1.1.The capitalised words are defined as follows in these general terms and conditions unless expressly indicated otherwise or determined otherwise by the context:
Company: The legal entity or the natural person which or who acts in the pursuit of its profession or company;
Consumer: The natural person not acting in the pursuit of his profession or a company;
Customer: The natural person or legal person who has entered into or wishes to enter into an Agreement with Samantha Thole;
Agreement: The agreement between the Customer and Samantha Thole;
Product: The product (to be) delivered by Samantha Thole in the context of the Agreement, such as a work of art of Samantha Thole or a product related to a work of art of Samantha Thole;
Samantha Thole: The user of these general terms and conditions: The sole proprietorship Samantha Thole, established at Koningsdam 1 in (3011 TN) Rotterdam, registered with the Chamber of Commerce with CoC number 57654964;
In Writing/Written: In writing or by email;
Website: The website https://samanthathole.com/.
1.2.Unless the context determines otherwise, the definitions set out above used in the singular will also refer to the plural.
2.1. These general terms and conditions govern all offers by Samantha Thole and all Agreements between Samantha Thole and the Customer.
2.2. If the Customer is a Company, the applicability of any purchase or other conditions is explicitly rejected.
2.3. Any deviations from these general conditions will only be valid if expressly agreed upon In Writing.
2.4. If one or more provisions of these general terms and conditions are found to be invalid or void, the remaining provisions of these general terms and conditions will remain in full force and effect. Samantha Thole will replace the invalid or void provisions, in which respect the purpose and scope of the original provision(s) will be observed as much as possible.
2.5. Insofar as Samantha Thole does not require strict compliance with these general terms and conditions at all times, this will not mean that their provisions will not apply or that Samantha Thole will lose any right to require strict observance of the provisions of these general terms and conditions in any other cases.
2.6. Samantha Thole has the right to amend these general terms and conditions. The version of the general terms and conditions in force at the time an Agreement is concluded will always be the applicable version.
3.1.All offers of Samantha Thole are non-binding.
3.2. Obvious errors and mistakes on the Website will not be binding to Samantha Thole.
3.3. The prices listed for the offered products are in euros and include VAT.
3.4. Listed prices do not apply automatically to future orders.
3.5. The range of Samantha Thole can be changed at any time.
4. Conclusion of the Agreement
4.1. The Agreement will be concluded at the moment on which:
a. The Customer has successfully completed the order process through the Website;
b. The Customer has accepted the offer made by Samantha Thole by email.
4.2. A confirmation email will be sent to the Customer once the Agreement has been concluded.
4.3. The Customer will receive an email with the track and trace code of the order.
5. Delivery period and transport costs
5.1. All listed delivery periods are indicative. The Customer cannot derive any rights from any listed periods. This means that exceeding a period does not give the Customer the right to claim compensation.
5.2. The prices of the Products listed on the Website include transport costs for orders that must be delivered within Europe.
5.3. The prices of the Products listed on the Website do not include transport costs for orders that must be delivered outside of Europe. If the Customer indicates during the order process on the Website that the order must be delivered outside of Europe, the following will apply: a. A pop-up will be shown on the Website indicating that Samantha Thole will contact the Customer about the desired order and delivery; and
b. The order cannot be completed through the Website. In this case, the Agreement will be concluded in accordance with Article 4.1(b).
5.4. The indicated prices do not include import levies. The import levies will be borne by the Customer and will be charged to it by the carrier.
6. Payment and invoice
6.1. The payment for the Agreement concluded through the Website will take place using the Mollie payment provider. The various payment options are listed clearly on the Website.
6.2. The invoice will be sent to the Customer by email.
7. Right of revocation of the Customer (a Consumer)
7.1. The provisions set out in this article apply only to Customers that are Consumers.
7.2.The Customer may terminate the Agreement without substantiation during a reflection period of no more than 14 days.
7.3. If the Customer wishes to exercise its right of revocation, it must explicitly inform Samantha Thole within 14 days of receipt of the full order by:
a. Send an email to email@example.com; or
b. Send a message via the contact form on the Website, see https://samanthathole.com/en/contact/.
The Customer can use the model revocation form but is not required to do so. If the Customer informs Samantha Thole that it invokes its right of revocation through the Website or by email, Samantha Thole will send a confirmation of receipt once it has received this notice.
7.4. Once the Customer has submitted the notice as set out in Article 7.3, the Customer must return the Product to Samantha Thole, in its original packaging insofar as possible, within 14 days of this notice, in a manner that ensures that the Product is properly and fully protected against damage during the transport. The Customer must return the Product to:
3029 AR Rotterdam
7.5. The Customer can also return the Product to Samantha Thole within the reflection period set out in Article 7.2 without informing Samantha Thole that it invokes its right of revocation. In this case, the Customer must enclose a statement to its return shipment demonstrating that it invokes its right of revocation, such as a completed return form.
7.6. If the Customer invokes its right of revocation, the Product and the packaging must be used with care during the reflection period. The Customer will only remove the Product from the packaging to the extent necessary to determine the nature and characteristics of the Product. A guiding principle in this respect is that the Customer may only inspect the Product in the same manner it would be allowed to inspect it in a store.
7.7. The Customer will be liable for a loss of value of the Product as a result of a manner of handling the Product beyond what is permitted based on Article 7.6.
7.8. When returning a Product in the context of the right of revocation, the transport costs for returning the Product will be borne by the Customer. These costs are estimated to amount to approximately € 150.
7.9. Returning the Product will take place at the risk of the Customer. For this reason, it is important that the Customer carefully keeps the (digital) shipping receipt of the return shipment with the track & trace code until Samantha Thole informs the Customer that it has received the returned Product.
