GENERAL TERMS AND Terms STUDIO HENK B.V.

1. Definitions

   1. Unless defined elsewhere in these General Terms and Terms (hereinafter referred to as "Terms"), capitalized terms shall have the following meanings:

 

Annex	the attachment concerning the conformity of the products, as attached to these General Terms and Terms, which is an integral part of these General Terms and Terms
Service	all actions that constitute a service provided to the Customer by Studio Henk, such as cleaning, reupholstering, etc.
Customer	anyone who enters into an Agreement with Studio Henk for the purchase of a Product or Service;
Delivery	placing the Product in the possession of the Customer or, in the event of retention of title, placing the Product in the control of the Customer, or the provision of a Service;
Agreement	the purchase agreement concluded between Studio Henk and the Customer for the purchase of a Product or the provision of a Service;
Private customer	a Customer, being a natural person who enters into an Agreement with Studio Henk for the purchase of a Product or Service;
Parties	Studio Henk and the Customer;
Product(s)	the piece of furniture, accessory or part thereof purchased by the Customer from Studio Henk, such as dining tables, chairs or sofas, etc.
Studio Henk	the private limited company Studio Henk B.V., located in 1016 NL Amsterdam and registered with the Chamber of Commerce under number 69367892 and operating with the VAT number NL857848318B01;
Website	the website www.studio-HENK.nl;
Store(s)	Studio Henk's physical stores in Amsterdam, Utrecht, Rotterdam and Antwerp, among others;
Business Customer	a Customer, being a legal entity entering into an Agreement in the course of conducting a profession or business, for the purchase of a Product or Service from Studio HENK.

 

2. Applicability

   1. These Terms apply to and form part of all quotations and/or offers and/or Agreements by which Studio Henk supplies goods and/or services of any kind to the Customer.

   2. The applicability of any general or specific terms or provisions of the Customer, regardless of their designation, which deviate from these Terms, is explicitly excluded.

   3. These Terms may only be deviated from explicitly and in writing by the Parties.

   4. Studio Henk is only bound by agreements that have been recorded and/or confirmed by it in writing.

   5. Studio Henk is at all times authorized to unilaterally amend provisions of these Terms. Once the amended Terms have been made known to the Customer, they apply between Studio Henk and the Customer.

   6. The provisions of these Terms do not affect the rights Studio Henk has under the law.

 

3. Quotations, Offers and Agreements

   1. All quotations, offers and other statements by Studio Henk are without obligation, unless otherwise stated explicitly and in writing. Orders and acceptances of quotations and offers by the Customer are irrevocable.

   2. All images, specifications and other information about the products are indicative. Studio Henk cannot guarantee that the displayed colours exactly match the actual colours of the products. Studio Henk is not responsible for any inaccuracies on the Website.

   3. The Customer is responsible for the accuracy and completeness of the data provided by or on behalf of him to Studio Henk on which Studio Henk’s offer is based, except for obvious typographical errors. The Customer indemnifies Studio Henk against any claim by third parties regarding the data provided by the Customer.

   4. An agreement between Studio Henk and the Customer is concluded in the Store(s), by telephone, email, or other channel (such as, but not limited to, social media) when the Customer accepts the offer made by Studio Henk and Studio Henk confirms this in writing.

   5. An agreement between Studio Henk and the Customer is concluded via the Website when the Customer electronically accepts Studio Henk's offer. Studio Henk then immediately confirms, electronically, the acceptance of the offer by the Customer.

   6. The Agreement contains a description of the purchased Product or Service. 

   7. The content of the Agreement between the Parties is evident from the Agreement and, in the absence thereof, from the quotation/offer.

 

4. Execution of the Agreement

   1. Studio Henk will endeavor to execute the Agreement to the best of its insight and ability.

 

5. Delivery

   1. Studio Henk will deliver the purchased Product to the Customer no later than 183 calendar days after the date of the conclusion of the Agreement, unless otherwise agreed. If this proves impossible, the Customer may request: (i) a refund of the paid amount, or (ii) the delivery of a replacement Product of equal value.

   2. If a (delivery) period is agreed or specified, it is indicative and never a strict deadline. If the agreed period is likely to be exceeded, Studio Henk will promptly inform the Customer in writing about the delay.

   3. Delivery will occur as the purchased Product is delivered to the home of the Customer, after the Customer has made an appointment for this  delivery with Studio HENK’s transport partner. The delivery costs for each country are listed on the Website.

   4. Purchased Products, except for wall shelves, delivered to the Customer’s home in the Netherlands and Belgium will be assembled upon Delivery. Wall shelves are only delivered and not assembled. Excluded from assembly are products not from the furniture category, such as samples, merchandise, and accessories.

