GENERAL TERMS AND CONDITIONS 

Kasabada Studio 
E-mail: [email protected]
Website: www.kasabadastudio.com

Definitions

1. Kasabada Studio: Kasabada Studio, established in Enschede, Chamber of Commerce no. 80731031.
2. Customer: the party which Kasabada Studio has entered into an agreement with.
3. Parties: Kasabada Studio and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

General knowledge

1. The website www.kasabadastudio.com is the property of Kasabada Studio
2. The general terms and condition apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Kasabada Studio. 
3. All agreements that are entered with Kasabada Studio are governed by Dutch law.

Applicability

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Kasabada Studio. By placing an order, the Customer agrees to the general terms and conditions. If you have any questions about these terms and conditions, please contact us at [email protected]
2. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Product availability & Description

1. The products of Kasabada Studio can only and exclusively be purchased online at Kasabadastudio.com. All products are supplied according to availability at the time of order.
2. Kasabada Studio reserves the right to change the amount and/or the supply of the products that are purchased through the site at any time.
3. The Customer is warned if the required product is not available. Kasabada Studio tries its best to make sure the information on the website is correct including product availability, size, colour, type, quantity of stock available and product description. However, while we try our best to ensure that the product information on the website is correct, typographical errors or inaccuracies may occur. Therefore, we reserve the right to correct any errors, inaccuracies or omissions and the right to change and update information at any time without prior notice (including after you have submitted an order). Please note that the information provided about products on the Site is for information purposes only. Please make sure you read all labels, warnings and directions provided with the product before use. 
4. The colours of the products used on the website may vary. The colours and the products on the website depend on the customer's monitor/screen. Kasabada Studio cannot guarantee that the display of colours will be accurate and colours may vary.

Purchase agreement

1. The purchase agreement entered by and between Kasabada Studio and the Customer, is concluded and the parties duly contracted at the time the Customer places an order and the payment has been processed, received and approved by the chosen payment method provider.
2. The Customer’s order that has been received by Kasabada Studio is only binding if the entire purchase procedure has been followed properly and correctly, without any errors on the site. Kasabada Studio is not responsible for any errors, caused by a technical failure of the internet connection of the Customer.
3. By placing an order, the Customer acknowledges and confirms that he/she is aware of the instructions in the purchasing process, he/she has accepted them and that he/she fully agrees to the terms hereof.

Prices

1. All prices used by Kasabada Studio are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. Kasabada Studio is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 
3. If Kasabada Studio accidentally listed a wrong price , which is obvious incorrect, Kasabada Studio has the right to adjust the price accordingly even after the Customer has placed an order
   Increases in the cost prices of products or parts thereof, which Kasabada Studio could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Payment 

1. At Kasabada Studio Customers can choose from the following secure payment methods:

• Ideal
• Paypal
• Apple Pay
• Creditcard: Mastercard, Visa, Maestro
• Bancontact
• Giropay
• Klarna

2. Transactions are only written off the creditcard of the Customer after the credit card information is verified; the authorization for the payment of the credit card booking is received from the issuer of the credit card used by the Customer, and the availability of the product by lumi3re.com is sufficient, and therefore, the order is ready to be performed.
   At the time of shipment of the order proposal will not be written off, with the exception of any necessary costs for checking the validity of the credit card.

Shipping

1. All items are shipped within 1-2 business days from the day the order was placed. Kasabada Studio will only send a product after a payment is cleared.
2. We currently only shop in the EU and UK. Do you want to order outside from the EU? Contact us at [email protected] for more information. We will try to help you as best as we can.  Additional fees, expenses, charges and customs for worldwide international shipping will be paid by the Customer.
3. Kasabada Studio ships with with DHL or POSTNL by using the online platform of Myparcel. 
4. Kasabada Studio does not deliver to P.O. Box addresses.
5. All orders are shipped with an official invoice declaring the exact total of merchandise purchased in Euro.
6. It is illegal to declare lower values or items as gifts as per international import regulations
7. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Kasabada Studio may not be held liable for any damages, if the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Kasabada Studio, failing which Kasabada Studio cannot be held liable for any damage.

