Terms & Conditions
Home Studyo bv
Kasteellaan 349A
9000 Ghent
VAT: BE1001249935
info@homestudyo.be
Telephone: +32473990509
Hereafter "HOME STUDYO" or "www.homestudyo.be"
1. Introduction
These General Purchase Terms and Conditions, as well as the documents mentioned (herein, govern the use of each and every webpage designed and addressed to Belgium under the domain www.homestudyo.be) as well as their respective subdirectories, irrespective of whatever application, digital medium, support or device is used to access said webpages (hereinafter, jointly, the “Platforms”) and the contract entered into between you and us for the purchase of products on such Platforms (hereinafter the “Conditions”).
You should carefully read these Conditions, our Cookies Policy and our Privacy Policy (hereinafter jointly, the “Data Protection Policies”) before using these Platforms. By using these Platforms or placing an order through them, you agree to abide by these Conditions and our Data Protection Policies. If you do not agree with the Conditions and with the Data Protection Policies, you should not use the Platforms and place any orders on them These Conditions may be modified at any time; you should read them before placing an order. The Conditions applicable at the time of your visit to the Platforms or at the time of entering into the Contract (as defined below) will automatically apply.
If you have any query regarding the Conditions or the Data Protection Policies you may contact us via any of the contact methods available on the Platforms.
The Contract (as defined below) may be executed in any of the languages in which the Conditions are available on the Platforms.
2. Contact details
The Platforms are operated by HOME STUDYO BV, which will carry out the sale of goods sold through them, a company incorporated under Belgian law, with VAT n°BE 1001249935, whose registered office is located in Belgium at 9000 Gent, Kasteellaan 349A HOME STUDYO will also be referred hereinafter as to “us”, “we”and “our”. You can contact us at: Email: info@homestudyo.be
3. Your details and platform visits
Any information or personal details supplied by you will be processed in accordance with the Data Protection Policies. By using the Platforms, you agree to the processing of such information and details and you declare that all information supplied by you is true and accurate.
4. Use of the Platform
By using our Platform and placing orders through it, you agree to:
- Use the Platform only for making legitimate enquiries or orders.
- Not place any speculative, false or fraudulent orders. If we have reason to believe that such an order has been placed, we reserve the right to cancel the order and notify the relevant authorities.
- Provide a correct, accurate email address, postal address and/or any other information that will allow us to contact you, in acknowledgement that we may use such details to contact you where deemed necessary (cf. our Privacy Policy).
- If you do not provide all the necessary information, we may be unable to process your order.
- By ordering through the Platform, you declare that you are at least 18 years old and legally capable of entering into a contract.
5. Service availability
The products being sold on the Platform are available for delivery worldwide.
Support services are available during weekdays from 9am until 5pm and not during Belgian national holidays.
6. Entering into the Contract
The information contained in these Conditions and the details stated on the Platforms constitute an invitation to make an offer and not an offer of sale. No contract in relation to the products will exist between you and us until we have accepted your order (irrespective of whether the order amount has been debited from your account or not). If your order is not accepted but the price has already been debited from your account, you will be fully reimbursed.
To place an order, you will be required to follow the online purchase process and click "Order and Pay" to submit the order. We will send you an email confirming receipt of your order ("Order Confirmation").
Please note that this does not mean your order has been accepted. Your order constitutes an offer on your part to buy one or more products from us. All orders are subject to our acceptance and we will confirm such acceptance by sending you an email confirming that the product has been dispatched ("Shipment Confirmation"). The contract for the purchase of a product will be entered into by you and us (“Contract”) only upon the sending of the Shipment Confirmation. Only the products whose dispatch we have confirmed in the Shipment Confirmation will be covered by the Contract. We will not be obliged to supply you with any other ordered products where such products have not been confirmed in a separate Shipment Confirmation.
7. Product availability
All product orders are subject to the availability of the products. Accordingly, in the event of delivery problems or if the products are no longer in stock, we reserve the right to offer you, by means of prior notice, replacements of an equal or greater quality and value, which you may subsequently order. If you do not wish to order such replacement products, we will refund you the monies already paid.
8. Refusal of Orders
We reserve the right to remove, at any time, any product from the Platform, and/or replace or modify any content or information appearing on them. Although we will make every effort to respond to submitted orders, there may be exceptional circumstances that require us to refuse to process or accept an order after its receipt and after having sent you an Order Confirmation and we reserve at all times this right of refusal, which is at our sole discretion.
Neither you nor any third party shall hold us liable for our decision to remove a product from our Platform, replace or modify any document or content appearing on them or our refusal to proceed or accept an order after its receipt or having sent you an Order Confirmation.
