Terms AND CONDITIONS
1. General Information and applicability
LIAN, reg. no. 65379594 is a Dutch company with studio address Straelseweg 70, 5911CR Venlo, The Netherlands. LIAN’s e-mail address is: firstname.lastname@example.org.
LIAN Design Studio markets and sells furniture and other interior items (the Products) on www.liandesignstudio.com (the Website), and from the studio.
These terms and conditions apply for the marketing and sale of the Products.
These terms and conditions are subject to more favorable terms and conditions that may follow from mandatory law.
These terms and conditions shall take precedence over your (or your entity’s) additional or different terms and conditions, to which notice of objection is hereby given, unless we specifically agree to them in writing.
An order is not binding before full payment for the Products ordered has been duly received, unless otherwise is explicitly agreed on with the customer.
3. Delivery & Delivery Time
The production and/or delivery times for the Products are separately agreed on with the customer.
The customer has, as an exclusive remedy, the right to cancel an order in case of delay in excess of four weeks.
We have the right to cancel orders made due to that the Product, or parts of the Product, is no longer possible to produce.
We will in case of a cancellation return all payments for the Product to the customer as soon as practically possible, and in no case later than 30 days from the date of the cancellation.
All Products are shipped with a well-reputed carrier of our choice to the address stated by the customer (or to a pick-up point connected to the stated address and which is used by the carrier). We have no obligation to assure that the stated address is valid. The shipping cost, including any taxes and fees, shall be borne by the customer. Any and all costs levied upon us due to incorrect address or failure to accept delivery will be charged to the customer. Products returned to us due to failure to accept delivery will not be re-shipped and we will have no obligation to refund the purchase price, and other charged costs, to the customer. This shall however not apply in the event the customer requests re-delivery within 14 days from the date of failure to accept delivery and pays the costs for the re-shipping.
Delivery is Ex Works Venlo, The Netherlands, and excluding installation.
Transfer of ownership of purchased Products occurs (i) when the Product is delivered, and (ii) full payment of the purchase price has been received. The customer will not be entitled to dispose of the Product before transfer of ownership has occurred. We have the right to re-take delivered Products not paid for.
In the event of obvious damages to product packaging at delivery, the customer needs to open the package together with the courier to make sure that the product is intact. In case of damages are identified, the product delivery should be rejected and the customer must immediately contact us at email@example.com and claim the “Damaged on Arrival” to be entitled a replacement product.
The prices of the Products are stated on the Website, or otherwise separately agreed on with the customer.
The prices stated on the Website are subject to change and may be changed without advance notice.
Any applicable shipping costs will be added to the stated prices of the Products and will be stated separately in the ordering form on the Website before completing the order, or otherwise separately agreed on with the customer.
Applicable VAT (if any) may be added in the ordering form on the Website before completing the order. The customer is responsible for paying any and all applicable VAT in addition to VAT charged by LIAN. The customer is further responsible for paying any and all other applicable taxes, fees and customs for the Products and the delivery thereof.
5. The Products
LIAN does not guarantee that the true colors, shapes and other features of the Products are accurately reflected on the Website or in presentation/advertising material, due to the customer’s computer or monitor settings, or due to deficiencies in the depiction or the description of the Products.
Defects due to normal wear and tear, the use of the Products for other purposes than the intended, or otherwise due to appropriate handling or use may never be regarded as defects for which we are responsible.
LIAN warrants that the Products are free from defects for two (2) years from date of delivery.
Defects in Products supplied must be notified not later than ten (10) days from receipt of the Products. Concealed defects are to be notified immediately after discovery. We will have no obligation to remedy a defect in the event of failure to accordingly notify a defect.
In the event of a defect, LIAN will, in its own sole discretion, either remedy the defect or exchange the Product as soon as practically possible after received notification about the defect. In the event it is not possible to remedy the defect or exchange the Product, we will reimburse the purchase price of the Product reasonably adjusted for any wear and tear. These remedies are exclusive.
6. Concluding Conditions
The consumer has thus the right to cancel an order and return a purchased Product by giving or sending a notice to LIAN (to any of the addresses stated in the introductory part) within 14 days from the receipt of the Product. The consumer has always a right to give or send the notice within 14 days from the receipt of the Product. The consumer may only use the right to cancel an order and return the Product if the Product is in materially unaltered shape, or if it has not been uniquely designed for the consumer.
In case the consumer decides to cancel an order and return the Product, the consumer shall arrange for the return shipping of already shipped Product(s) to applicable physical address:
LIAN Design Studio
The customer is obligated to pay for the shipping costs.
LIAN will return all payments made for cancelled orders and returned Product(s), minus 15% of the value (to cover handling and administrative costs), as soon as possible following the consumer’s exercise of the right to cancel an order and return the Product.
7. Intellectual Property Rights
A purchase of Products does not constitute a transfer of ownership or license to use in any intellectual property rights related or pertaining to the Products, including copyright and pattern rights, to the customer.
All complaints regarding a Product shall be sent to LIAN by using any of the addresses stated in the introductory part.
9. Limitation of liability
LIAN shall not be liable for any loss, damages, claims or costs whatsoever, including any consequential or indirect damages or costs, due to the use of the Products.
10. Copyright and rights of use
The content provided by the design studio LIAN is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.
11. Force Majeure
Force majeure events such as breakdowns, strikes or other disruptive influences beyond our control, or that of our suppliers, release LIAN from its delivery commitments and any other obligations in relation to the customer for the duration of the disruptive influence and of the consequences thereof.
All costs for contacts with LIAN for the purpose of ordering Products or otherwise, whether through the Website, by telephone, by e-mail, by regular mail or otherwise, shall be borne by the customer.
The customer visits and uses the Website on its own risk. LIAN shall have no liability whatsoever for any damage caused to the customer’s computer hardware, software or other equipment due to viruses, worms or similar contracted from the Website.
13. Governing law
Dutch law shall, without regard to its conflict of laws principles, exclusively apply to these terms and conditions and to all purchases of Products. Any dispute arising out of or in connection with these terms and conditions shall be settled in a Dutch court of general jurisdiction.
This policy is effective as of 5 April 2019.