7.10. The risk and the burden of proof for the proper and timely exercise of the right of revocation will always be borne by the Customer.
7.11. In case of dissolution as referred to in this article, Samantha Thole will return the paid purchase price and, insofar as applicable, the transport costs paid to ship the order, within 14 days after the date on which the Customer invoked its right of revocation, provided that the Customer has fully met its obligations arising from this article. If the Customer keeps part of the order, the transport costs paid for shipping the order will not be refunded.
7.12.Samantha Thole may suspend the refund until it has received the Product or the Customer has demonstrated that it has returned the Product, depending on which occurs first.
7.13. Samantha Thole will refund the Customer using the same payment method as the original transaction of the Customer unless the Customer has explicitly accepted a different payment method. No costs will be charged for the refund.
7.14. The right of revocation as set out in this article explicitly does not apply to Customers that are Companies.
8.1. The Customer is required to immediately inspect the delivered Product and report shortcomings within a reasonable period.
8.2. Samantha Thole must be informed of transport damage immediately after the Customer receives the Product.
8.3. The Customer must give Samantha Thole the opportunity to investigate a complaint. In this context, Samantha Thole can request the Customer to send pictures or a video of the shortcoming.
8.4.Questions about the order or complaints can be submitted in the following manner:
a. Via the email address: firstname.lastname@example.org
b. Via the contact form on the Website: https://samanthathole.com/en/contact/
8.5.Questions and complaints submitted to Samantha Thole will be answered within 14 days of receipt. If a complaint or question requires a longer handling period, Samantha Thole will provide an answer with a confirmation of receipt within the period of 14 days, including an indication of when the Customer can expect a more detailed answer.
9.1. Samantha Thole guarantees that the Products comply with the Agreement, the specifications listed in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government requirements in force on the date on which the Agreement is concluded.
10. Liability and expiration
10.1. Samantha Thole cannot be held to pay compensation for any damage which is a direct or indirect result of:
a. An event that is beyond its control and thus cannot be attributed to it, as inter alia defined in Article 11 of these general terms and conditions;
b.Any act or negligence of the Customer.
10.2. Samantha Thole will not be liable for any damage caused by the possible temporary unavailability of the order option, the unavailability or removal of the Website due to maintenance, or otherwise.
10.3. The colours on the monitor of the Customer can deviate from the actual colours of the Product. It concerns a hand-made Product, due to which the shape, weight and/or the colour can differ somewhat from the Product shown on the Website. Samantha Thole will not be liable for such deviations.
10.4. Samantha Thole will not be liable for damage of any kind because it used incorrect and/or incomplete data provided by the Customer, such as an incorrect delivery address.
10.5. Samantha Thole will never be liable for indirect damage, including consequential damage, loss of revenue or profits, labour costs, reputational damage, delay damage, loss of turnover, lost savings, and damage due to business standstill.
10.6. If Samantha Thole is found to be liable for any damage or if a limitation of liability as set out above is not permitted or is declared inapplicable by a court, the liability of Samantha Thole will be limited, insofar as this is not in conflict with a compelling legal provision, to the price paid for the Product to which the liability relates.
10.7. Any legal claim based on a shortcoming in the Product or actions and/or omissions of Samantha Thole will expire 1 year after the Customer discovered or could reasonably have discovered the damage. If the Customer is a Consumer, a limitation period of 2 years will apply.
11. Force majeure
11.1. Events that are beyond the control of Samantha Thole or cannot be attributed to its actions and/or omissions will at least include obstructions by third parties, including those by government, transport obstructions, strikes, boycotts, epidemics, pandemics, hacks, cyber-attacks, natural disasters, extreme weather conditions, civil unrest, war, risk of war, loss of or damage to
11.2. Products during their transport, export and import restrictions, fire, transport difficulties, the imposition of levies or other measures by the government, leading to changes to the actual conditions.
11.3. Force majeure will also be considered a non-attributable shortcoming of a third party engaged by Samantha Thole.
11.4. If Samantha Thole cannot, not timely or not fully comply with the Agreement due to a force majeure situation, Samantha Thole will inform the Customer thereof.
12.1. Both parties undertake to observe the confidentiality of all confidential information obtained in the context of the Agreement from each other or another source. Information will be confidential if the other party has indicated this or if this follows from the nature of the information. The party receiving confidential information will only use this information for the purpose for which it was provided.
12.2. If Samantha Thole is required to disclose confidential information to third parties designated by law or a competent court based on a statutory provision or a judicial decision and it cannot appeal to a right to refuse that is acknowledged or allowed by law or the competent court, it will not be required to provide compensation.
13. Personal data
14. Intellectual property rights
14.1. The intellectual property rights to the Products are vested with Samantha Thole.
14.2. The Customer must fully and unconditionally respect all intellectual property rights to the Products. The Customer is specifically not allowed to create (or have another create) reproductions of the Products or derivatives of the Products.
14.3. The Customer must always respect the intellectual property rights of Samantha Thole.
15. Expiry date
15.1. To the extent not determined otherwise in these general terms and conditions, all claims of the Customer against Samantha Thole on any grounds will always expire 1 year after the moment on which the Customer became aware or could reasonably have become aware of the existence of these legal rights.
16. Applicable law and competent court
16.1. All Agreements and other legal transactions between the Customer and Samantha Thole are exclusively governed by the laws of the Netherlands.
16.2.All disputes between the Customer and Samantha Thole will be submitted to the competent court in the district where Samantha Thole is established. If the Customer is a Consumer, it will have 1 month after Samantha Thole has invoked this clause against the Customer In Writing to select a court that is competent based on legal provisions for the settlement of the dispute.
Last updated: 17/04/2023