9. Delivery
Subject to availability (see clause 7 above), we will endeavour to fulfil your order in relation to the products mentioned in the Shipment Confirmation prior to the delivery date stated on the Shipment Confirmation or, where no date is stipulated, within 30 days of the date of the Order Confirmation.
Nevertheless, delays may arise due to the customisation of products, unforeseen circumstances or the area of delivery.
If we are unable to meet the delivery date for whatsoever reason, we will notify you and propose either the option to continue with the purchase with a new delivery date, or to cancel your order with full reimbursement of the amount paid.
You should bear in mind that no home delivery is carried out on Saturdays and Sundays or bank holidays except in the case of a virtual gift card, which will be delivered on the date you stipulate when placing the order.
For the purposes of these Conditions, "delivery" will be deemed performed, or the order will be deemed "delivered", at the time you or a third party designated by you, takes material possession of the products, which will occur upon the signing of the order's acknowledgement of receipt at the agreed delivery address.
10. Inability to deliver
If we are unable to deliver, we will endeavor to find a safe, secure location to leave your package. If we do not find a safe, secure location, your products will be returned to our warehouse. We will inform you in writing as to where you can locate your package and the options available for a new delivery. If you will not be present at the place of delivery at the arranged time, you should contact us to arrange a new, mutually convenient date of delivery.
Where your order is not delivered within the 10 days from the availability of your order at the place of delivery through no fault of our own, we will consider that you intend to cancel the Contract and it will be considered as such.
Following the termination of the Contract, we will fully reimburse the price paid for the products, including delivery costs (except for any additional costs in relation to the delivery method other than the least expensive standard delivery offered that you have chosen), as soon as possible, and, in any event, no later than 14 days from the date on which we consider the Contract terminated.
11. Transmission of risk and of the ownership of the Products
You shall bear all risks relating to the Products upon delivery.
Ownership of the products will be transferred to you only when we have received full payment of the amount owed for the product, including delivery costs, i.e. upon delivery (as stated in clause 9) if the products have been paid for or on the date of payment if this occurs after delivery.
12. Price and payment
The price of any product will be the price stated on our Platforms at any given moment, except in the case of obvious errors. Although we make every effort to ensure the prices on the Platform are accurate, errors may occur. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and give you the option of either reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be deemed as cancelled and we will provide a full refund if you have already paid for the product.
We are not under any obligation to deliver products at an incorrect (lower) price (even after sending the Shipment Confirmation) if the error in price is obvious, unmistakable and could have been reasonably identified as such by you.
The prices mentioned on our Platform include VAT; however, delivery costs are not included and will be added to the total due.
Prices may change at any time, but changes will not affect those orders for which we have already sent a Shipment Confirmation, subject to the provisions stating otherwise above.
Upon selection of all items you wish to purchase, they will be added to your basket. The next step involves processing your order and making the payment. To this end, you must follow the different steps in the purchase process by indicating or confirming the information required in each step. During the purchase process, you will still have the option of changing the details of your order before paying.
You can pay by means of Visa, MasterCard, American Express, Maestro, Union Pay, Bancontact, Shop Pay, Apple Pay, Google Pay, PayPal.
The details of your card will be encrypted to reduce the risk of unauthorized usage. Once your order has been placed, we will make a preauthorization request on your card in order to ensure that you have sufficient funds to complete the transaction. The total will be debited to your card the moment the ordered products leave our warehouse.
If you pay via PayPal, Google Pay or Apple Pay you will be debited the moment the Order Confirmation is issued.
Credit cards are subject to validation checks and authorization from the card issuer. If we do not receive the necessary payment authorization, we will not be held accountable for any delay or failure in the delivery of the products.
13. Value added tax
Pursuant to the applicable rules and regulations in force, all purchases made through the Platform are subject to VAT, except for deliveries outside of Europe, the place of delivery is deemed to be within the Member State at the address where the items are to be delivered and the VAT applicable will be at the prevailing rate in the Member State where the items are to be delivered according to the purchase orders. Pursuant to the rules and regulations applicable in each country, the rule stipulated in Article 194 of Directive 2006/112/EC may apply to goods supplied in certain Member States of the European Union if the customer is or should be a taxable person for VAT purposes. If such is the case, we will not bill for VAT, subject to confirmation by the recipient of the delivery that the VAT on the delivered items will be paid by the customer according to the procedure mentioned in aforementioned Article 194. In relation to orders to be supplied in the Canary Islands, Ceuta and Melilla, such orders will be exempt from VAT pursuant to Article 146 of the aforementioned Directive and subject to the taxes and custom duties under the applicable rules and regulations.
