Terms and conditions

Company information
Atelier Naerebout
Graafschapstraat 5-1
1079PD, Amsterdam
Tel: +31(0)6 147 88 201
Email: info@ateliernaerebout.com
Web: www.ateliernaerebout.com
KvK: 52811352
VAT ID. Nr: NL001756626B81

1. Governing Conditions
1.1 These General Terms and Conditions apply to all offers, agreements and deliveries concerning products created by Atelier Naerebout. In these General Conditions Atelier Naerebout’s other party will be referred to as the ‘Buyer’.
1.2 Any terms and conditions of purchase of the Buyer will not exclude or restrict the applicability of these General Conditions.
1.3 Atelier Naerebout reserves the right to revise these terms and conditions. The date of the latest update is 20-08-2020. Users are responsible for keeping themselves updated with such changes.

2. Offers and agreements
2.1 All offers and quotations by Atelier Naerebout are without commitment.
2.2 Agreements between Atelier Naerebout and the Buyer will be concluded upon written acceptance by Atelier Naerebout. The Buyer may cancel assignments given only with Atelier Naerebout’s consent.

3. Delivery periods
Delivery periods stated by Atelier Naerebout are for information purposes and may not be regarded as being of the essence, unless otherwise expressly agreed in writing.

4. Change of circumstances and force majeure
4.1 If after the conclusion of an agreement the prices of raw materials, wages, import duties, taxes or other external costs increase (whether or not as a result of exchange rate fluctuations), Atelier Naerebout will have the right to adjust its sales price to that increase. Atelier Naerebout must inform the Buyer of such a circumstance as soon as possible, after which the Buyer will have the right to dissolve the agreement within a period of eight days.
4.2 If Atelier Naerebout is unable to perform the agreement due to an event of force majeure, it will have the right to dissolve the agreement in full or in part or to suspend its obligations until the event of force majeure has ended. The Buyer will in that case be obligated to pay for any products already delivered.

5. Deviations
All details, models and pictures concerning colours, materials, dimensions and finishing will be for information purposes only. Minor deviations will in no event be grounds for rejection, discount, dissolution of the agreement or damages.

6. Shipping
Netherlands: Shipping is €7,50. Free shipping on orders above €200,-. For larger furniture and limited editions an additional shipping fee may be added.
Europe: Shipping is €15,-. Free shipping on orders above €200,-. For larger furniture and limited editions an additional shipping fee may be added.
Rest of the world: The shipping cost will be calculated at checkout, depending on the size of the order and the shipping destination.
Standard handling time is 2-4 working days. Delivery time varies depending on the location.
Once the order has been placed, Atelier Naerebout will send you an order confirmation, followed by a tracking mail once the package has been sent.

*Atelier Naerebout reserves the right to fully refund and cancel free shipping orders outside of the EU.

7. Buyer’s refusal to take delivery
If the Buyer refuses to take delivery, Atelier Naerebout may charge the resulting costs to the Buyer. In that case Atelier Naerebout will furthermore have the right to dissolve the agreement, without prejudice to its right to claim full damages.

8. Payment and prices
8.1 We accept payments by Ideal, Apple Pay, PayPal and Creditcard. The full amount will be charged on the date of the shipment (i.e. when the package is dispatched). If your country is part of the European Union (EU), prices include Dutch VAT of 21 %. Shipping costs may be added to your order.
8.2 Orders to countries outside the EU may be subject to VAT, import duties and/or taxes, which are levied once your package reaches your country. Ateliernaerebout.com ships your package according to Incoterm Delivered Duty Unpaid (DDU). This means that we do not collect VAT, duties and/or taxes on orders to countries outside the EU and we cannot predict what your particular charges may be.
8.3 If you do incur any such additional charges they must be rendered in order for your package to clear customs. Please contact your local customs office for more information. Atelier Naerebout does not keep its customers’ payment card details.

9. Right to postpone obligations
If the Buyer is in default or if Atelier Naerebout has good reason to fear that the Buyer will not fulfill its obligations or will not do so in full and/or in time, Atelier Naerebout will have the right to postpone its obligations under all agreements between the parties in full or in part, or to dissolve such agreements in full or in part, without any notice of default or judicial intervention being required, and without being liable for any damages, in which case all obligations of the Buyer will fall due immediately.

10. Complaints
10.1 If applicable, the Buyer must inform Atelier Naerebout accurately, in detail and in writing off any complaints concerning the products delivered, within ten days of receipt of the products, or immediately in the event of visible defects.
10.2 Without prejudice to the preceding paragraph, the Buyer must inspect the products delivered to it before using them, having them used, implementing them or selling them.

11. Return shipments
11.1 During 14 days following the delivery of your order, you may request the refund of items, which you must return to us in unused condition accompanied by the original invoice. Returns will only be accepted if labels and original packaging are fully intact and in a re-sellable condition.
11.2 Atelier Naerebout cannot accept returns where labels have been removed or products opened. In the case of a product broken during transportation, please send a photo proof to info@ateliernaerebout.com. In case of a lost parcel when returning an item, Atelier Naerebout can not be held responsible.
11.3 Refunds for returned merchandise will be made within two weeks of the return of the product, to the original purchaser’s credit card. Note that additional duties and/or taxes will not be refunded. For countries within the EU, VAT will be included in the refund. All exchanges are subject to availability. Faulty items will be replaced by the same type of product, subject to availability. Refunds for faulty items can be made within the 14-day period following delivery.
11.2 Returns are not possible on items which are custom made and/or where a discount has been applied.
For questions about the return process contact info@ateliernaerebout.com.

