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Welcome to the terms and conditions of Studio Mya.
Please read through them carefully before placing your order.
By using this website and/or placing an order you agree to be
bound by the terms and conditions set out below. Before placing an order, if you have any
queries relating to these terms and conditions, please contact Studio Mya at
info@studio-mya.com. We may change these terms from time to time without noticing you.
Changes will apply to any subsequent orders received. Once your order has been
confirmed, we will not be able to make any changes.Each time you use our services, you
acknowledge that you have read these Terms and agree to be legally bound by them. If
you do not agree to be bound by these Terms, you may not use the website or the services
provided by Studio Mya through its website. Below you will find our Terms & Conditions.
Article 1, Definitions
The following definitions apply to these conditions.
● Trader: the natural or legal person who is offering products and/or services to
consumers over distance;
● Consumer: the natural person who is not acting within the capacity of a profession
or a business and enters into a distance contract with the trader;
● Distance contract: a contract involving the sole use of one or more techniques for
distance communication within a system organized by the trader for the distance
sale of products and/or services, up to and including the moment that the contract
is concluded;
● Technique for distance communication: a means that can be used for concluding a
contract, without the consumer and the trader being in the same place at the same
time;
● Withdrawal period: the period within which the consumer can make use of his/her
right of withdrawal;
● Withdrawal right: the possibility for a consumer to waive the distance contract
within the withdrawal period;
● Day: calendar day;
● Extended duration transaction: a distance contract relating to a series of products
and/or services, the delivery and/or acquisition of which is spread over a period of
time;
● Durable medium: every means that enables the consumer or trader to store
information that is addressed to him/her in person, in a way that permits future
consultation and unaltered reproduction of the stored information.
Article 2, Identity of the trader
The company details are:
Studio Mya
The Netherlands
E-mail: info@studio-mya.com
Phone: +31 651386877
VAT: NL004716791B34
Chambre of Commerce: 89316290
Article 3, Applicability
These general conditions apply to every offer from the trader and to every distance
contract that is concluded between the trader and a consumer. The consumer will be
provided with the text of these general conditions prior to the conclusion of a contract. If
this is not reasonably possible, then the trader should inform the consumer, before a
distance agreement is concluded, that the general conditions are available for inspection
and that they will be sent to the consumer – free of charge – as soon as possible, at the
consumer’s request. If the distance contract is concluded electronically, then, contrary to
the previous paragraph, and before the contract is concluded, the text of these general
conditions may be sent to the consumer electronically, in such a way that the consumer can
easily store them on a durable medium. If this is not reasonably possible, then prior to
concluding the contract, the consumer will be informed where the general conditions can
be accessed electronically and that, upon request, they will be sent to the consumer – free
of charge – either electronically or in some other way. In the event of specific conditions
relating to a product or service, in addition to these general conditions, the second and
third paragraphs apply by analogy and, in the event of conflicting general conditions, the
consumer can always appeal to the applicable stipulation that is most favorable for the
consumer.
Article 4, The offer
If an offer is subject to a limited period of validity, or is concluded subject to conditions,
this will be explicitly mentioned in the offer. The offer contains a complete and accurate
description of the products and/or services being offered. The description is sufficiently
detailed to enable the consumer to make a proper assessment of the offer. If the trader
makes use of illustrations, these will be a true representation of the products and/or
services being offered. The trader is not bound by obvious mistakes or errors in the offer.
Every offer will contain such information that it is clear to the customer what rights and
obligations are involved in accepting the offer. This will include, in particular: the price,
including taxes; any costs of delivery; the way in which the contract will be concluded and
which actions this will require; whether or not the right of withdrawal applies; the method
of payment, delivery or implementation of the contract; the period for accepting the offer,
or the period for adhering to the price; the size of the tariff for distance communication, if
the costs of using the technique for distance communication are calculated on some other
basis than the basic tariff; if the contract is filed subsequent to its conclusion, the way in
which it can be accessed by the customer; how the consumer can obtain information about
actions he does not want taken before concluding the contract, as well as how to rectify
these before the contract is concluded; any other languages, apart from Dutch, in which
the agreement can be concluded; the behavioral codes to which the trader is subject and
how the consumer can consult these behavioral codes electronically; and the minimum
duration of the distance contract, in the event of a contract that involves the continued or
periodical supply of products or services.