14. Return policy
14.1 Statutory right of withdrawal
As a consumer, you have the right to withdraw from the Contract within 14 days without having to provide a reason. The cancellation period expires after 14 days from the date on which you receive, or a third party designated by you (other than the carrier) receives, the items or, in the case of several items forming part of the same order but delivered separately, after 14 days from the date on which you receive, or a third party designated by you (other than the carrier) receives, the last delivered item. To exercise your right of withdrawal, you should notify HOME STUDYO of your decision by means of an unequivocal declaration sent at the following address: Kasteellaan 349A, 9000 Gent, Belgium or through any of the communication methods available on the Platform. You may also use the attached cancellation form, although this is not compulsory. To meet the cancellation deadline, it is sufficient that you inform us of your decision to exercise your right to withdraw form the Contract before said period expires. Effects of withdrawal If you withdraw from the Contract, we will refund all payments made, including delivery costs to the original delivery place (except for any additional costs in relation to the chosen delivery method other than the least expensive standard delivery offered but after deduction of the costs of returning the products to us via the drop off method, as the case may be (please see below, (iii)), as soon as possible, which, in any case, will be within 14 days from the date we receive notification of your decision to withdraw from the Contract. We will refund the money via the same payment method that you used to pay the purchase. In any case, you will not incur any fees in relation to this refund. Notwithstanding the foregoing, we may defer the refund until we have received the returned items or proof of their return, whichever is the earliest. You may return the product in question to us:
(i) by sending them, at your own costs and risks, accompanied by a print-out of the E-ticket attached to the Shipment Confirmation to the following address:
HOME STUDYO
Kasteellaan 349A
9000 Gent Belgium
You must return the items as soon as possible, which should be, in any case, within 14 days from the date you notified us of your decision to cancel the Contract. This deadline will be deemed respected if you send us the items prior to the expiration of said 14-day period. The goods shall be returned or delivered to us in a reasonable way and in accordance with a standard of care.
Please remember that you are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
14.2 Contractual right of cancellation (right of commercial return)
In addition and without prejudice of the statutory right to withdrawal granted to consumers, as mentioned in clause 14.1 above, you may return any item to us (except those mentioned in clause 14.3, which are excluded from such right) within 30 days of the date of Shipment Confirmation.
If you return products as part of your contractual right to cancel but once the statutory cancellation period has expired, you will only be reimbursed for the amount paid for the items and not for the delivery costs. Where you notify us of your decision to exercise the right to cancel, by virtue of the provisions of clause 14.1 above, but after the expiration of your statutory right you must, in any case, return the items to us within 30 days of the date of Shipment Confirmation. While exercising the contractual right of cancellation, products must mandatorily be returned in the same conditions in which you received them, with their original labels, packaging, instructions, and other documents, if any, accompanying them. Failing this, we reserve the right not to reimburse you
14.3 General provisions
You do not have the right to cancel the Contract where any of the following items were delivered:
1. Personalised items;
2. Goods that you unsealed after delivery and which cannot be returned for
hygiene or health safety reasons.
Your statutory right to cancel the Contract shall apply exclusively to the products that are returned in a reasonable way and in accordance to the standards of care. Please remember that you are liable for the diminished value of the products resulting from the handling other than what is necessary to establish their nature, characteristics and functioning, so take care of the products while in your possession. While exercising the contractual right of cancellation, products must mandatorily be returned in the same conditions in which you received them, with their original labels, packaging, instructions, and other documents, if any, accompanying them. Failing this, we reserve the right not to reimburse you.
Upon cancellation, the products must be returned as follows:
Return the products as soon as possible, at your own costs and risk by sending them directly to us to the following address: HOME STUDYO, Kasteellaan 349A please remember to attach a print- out of the E-ticket attached to the Shipment Confirmation, together with the returned goods.
After examination of the returned item, we will inform you whether or not you are entitled to a refund for the amount paid. Delivery costs will be reimbursed if the right to cancel was exercised during the statutory period and if all items in question have been returned. You will be reimbursed as soon as possible which should be, in any case, within 14 days from your notification that you are exercising your right to cancel the Contract. Notwithstanding the foregoing, we may defer the refund until we have received the returned items or proof of their return, whichever is the earliest. The refund - less the fixed cost for drop off returns, as the case may be - will always be made via the same payment method that you used to pay for your purchases. If you have any queries, you may also contact us through info@homestudyo.be
14.4 Returns of defective items
In circumstances where, upon delivery, you consider that the item does not conform to the Contract, you must immediately contact us through info@homestudyo.be and provide us with the products detail and the nature of the defect and we will inform you of the steps to follow. You must hand the defective product as stated in clause 14.1. and 14.3. We will closely examine the returned item and inform you of your entitlement to a replacement or refund (as appropriate) via email, within a reasonable period of time. We will refund or exchange the item as soon as possible, which should be, in any case, within 14 days from the date of our email confirmation that you are entitled to a replacement or refund for the item in question. Where the defect or damage is proven, the price of the items concerned, including delivery costs and expenses incurred in returning the items, will be fully refunded. The refund will always be made via the same payment method that you used to pay for your purchases.
