Terms and Conditions

SA Design General Terms and Conditions

Article 1 - Identity of the entrepreneur

SA Design | Baambrugse Zuwe 149A | 3645 AE Vinkeveen

Phone number: 06-54730161 | email address: info@sa-design.nl

Chamber of Commerce number: 75011530 | VAT identification number: NL8601.08.028.B.01

Article 2 - Applicability

1. These general terms and conditions apply to every offer from SA Design and to every distance contract concluded between SA Design and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, SA Design will indicate before the distance contract is concluded how the general terms and conditions can be viewed at SA Design and that they will be sent free of charge to the consumer as soon as possible upon request.
3. By placing an order with SA Design you agree to the terms and conditions of SA Design.
4. SA Design reserves the right to change these terms and conditions and the content of the website at any time.

Article 3 - Offer

1. All offers and quotes from SA Design are non-binding. SA Design expressly reserves the right to change prices.
2. If an offer has a limited period of validity or is made subject to conditions, such as in the case of quotations for custom work, this will be stated in the offer.
3. Samples and models shown and/or provided, as well as information on colors, sizes, and other descriptions in the webshop, on social media, or other SA Design publications, are presented with the utmost care, but are merely indicative. No rights can be derived from these, unless the parties have expressly agreed otherwise in writing. The product specifications for wicker bags are indicative and are typically listed under "material" as "palm leaf and leather," as these two elements form the basis of each basket/bag. All other additions and enhancements, such as fabric, ribbon, pom-poms, cord, and shells, are merely indicative and depicted through images or text, but are not fully listed under "material" for the product in question.

Article 4 - Agreement

1. The agreement is concluded at the moment the consumer accepts the order from SA Design via the webshop or by email or via social media, after which payment must follow.
2. If the consumer has accepted the offer electronically, SA Design will immediately confirm receipt of acceptance of the offer electronically. Until SA Design confirms receipt of this acceptance, no agreement has been concluded.
3. SA Design reserves the right to refuse orders, with or without providing the consumer with a reason. In that case, any payment already made will be refunded to the account of the bank or credit card company from which the payment originated.
4. For custom quotes, an agreement is concluded once the consumer has given written or verbal approval, after which SA Design has confirmed the agreement by email or app.
5. For B2B quotations, an agreement is concluded once the customer has given written approval to SA Design's offer, after which SA Design has confirmed the agreement by email.

Article 5 - Prices

1. The prices stated in the offer are in euros and include VAT and exclude shipping costs, unless explicitly stated otherwise.
2. All prices are subject to change.
3. Changed prices will not affect orders already placed.
4. Prices of sale items are clearly indicated on the website and invoice. These products cannot be exchanged or returned.
5. If a voucher is used, the discounted price will be clearly displayed on the checkout page. Vouchers do not apply to already discounted items unless explicitly stated otherwise. A voucher can only be used once per customer. Only one voucher can be used per order; therefore, two different vouchers cannot be used within a single order. Vouchers are generally valid for two months after issue, unless otherwise agreed in writing.
6. For B2B applies instead of Article 1 , that prices mentioned in the communication are exclusive of VAT and shipping costs, unless explicitly stated otherwise.
7. For B2B, it also applies that delivered items for the same consumer price (= price including VAT as on the website) must be communicated to third parties such as employees or relations (if applicable) or that the price is not communicated to third parties.

Article 6 - Payment

1. Payment is generally made in advance via online prepayment or bank transfer. After placing an order, the consumer receives an email confirmation detailing the total cost, including shipping costs. After SA Design receives full payment and written order confirmation from the consumer, SA Design will ship the consumer's order.
2. If the consumer fails to meet their payment obligation(s) on time, after SA Design has notified them of the late payment and has granted the consumer a period of 14 days in which to meet their payment obligations, if payment is not made within this 14-day period, the consumer will owe statutory interest on the outstanding amount and SA Design will be entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. SA Design may deviate from the stated amounts and percentages to the consumer's advantage.
3. For customized quotes, the payment and delivery terms are stated in the agreement instead of Article 1. In principle, the consumer must pay 50% of the total amount, including VAT, upon acceptance of the quote and 50% upon delivery.
4. The following applies to B2B quotations: instead of Article 1 , the agreement that has been concluded states the payment and delivery conditions.

