Terms and conditions

E-mail:  info@chapterfernweh.com
Website: www.chapterfernweh.com

Article 1 – Definitions

chapter fernweh: studio fernweh, located in Rotterdam, Chamber of Commerce (KvK) number 85031623.

Customer: the party with whom chapter fernweh has entered into an agreement.

Parties: chapter fernweh and Customer together.

Consumer: a Customer who is also an individual and acts as a private person.

Article 2 – Applicability

These terms and conditions apply to all quotations, offers, work, orders, agreements, and deliveries of services or products by or on behalf of chapter fernweh.

chapter fernweh and the Customer can only deviate from these terms and conditions if agreed upon in writing.

chapter fernweh and the Customer expressly exclude the applicability of the Customer’s or others’ general terms and conditions.

Article 3 – Prices

chapter fernweh uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs unless otherwise agreed in writing.

chapter fernweh may change the prices of its services and products on its website and in other communications at any time.

Increases in the costs of products or parts thereof that chapter fernweh could not foresee at the time of the offer or the conclusion of the agreement may lead to price increases.

The consumer has the right to cancel an agreement due to a price increase in clause 3 unless the increase is the result of a legal regulation.

Article 4 – Samples and Models

If the Customer has received a sample or model of a product, they cannot derive any rights from it other than that it is an indication of the nature of the product, unless agreed upon in writing that the delivered products correspond to the sample or model.

Article 5 – Payments and Payment Term

chapter fernweh may request an advance payment of up to 50% of the agreed amount when entering into the agreement.

The Customer must have made a post-payment within 7 days after delivery.

The payment terms used by chapter fernweh are strict payment terms. This means that if the Customer has not paid the agreed amount by the last day of the payment term, they are automatically in default without chapter fernweh having to send a reminder or notice of default to the Customer.

chapter fernweh may make a delivery dependent on immediate payment or demand a security deposit for the total amount of the services or products.

Article 6 – Right of Reclamation

If the Customer is in default, chapter fernweh may invoke the right of reclamation regarding the unpaid products delivered to the Customer.

chapter fernweh exercises its right of reclamation by written or electronic communication to the Customer.

Once the Customer is informed of the invoked right of reclamation, the Customer must immediately return the relevant products to chapter fernweh unless agreed otherwise in writing.

The Customer bears the costs of retrieving or delivering the products in clause 3.

Article 7 – Right of Withdrawal

A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when:

• the product has been used
• it is a product that can quickly deteriorate, such as food or flowers
• it is a product that is specially made or adapted for the consumer
• it is a product that cannot be returned for hygiene reasons, such as underwear or swimwear
• the sealing is broken, in the case of data carriers with digital content, such as DVDs or CDs
• the product or service concerns accommodation, travel, a restaurant business, transportation, a catering assignment, or a form of leisure activity
• the product is a single magazine or newspaper
• the consumer has waived their right of withdrawal

The 14-day cooling-off period in clause 1 begins:

• on the day after the consumer receives the last product or part of 1 order
• as soon as the consumer has confirmed that they will consume digital content via the internet

The consumer can exercise their cooling-off period by sending an email with that subject to info@chapterfernweh.com, possibly using the withdrawal form available on the website of chapter fernweh, www.chapterfernweh.com.

The consumer must return the product to chapter fernweh within 14 days after notifying them of their right of withdrawal, failing which their right of withdrawal will lapse.

Article 8 – Reimbursement of Delivery Costs

If the consumer has timely revoked their purchase and returned the entire order to chapter fernweh, chapter fernweh will reimburse any shipping costs paid by the consumer within 14 days of receiving the timely fully returned order.

The costs for delivery are only borne by chapter fernweh to the extent that the entire order is returned.

Article 9 – Reimbursement of Return Costs

If the consumer exercises their right of withdrawal and returns the entire order on time, the Customer pays the costs for it.

Article 10 – Right of Retention

chapter fernweh may use its right of retention and, in that case, keep the Customer’s products until the Customer has paid all outstanding invoices of chapter fernweh, unless the Customer has provided sufficient security for those costs.

