studiokto.com or by post at the following address: Stationsstraat 11 bus 0301 in 8660 Adinkerke. Any complaints can be directed to this.
Article 10: Sanctions for non-payment
Without prejudice to the exercise of other rights available to Studio KTO, in the event of non-payment or late payment from the date of default, the Client will owe an interest of 10% per year on the unpaid amount by operation of law and without notice. In addition, by operation of law and without notice, the Customer owes a fixed compensation of 10% on the amount concerned, with a minimum of 25 euros per invoice.
Notwithstanding the foregoing, Studio KTO reserves the right to take back items that have not been paid (in full) for.
Article 11: Privacy
The controller, Studio KTO, respects the General Data Protection Regulation and the Belgian Privacy Act of 30 July 2018.
The personal data you provide will only be used for the following purposes: the execution of the concluded agreement, processing the order, sending newsletters, advertising and/or marketing purposes. The legal grounds are: the execution of the agreement, the consent, the fulfillment of legal and regulatory obligations and/or the legitimate interest of the company].
You have a legal right to access and any correction, addition or deletion of your personal data. In a number of cases listed in the GDPR, you may also request that the processing of your personal data be restricted. You can also object to the processing of your personal data if you have serious and legitimate reasons for doing so which go beyond our need to process your data. Via a written, dated and signed request to Studio KTO, Stationsstraat 11 bus 0301, 8660 Adinkerke, you can request your personal data in digital and readable form free of charge and/or have it transferred to other responsible parties. To the extent our processing is based on your prior consent, you have the right to withdraw that consent.
In case of use of data for direct marketing: You can object free of charge to the use of your data for direct marketing and do not have to give a reason for this.
To exercise your rights, you can contact Studio KTO, Stationsstraat 11 bus 0301, 8660 Adinkerke or via info@studiokto.com.
We treat your data as confidential information and will not pass it on, rent or sell it to third parties. For more information, see our Privacy Policy [URL].
Article 12: Use of cookies
Our Website uses cookies and similar technologies. This helps us to provide you with a better user experience when you visit our Website and also allows us to optimize our Website. Without your prior consent, we only place the purely functional cookies that are necessary for our Website to work correctly. For all other cookies we first ask for your permission.
For an overview of all cookies that our website places on your device, we refer you to our Cookie Policy [URL].
On your first visit to our website you will be asked to accept our cookies. You can manage your choices yourself at any time afterwards.
You can set your internet browser in such a way that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this via the settings of your browser (via the help function). Keep in mind that certain graphic elements may not appear correctly, or that you will not be able to use certain applications.
Article 13: Infringement of validity - non-renunciation
If any provision of these Terms is held to be invalid, illegal or void, this shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Studio KTO to enforce any of the rights listed in these Terms, or to exercise any right hereof, will never be considered a waiver of such provision and will never affect the validity of these rights. .
Article 14: Change of conditions
These Terms and Conditions are supplemented by other terms and conditions that are explicitly referred to, and the general terms and conditions of sale of Studio KTO. In the event of a conflict, these Terms and Conditions shall prevail.
Article 15: Evidence
The Customer accepts that electronic communications and backups can serve as evidence.
Article 16: Applicable law – Disputes
Belgian law applies, with the exception of the provisions of private international law regarding applicable law.
The courts of the Consumer's place of residence have jurisdiction in legal disputes. The Consumer can also contact the ODR platform ( http://ec.europa.eu/consumers/odr/ ).
Appendix 1: Model withdrawal form
Dear Customer, You only have to fill in and return this form if you want to revoke the agreement.
To Studio KTO, Stationsstraat 11/0301, 8660 Adinkerke - info@studiokto.com:
I/We (*) hereby give notice to you that I/we (*) revoke our agreement concerning the sale of the following goods/provision of the following service (*):
Ordered on (*)/Received on (*):
Name(s) consumer(s) :
Address consumer(s) :
Signature of consumer(s) (only when this form is submitted on paper):
Date :
(*) Strike out what is not applicable.
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