This clause does not affect your statutory rights.
14.5 Right of withdrawal and return for orders from abroad
If you have ordered products from outside Belgium from another EU member state via the Platform the above clauses 14.1, 14.2, 14.3 shall apply. At the same time, we would like to inform you that we are under no circumstances (with exception of clause 17.4 to which this clause 14.5 does not apply) obliged to pay shipping costs to destinations other than the original delivery address.
15. Your guarantees and our liability
All documents, descriptions and information relating to the products appearing on the Platforms are provided "as is", and not with any explicit or implicit warranty, unless so warranted under law. In this regard, where you are contracting as a consumer, we will deliver the products in accordance with the contractual provisions and will be liable to you in the event of any lack of conformity noted upon the delivery. Products will be considered as compliant with the contractual provisions if the following conditions are fulfilled:
(1) they comply with the description provided by us and possess the features stated on the Platforms;
(2) they are suitable for the purposes for which products of their type are generally designed;
(3) they meet the quality and performance criteria which are normal for products of the same type and which can be reasonably expected.
Although we exclude all warranties to the extent permitted by law, please keep in mind that, as a consumer, you benefit from all the statutory guaranteed in your favor (in particular, the legal warranty of conformity provided in Articles 1649bis to 1649octies of the Belgian Civil Code). The products that we sell, in particular hand-crafted products, often have characteristics of the natural materials that are used in their manufacture. Such characteristics may contain variations in their grain, textures, knots or color; which cannot under any circumstances be considered defects or faults. On the contrary, you should expect and appreciate such inconsistencies. We only choose the highest quality products, but natural characteristics are inevitable and should be accepted as forming an intrinsic part thereof. Unless expressly stated otherwise elsewhere in these Conditions, our liability for any product purchased through our Platforms is strictly limited to the purchase price of said product.
Notwithstanding the foregoing, nothing in these Conditions may exclude or limit our liability for:
1. death or personal injury caused by our negligence;
2. fraud or wilful misrepresentation; or
3. any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
Notwithstanding the above paragraph, we will not be liable, insofar as provided under law and there being no provision to the contrary in these Conditions, for the following losses, regardless of their origin:
1. loss of revenue or sales;
2. operating losses;
3. loss of profits or contracts;
4. loss of anticipated savings;
5. loss of data; and
6. loss of working or management time.
Due to the open nature of the Platform and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Platforms unless expressly stated otherwise. Nothing in this clause will affect your statutory rights as a consumer or your right to cancel the Contract.
16. Intellectual property
You acknowledge and accept that all copyrights, trademarks and other intellectual property rights over the information or content appearing on the Platforms shall, at all times, remain vested in us or our licensors. You are permitted to use such information within the limits expressly authorized by us or our licensors. This clause does not prevent you from using the Platform to the extent necessary for copying orders or contact details.
17. Viruses, piracy and other computer security attacks
You must not make illegal use of the Platforms by intentionally introducing any virus, Trojan horse, worm, logic bomb or any other type of software or material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Platforms, the server on which they are hosted, or any server, computer or database connected to the Platforms. You agree not to attack the Platforms through a denial of service attack or a distributed denial of service attack. Any breach of this clause could be considered a criminal offence as defined by the legislation in force. We will report any such breach to the relevant authorities and assist them in identifying the perpetrator. Likewise, if you breach this clause, your right to use the Platforms will immediately cease. We will not be held responsible for any loss or damage resulting from a denial of service attack, virus or any other technologically harmful software or material which could affect your computer, IT equipment, data or material as a consequence of using the Platforms, downloading its content or accessing any other website to which you may be redirected.
18. Written communication
The applicable laws require that we send you particular information or communications in writing. When using the Platform, you agree that communication with us will be principally in electronic form. We will contact you via email. For contractual reasons, you agree to these electronic communication methods and acknowledge that all contracts, instructions, information and other communications that we send to you by electronic means comply with any legal requirement that such communications be made in writing. We consequently cannot be held liable for any loss or damage resulting from their use.
This clause does not affect your statutory rights.