The right of retention also applies based on previous agreements for which the Customer still owes money to chapter fernweh.

chapter fernweh is not liable for any damage the Customer may suffer due to the use of its right of retention.

Article 11 – Retention of Ownership

chapter fernweh remains the owner of all delivered products until the Customer has paid all outstanding invoices of chapter fernweh regarding an underlying agreement, including claims for failure to perform.

Until that time in clause 1, chapter fernweh may use its retention of ownership and take back the goods.

Before ownership is transferred to the Customer, the Customer may not pledge, sell, alienate, or encumber the products in any other way.

When chapter fernweh uses its retention of ownership, the agreement is thereby undone, and chapter fernweh may demand compensation, lost profits, and interest from the Customer.

Article 12 – Delivery

Delivery takes place as long as stock lasts.

Delivery takes place at chapter fernweh unless otherwise agreed.

Delivery of products ordered online takes place at the address indicated by the Customer.

If the Customer does not pay the agreed amounts or does not pay them on time, chapter fernweh may suspend its obligations until the Customer pays.

In case of late payment, there is creditor default, so the Customer cannot object to a delayed delivery to chapter fernweh.

Article 13 – Delivery Time

The delivery times of chapter fernweh are indicative. If delivered later, the Customer cannot derive any rights from it unless agreed upon in writing otherwise.

The delivery time starts when the Customer has completed the ordering process and has received confirmation from chapter fernweh.

The Customer is not entitled to compensation and cannot cancel the agreement if chapter fernweh delivers later than agreed. The Customer may cancel the agreement if it is agreed upon in writing or if chapter fernweh cannot deliver within 14 days, after a written reminder or if the Customer and chapter fernweh have agreed otherwise.

Article 14 – Actual Delivery

The Customer must ensure that the actual delivery of their ordered products can take place on time.

Article 15 – Transport Costs

The Customer pays the costs for transport unless the Customer and chapter fernweh have agreed otherwise in writing.

Article 16 – Packaging and Shipping

If the packaging of a delivered product is opened or damaged, the Customer must have a note made by the carrier before accepting the product. If the Customer fails to do so, they cannot hold chapter fernweh liable for any damage.

If the Customer arranges the transport of a product themselves, they must report any visible damage to products or packaging before transport to chapter fernweh. If the Customer fails to do so, they cannot hold chapter fernweh liable for any damage.

Article 17 – Storage

If the Customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.

Any additional costs due to premature or delayed acceptance of products are entirely borne by the Customer.

Article 18 – Warranty

The warranty on products applies only to defects caused by faulty manufacturing or construction or defective material.

The warranty does not apply to:

• normal wear and tear
• damage caused by accidents
• damage caused by alterations to the product
• damage due to negligence or improper use by the Customer
• when the cause of the defect cannot be clearly determined

The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties passes to the Customer at the moment they are legally and/or factually delivered, or at least come into the possession of the Customer or a third party who receives the product on behalf of the Customer.

Article 19 – Exchange

The Customer may exchange a purchased item. The following conditions apply:

• exchange takes place within 14 days of purchase, with the Customer presenting the original invoice
• the product is returned in the original packaging and with the attached original price tag
• the product has not been used

Discounted items, perishable products, custom-made items, or items specially adapted for the Customer cannot be exchanged.

Article 20 – Indemnification

The Customer indemnifies chapter fernweh against all claims from others related to the products and/or services delivered by chapter fernweh.

Article 21 – Complaints

The Customer must examine a product or service delivered by chapter fernweh for any deficiencies as soon as possible.

If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must notify chapter fernweh of this within 1 month after discovering the deficiency.

A consumer must notify chapter fernweh of this no later than 2 months after discovering the deficiency.

The Customer provides the most detailed description possible of the deficiency so that chapter fernweh can respond appropriately.

The Customer must prove that the complaint relates to an agreement between the Customer and chapter fernweh.