   5. If Delivery is required outside the Netherlands and Belgium, the purchased Product will only be delivered and not installed.

   6. The Customer ensures that the purchased Product can reach the desired location without obstacles and extra efforts. If the purchased Product cannot be brought inside and additional efforts are required, the additional costs will be borne by the Customer. This may include the need for the use of special tools.

   7. Studio Henk and its transport partners have the right to abort the Delivery if the relevant carrier indicates that the delivery situation is unsafe. Transport costs and other additional costs will then be borne by the Customer.

   8. Transport and any assembly on a higher floor is possible in consultation with the transporter and entirely at the risk and expense of the Customer.

   9. The Customer must be present at the time of Delivery. If the Customer is not present, a fee of € 99,- will be charged to the Customer as cancellation costs.

   10. Due to traffic conditions or other unforeseen developments, Delivery may unexpectedly and incidentally take place outside the stated time indication. In such a case, the cancellation costs referred to in Article 5.9 will be waived if the Customer is not present.

   11. Studio Henk is not liable for damage during transport from the first door/first entrance. This damage is the responsibility of the Customer.

 

6. Returns

   1. If you ordered a product out of stock via our webshop, you may return the product within 14 days after you received the product. You can return the product by by sending an email to sales@studio-HENK.nl. After we confirm that we have received such email, you undertake to send back the product within 14 days. We will fully refund the purchase price within 14 days of having received your returned product. Costs for return shipments shall be borne by you. In the period in which you can still decide to return a product, you shall exercise due care in handling the product and its packaging. You will only remove packaging and use the product to the extent that this is necessary to establish whether or not you want to keep the product. You must always return the product in the original and not damaged packaging. This does not apply to customized products as described in article 6.2.

   2. Customized products that are made in conformity to your specifications (such as sizes and colours) cannot be returned. This applies by all meansto: all dining tables, dining benches, pillows for dining benches, sofa’s, dining chairs, fauteuils and closets.

 

7. Pricing, billing and payment

   1. All prices of the Products and Service mentioned by Studio Henk on the Website and in the Store(s) are in euros and inclusive of VAT.

   2. Upon the formation of an Agreement, the Customer is required to make a down payment. When ordering furniture that costs more than €500, a fixed down payment of €500 is required. An order will only be put into production after the receipt of the down payment. If the furniture is in stock or costs less than €500, the full amount must be paid in advance.

   3. If there is an outstanding amount after the order and deposit, it must be paid before a delivery appointment shall be scheduled.

   4. If the down payment is not received by Studio HENK within two weeks (14 calendar days), Studio HENK is entitled to cancel the order. However, the failure to make the down payment within this period does not automatically void the order.

   5. If the Agreement is concluded and the Product can be delivered from stock, the Product must be paid entirely prior to Delivery.

   6. If the delivery address is located outside the Netherlands and/or Belgium, the Customer must pay the entire amount immediately upon placing the order.

   7. Studio Henk is entitled to recover from the Customer the (extra)judicial costs associated with the collection of the claim, including but not limited to the full costs of legal assistance. The collection sosts are a minimum of 15% of the invoice amount for Business Customers, and for Private Customers, they are calculated in accordance with the Extrajudicial Collection Costs Decree.

   8. Studio HENK is entitled, with the Customer's consent, to make payment agreements that deviate from Article 6 of these General Terms and Terms.

 

8. Revocation

   1. If the Private Customer has purchased a stock item via the website the Private Customer may return the Product to Studio Henk within 14 days after the Customer has received the Product, in its original condition and properly packaged. After the 14-day period has expired, the Private Customer becomes obliged to purchase the Product.

   2. Byticuliere Customer exercises the aforementioned right of withdrawalby notifying the intention to return as well as the reason for the return within 14 days of receiptto sendvia the contact form on the website. After the Private Customer has received confirmation of receipt from Studio Henk, the Private Customer must return the Product within 14 days.to return.

   3. If Studio Henk has received the Product in good condition, the purchase amount will be refunded to the account of the Private Customer within 14 days after receipt of the Product. The costs for return shipment are borne by the Private Customer.

   4. The Private Customer is liable for any depreciation in value of the returned Product that is the result of careless handling of the Product, the packageof the Product as well as shipping the Product. 

   5. Excluded from the right of withdrawal are items according to the specifications of the Particuliere Customer-composed Products that are not supplied from stock and that are manufactured based on individual choices of the Private Customer, and products purchased in our physical stores. 

