Terms and Conditions

General terms and conditions of SA Design

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, before the distance contract is concluded, indicate how the general terms and conditions can be viewed at SA Design and that they will be sent to the consumer free of charge as soon as possible upon request.
3. By placing an order with SA Design, you agree to SA Design's general terms and conditions.
4. SA Design reserves the right to change these general terms and conditions and the content of the website at any time.

Article 3 - Offer

1. All offers and quotations from SA Design are without obligation. SA Design expressly reserves the right to change prices.
2. If an offer has a limited validity period or is made under conditions, such as in the case of quotations for custom work or workshops, this will be stated in the offer.
3. Displayed and/or provided samples and models, as well as specifications of colors, sizes and other descriptions in the webshop, on social media or other expressions of SA Design are made as carefully as possible, but are only an indication. No rights can be derived from this, unless explicitly agreed otherwise in writing by the parties. The product specification for wicker bags is indicative and is standard indicated as "palm leaf and leather" under "material", because these 2 elements form the basis for every bag/basket. All other additions and enrichments such as fabric, ribbon, pompoms, cord and shells are indicated by images or texts, but are not fully listed under "material" for the relevant product.

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 social media, after which payment must follow.
2. If the consumer has accepted the offer electronically, SA Design will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by SA Design, no agreement has been concluded.
3. SA Design reserves the right to refuse orders, with or without stating reasons to the consumer. Any payment already made will in that case 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 as soon as the consumer has given written or verbal approval, after which SA Design has confirmed the approval via email or app.
5. For B2B quotes, an agreement is concluded as soon as the customer has given written approval to SA Design's offer, after which SA Design has confirmed the agreement via 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 price changes.
3. Changed prices do not affect already placed orders.
4. Prices of products on sale are clearly indicated on the website and the invoice. These products cannot be exchanged or returned.
5. If a voucher is applied, the price with the discount from the voucher will be clearly shown 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, so two different vouchers cannot be used within one order. Vouchers are generally valid for 2 months after issue unless otherwise communicated in writing.
6. For B2B, instead of Article 1, the stated prices in the communication are exclusive of VAT and shipping costs, unless explicitly stated otherwise.
7. For B2B, it also applies that delivered items must be communicated to third parties, such as employees or relations (if applicable), at the same consumer price (price including VAT as on the website) or that the price is not communicated to third parties.

Article 6 - Payment

1. Payment is made in advance by online prepayment or bank transfer or after receiving a payment request from SA Design. After an order, the consumer will receive a confirmation by e-mail containing the total costs, including shipping costs. After receipt of full payment and written confirmation of the order by SA Design to the consumer, SA Design will ship the consumer's order or, in the case of workshops, the date is final.
2. If the consumer fails to meet his payment obligation(s) on time, he will owe the statutory interest on the outstanding amount after SA Design has informed him of the late payment and has granted the consumer a period of 5 days to still meet his payment obligations, and SA Design will be entitled to charge the extrajudicial collection costs incurred by him. 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 in favor of the consumer.
3. For custom quotes for products, not being workshops, instead of Article 1, the payment and delivery conditions are stated in the concluded agreement. In principle, payment consists of 50% of the total amount by the consumer including VAT upon acceptance of the quote and 50% upon delivery.
4. For B2B quotes, instead of Article 1, the payment and delivery conditions are stated in the concluded agreement.

Article 7 - Delivery and execution

1. SA Design will exercise the greatest possible care when receiving and executing product orders.
2. The place of delivery is the address that the consumer has made known to SA Design in writing.
3. With due observance of what is stated in Article 3 of these general terms and conditions, SA Design will execute accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, 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 dissolve the agreement without costs.
4. After dissolution 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 pre-designated representative known to SA Design, unless explicitly agreed otherwise.
6. The terms in working days are stated as referring to all days from Monday to Friday inclusive, with the exception of public holidays.
7. The stated delivery times are indicative. Any exceeding thereof does not give the consumer the right to compensation, dissolution of the agreement or non-fulfillment of any obligation arising from 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 consumer as soon as possible.
9. For custom quotes, delivery and execution are further specified in the agreement and approved by the parties.
10. For B2B quotes, delivery and execution are further specified in the agreement and approved by the parties.
11. For B2B offers, SA Design reserves the right to offer items quoted in larger quantities based on a unique product on the webshop, with a small variation to ensure uniqueness for B2C.