Article 5, The contract
The contract is concluded, subject to that which is stipulated in paragraph 4, at the
moment at which the consumer accepts the offer and the applicable conditions have been
fulfilled. If the consumer has accepted the contract electronically, the trader will
immediately confirm receipt of acceptance of the offer electronically. The consumer can
dissolve the contract as long as the receipt of acceptance has not been confirmed. If the
contract is concluded electronically, the trader will take appropriate technical and
organizational measures to secure the electronic transfer of data and ensure a safe web
environment. If the consumer is able to pay electronically, the trader will observe
appropriate security measures. The trader may obtain information – in accordance with
statutory frameworks – about the consumer’s ability to fulfill his payment obligations, and
also about facts and factors that are important for a responsible conclusion of the
distance contract. If that research provides the trader with good grounds for declining to
conclude the contract, then he has the right to reject an order or application or to bind its
implementation to special conditions, thereby stating his grounds. The trader will send to
the consumer, together with the product or service, the following information, in writing, or
in such a way that the consumer can store it on an accessible durable medium: a. the
address of the trader’s business where the consumer can lodge a complaint; b. the
conditions under which the consumer can use the right of withdrawal, and how to do so, or
a clear statement relating to the exclusion of the right of withdrawal; c. information on
existing after-sales service and guarantees; d. the data referred to in Article 4, paragraph
3 of these conditions, unless the trader has already provided the consumer with these prior
to concluding the contract; e. the requirements for terminating the contract, if the duration
of the contract exceeds one year or if it is indefinite. 6. Where the trader has undertaken
to supply a series of products or services, the stipulation in the previous paragraph applies
only to the first delivery.
Article 6a, Right of withdrawal upon delivery of products
When purchasing products, a consumer is able to dissolve the contract, without stating
reasons, during two weeks. This period commences on the day after the product was
received by or on behalf of the consumer. During this period the consumer will treat the
product and its packaging with care. The consumer will only unpack or use the product to
the extent that is necessary in order to determine whether the consumer wishes to retain
the product. If the consumer wishes to exercise his right of withdrawal, then the consumer
will return the product to the trader, with all associated components, and – if this is
reasonably possible – in the original state and packaging, in accordance with the
reasonable and clear instructions provided by the trader. In the interest of hygiene
earrings can not be returned. The consumer is responsible for the return shipment of
products. Therefore we advise our customers to send the return with registered shipping.
Article 6b, Right of withdrawal upon delivery of services
When services are supplied, a consumer is able to dissolve the contract, without stating
reasons, during seven week-days, starting on the day that the contract was concluded. In
order to use the right or withdrawal, the consumer will act in accordance with the
reasonable and clear instructions that were provided by the trader when the offer was
made and/or, at the latest, upon delivery.
Article 7, Costs in a case of withdrawal
If a consumer makes use of his right of withdrawal, he will be charged, at the most, with
the costs of returning the goods. If the consumer has paid a sum, the trader will refund this
sum as quickly as possible, within 30 days at the latest. The trader offers refunds, but
doesn’t offer exchanges. When the consumer wants to exchange his products for other
products then he needs to return his goods, ask for a refund and make a new order.
Article 8, Precluding the right of withdrawal
The trader can only preclude the consumer from having a right of withdrawal if he clearly
stated this fact when making the offer, or at least in good time before concluding the
contract. Preclusion from the right of withdrawal is only possible for products: pierced
products, such as earrings. In the interest of hygiene we cannot accept the return of
earrings, there is no refund on earrings. If the consumer returns a pierced product then
that pierced product will be returned to the consumer by the company on the expenses of
the company; that the trader has developed in accordance with the consumer’s
specifications; that are clearly of a personal nature; that cannot be returned due to their
very nature; that rapidly decay of become obsolete; the price of which is subject to
fluctuations (on the financial market) over which the trader has no influence, the seals of
which have been broken by the consumer. Preclusion from the right of withdrawal is only
possible for services: relating to accommodation, transport, restaurants or leisure activities,
to be carried out on a given date or during a given period; the supply of which
commenced – with the explicit consent of the consumer – before the withdrawal period had
lapsed; relating to bets and lotteries.
Article 9, The price
During the period of validity indicated in the offer, the prices of the products being offered
will not be increased, except as a result of alterations in VAT-tariffs. Contrary to the
previous paragraph, the trader may offer products or services at variable prices, if these
are subject to fluctuations (in the financial market) over which the trader has no influence.
The offer must refer to these fluctuations and the fact that any prices quoted are
recommended prices. Price increases within 3 months after the contract was concluded are
only permitted if they are the result of statutory regulations or stipulations. Price increases
more than 3 months after the contract was concluded are only permitted if this was
stipulated by the trader and: they are the result of statutory regulations or stipulations; or
the consumer has the right to terminate the contract on the day on which the price
increase takes effect. Prices quoted for products or services being offered include VAT.