Shipping fee

Check our Shipping and Return costs and policy on our Shipping & Returns page. 

Delivery 

1. Delivery takes place while stock last.
2. Delivery takes place at Kasabada Studio unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer. 
4. If the agreed price is not paid on time, Kasabada Studio has the right to suspend its obligations until the agreed price is fully paid. 
5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Kasabada Studio.

Delivery period

1. Kasabada Studio aims for estimated delivery within 5 working days in the Netherlands. Kasabada Studio is not responsible or liable for any events outside or control.
2. Any delivery period specified by Kasabada Studio is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
3. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Kasabada Studio. 
4. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Kasabada Studio cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.
5. The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Exchange & Returns

You can return your order within 14 days when our conditions are met by using the online return portal from Myparcel.nl. All the necessary information will be sent through e-mail when you order is shipped. After requesting a return through the online portal from Myparcel, you can drop off your return order at a designated location. Here the return label will be printed for you at the drop-off location.

Return costs will not be reimbursed. So please check our sizing chart carefully before you order. You can always contact us with questions regarding fit and sizing through our contact form or e-mail us a [email protected]. 

We advice to use the online portal, but if the online portal does not work or if you need help you can contact us and request a return form at [email protected]

Conditions for Returns

• Returns and exchanges take place within 14 days after purchase upon presentation of the original invoice and the return form or through the online return portal from Myparcel.nl. We will not accept returns when we are not first informed of a return through e-mail or the online portal.
• the product is returned in the original packaging or with the original (price) tags still attached to it 

• the product has not been used.
• Discounted items and custom made items or specially adapted articles for the customer cannot be exchanged nor returned.
• We remain the right to refuse the returned items, when worn, damaged or incomplete.
• To request an exchange for another item, please email to: [email protected]
  All exchange requests will be subject to availability. We will process an exchange only when contacted through e-mail and when the return package is received by Kasabada Studio.

1. Refunds will be made within 10 working days of receipt and inspection.
2. Shipping costs are non-refundable.
3. Return costs will not be reimbursed. The costs and responsibility of the return are your responsibility unless the condition of your purchase has deteriorated or damaged through no fault of your own. The costs for returning the complete order will be borne by the consumer.  
4. Kasabada Studio can only transfer the refund to the account with which the original payment was made.
5. You can return the package to:

Kasabada Studio
Van Diemenstraat 77
7535AL Enschede/The Netherlands

Guarantee

1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 
2. Kasabada Studio uses fabrics that are made of natural fibre. Natural fibers are unique and may have slight irregularities in texture, color and print. Natural fibers may change in quality and colour when worn, used and washed. (f.e. pilling, color change) Kasabada Studio is not responsible or liable for changes when worn, used and washed due to the natural quality of the fabric. We recommend you to read and apply the wash & care instructions carefully.
3. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Complaints

We make sure that our products are of the highest quality. If you have any complaints about the product, please contact us via e-mail with proof and pictures at [email protected]

1. The customer must examine a product or service provided by Kasabada Studio as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Kasabada Studio of this as soon as possible, but in any case within 14 days after the discovery of the shortcomings. 
3. The customer must provide any notice of default to Kasabada Studio in writing by e-mail with a detailed description and pictures of the shortcomings, so that Kasabada Studio is able to respond adequately. 
4. The customer must demonstrate that the complaint relates to an agreement between the parties and is applicable to the warranty.
5. If a complaint relates to ongoing work, this can in any case not lead to Kasabada Studio being forced to perform other work than has been agreed.
6. It is the responsibility of the customer that a notice of default actually reaches Kasabada Studio (in time). 

