Terms and Conditions

Version march 2024

General Terms and Conditions of Studio Bertha/Klaus Loosveld

The website www.studiobertha.be is owned by Studio Bertha/Julia and de Leeuw VOF.

Registered office and collection point
Julia en de Leeuw VOF
312 Zonnebeekseweg
8900 Ypres
BE 0800 333 043

Contacts :
Klaus Loosveld & Lisa Cailliau
studiobertha@gmail.com
tel. +32 (0)486 831 861

Bank :
IBAN BE56 7330 7031 1488
BIC/SWIFT: KREDBEBB

Accessibility :
From Monday to Friday from 9:00 am to 5:00 pm. Studio Bertha is not a physical store with fixed opening hours.

The General Terms and Conditions as described here apply to every product offered on the Studio Bertha webshop and all deliveries. And this for both private and wholesale orders. Any order implies acceptance of the terms and conditions of sale.

The General Terms and Conditions of Studio Bertha are exclusively governed by Belgian law.

Purchase and Payment

  • The agreement between Studio Bertha and you as a buyer is concluded at the moment that you have accepted the conditions set by Studio Bertha and have complied with them. The absence of an ordinary signature does not affect the binding force of the offer and its acceptance.
  • Studio Bertha reserves the right to refuse an order or to subject it to additional conditions such as large orders, orders by minors, incomplete order procedures or problems with previous orders.
  • Studio Bertha always confirms the purchase by email. If no confirmation email has been sent yet, the agreement is not yet effective. The confirmation will be sent to the email specified by the buyer. It is the buyer’s responsibility to ensure that messages do not end up in the spam folder.
  • Payment for products purchased from Studio Bertha is only made in advance via the proposed payment methods.
  • Studio Bertha is the owner of all goods until full payment has been made.
  • In order to guarantee a safe online payment and the security of your personal data, the transaction data is sent encrypted with SSL technology over the internet. You do not need any special software to pay with SSL.
  • In the event of late payment, Studio Bertha is authorized to dissolve the agreement with immediate effect or to suspend (further) delivery until you have fully complied with the payment obligations.

Delivery and Delivery times

  • The delivery times specified by Studio Bertha are approximate and are not definitive terms. The latest delivery period is 30 days after receipt of the order, with the exception of payment by bank transfer, where the latest delivery period is 30 days after receipt of payment.
  • As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the buyer.
  • Different conditions may apply for deliveries abroad.
  • Studio Bertha delivers to the following countries: Europe.
  • Deliveries in Belgium are carried out via BPost, PostNL, or another partner. Studio Bertha can decide to deviate from this without informing the customer or having to account for this to anyone.
  • The delivery or shipping costs will be communicated to you before confirming your purchase. If the shipping costs cannot be calculated automatically, this will be stated and/or an indication of the shipping costs will be provided.

Wholesale

  • A fixed minimum price applies to the sale of our products. These minimum prices can be requested from Studio Bertha via studiobertha@gmail.com . This cannot be deviated from under any circumstances.
  • Free shipping from an order value of €100 excl. VAT within Belgium, the Netherlands, and Germany for a first order. Thereafter, it is €150 excl. VAT for Belgium, the Netherlands, and Germany. Shipping costs to another country in Europe are calculated on a custom basis. Contact Studio Bertha at studiobertha@gmail.com for more information.
  • Placed orders must be paid within 30 days of the invoice date for companies within Belgium, the Netherlands, and Germany. For other countries within Europe, a prepayment applies before the goods are shipped.

Card rack for wholesale purposes.

  • Regular replenishment required: If you have received a card rack from us, we expect it to be regularly replenished with Studio Bertha cards. The minimum order value for you is reduced to €100 excl. VAT.
  • Custom service: If replenishing the rack is challenging, we are happy to offer a custom service for regular replenishment. Ask us about the possibilities.
  • Exclusive for Studio Bertha cards: Our golden card rack is specially designed for displaying our cards, including envelopes. We request that it be used exclusively for Studio Bertha cards.
  • Return if no longer needed: If the card rack is no longer needed, please contact us to arrange its return. If possible, please keep the original packaging for returns.
  • Free use, exclusively for Studio Bertha items: The rack is provided free of charge and may only be used for Studio Bertha items.
  • Return at the end of the partnership or after a period of one year of inactivity (no orders): At the end of the partnership or after a year of inactivity, the right to use the rack expires. The rack must then be returned at the expense of the borrower.
  • Costs for non-return: If the rack is not returned, a fee of €220 excl. VAT will be charged for the rack.
  • Purchase option available: In addition to using the rack on a loan basis, we also offer the option to purchase the rack for €220 excl. VAT. VAT. This gives you the freedom to permanently include the rack in your assortment.

