General Terms & conditions
Welcome to the e-commerce website of Studio Vermicelli, the business of Ellen Vermeersch, with address at Solhofdreef 27, 2630 Aartselaar (‘Studio Vermicelli’), which offers its clients the possibility to purchase products from its webshop online.
These General Terms and Conditions (the ‘Terms’) apply to any access to and orders made by a visitor for any product or service provided by this e-commerce website (‘Customer’ or ‘you’). The continued browsing, usage of this website and/or making of an order implies (i) the Customer’s acceptance of the Terms and his recognition to have read, understood and accepted the Terms, and (ii) the Customer's full and complete acceptance of and compliance with the Terms.
The Terms shall apply in exclusion of any other terms and conditions. Additional terms and conditions of the Customer are excluded, unless these are priorly explicitly accepted in writing by Studio Vermicelli. The Terms apply to all modes of placing of orders proposed by Studio Vermicelli, whether the order is placed by internet, telephone or email.
Studio Vermicelli reserves the right (including on a case-by-case basis) to limit the sales of its products to any person, geographic region or jurisdiction and to limit the quantities of any products offered. Studio Vermicelli reserves the right to limit or prohibit orders that, at its sole discretion, appear to be placed by dealers, resellers or distributors. Studio Vermicelli also reserves the right to refuse any order by a Customer with whom there exists, or which appears during processing, a (payment) dispute.
By agreeing to these Terms, the visitor of this website represents that he/she has the required capacity under applicable law to access, use and order on this e-commerce website on the Terms. None of Studio Vermicelli’s products may be used for illegal or unauthorized purposes, nor to violate any applicable laws. You must not transmit any worms or viruses or any code of a destructive nature.
The entirety of the content (including underlying technologies used) posted on this site is reserved under copyright and intellectual property rights for the whole world. The Customer agrees not to reproduce, refer, duplicate, copy, sell, resell or exploit any portion of the website, use of the website or access to the website without Studio Vermicelli’s explicit prior written consent.
Headings are included for convenience only and will not limit or otherwise affect the Terms.
Article 2: Price
All listed prices are expressed in EURO, including VAT and all other charges or taxes to be borne by the Customer for delivery in the European Union. Delivery, ordering or administrative costs which are being charged, as the case may be, are mentioned separately. The prices take into account the Belgian VAT applicable on the day of the ordering and any change of the statutory rate of VAT or other taxes or charges will be reflected in the price of the products presented on the site at the date stipulated by the decree of application.
The price as indicated on the e-commerce website only relates to the products as these are described verbatim. Any accompanying photos or pictures are solely decorative and may include elements which are not included in the price.
In the event of an error in price for any of the goods you have ordered, Studio Vermicelli will inform you as soon as possible and give you the chance to cancel your order, without further liability in this respect for Studio Vermicelli.
Orders for delivery outside the European Union are subject to possible taxes and customs fees in the destination country for which the Customer is liable. The Customer should also verify whether the import of such products is in accordance with any applicable legislation or regulation.
Article 3: Offer
Although the online catalogue and e-commerce website are established with care, it is possible that the included information is incomplete, includes errors or is not up-to-date. Mistakes or errors in the offer do not bind Studio Vermicelli. Studio Vermicelli is only bound by an obligation of means (middelenverbintenis) in relation to the accuracy and completeness of the included information. Studio Vermicelli is to no extent liable for any errors, misprints, inaccuracies or omissions. The information, characteristics, photographs and graphics presented on the website or in the emails sent by Studio Vermicelli are given only on a purely indicative and illustrative basis. There is no guarantee that the Customer’s computer monitor's display of any colour will be accurate. It is possible that the perception of the products does not correspond exactly to the products.
Studio Vermicelli reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after the Customer has submitted an order). Studio Vermicelli undertakes no obligation to update, amend or clarify information on the website, including without limitation, pricing information, except as required by law.
If the Customer has specific questions in respect of e.g. sizes, colours, availability, delivery time or delivery method, the Customer is requested to priorly contact our customer service. The e-commerce website includes, for indicative purposes only, size charts/measurements details of the products to assist the Customer in making the correct choice. Studio Vermicelli does not warrant that the quality of any products, services, information or other material purchased or obtained will meet the Customer’s expectations or that any errors will be corrected.