Article 7 - Delivery and execution

1. SA Design will take the utmost care when receiving and executing orders for products.
2. The place of delivery is the address that the consumer has provided to SA Design.
3. Subject to the provisions of Article 3 of these terms and conditions, SA Design will fulfill accepted orders expeditiously, but no later than 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement free of charge.
4. After termination in accordance with the previous paragraph, SA Design will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with SA Design until the moment of delivery to the consumer or a previously designated representative made known to SA Design, unless expressly agreed otherwise.
6. The terms stated in working days are intended to mean all days from Monday to Friday, with the exception of public holidays.
7. The stated delivery times are indicative. Exceeding these times does not entitle the consumer to compensation, termination of the agreement, or failure to fulfill any obligation under the agreement.
8. SA Design keeps its website as up-to-date as possible. However, if an item is no longer available, SA Design will contact the customer as soon as possible.
9. For customized quotations, the delivery and execution are further specified in the agreement and have been approved by the parties.
10. For B2B quotations, the delivery and execution are further specified in the agreement and have been approved by the parties.
11. For B2B offers, SA Design reserves the right to offer items offered in larger quantities based on a unique product in the webshop, with a slight variation to ensure uniqueness for B2C.

Article 8 - Right of withdrawal and cooling-off period

1. The consumer can cancel a product purchase agreement within 14 days without giving any reason. SA Design may ask the consumer for the reason for cancellation, but is not obligated to state their reason(s).
2. The reflection period referred to in paragraph 1 of this article commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product.
3. However, the provisions of paragraphs 1 and 2 do not apply to products that are custom-made or personalized for or at the request of the consumer, such as baskets with initials and/or a name on them, custom-made leather bags or baskets/bags with additions, or leather bags/leather accessories with initials and/or on sale and/or custom-made orders in Spain. These custom-made and/or personalized items, items on sale, or custom orders cannot be exchanged or returned by the consumer. The consumer has been informed of this in addition to the general terms and conditions, for example, by the product text on the website or the invoice text.
4. The consumer should inspect the item for any defects or damage upon receipt. These should be reported to SA Design by email immediately, but within 14 days of receipt. Reports after this 14-day period will not be accepted.
5. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning. The strict principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
6. The consumer is liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in the previous paragraph.
7. The provisions of Articles 1 and 2 do not apply to customized quotes and workshops. A paid workshop or a product made after the quote has been accepted has no right of withdrawal and cannot be exchanged or returned. Workshops can be canceled up to 14 days in advance in exchange for a voucher for the workshop or webshop. If a student can demonstrably be prevented from participating due to force majeure, this force majeure must be demonstrated.
8. This article does not apply to B2B quotations and agreements.