POS material for wholesale purposes

  • Free use: The POS material is provided free of charge to our partners and is intended to increase the visibility and sales of Studio Bertha products.
  • Exclusive for Studio Bertha products: The provided POS material may only be used for promoting and displaying Studio Bertha products. It is not permitted to use the material for promoting or displaying products from other brands.
  • Care and maintenance: We expect our partners to handle the POS material with care. In case of damage or wear resulting from negligence, a fee may be charged for replacement or repair.
  • Return policy: At the end of the partnership or when the POS material is no longer needed, it should be returned to Studio Bertha in good condition. If possible, we ask to keep the original packaging for safe return shipping.
  • Adjustments and modifications: Any adjustments or modifications to the POS material are only allowed with prior written permission from Studio Bertha.
  • Duration of the agreement: The use of the POS material is temporary and tied to the duration of the agreement between the partner and Studio Bertha. Studio Bertha reserves the right to review or withdraw the use of the POS material at any time, depending on performance or changing marketing strategies.

Product information

  • Information, images, verbal announcements, statements, etc. with regard to all offers and the most important characteristics of the products that are provided by telephone or e-mail are (re)displayed or done as accurately as possible. Studio Bertha is not liable for advice it provides, printing and typing errors on the website or technical data provided by suppliers or producers.
  • Availability is indicated for each product. Products that are not in stock or (temporarily) cannot be delivered, cannot be purchased either. Studio Bertha does everything it can to communicate this information correctly, but it can still happen that it is impossible to deliver the goods. This can occur due to unintentional incorrect stock data or products that are no longer available by the suppliers. In these cases Studio Bertha will notify you as soon as possible and propose a solution.
  • The products offered by Studio Bertha meet the legal standards and may be sold online.
  • It is possible that Studio Bertha includes links on its website to other websites that may be interesting or informative for the visitor. Such links are for informational purposes only. Studio Bertha is not responsible for the content of the website referred to or the use thereof.

Cooling-off period and returns

  • You have a cooling-off period of 14 calendar days for all products purchased at Studio Bertha. This period starts at the time of receipt by you or on your behalf. During the cooling-off period, we expect you to handle the goods and packaging with care.
  • If you wish to make use of the right of renunciation, you must follow the procedure described on this page: cancel, return and exchange
  • You must return the goods undamaged, unused and unopened (in original condition and packaging) at the latest within 14 calendar days of receipt. The shipping date serves as a check. All accompanying documentation, warranty certificates and packaging materials must be included with the return shipment, as well as your bank account number. The direct costs for returns are borne by the buyer. Unstamped or insufficiently stamped shipments are always refused and returned to sender.
  • Studio Bertha will refund you the complete purchase price, including shipping costs, within 30 days of receipt of the goods. If it appears that the goods have not been received in accordance with the conditions of the right of withdrawal, the purchase price including shipping costs will not be refunded, or not fully refunded. In that case, the product remains your property. At your request, the product can also be sent to you again, subject to payment of the corresponding shipping costs.
  • Exceptions to the stated provisions are the following:
    • The right of withdrawal does not apply to products that have been specially made or changed for you. This applies, among other things, to custom illustrations that are made or personalized after consultation.
    • When a product is visibly used or damaged in any other way, your right to a refund of your payment will expire.
    • Goods must be returned to the following address:
      Studio Bertha– Attn Klaus Loosveld, Zonnebeekseweg 312 – 8900 Ypres – Belgium

Warranty conditions

  • Handling the warranty will be borne by Studio Bertha, except for the shipping costs incurred by the consumer to return the product to us.