19. Notices
All notices that you send to us must be any of the communication methods available on the Platform. Subject to and unless otherwise specified in clause 22, we may send notices to you at the email or postal address which you supplied when placing your order. Notices will be deemed received and properly served once posted on our Platforms, 24 hours after the dispatch of an email is sent without error message or three days after the date of posting of a letter. As evidence of the serving of a notice, it will be sufficient to prove, in the case of a letter, that such a letter was properly addressed, stamped and placed in the post; and in the case of an email, that it was sent to the email address supplied by the recipient.
20. Transfer of rights and obligations
The Contract between you and us is binding on both parties as well as our respective successors and assignees. You may not transfer, assign, charge or dispose, in any way, a Contract, or any of your rights or obligations arising under it, without our prior written consent. For the avoidance of doubt, no transfer, assignation, charge or disposal as referred to above will affect your statutory rights as a customer, nor will it revoke, reduce or limit, in any way, any implicit or express warranty provided to you by us. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the performance of the Contract.
21. Force majeure
We will not be held liable for any non-performance or delay in the fulfilment of our
contractual obligations, which is caused by events outside our reasonable control ("Force Majeure"). A case of Force Majeure includes any act, event, non-performance, omission or accident beyond our reasonable control and, in particular, includes but is not limited to:
1. Strikes, lockouts or other industrial actions, which have not been announced in advance.
2. Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or otherwise) or threat of or preparation for war.
3. Fire, explosion, storm, flooding, earthquake, landslide, epidemic or other natural disasters.
4. Impossibility of using transportation via railway, sea, air, road or other means of public or private transport.
5. Impossibility of using public and private telecommunication networks.
6. Acts, decrees, legislation, regulation or restriction of any government.
7. Strike, breakdown or accidents in maritime, postal or other transport.
Our performance of the Contract will be suspended while the Force Majeure lasts and our deadlines for performance will be extended accordingly. We will endeavor, insofar as possible, to bring the Force Majeure to an end or find a solution that would allow us to fulfill our contractual obligations despite the Force Majeure.
22. Waiver
If, at any time during the performance of the Contract, we fail to insist on the strict observance of any of your contractual obligations or those under these Conditions, or fail to exercise one of our rights or remedies available to us by virtue of the Contract or these Conditions, such failure will not constitute a waiver of the corresponding rights or remedies nor will it exempt you from complying with such obligations. Our waiver in relation to any breach does not constitute a waiver for any subsequent breach. A waiver by us in relation to any of your obligations arising under the Contract or these Conditions will not be effective unless we expressly acknowledge it as such and have notified you in writing in accordance with the clause on "Notices" above.
23. Severability
If any provision of these Conditions or of a Contract is deemed to be invalid, illegal or unenforceable by a competent authority, said provision will be severed from the remaining provisions which will remain valid to the fullest extent permitted by law.
24. Entire agreement
These Conditions and any document referring thereto form the entire agreement entered into by you and us in relation to the Contract and they take precedence over any previous agreement, understanding or arrangement, whether written or oral, between you and us. We each acknowledge that by entering into the Contract, neither Party is relying on a declaration, undertaking or promise given by the other Party or implicitly pertaining to any oral or written declaration made during earlier negotiations to this Contract in which we had participated beforehand, unless it is expressly stated in these Conditions. Each Party waives any remedy against false statements, whether oral or written, made by the other prior to the date of the Contract (unless such false statements were fraudulently made); the only remedy available should be the termination of the Contract as provided for in these Conditions.
25. Our right to amend these conditions
We are entitled to revise and amend these Conditions from time to time. You will be subject to the Conditions and policies in force at the time that you use these Platforms and/or order products from us via them, unless any change to those policies, Conditions or Data Protection Policies is required under law or by a governmental authority, in which case, any potential changes will also apply to orders previously placed by you.
26. Applicable law and jurisdiction
The use of our Platform and the Contract for the purchase of product entered into through our Platforms shall be governed by Belgian law. Any dispute resulting from or related to the use of the Platforms or such Contracts will be submitted to the Belgian courts.
27. Comments and feedback
We welcome your comments and feedback. Please send all comments and feedback any of the communication methods available on the Platforms. If you believe that your rights, as a consumer, have been breached, you can send us your complaint to the email address info@homestudyo.be in order to seek an amicable settlement to the dispute. In this regard, if the purchase was concluded online through our Platform, we, in line with EU Regulation No. 524/2013, hereby inform you that you are entitled to seek an out-of-court settlement of the consumer dispute with us, through the European Union platform for online dispute resolution accessible through the Internet address
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=NL