 

9. Guarantee

   1. Studio Henk guarantees that the Products have the properties that the Customer may expect under the Agreement under normal use (conformity). If a Product demonstrably does not meet these expectations, the Customer primarily has the right to repair or replacement. If this is not possible, the Customer has the right to cancellation and/or price reduction.

   2. The requirements that may be placed on a Product in terms of conformity depend on the nature of the item and product-specific properties, as also described in the Annex of these General Terms and Conditions. Scratches, signs of wear, tears, cracks, breakages, rings or stains are beyond the sphere of influence of Studio HENK and therefore do not constitute non-conformity of the products.

   3. If necessary, Studio Henk will bear the transport costs associated with the warranty. Studio Henk will bear the transport costs based on the original delivery address.

   4. The Customer is entitled to a 36-month full warranty on the delivered Products and Services, provided that all use and maintenance instructions, as stated in the Annex to these General Terms and Terms and on the maintenance page on the Studio HENK website, have been followed and executed. The warranty period does not apply to defects related to the Customer’s use of the Product that does not correspond to the intended purpose of the Product.

   5. The Customer must act as a good purchaser, which means that the Customer must properly and adequately maintain and treat the Product, in accordance with the maintenance recommendations set out in the Annex to these General Terms and Conditions and on the maintenance page on the Studio HENK website. This includes, but is not limited to, the recommendation by Studio HENK to always use coasters or placemats, to prevent the furniture from being exposed to scratching objects, heat or moisture. The customer must also ensure constant and appropriate humidity and temperature.

   6. The Customer is not entitled to a warranty if a defect in the Product arises from (i) circumstances beyond Studio Henk's control or (ii) incorrect use of the Product.

   7. This article also applies to (a part of) the product if it has been completely replaced as a result of a Service by Studio HENK.

 

10. Amendments

    1. The Customer can modify the Product within 24 hours of receiving the purchase confirmation, provided that the Customer has purchased the Product through the Website.

    2. A modification as referred to in Article 9.1 may only be refused by Studio Henk if this could have qualitative or quantitative consequences for the work, such as modifying a Product individually tailored based on individual choices.

    3. The Customer can change the scheduled delivery date of the Product via sales@studio-HENK.nl. If the Customer wishes to change the delivery date within 24 hours before the already scheduled delivery date, the Customer must pay cancellation costs amounting to €99,- (including VAT).

    4. Studio Henk's delivery partners handle distribution. The specified delivery address can be changed until the moment the delivery partner has scheduled the appointment.  

 

11. Liability Studio Henk

    1. Studio Henk is not liable for incorrect information on the Website and/or in the Store(s) or damage caused by the use of a Product.

    2. The total liability of Studio Henk due to an attributable failure in the performance of the Agreement or on any legal ground is limited to reimbursement of an amount equal to the amount paid under the relevant Agreement, to the extent that these Terms do not require Studio Henk to pay a lower amount.

    3. Studio Henk cannot invoke the provisions of Articles 10.1 and 10.2. in the case of intent or conscious recklessness.

    4. Damage as a direct or indirect result of incorrect, incomplete and/or defective information provided by or on behalf of the Customer to Studio Henk is not eligible for compensation.

    5. Any claim for damages against Studio Henk expires by the mere passage of twelve months after the claim arises, unless the Customer has initiated legal proceedings for compensation before the expiry of that period.

    6. The Customer indemnifies Studio Henk against all claims from third parties for compensation for any damage that is the result of or is related to the (execution of the) Agreement with/by Studio Henk.

 

12. Retention of title

    1. Studio Henk retains ownership of the Products delivered to the Customer. Ownership of the Product passes to the Customer only when the Customer has fully paid all amounts due to Studio.

 

13. Force majeur

    1. In the event of force majeure, Studio Henk has the right to suspend the execution of the Agreement, without Studio Henk being obliged to pay any compensation.

    2. In addition to the cases regulated by law, force majeure on the part of Studio Henk exists if Studio Henk cannot fulfill its obligations due to strikes, work stoppages, the failure of transporters or other service providers to Studio Henk,a pandemic or war in the country of production or procurement of materials, government measures, the consequences of such measures, illness and other facts and circumstances that are directly beyond the control of Studio Henk.

    3. In the event of force majeure, the Customer is not entitled to compensation.

    4. If a force majeure situation lasts longer than ninety days, each of the Parties has the right to terminate the Agreement in writing. Anything  already performed under the Agreement will be settled proportionately in that case without the Parties owing each other anything further.

 

14. Intellectual property

    1. Studio Henk reserves the intellectual property rights and powers granted to it under the then-current laws and regulations, including, but not limited to, the Copyright Act and the Benelux Convention on Intellectual Property.