Studio Vermicelli’s products are hand made and consequently may include colour, shape and print variations which are resulting from the hand made screen printing process. These small variations are normal, do not affect the quality of the products and do not give right to any liability of Studio Vermicelli or the possibility for the Customer to revoke the agreement other than in accordance with the Terms.
The offer of products on the website is valid while the stock lasts and can at any time be adjusted or rejected by Studio Vermicelli. Studio Vermicelli is to no extent liable for any product which may not be available (including after the Customer has submitted an order). Studio Vermicelli cannot be held accountable for the non-fulfillment of an agreed contract in the case of the product being out-of-stock or unavailable, of causes beyond control, of disruptions caused by strikes, transport and communications, flooding and fires or generally due to force majeure.
If an offer has a limited validity duration or is subject to certain terms and conditions, such is explicitly included in the offer. Studio Vermicelli reserves the right to change the descriptions of products and/or product prices without notice at its sole discretion and to discontinue any product at any time. Any offer for any product on this website is void where prohibited.
The Customer agrees that from time to time Studio Vermicelli may remove access to the e-commerce website for indefinite periods of time or cancel the e-commerce website at any time, without notice to you. Studio Vermicelli reserves the right at any time to change the prices for the products without notice and to modify or discontinue (part of) the e-commerce website without notice. Studio Vermicelli shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance or otherwise of the e-commerce website.
Article 4: Online purchases
The procedure to order products on the website is as follows: the Customer puts products in its shopping cart (including, as the case may be, the requested colours, sizes etc indicated in the webshop), clicks to proceed to the ‘checkout’ where an overview of the shopping cart is indicated. Consequently, the Customer must provide his details, including email address, phone number and precise address of delivery for the order to be processed, followed up and delivered. The confirmation takes place through the email address which the Customer has provided. Finally, the Customer selects the payment method and the Customer must proceed with payment of his order, which will formalize the sales contract with Studio Vermicelli.
The Customer may select the following payment methods: credit cards (such as Mastercard, VISA) and debit cards mentioning the Maestro and/or Bancontact label. The Customer guarantees to Studio Vermicelli that he has the necessary authorization to use the mode of payment chosen by him during the confirmation of the purchase order. The debit for purchases on the Customer's account is done at the time of the processing of the order. Studio Vermicelli reserves the right to suspend the processing and delivery in the case of a payment authorization by bank card being refused by officially accredited organizations or in the case of non-payment.
An email is automatically sent to the Customer in order to confirm the order, provided that the email address indicated in the inscription form does not contain an error. The Customer must check the completeness and conformity of the information which he provides to Studio Vermicelli, which cannot be held responsible for possible errors of data-entry and the consequences in terms of delay or delivery error. All expenses engaged for resending will be the responsibility of the Customer.
Every order implies acceptance of these Terms and the prices and description of the products available for sale. The supply online of the bankcard number and the final validation of the order by the Customer will constitute proof of the order. This validation constitutes signature and acceptance of all the operations carried out on the website. The purchase order which the Customer creates online or the confirmation of the order sent by email to the Customer does not constitute an invoice, which will be provided electronically. The invoice does not come with the parcel.
Studio Vermicelli is entitled to refuse an order in the event of a material failure by the Client in respect of such Client’s orders. Studio Vermicelli further reserves the right to refuse service to anyone for any reason at any time, including the right to refuse to process and deliver an order placed by a Customer who has not paid in total a previous order, or with whom a dispute over payment has still not been settled.
The Customer understands that his content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Article 5: Delivery and execution of the agreement
Articles ordered through this website are delivered in Belgium and the Netherlands.
The delivery takes place by bPost or another parcel service and the Customer is charged additional costs in this respect, as mentioned in the ordering procedure. Shipping costs may vary, depending on the country of residence of the Customer. Studio Vermicelli is not responsible for postal delays. In case of a delay in delivery, the Customer must promptly contact the transporter or its distribution office. As the case may be, the Customer must contact Studio Vermicelli’s customer service by email to create a file of contention or start an investigation to carry out a search for the parcel. The Customer must declare the loss in the 10 days following the reception of the dispatch notice sent by Studio Vermicelli. Subject to complying with these terms, Studio Vermicelli may contact the transporter concerned. In the event that the parcel is not found, the Customer may be refunded the amount paid or, subject to availability, order the same product.
