Terms & Conditions
GENERAL TERMS AND CONDITIONS STUDIO BATIK
These General Terms and Conditions apply to the legal relationship between Studio Batik and its Customers, as both defined below.
Article 1 – Definitions
In these General Terms and Conditions, the following words shall have the following meanings unless the context indicates otherwise.
Agreement
The agreement concluded between Studio Batik and the Customer whereby the Customer purchases and/or request services related to one or more Products from Studio Batik.
Customer
A professional party or a natural person who is not acting in the exercise of a profession or business that purchases one or more Products or uses one or more services of Studio Batik.
Customer Service
The Customer Service of Studio Batik to be reached via photo@studiobatik.com.
General Terms and Conditions
These currant general terms and conditions of Studio Batik dated 26th of August 2022.
Intellectual Property Rights
All copyrights, trademark rights, design and model rights and/or other (intellectual property) rights, also including rights pertaining to data bases or other products of commercial knowhow.
Order
The Products as purchased and/or requested services in relation thereto by the Customer.
Personal Data
All the data provided by the Customer to Studio Batik.
Products
All the products and/or related services offered by Studio Batik to the Customer such as the studios, various workshops and equipment.
Studio Batik
Studio Batik VOF, a general partnership under Dutch law, registered with the trade register of the Dutch Chamber of Commerce under number 87375974 and with VAT number: NL864277532B01, having its business office at the address Jan van Krimpenweg 9L, 2031 CE Haarlem, The Netherlands.
Website
the Website operated by Studio Batik to be reached on the domain name www.studiobatik.com.
Article 2 – Studio Batik
Studio Batik is an innovative company that provides studios and equipment, such as lightning and tripods for photography and film production. In addition to the rental of the studios, Studio Batik offers the Customer various workshops, such as breathing workshops and/or yoga classes.
Article 3 – General
| 3.1 | These General Terms and Conditions apply to all legal relations between Studio Batik and the Customer, including to all Products as offered and more specific, the Products as described in the Order. These General Terms and Conditions apply to the relationship between Studio Batik and the Customer, also if the Agreement is no longer in force. |
| 3.2 | The Customer expressly accepts and acknowledges the fact that the Agreement and/or any part of it does not qualify as a tenancy agreement within the meaning of the law, although in any case this is not the intention of the Customer nor of Studio Batik, and therefore the Agreement does not give rise to any claim to any of the provisions relating to security of tenure (huurbescherming) and/or eviction protection (ontruimingsbescherming) and the Customer, to the extent required and/or possible by law, expressly waives any and all of such claims and/or rights. |
| 3.3 | Deviations and/or additions to any provision of these General Terms and Conditions shall only be applicable when explicitly agreed in writing and shall have no general effect. All other remaining provisions shall remain unimpaired. |
| 3.4 | By placing an Order, the Customer indicates to have read, understood and agreed to be bound by these General Terms and Conditions and all other rights and obligations, for example but not excluded to the privacy policy, as stated on the Website. |
| 3.5 | If any of the provisions contained in these General Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of these General Terms and Conditions, and these General Terms and Conditions shall be construed as if such invalid, illegal or unenforceable provision had never been contained in it. |
| 3.6 | All stipulations in these General Terms and Conditions have also been drawn up for the benefit of all directors at Studio Batik as well as all employees of Studio Batik and/or persons that have been engaged by Studio Batik. |
| 3.7 | Studio Batik reserves the right to amend, add or remove any provision of these General Terms and Conditions at any time without prior written notice. The latest version of these General Terms and Conditions will placed on the Website. |
Article 4 – Products
| 4.1 | Studio Batik offers the Customer – depending on the Order – one or more Products, including – but not limited to – studios suitable for photoshoots and film productions. This is including the use of Wi-Fi, water, electricity, kitchen and toilets. Studio Batik also offers equipment such as lights and tripods for renting purposes. Moreover, Studio Batik offers various workshops which can be included in the Order/offer when it comes to renting a studio. |
| 4.2 | If an offer has limited duration or is made subject to certain conditions, this will be explicitly stated in the offer. |
| 4.3 | Studio Batik is entitled to enter the Customer’s studio at all time. Studio Batik will try to inform the Customer beforehand. |
| 4.4 | The Customer must keep the Products and all items in and around the studio in a good state and take reasonable care of them. |
Article 5 – Prices and payment method
| 5.1 | The prices of the Products will be (where possible) stated on the Website. Depending on the Order, Studio Batik will send the Customer a price offer per e-mail. |
| 5.2 | The price of a Product shall be in euro’s, excluding service costs and VAT, unless explicitly stated and including a fee for a non-profit organization selected by the Customer. |
| 5.3 | Studio Batik is entitled to pass on price increases to the Customer if Studio Batik can show that between the time of the quotation and the execution of the Agreement price-determining factors have risen as a result of unforeseen developments and/or circumstances not attributable to it, such as, the change in the monthly price index according to the consumer price index. |
| 5.4 | The fee for the services of Studio Batik will be invoiced by Studio Batik as follows: (i) 100% (hundred percent) within 30 (thirty) days after the aforementioned date. |
| 5.5 | In the event that the Customer has not fulfilled any of its payment obligations, Studio Batik has the right to suspend the Agreement or terminate the Agreement until the Customer has fulfilled all of its payment obligations, including the payment of all interest and extrajudicial costs and other reasonable additional costs incurred by Studio Batik. The Customer shall never be entitled to suspend any of its obligations. |