Defects

  • You are obliged to inspect or have inspected the goods immediately upon receipt. You must check whether the delivered goods comply with the agreement:
    • Were the right goods delivered?
    • Do the delivered goods meet the agreed quality requirements or – if these are missing – the requirements that may be set for normal use?
  • If a visible defect or shortcoming is found, you must report this to Studio Bertha within 7 working days after delivery.
  • The consumer must report an invisible defect in writing by e-mail to studiobertha@gmail.com within 2 working days after discovery, but at the latest within 2 months after delivery.
  • The costs for returning goods that do not comply with the description of the offer are at the expense of Studio Bertha. If you return the goods to us for that reason without prior notification and the goods appear to have been delivered correctly, then the costs incurred cannot be recovered from Studio Bertha. The goods remain your property. Sending it back to you will be at your expense.

Force majeur

  • Force majeure includes all external causes, foreseen or unforeseen, over which Studio Bertha cannot exercise any influence, but as a result of which Studio Bertha is unable to fulfill its obligations.
  • Studio Bertha also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Studio Bertha should have fulfilled its obligation.
  • During force majeure, Studio Bertha’s delivery and other obligations are suspended. If the period in which fulfillment of the obligations by Studio Bertha is not possible due to force majeure lasts longer than 8 weeks, both parties are entitled to dissolve the agreement, without there being any obligation to pay compensation in that case.

Prices

  • The prices of the goods will be communicated to you before the checkout. All prices are expressed in Euros and include VAT for private customers and exclude VAT for wholesale orders, Recupel, BEBAT, and Reprobel. Shipping costs are listed separately.
  • If Studio Bertha agrees a certain price with you, Studio Bertha is nevertheless entitled to increase the price.
  • Offers are valid as long as stocks last and for the term specified, if applicable.
  • If a price increase takes place after the conclusion of the agreement, you can dissolve the agreement regardless of the percentage of the increase.
  • A personalized quote is valid for 2 weeks, unless a different term is stated in the quote.

Intellectual property rights

The content of this site, including brands, logos, drawings, data, product or company names, texts, images, etc. are protected by intellectual rights and belong to Studio Bertha or entitled third parties.

Questions and complaints

  • Complaints or disputes must be reported within 7 days of delivery. If the complaint is found to be justified, our liability is limited to the exchange of the goods. Any liability of the seller is limited to the amount actually paid for the order.
  • Studio Bertha always handles questions and complaints within a reasonable period of time.

Disputes

  • All offers and agreements are exclusively governed by Belgian law, excluding the principles of conflicts of law in space.
  • All disputes related to or arising from offers from Studio Bertha, or agreements concluded with it, will be submitted to the competent court in Ypres, unless a mandatory legal provision expressly designates another court as competent.

Limitation of Liability

Studio Bertha can under no circumstances be held liable to anyone, directly or indirectly, in a special or other way, for damage due to the use of the purchased goods. The buyer must sufficiently ascertain the safety or other regulations to be observed for the correct use of the goods.

The information on the website is of a general nature. The information is not adapted to personal or specific circumstances, and can therefore not be considered as personal, professional or legal advice to the user.

Studio Bertha makes great efforts to ensure that the information provided is complete, correct, accurate and up-to-date. Despite these efforts, inaccuracies may occur in the information made available. If the information provided contains inaccuracies or if certain information is unavailable on or via the site, Studio Bertha will make the greatest possible effort to rectify this as quickly as possible.

However, Studio Bertha cannot be held liable for direct or indirect damage resulting from the use of the information on this site.

If you should discover inaccuracies in the information made available via the site, you can contact the administrator of the site.

The content of the site (including links) may be modified, changed or supplemented at any time without notice or notice. Studio Bertha does not guarantee the proper functioning of the website and can in no way be held liable for a malfunction or temporary (un)availability of the website or for any form of damage, direct or indirect, which would result from the access or use the website.

Studio Bertha can under no circumstances be held liable to anyone, directly or indirectly, in a special or other way, for damage attributable to the use of this site or another site, in particular as a result of links or hyperlinks, including, without limitation of all losses, work interruptions, damage to programs or other data on the computer system, equipment, software or other of the user.

The website may contain hyperlinks to websites or pages of third parties, or refer to them indirectly. Placing links to these websites or pages in no way implies an implicit endorsement of their content.

Studio Bertha expressly declares that it has no control over the content or other features of these websites and can in no way be held liable for the content or features thereof or for any other form of damage resulting from its use.

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