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terms and conditions

Studio Kids Design is a subsidiary of KijkMijne (Chamber of Commerce 54.11.69.88 registered in the Netherlands). Studio Kids Design offers the possibility of creating online personalised products with a name, design, picture or any other upload and to have these delivered to the recipient.

Use of the Website implies full acceptance of these Terms and Conditions of Use and Delivery. We reject the applicability of all other general terms and conditions. The general terms and conditions will be provided free of charge upon request. Please read these terms of use carefully before you start to use the website. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

The following definitions are used in these terms and conditions:

"Service": The entirety of information and product(s), the process of creation, payment and dispatch of one or more Studio Kids Design products.

"Website": The Studio Kids Design internet location whether made available through KijkMijne.nl or through third party websites.

"Product": Products created by the user using the Service, including but not restricted to melamine plates.

"User": The natural or legal person who visits and uses the Studio Kids Design website either or not resulting in a transaction.

"Recipient": The ultimate recipient of a Studio Kids Design product.

"User Content": All text, material, images, and pictures that the Use has submitted to the website for whatever purpose.

"Agreement": The agreement through which User purchases.

 

General

These terms and conditions apply to any offer, purchase and agreement by a User of Studio Kids Design as well as other legal relationships between us and User relating to the Service or other legal relationship.

 

The Service

User may not use the Service in violation of the law, the Agreement, these terms and conditions or act wrongfully towards us in any other way. Any use of the Website that may obstruct the operation of the Website and/or its use by others and/or affect information offered on this Website or the underlying software is prohibited.

 

Liability

We guarantee that the Products comply with the specifications stated in the offer as well as reasonable reliability and/or usability requirements and do not violate statutory provisions and/or government regulations applicable on the date the agreement is entered into.

We will exercise the utmost care when receiving and executing Products orders.

While the contents of the Website have been prepared with the utmost care, some information may nevertheless be incomplete, incorrect or may become outdated in time. All illustrations, measurements, forms, colours, lay-out, contrasts, etc. depicted on the Website are not full size and may deviate from the services and/or Products ordered and delivered through the Website. All information, products and Services are offered without any guarantees as to their reliability, suitability for a particular purpose or otherwise. We are therefore not liable for any losses resulting from the use of information or products or Services obtained through the Website.

We and/or our subcontractors do not accept any liability for any losses whatsoever except in the event of actions verging on gross intent or intentional recklessness, irrespective of whether we pointed out the possibility of such (possible) losses to User, arising in any way whatsoever but not restricted to viruses or defects in equipment and other software in connection with access to or use of the Website, the information and/or data offered on the Website, the interception, change or improper use of information sent to User and/or us, the availability and/or operation of the Website, abuse or wrong or improper use of the Website, data loss or corruption, downloading or use of e.g. images, information and/or data of the Website and/or third-party claims in connection with access or use of the Website.

We will not be liable for any loss, damage, expense, costs delay or other liability to the extent that it is or can be characterised as a claim for (or arising from) loss of revenue or profits, loss of anticipated savings, loss of goodwill or injury to reputation, loss of business opportunity, indirect, consequential or special loss or damage. Nothing within these terms and conditions operates so as to exclude, limit or restrict our liability for death or personal injury. Where you deal as a consumer, nothing in the above exclusions affects your statutory rights.

 

Intellectual property rights

All intellectual property rights including but not restricted to trademarks, trade names, copyrights relating to Studio Kids Design are vested in us and/or our licensors and may not, without our and/or our licensors’ prior explicit permission in writing be used in any way for any purpose other than creating a Product. We and/or our licensors explicitly reserve all rights.

Any material User upload to our site will be considered non-confidential and non-proprietary, and Studio Kids Design has the right to use, copy, distribute and disclose to third parties any such material for any purpose. Studio Kids Design also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by User to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

In particular, User must obtain the prior consent of the copyright owner before User upload any material to the Website which is owned by a third party (whether you are uploading that material for incorporation into our products or otherwise). User must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Studio Kids Design reserves the right to edit or remove any material submitted to the website, or stored on the servers, or hosted or published upon the website.

User grant Studio Kids Design a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute User content in any existing or future media. User also grant Studio Kids Design the right to sub-license these rights, and the right to bring an action for infringement of these rights (including portrait rights)

User content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against User or Studio Kids Design or a third party (in each case under any applicable law).

 

Links to and from other websites

Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:

* you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

* you do not misrepresent your relationship with us or present any false information about us;

* you do not link from a website that is not owned by you; and

* your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the Dutch Law,

If you choose to link to our website you shall fully indemnify us for any loss or damage suffered as a result of your actions.

 

Delivery

We do our utmost to deliver postal items on the correct date and at the correct address. Studio Kids Design uses the delivery service of PostNL/TNT to deliver the ordered items to the correct destination within the desired timeframe. However, we are not responsible, nor liable for the untimely arrival of a postal item or the arrival at a wrong address. User may send all products we offer to an address abroad. Additional costs will be charged.