Article 9 - Exchanges and returns

1. If the consumer exercises his right of withdrawal, he reports this within the cooling-off period by means of the model withdrawal form ( download the model form here ) or in another unambiguous manner to SA Design.
2. As soon as possible, but within 14 days from the day following the notification referred to in the previous paragraph, the consumer shall return the product or hand it over to (an authorized representative of) SA Design.
3. The consumer returns the product with all supplied accessories, in its original condition and packaging, unused and with the label attached, and in accordance with the reasonable and clear instructions provided by SA Design, as also stated on the exchange and return page.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct costs of returning the product unless SA Design has expressly and in writing indicated that it will pay these costs.
6. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
7. If SA Design makes it possible for the consumer to notify the withdrawal electronically, it will immediately send an acknowledgement of receipt after receiving this notification.
8. SA Design will refund the consumer's purchase price within 7 business days of receipt of the return in good order by SA Design's office, including the shipping costs incurred by SA Design, provided the entire shipment is returned flawless, unused, and in its original condition. If only part of the shipment is returned, the shipping costs will not be refunded by SA Design. The shipping costs and shipping risk for returns and exchanges are the consumer's responsibility.
9. Insufficiently prepaid, unstamped or cash on delivery returns will not be accepted and the consumer's right of return will lapse.
10. Products that are custom-made and/or personalized for the consumer, such as baskets with a name on them, custom leather bags or baskets/bags with additions, and products with a 50% discount in the sale, or orders made especially for the customer in the Netherlands or Spain, are not subject to this article. These items cannot be exchanged or returned by the consumer. See also Article 8.3.
11. Items that are damaged, soiled, worn, or otherwise used, such as espadrilles with a soiled sole, or jewelry that has been used incorrectly due to contact with water and/or perfume, or is broken, or wicker bags that have been used or damaged, or bags from which the label has been removed so that use cannot be traced, cannot be exchanged or returned.
12. The provisions of this article do not apply to custom quotes; see also Article 8.7. A product made by SA Design after the quote has been approved cannot be exchanged or returned.
13. For B2B quotes and agreements, the provisions of this article do not apply; see also Article 8.8. A product made and delivered by SA Design after the quote has been accepted cannot be exchanged or returned.

Article 11 - Additional conditions for Workshops

1. The price of a workshop is stated on the website or the invoice.
2. For online bookings (not custom made), the workshop must be paid immediately and a 14-day reflection period applies from the moment of payment.
3. For custom workshop bookings (not online), the invoice amount must be paid in advance within 14 days of receipt of the invoice. A 14-day cooling-off period also applies from the invoice date.
4. Cancellations can be made by email or phone prior to the workshop date and are only effective upon written confirmation from SA Design. For cancellations up to one month before the workshop date, a €15 cancellation fee will be charged. For cancellations between one month and one week before the workshop date, 50% of the paid amount will be refunded. For cancellations made one week before the workshop date, no refund will be given.
5. In the event of illness of the workshop leader, SA Design reserves the right to reschedule the workshop in consultation with the participants. If this proves impossible, the workshop fee will be refunded. This fulfills SA Design's obligations to the participant, and the participant is not entitled to any compensation.
6. SA Design reserves the right to cancel a workshop on the date advertised online if there are insufficient participants. In that case, the fee already paid will be refunded, or an alternative date can be chosen.
7. Students use the materials, tools, and machines provided at their own risk. SA Design is therefore not liable for any injury that may be caused by the aforementioned.
8. SA Design's intellectual property rights to all products and materials remain the property of SA Design at all times. Materials, designs, and ideas may not be reproduced, used outside the studio, for example, for its own workshops, or distributed without SA Design's prior written permission, under penalty of criminal penalties.
9. Taking photos and videos during workshops without prior permission is prohibited. SA Design will request permission from participants beforehand to take photos and videos for social media. If the participant approves, SA Design may use these photos and videos without charge.
10. It is never permitted to use visible knowledge (such as the methods for developing a design) from workshops or designs from the workshops for one's own business or (commercial) use. If, after a workshop, it is found that the workshop was attended and used for training purposes in any way for one's own business, a fine of €100,000 will be due per violation, plus a fine of €5,000 per item per product produced based on designs from the workshops.
11. If it becomes clear during the workshop that a participant intends to use the workshop for personal gain, they will be asked to leave. Refunds will not be provided, and the paid amount will be retained to compensate for the inconvenience caused.

Article 10 - Complaints procedure

1. SA Design has a sufficiently well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints regarding the performance of the agreement must be submitted to SA Design in writing, fully and clearly described, within a reasonable time, in this case within 5 days after the consumer or customer has discovered the defects.
3. Complaints submitted to SA Design will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, SA Design will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer or customer can expect a more detailed response.
4. The consumer or customer must give SA Design at least four weeks to resolve the complaint amicably. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 11 - Disputes

Agreements between SA Design and the consumer or customer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 12 - Privacy

SA Design has laid down its privacy policy in the SA Design Privacy Policy, as published on the SA Design website.