12. Intellectual property rights
Atelier Naerebout owns and retains all intellectual property rights that apply to or may be created in respect of the design.

13. Disclaimer
We do not guarantee that all the items available at the ateliernaerebout.com online shop are in stock at the time of your order. In case we are out of stock of any items in your order we will contact you by phone or by e-mail. Atelier Naerebout cannot warrant that the content of ateliernaerebout.com is at all time free of inaccuracies or typographical errors. Neither can we guarantee that all information is up-to-date. Atelier Naerebout may at any time change the content of the site and the items available in the product range. Though Atelier Naerebout strives to always display the correct texts, images and pricing in the site and web shop, errors may occur. If you have been charged the wrong amount when shopping from the web shop, we will give you the option of placing a new order with the correct price or canceling your order. If we are unable to get in touch with you, your order will be automatically cancelled. Atelier Naerebout cannot be held responsible for any damage caused from using the site or not being able to use the site. Atelier Naerebout cannot guarantee a problem-free, uninterrupted and secure access to the website.

14. Copyright permission notice
Copyright (including without limitation, the trademarks of Atelier Naerebout, logos, graphics, text, photos, designs, logos, icons, images data and software) provided in this web site are owned by or licensed to Atelier Naerebout and its affiliates. Atelier Naerebout may in the Terms and Conditions be referred to as ‘us’ or ‘we’. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use, provided this Copyright Permission Notice is included in all such copies. You may not charge anyone for use of the material and you may not publish, retransmit or otherwise distribute the material to others without prior written consent from Atelier Naerebout. You may not modify the material in any way, without the prior written permission from Atelier Naerebout. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied. For press inquiries, please contact us at info@ateliernaerebout.com.

15. Trademarks
Our trade marks include (amongst others) the Atelier Naerebout name and logo. These trademarks may be used or registered in more than one country and your use of this web site does not grant you any rights to use our trade marks.

16. Security
Atelier Naerebout uses Secure Socket Layers (SSL), the industry standard in transferring information to process your orders.

17. Cookies
www.ateliernaerebout.com uses cookies in order to improve your experience on the site. The cookie identifies your computer and allows the site to remember your personal settings. Cookies are also used for statistical purposes.

18. Links
www.ateliernaerebout.com may contain links to other websites beyond our control. We cannot be held responsible for content or privacy policies of such sites.

19. Liability
19.1 Atelier Naerebout is not liable for damage caused by incompetent/irregular use of the goods supplied or by their use for a purpose other than that for which they are suitable according to objective criteria; due to Atelier Naerebout acting based on incorrect or incomplete information provided by or on behalf of the customer;
. by third parties who are involved in the execution of the agreement at the request or with the consent of the
. by materials or services supplied by third parties at the request or with the consent of the customer or attached to
the delivered goods by the customer or with which the delivered goods are treated (not under the terms of the
. by misunderstandings, damage, delays or improper registration of orders and communications as a result of the
use of the internet or any other (electronic) means of communication.
19.2 Only direct damage and damage attributable to Atelier Naerebout shall be eligible for compensation. Liability for indirect damage including, but not limited to, consequential damage, loss of profit, destroyed or lost data or materials, or reduced revenue is expressly excluded. In the case of a consumer purchase, this restriction does not extend beyond that which is permitted pursuant to Section 7:24 Subsection 2 of the Dutch Civil Code.
To the extent that Atelier Naerebout is liable for compensation for damage, such compensation shall be limited to a maximum of the invoiced amount relating to the relevant delivery or partial delivery. In all cases, the amount of the claim shall at all times be limited to a maximum of the amount that the Atelier Naerebout insurer will pay Atelier Naerebout in the event of a claim.
19.3 The customer indemnifies Atelier Naerebout against claims from third parties who suffer damage in connection with the execution of the agreement and whose cause is attributable to the customer.

20. Warranty
A 6 months warranty is applicable to defects in materials and workmanship. Atelier Naerebout declares to have properly constructed the product, out of proper materials. If a defect might occur, after normal usage, handling and/or assembly of the item, the warranty is limited to a period of 6 months. After occurrence the item(s) should be send back to Atelier Naerebout for investigation to determine if warranty is applicable.

In no situation Atelier Naerebout is responsible for consequential damages due to the (partial) failure of the product(s).
Atelier Naerebout is not responsible for return shipping costs nor for handling charges. In case of a lost parcel when returning an item, Atelier Naerebout can not be held responsible.

21. Violation of rules
Atelier Naerebout reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access to the site. Individuals violating the restriction of password protected areas of the site may be subject to prosecution.

22. Dutch law
These General Terms and Conditions are governed by Dutch law. In the event of disputes, the court of the place where the designer has its registered office will be the competent court, unless that conflicts with the rules on the territorial jurisdiction of Cantonal Courts.