Article 8 - Right of withdrawal and cooling-off period

1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without stating reasons if placed online. SA Design may ask the consumer for the reason for withdrawal, but cannot oblige them to state their reason(s).
2. The cooling-off period mentioned in paragraph 1 of this article starts on the day after the consumer, or a third party designated in advance by the consumer, 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 leather bags or baskets/bags with additions or leather bags/leather accessories with initials and/or are on sale and/or are custom orders made in Spain. These custom-made and/or personalized items or 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, by, for example, the text with the product on the website or the invoice text.
4. The article must be checked by the consumer upon receipt for any errors or damage. These must be reported to SA Design immediately, but within 14 days of receipt, by e-mail; reports after this 14-day period will no longer be accepted.
5. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine its nature, characteristics and functioning. The strict starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
6. The consumer is liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in the previous paragraph.
7. For custom quotes and workshops, the provisions of articles 1 and 2 do not apply. A paid workshop or a product made after acceptance of a quote has no right of withdrawal and cannot be exchanged or returned. If it can be demonstrated that a participant cannot attend due to force majeure, this force majeure must be demonstrable.
8. This article does not apply to B2B quotes and agreements.

Article 9 - Exchange and returns

1. If the consumer exercises his right of withdrawal, he must notify SA Design within the cooling-off period by means of the model withdrawal form (download the model form here) or by other unambiguous means.
2. As soon as possible, but within 14 days from the day following the notification referred to in the previous paragraph, the consumer returns the product or hands it over to (an authorized representative of) SA Design.
3. The consumer returns the product with all supplied accessories, in 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 page exchange and returns.
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 bears the direct costs of returning the product unless SA Design has explicitly and in writing stated that it will bear these costs.
6. If the consumer exercises his right of withdrawal, all supplementary agreements will be dissolved by operation of law.
7. If SA Design makes it possible for the consumer to notify withdrawal electronically, it will send an acknowledgment of receipt without delay after receiving this notification.
8. SA Design will reimburse the purchase amount to the consumer within 7 working days after the return has been received in good order at SA Design's office, including the shipping costs incurred by SA Design for the shipment, provided that the entire shipment has been returned impeccably, unused and in original condition; if only a part is returned, the shipping costs will not be refunded by SA Design. The shipping costs and shipping risk for returns and exchanges are for the consumer's account.
9. Insufficiently stamped, unstamped returns or cash on delivery returns will not be accepted, and therefore the consumer's right of return will expire.
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 that have a 50% discount in the sale, or orders that have been specially made 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 for this.
11. Items that are damaged, soiled, worn, or otherwise used, such as espadrilles with a soiled sole, or jewelry that has been used incorrectly, for example, due to contact with water and/or perfume or that are broken, or wicker bags that have been used or bags that are damaged, bags from which the label has been removed making it impossible to determine use, cannot be exchanged or returned.
12. For custom quotes, the provisions of this article do not apply, see also article 8.7. A product made by SA Design after acceptance of the quote 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 acceptance of the quote cannot be exchanged or returned.

Article 11 - Additional terms and conditions for Workshops

1. The price of a workshop is stated on the website or the invoice.
2. For online bookings (not custom), the workshop must be paid immediately and the 14-day cooling-off period applies from the moment of payment.
3. For bookings of custom workshops (not online), the invoice amount must be paid in advance, within 5 days of invoice issuance.
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 1 month before the start of the workshop, only a €15 cancellation fee will be charged. For cancellations from 1 month before the workshop date up to 1 week before the start, 50% of the paid amount will be refunded. For cancellations one week before the workshop date, no refund will be granted.
5. SA Design reserves the right, in case of illness of the workshop instructor, to reschedule the workshop in consultation with participants; if this proves not possible, the workshop amount will be refunded. With this, SA Design fulfills its obligations to the participant and the participant has no right to compensation.
6. SA Design reserves the right to cancel a workshop on a date offered online if there are too few participants. The amount already paid will then be refunded or an alternative date can be chosen.
7. Participants use the available materials, tools, and machines at their own risk. SA Design is hereby indemnified against any injury that may be caused by the aforementioned.
8. SA Design's intellectual property rights to all products and materials always remain the property of SA Design. Materials, designs, and ideas may not be reproduced without prior written permission from SA Design or used outside the studio, for example, for own workshops, or distributed, under penalty of criminal sanctions.
9. It is not permitted to take photos and videos during the workshops without prior permission. SA Design will ask participants for prior permission to take photos and videos for social media, marketing purposes, and the website. With the participant's approval, SA Design may use these indefinitely without compensation.
10. It is never permitted to use visible knowledge (such as patterns in photos or the methods of developing a design) from workshops or designs from the workshops for one's own business or (commercial) use. If it appears after a workshop that the workshop has been followed and used for the purpose of forming in any way for one's own business, a fine of €100,000 per violation will be due, increased by a fine per product produced based on designs from the workshops of €5,000 per item.

Article 10 - Complaints Procedure

1. SA Design has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about 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 client has discovered the defects.
3. Complaints submitted to SA Design will be answered within a period of 14 days, starting from the date of receipt. If a complaint requires a foreseeably longer processing time, SA Design will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer or client can expect a more detailed answer.
4. The consumer or client must in any case give SA Design 4 weeks to resolve the complaint through mutual consultation. 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 client 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.