When a complaint concerns ongoing work, the Customer cannot demand that chapter fernweh performs other work than agreed upon.

Article 22 – Notice of Default

The Customer must make any notice of default known to chapter fernweh in writing.

The Customer is responsible for ensuring that their notice of default reaches chapter fernweh on time.

Article 23 – Liability of the Customer

When chapter fernweh enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.

Article 24 – Liability of chapter fernweh

chapter fernweh is only liable for damage suffered by the Customer if that damage is caused by intent or conscious recklessness.

When chapter fernweh is liable for damage, it only applies to direct damage related to the execution of an underlying agreement.

chapter fernweh is not liable for indirect damage, such as consequential damage, lost profits, or damage to third parties.

When chapter fernweh is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance. If no insurance has been taken out or no amount is paid out, the liability is limited to the (part of the) invoice amount to which the liability relates.

All images, photos, colors, drawings, descriptions on the website, or in a catalog are only indicative and cannot lead to any compensation, dissolution, or suspension.

Article 25 – Expiry Period

Any right of the Customer to compensation from chapter fernweh expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude what is stipulated in Article 6:89 BW.

Article 26 – Termination

The Customer may cancel the agreement if chapter fernweh is culpably in default of its obligations unless this default does not justify the termination due to its special nature or minor significance.

If the performance of the obligations by chapter fernweh is still possible, termination can only take place after chapter fernweh is in default.

chapter fernweh may cancel the agreement with the Customer if the Customer does not fulfill their obligations under the agreement in full or on time, or if chapter fernweh becomes aware of circumstances that give it good grounds to believe that the Customer will not fulfill their obligations.

Article 27 – Force Majeure

In addition to Article 6:75 BW, it is stipulated that a failure by the Customer to chapter fernweh cannot be attributed to chapter fernweh when force majeure is present.

Under the force majeure situation in paragraph 1, this includes but is not limited to:

• Emergency situations such as a civil war or natural disaster
• Non-performance or force majeure by suppliers, delivery services, or others
• Power, electricity, internet, computer, or telecom disruptions
• Computer viruses
• Strikes
• Government measures
• Transportation problems
• Adverse weather conditions
• Work stoppages

In the event of a force majeure situation preventing chapter fernweh from fulfilling one or more obligations to the Customer, these obligations will be suspended until chapter fernweh can fulfill them.

From the moment a force majeure situation has lasted at least 30 calendar days, both the Customer and chapter fernweh are entitled to cancel the agreement in writing in whole or in part.

chapter fernweh is not obliged to pay compensation to the Customer in a force majeure situation, even if chapter fernweh benefits from it.

Article 28 – Amendment of Agreement

If necessary for its execution, a closed agreement can be modified by mutual agreement between the Customer and chapter fernweh.

Article 29 – Amendment of General Terms and Conditions

chapter fernweh may amend these general terms and conditions.

Minor changes may be implemented by chapter fernweh at any time.

Substantial changes will be discussed with the Customer as much as possible before implementation.

In the case of substantial changes to the general terms and conditions, a consumer has the right to terminate the underlying agreement.

Article 30 – Transfer of Rights

The Customer may not transfer rights from an agreement with chapter fernweh to others without the written consent of chapter fernweh.

This provision is considered a stipulation with proprietary effect as per Article 3:83 paragraph 2 BW.

Article 31 – Consequences of Nullity or Annulment

If one or more provisions of these general terms and conditions prove to be null or voidable, this does not affect the other provisions of these terms and conditions.

A provision that is null or voidable will be replaced by a provision that comes closest to what chapter fernweh intended at that point when formulating the conditions.

Article 32 – Applicable Law and Competent Judge

Dutch law applies to these general terms and conditions and every underlying agreement between the Customer and chapter fernweh.

The court in the district of the establishment of chapter fernweh has exclusive jurisdiction to hear any disputes between the Customer and chapter fernweh, unless the law determines otherwise.

Drafted on January 23, 2024.