Authenticity & Intellectual Property

1. Kasabada Studio guarantees the authenticity of all products ordered through the site be purchased.
   2 The original Kasabada Studio products are sold exclusively on the internet through the site www.kasabadstudio.com. All intellectual property rights such as trademarks, service marks, brands, and copyrights are the exclusive property of Kasabada Studio. No page or other contents of the site may be reproduced without the prior written permission of Kasabada Studio.

Right of recovery of goods 

1. As soon as the customer is in default, Kasabada Studio is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. Kasabada Studio invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Kasabada Studio, unless the parties agree to make other arrangements about this. 
4. The costs for the collection or return of the products are at the expense of the customer.

Right of withdrawal 

1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

• the product has not been used
• it is not a product that can spoil quickly, like food or flowers
• the product is not specially tailored for the consumer or adapted to its special needs
• it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
• the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
• the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity,
• the product is not a separate magazine or a loose newspaper
• the consumer has not renounced his right of withdrawal

2. The cooling-off period of 14 days as referred to in paragraph 1 commences:
   • on the day after the consumer has received the last product or part of 1 order
   • as soon as the consumer has received the first the product of a subscription
   • as soon as the consumer has confirmed the purchase of digital content via the internet

3. The consumer can notify his right of withdrawal via [email protected], if desired by using the withdrawal form that can be requested through e-mail by [email protected]
4. The consumer is obliged to return the product to Kasabada Studio within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse. 

Suspension of obligations by the customer

1. The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention 

1. Kasabada Studio can appeal to his right of retention of title and in that case retain the products sold by Kasabada Studio to the customer until the customer has paid all outstanding invoices with regard to Kasabada Studio, unless the customer has provided sufficient security for these payments. 
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Kasabada Studio.
3. Kasabada Studio is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement 

The customer waives his right to settle any debt to Kasabada Studio with any claim on Kasabada Studio. 

Retention of title 

1. Kasabada Studio remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Kasabada Studio under whatever agreement with Kasabada Studio including of claims regarding the shortcomings in the performance.
2. Until then, Kasabada Studio can invoke its retention of title and take back the goods. 
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 
4. If Kasabada Studio invokes its retention of title, the agreement will be dissolved and Kasabada Studio has the right to claim compensation, lost profits and interest.

Indemnity

The customer indemnifies Kasabada Studio against all third-party claims that are related to the products and/or services supplied by Kasabada Studio. 

Liability of Kasabada Studio

1. Kasabada Studio is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. 
2. If Kasabada Studio is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. Kasabada Studio is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If Kasabada Studio is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from Kasabada Studio shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution

1. The customer has the right to dissolve the agreement if Kasabada Studio imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 
2. If the fulfillment of the obligations by Kasabada Studio is not permanent or temporarily impossible, dissolution can only take place after Kasabada Studio is in default. 
3. Kasabada Studio has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Kasabada Studio good grounds to fear that the customer will not be able to fulfill his obligations properly. 

Force majeure

1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Kasabada Studio in the fulfillment of any obligation to the customer cannot be attributed to Kasabada Studio in any situation independent of the will of Kasabada Studio, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Kasabada Studio . 
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
3. If a situation of force majeure arises as a result of which Kasabada Studio cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Kasabada Studio can comply with it. 
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
5. Kasabada Studio does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Changes in the general terms and conditions

1. Kasabada Studio is entitled to amend or supplement these general terms and conditions. 
2. Changes of minor importance can be made at any time. 
3. Major changes in content will be discussed by Kasabada Studio with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

1. The customer cannot transfer its rights deferring from an agreement with Kasabada Studio to third parties without the prior written consent of Kasabada Studio. 
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code. 

Consequences of nullity or annullability

1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Kasabada Studio had in mind when drafting the conditions on that issue.

Applicable law and competent court

1. Dutch law is exclusively applicable to all agreements between the parties. 
2. The Dutch court in the district where Kasabada Studio is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Drawn up on 01 januari 2023.