 

Prices and payment

The User who purchases a Product through a Service owes payment stated on the Website to us. This payment consists of payment for using the Service, costs owed for electronic approval of the order and postal charges. The payment stated on the Website is inclusive of Dutch VAT. Users bear the costs of transmission and internet access themselves. We refer to the page ‘Prices and Payment’ on the Website for the current prices. Studio Kids Design reserves the right to change prices without notice.

All payment orders are effected through a Payment Service Provider (PSP) and the general terms and conditions of the PSP concerned are therefore applicable to the payment orders. These are available at www.cardgate.com. At User’s request the general terms and conditions of the PSP concerned will be made available free of charge.

We are entitled to refuse specific orders in the event payment having been properly completed and/or other irregularities have been found. We furthermore reserve the right to block Products with offensive images, insulting or racist texts and/or which otherwise violate the law, public order and/or morality, at our and/or our licensors’ discretion.

Studio Kids Design cannot be held responsible for errors, other than on the grounds of undue payment or unjust enrichment, in the execution of the order.

 

Returns/exchanges 

Studio Kids Design does everything in its power to deliver a perfect product. However, in case you are not satisfied with all or any part of your order, you can return the item free of charge within 14 days from the date of delivery. 

When returning an item, you must enclose a copy of the invoice or the order number. 
Upon receipt of the returned item(s), Studio Kids Design will credit the amount (including the initial shipping charges) to the credit card used for the initial purchase, within 14 business days. 
 
Studio Kids Design only offers a refund/exchange of items upon receipt of the original items, and provided that the following conditions have been met:

  • the item(s) are not personalised
  • the item(s) has not been worn or washed
  • no attempt has been made by yourself to repair any defect of the item
  • instructions on the care label have been properly followed
  • in the case of more tha one item in an order, the items must be sent back to Studio Kids Design s in one single delivery. Studio Kids Design reserves the right not to accept items belonging to a single order being returned and delivered at different times.

Studio Kids Design makes no representations or warranties of any kind, express or implied, as to the products included in the website nor as to the products being sold to you. To the fullest extent permissible by applicable law, Studio Kids Design disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement of any third party's rights of any kind. This warranty gives you specific legal rights. 
Studio Kids Design shall not issue a refund nor accept exchanges for any returns/accept exchanges that do not satisfy all of the conditions above. In case you are notified that you are not entitled to a refund/exchange due to not all conditions being met, you will have the option to request, within 14 days, that the item(s) be shipped back to you, at your own cost, in the condition it was received by Studio Kids Design. If you do not request the return of your item within said 14 day period, Studio Kids Design will be entitled to dispose of such item at its sole discretion. 
In case the customer has received a (partially) wrong order, then Studio Kids Design will make sure that the proper items will be sent as soon as possible. 
Studio Kids Design is not responsible for returns and/or exchanges that get lost in the mail. 
Studio Kids Design will not accept freight collect returns. 

Information

Any questions and complaints with respect to the Product and/or the Service can be addressed to our customer service. The customer service can be reached through the ‘Customer Service’ link on the www.studiokidsdesign.co.uk website or at the below postal address.

Written queries can be addressed to:

Studio Kids Design Customer Service

P.O. Box 5005

5201 GA ‘s-Hertogenbosch

The Netherlands

 

Your rights of cancellation

You agree to the Services commencing immediately upon issue of an order, prior to the end of any statutory cancellation period, and you acknowledge and agree that thereafter you will not have the right to cancel any services under the Consumer Protection (Distance Selling) Regulations 2000 or otherwise.

 

Acts of God

Without diminishing its other due rights, in case of an Act of God, Studio Kids Design has the right, by its own choice, to postpone the delivery of an order or to terminate the agreement without judicial involvement, announcing this in writing or via email and without Studio Kids Design being liable to pay any compensation, unless in the circumstances this would be unacceptable by standards of reasonableness and fairness.

The term Act of God means any shortcoming which is not attributable to Studio Kids Design, as it cannot be blamed and is not accountable pursuant to law nor legal act nor common opinion.

 

Amendment of these terms and conditions

We may unilaterally amend these terms and conditions. If we do so, the updated version will be effective as soon as it is uploaded on to this Website and your continued use of the Website will constitute your acceptance of such updated terms and conditions. Users should check the terms and conditions periodically to ensure that you are aware of and complying with the current version.

 

Applicable law

The Dutch law applies to these terms and conditions, agreements and other legal relationships between the User and us.

All disputes between the User and us will only be submitted to the district court in ‘s-Hertogenbosch (The Netherlands), unless we as plaintiff decide to bring an action before the court having jurisdiction in the User’s residence.

‘s-Hertogenbosch, 1st May 2016

Studio Kids Design

P.O. Box 5005

5201 GA ‘s-Hertogenbosch

The Netherlands

T +31 73 8200296

Dutch Chamber of Commerce 54.11.69.88

E info@studiokidsdesign.co.uk

VAT NL8511.71.291.B01