Unless otherwise agreed or explicitly otherwise indicated or notified, products are expected to be delivered to the Customer’s address within 15 days after receipt of the order. Transport times depend on the transporter and the place of delivery. Studio Vermicelli may inform the Customer of the delivery time on a purely indicative basis.
Any visible damage and/or qualitative default of a product or other delivery default must be notified promptly by the Customer to Studio Vermicelli. It is the responsibility of the Customer to inspect his parcels upon reception in the presence of the deliveryman and to notify the transporter as well as Studio Vermicelli of any anomaly within two business days. If such elements are not noted on the delivery slip presented to the Customer by the transporter, no complaint related to the state of the parcel can be accepted by Studio Vermicelli.
The risk for loss or damage transfers to the Customer as from the time he (or a third party indicated by the Customer, who is not the transporter), has taken physical possession of the products. The products are packaged to respect the standards of transport in force and to ensure reasonable protection of the products during their delivery.
Studio Vermicelli reserves the right to refuse any order a Customer places and may, in its sole discretion, limit or cancel quantities purchased per person or per order. In the event that Studio Vermicelli makes a change to or cancels an order, it may attempt to notify the Customer by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
The Customer agrees to provide accurate and complete purchase and account information for all purchases made on the e-commerce website and shall update its account and other information. Studio Vermicelli is not responsible for possible errors of data entry and the consequences in terms of delay or delivery error. All expenses engaged for the re-forwarding of an order will be at the cost of the Customer.
Article 6: Retention of title
The delivered products remain under the exclusive ownership of Studio Vermicelli until full payment by the Customer. The Customer undertakes to indicate, as the case may be, this retention of title to third parties, eg to anyone who would come to encumber such non-fully paid products.
Article 7: Right of withdrawal
The terms of this article only apply to Customers who, in their capacity as consumer, purchase products online with Studio Vermicelli. The Customer has the right to revoke the agreement within 14 calendar days after the day the Customer (or a third party indicated by the Customer, who is not the transporter), has taken physical possession of the products. As we print to order, no stock is kept and Studio Vermicelli therefore strongly prefers orders not to be revoked and returned. The Customer will get the opportunity to exchange ordered products with similar products of a different size subject to availability.
To exercise his withdrawal right, the Customer must notify Studio Vermicelli thereof through an unambiguous statement of his decision to revoke the agreement by email on the following email address: email@example.com.
To comply with the withdrawal period, the Customer must send its statement in respect of the exercise of his withdrawal right prior to the expiration of the withdrawal period.
The Customer must promptly, but in any event no later than 7 calendar days after the date on which he has notified its decision to revoke the agreement to Studio Vermicelli, return the products to Studio Vermicelli. The Customer has complied with this obligation if the products are received prior to expiration of the 7 calendar days term. Goods that were bought on a stock sale cannot be returned.
A physical return of products ordered on the websop at the address of Studio Vermicelli is not possible. The return must be made by parcel courier and is at the risk of the Customer and the costs for return of the products are for the account of the Customer.
If the product which is returned is decreased in value in any way, Studio Vermicelli reserves the right not to fully refund and to hold the Customer liable for, and claim damages in respect of, each value decrease of the products which is the result of the use of the products by the Customer that exceeds the need to establish the nature, characteristics and functionality of the products.
Only products in the original packaging, with all ancillaries and original invoice, can be returned.
If the Customer revokes the agreement and the returned product satisfies all the conditions (in new condition, in its original packaging, unworn and unwashed etc.), Studio Vermicelli shall refund the amounts received from the Customer for the purchase of the product (excluding delivery costs) to the Customer within 14 calendar days after Studio Vermicelli has been notified by the decision of the Client to revoke the agreement. Studio Vermicelli can delay payment until all products have been returned to Studio Vermicelli in accordance with these Terms. If the 14 day period expires on a Saturday, Sunday, holiday or non-business day, it is extended until the next business day.
Studio Vermicelli shall attempt to refund the Customer with the same means of payment used by the Customer in the original transaction.