Article 10, Conformity and Guarantee
The trader guarantees that the products and/or services fulfill the contract, the
specifications stipulated in the offer, reasonable requirements regarding reliability and/or
serviceability, and statutory stipulations and/or government regulations that applied on
the date on which the contract was concluded. A guarantee arrangement offered by the
trader, manufacturer or importer does not affect the rights and claims a consumer can
enforce on the grounds of the law and/or the distance contract, in relation to any failure
on the part of the trader to keep to his obligations vis-á-vis the consumer.
Article 11, Supply and implementation
The trader will take the greatest possible care when receiving and implementing orders for
products and when assessing applications for the provision of services. The place of
delivery is deemed to be the address that the consumer makes known to the company.
Taking into consideration that which is stated in Article 4 of these general conditions, the
company will implement accepted orders with all due speed, within 30 days at the latest,
unless a longer period of delivery has been agreed. If delivery is delayed, or if an order
cannot be fulfilled, or only partially, the consumer will be informed about this, at the latest
within one month after the order was placed. In that case, the consumer has a right to
dissolve the contract, free of charge, and a right to possible damages. In a case of
dissolution as described in the previous paragraph, the trader will refund the consumer
with the sum paid as quickly as possible, at the latest within 30 days after the dissolution.
Should it prove impossible to deliver a product that has been ordered, the trader will
attempt to provide a replacement article. The trader will indicate, clearly and intelligibly,
that a replacement article is being supplied, at the latest upon delivery. The right of
withdrawal cannot be precluded in the event of replacement articles. The trader will be
charged with the costs of return shipments. The risk of damage and/or loss of products
rests upon the trader up to the moment of delivery to the consumer, unless this has
explicitly been agreed otherwise.
Article 12, Extended duration transactions
A consumer has at all times the right to terminate a contract that has been concluded for
an indefinite period of time, taking into consideration the applicable rules of termination
and a maximum one-month period of notice for terminating the contract. The maximum
validity of a contract concluded for an indefinite period of time is two years. If the parties
have agreed that the distance contract will be automatically extended, then the contract
will be continued as a contract for an indefinite period of time and the maximum period of
notice for terminating the continued contract will be one month.
Article 13, Payment
The trader accepts payments made via Paypal & Ideal. The trader’s prices are displayed in
Euros. The rates are recalculated each night. Please note if you choose to pay in a currency
different to your own “local” currency, then your credit/debit card provider may charge you
exchange rate costs. In the event that no later date has been agreed, the payment of
products and services need to be paid for before the consumer receives the products or
services, unless otherwise agreed. The consumer needs to pay for the goods within two
weeks after the order has been placed. Where advance payment is stipulated, the
consumer cannot invoke any rights relating to the implementation of the order or
service(s) before the stipulated advance payment has been made. The consumer is obliged
to inform the trader immediately of any inaccuracies in payment data provided or
communicated. In the event of non-payment by the consumer, the trader has the right,
subject to statutory limitations, to charge the consumer reasonable costs about which the
consumer was informed in advance.
Article 14, Complaints procedure
The trader provides for a complaints procedure, that has been given sufficient publicity,
and will deal with a complaint in accordance with this complaints procedure. A consumer
who has discovered a defect should submit to the trader, without delay, a comprehensive
and clearly specified complaint about fulfillment of the contract. A reply regarding
complaints submitted to a trader will be provided within a period of 14 days, calculating
from the date of receipt. If a complaint is expected to require a longer period of time for
processing, then the trader will reply within 14 days, confirming receipt and indicating when
the consumer can expect a more elaborate reply.
Article 15, Additional or alternative stipulations
Any additional stipulations, or ones that differ from these general conditions, may not be
detrimental to the consumer and they must be recorded in writing or in such a way that a
consumer can easily store them accessible on a durable medium.
Article 16, promotions or discounts
Studio Mya’s offers are not retroactive and cannot be used in conjunction with other
discounts or special offers.
Article 17, prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited
from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of others; (e) to
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based
on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f)
to submit false or misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will affect the functionality
or operation of the Service or of any related website, other websites, or the Internet; (h) to
collect or track the personal information of others; (i) to spam, phish, pharm, pretext,
spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related website, other websites, or
the Internet. We reserve the right to terminate your use of the Service or any related
website for violating any of the prohibited uses.
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