Article 6 – Cancellation of the Agreement
| 6.1 | The Customer may cancel the Agreement when it comes to the rental of the studios up to 14 (fourteen) days before the execution of the Agreement without any costs. |
| 6.2 | The Customer may cancel the Agreement when it comes to the rental of the studios up to 7 (seven) days before the execution of the Agreement against a payment of 50% (fifty percent) of the offered price. |
| 6.3 | If the Customer cancels the Agreement after the period as described in clause 6.2 above, the Customer shall be due the full price. |
Article 7 – Compliance
| 7.1 | Studio Batik will execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. |
| 7.2 | Studio Batik will ensure that the Products comply with the Agreement, the specifications stated on the Website and in the offer and comply with existing legal provisions and government regulations. |
Article 8 – Liability of Studio Batik
| 8.1 | Studio Batik Will not be liable for damages arising from or in connection with the performance of the Agreement, the Products, its services, third party services or the studios, unless in the event of willful intent or gross negligence of Studio Batik. |
| 8.2 | Studio Batik will not be liable for damages until Studio Batik has been notified by the Customer in writing and has been granted a reasonable period of time to remedy the situation. |
| 8.3 | The Customer shall indemnify Studio Batik in full against any claims of third parties for damages which result from the execution or performance of the Agreement, unless such outcome was the result of willful intent or gross negligence of Studio Batik. |
| 8.4 | If Studio Batik – for whatever reason – does not have a Product, service or studio available to the Customer on the agreed date, Studio Batik will not be liable for any damages that the Customer suffers as a result. The Customer will not be obliged to pay the price for such Product or service during the period that such Product and/or service is not available for the Customer. |
| 8.5 | Studio Batik will never be liable for any consequential and/or indirect damages. |
| 8.6 | Any liability of Studio Batik will be at times limited to the amount of the price offered to – or paid by – the Customer. |
Article 9 – Liability of the Customer
| 9.1 | The Customer is liable for any damage, breakage, defect, loss, theft of the Products, amongst which the studio and/or equipment, furniture and other objects in the studio. Damage and loss must be compensated by the Customer on the basis of new value. Loss and theft will immediately be reported to the police by Studio Batik. |
| 9.2 | The Customer is obliged to check the Products, amongst which the studio, furniture and equipment before use. If it appears that any of the Products, amongst which the studio, furniture or equipment is damaged, the Customer must report this as soon as possible and in writing to Studio Batik. Under no circumstances is it allowed to take anything from the studios. |
| 9.3 | If to the sole opinion of Studio Batik, the Customer does not deliver the Products and/or the studio in good condition after the execution of the Agreement, the Customer shall be obliged to pay for any and all professional cleaning costs. These cleaning costs may be deducted from and/or set-off with any amount paid or payable. |
Article 10 – Insurance
The Customer shall take out all possible insurances useful or necessary in connection with the execution of the Agreement and/or the use of the Products at its own expense.
Article 11 – Complaints
| 11.1 | In the event that a Customer finds that Studio Batik did not fulfil its obligations towards the Customer, the Customer will notify Studio Batik. Complaints must be submitted to the Customer Service reachable at photo@studiobatik.com within 14 (fourteen) days after the execution of the Agreement. The complaint must be described fully and clearly. |
| 11.2 | Complaints submitted to Studio Batik will be answered within a period of 14 (fourteen) days from the date of receipt of the complaint. If a complaint requires a foreseeable longer processing time, Studio Batik will respond within a period of 14 (fourteen) days with a notice of receipt and an indication when the Customer can expect a more detailed answer. |
| 11.3 | If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 (three) months after the complaint has been submitted, the Customer can turn to the competent court. |
| 11.4 | If a complaint is justified, Studio Batik shall have the opportunity to properly execute the Agreement. In the event that it is no longer possible to execute the Agreement according to objective standards, Studio Batik shall refund to the Customer the value of the Product. The refund shall, in principle but to the sole discretion of Studio Batik, take place via the same method of payment used by the Customer when paying the invoice. |
Article 12 – Intellectual property
| 12.1 | All Intellectual Property Rights related to Studio Batik, the Products and the Website, belong at all times to Studio Batik. |
| 12.2 | It is prohibited for the Customer, without written consent from Studio Batik, to use the Intellectual Property Rights for publications or reproductions except where non-commercial personal use in respect of the Product itself is involved. |
Article 13 – House rules
In addition to the General Terms and Conditions, Studio Batik uses general house rules. The Customer must at all times comply with these house rules. A copy of the house rules is attached to these General Terms and Conditions.
Article 14 – Personal Data
| 14.1 | The Customer is aware that by using the Website it provides certain Personal Data to Studio Batik, for example name, address, bank details and e-mail address. |
| 14.2 | If the Customer agrees to these General Terms and Conditions, the Customer gives permission for the processing of its Personal Data in connection with the use of the Website and the execution of the Agreement. The processing of the Personal Data takes place in accordance with applicable laws. |
| 14.3 | By agreeing to these General Terms and Conditions, the Customer agrees to the privacy policy applied by Studio Batik, as shown on the Website. |
| 14.4 | Studio Batik shall request the consent of the Customer prior to the sending of any promotional emails or other communications. |
Article 15 – Governing law and jurisdiction
This Agreement shall be construed in accordance with Dutch law and the competent court in Amsterdam shall have sole and exclusive jurisdiction in relation thereto.