Article 8: Guarantee
The Belgian Law of 21 September 2004 applies to these Terms and any agreement as a result thereof. To apply for any guarantee, as the case may be, the Customer must present the original proof of purchase. Clients must further keep the original packaging.
Upon establishing a defect, the Customer must promptly inform Studio Vermicelli.
Defects manifesting themselves after 6 months as from purchase are not deemed hidden defects.
Article 9: Customer service
The customer service of Studio Vermicelli can be reached via email on firstname.lastname@example.org.
Article 10: Penalties for non-payment
Without prejudice to any other rights available to Studio Vermicelli, in the event of non- or late payment, the Customer is liable, as from the date of his breach, without further notification and de jure to pay an interest of 10% per year on the amount which the Customer has not paid. In addition, without further notification and de jure, the Customer is liable to pay liquidated damages of 10% of the relevant amount, with a minimum of EUR 50 per invoice.
Notwithstanding the above, Studio Vermicelli reserves the right to take back the products which have not been (fully) paid.
Article 11: Privacy
Studio Vermicelli respects the Belgian Law of 8 December 1992.
The personal data provided by the Customer will only be used for the execution of the agreement, the processing of the delivery of the products, the sending of newsletters and advertising and/or marketing purposes.
The Customer has a legal right to review and, as the case may be, correct his personal data. Subject to proof of identity (copy of identity card), the Customer can, through a written, dated and executed request to Studio Vermicelli (email address: email@example.com), be provided at no charge with its personal data. As the case may be, the Customer can request to correct such data which are not accurate, complete or pertinent.
In the event of direct marketing, the Customer can oppose the usage of his data for direct marketing at no charge. The Customer can make this request to Studio Vermicelli (email address: firstname.lastname@example.org).
Studio Vermicelli will treat your data as confidential information and will not transfer, lease or sell these to third parties.
The Customer is responsible for keeping his log-in details and the use of his password confidential. Studio Vermicelli has no access to your password. Studio Vermicelli may keep online (anonymous) visitors’ statistics to monitor which pages of the internet site are visited to what extent.
Article 12: Cookies usage
The website may use data acquisition systems such as cookies (both first and third party cookies). During a visit to the site, ‘cookies’ may placed on the hard disk of your computer. A cookie is a text file which is put by the server of a website in the browser of your computer or mobile device when you visit a website. Cookies cannot be used to identify persons, a cookie can only identify a machine.
You can adjust your internet browser to ensure cookies are not accepted, to receive a notification when a cookie is installed or to delete cookies from your hard disk afterwards. This is effected through the help function of your browser. Please note that certain graphical elements may not correctly present itself or that you may not be able to use certain applications.
By using the e-commerce website, you agree with our usage of cookies.
Article 13: Severability – no waiver
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Article 14: Entire agreement - changes
These Terms and any policies or operating rules posted by us on this website constitute the entire agreement and understanding between you and Studio Vermicelli, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
You can review the most current version of the Terms at any time at this page. Studio Vermicelli reserves the right, at its sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms constitutes acceptance of those changes.
Article 15: Evidence
The Customer accepts that electronic communications and back-ups can be used as proof and evidence.
Article 16: Indemnification
You agree to indemnify, defend and hold harmless Studio Vermicelli, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
Article 17: Limitation of liability
Studio Vermicelli does not guarantee, represent or warrant that your use of the website will be uninterrupted, timely, secure or error-free or that the results that may be obtained from the use of our website will be accurate or reliable.
In no case shall Studio Vermicelli, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, arising from your use of any of the website or any products procured using the website, or for any other claim related in any way to your use of the website or any product.
Studio Vermicelli and the Customer are not liable for if the execution of an agreement is delayed, blocked or prevented by circumstances beyond their control (force majeure), including circumstances which are external to the two parties, unforeseeable, inevitable, independent of the will of the parties and which could not be prevented by them, despite all reasonably possible efforts. If the force majeure case is of duration greater than one month, the Terms can be cancelled by the injured party. Force majeure will be considered to include the following without limitation: strikes, a blockage of supplies or transport, war or civil unrest, legal or governmental restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning, breakdown of telecommunications or network works not under control of the Customer.
Article 18: Governing law
These Terms and any separate agreements between us shall be governed by and construed in accordance with the laws of Belgium.