    2. All intellectual property rights in data developed or made available under the Agreement, including but not limited to photos, images and other materials on the Website or in the Store(s), exclusively belong to Studio Henk. Without written consent, these may not be disclosed to third parties, made available for inspection, or reproduced.

 

15. Personal data and visual material

    1. In the context of the Agreement, Studio Henk processes personal data of the Customer within the meaning of the General Data Protection Regulation (“GDPR”). These personal data will be processed in accordance with Studio Henk's Privacy Statement, as well as applicable laws and regulations.

    2. Photos or visual material of Studio HENK furniture in the customer's home may be posted on social media channels. If Studio HENK requests permission to share these images and the customer responds with, at the very least, #henkathome, the customer grants permission for the image to be shared on Studio HENK's social media channels (including, but not limited to, Instagram, Facebook, Pinterest), the website, and the Studio HENK newsletter. The photo remains the property of the customer and will be used exclusively for marketing purposes. We will mention the customer's social media account alongside the photo. In case of objections to sharing, an email can be sent to social@studio-henk.nl, with a direct link to the photo.

 

16. Transferability of rights and obligations

    1. The Customer is not permitted to transfer rights or obligations arising from the Agreement, in whole or in part, to a third party without the prior written consent of Studio Henk.

    2. Studio Henk is, however, allowed to transfer rights or obligations under the Agreement to, or have them taken over by, a third party, without prior permission from the Customer.

 

17. Complaints procedure

    1. Studio Henk endeavors to execute the Agreement(s) as well as possible. If the Customer has a complaint about Studio Henk’s conduct, for example, concerning the executed payment or a return, they should use the complaints procedure outlined in this article.

    2. The complaint must be submitted in writing by the Customer to Studio Henk within 60 days of becoming aware of the facts and circumstances leading to the complaint. This can only be done via the contact form on the website. After the aforementioned period has expired, all Customer’s claim rights regarding (facts and circumstances leading to) the complaint expire. The complaint must contain as detailed a description as possible of the alleged shortcoming, so that Studio Henk can respond adequately.

    3. Studio Henk aims to settle the Customer's complaint as quickly as possible.

    4. If, in the opinion of Studio Henk, the complaint is justified, Studio Henk will still meet its obligations properly, unless it deems this reasonably impossible. In that case, it will attempt to reach an amicable settlement with the Customer.

    5. If the complaint cannot be resolved between the Parties, a dispute arises falling under the dispute resolution as outlined in Article 16 of these Terms.

    6. If the Customer is dissatisfied with the way in which the Product has been transported and/or the Delivery has taken place, the Customer can contact the respective carrier.

 

18. Other provisions

    1. Should any provision of the Terms, in the opinion of the judge, be deemed inapplicable or invalid, only the relevant provision shall be considered as unwritten; the remaining provisions of the Terms shall remain in full force. The parties will then consultat to replace the non-applicable or invalid provision with a new provision, taking into account the purpose and intent of the original provision as much as possible.

 

19. Governing Law and Dispute Resolution

    1. All legal relationships between Parties to which these Terms apply are governed by Dutch law, excluding Dutch international private law and the Vienna Sales Convention.

    2. To the extent permitted, all disputes related to a legal relationship between the Parties to which these Terms apply, including a dispute considered as such by only one of the Parties, shall be exclusively submitted to the competent court in Amsterdam. Within one month after Studio HENK has invoked this clause in writing, the Private Customer can choose to opt for a legally competent court.

 

These Terms come into effect on 12 January 2024.

ANNEX Conformity of the Products

 

This attachment constitutes an integral part of the General Terms and Conditions of Studio HENK, as determined as of January 2024.

 

The requirements that may be imposed on a Product in terms of conformity depend on the nature of the item and product-specific characteristics, as also described in this Annex. This Annex serves to inform the Customer about the expectations reagarding the use and characteristics of Studio HENK Products. Detailed information on maintaining Studio HENK furniture can be found on the maintenance page on the website www.studio-henk.nl. For proper use, the Customer should read and adhere to this information.

 

Wooden furniture

A-grade wood: small knots

We use A-grade European oak wood. When discussing 'wood quality', it refers to how the wood looks. A-grade, the highest quality, means that there are minimal knots in the wood. There may be small knots in the wood - it is, after all, a natural product. The wood used for our tables and other wooden furniture is mostly FSC or PEFC certified wood. The wood quality does not detract from the properties that wood naturally possesses.

Sensitivity to humidity, moisture, heat, temperature fluctuations

Wood naturally reacts to (air) humidity, heat (fluctuations) and light.

Cracks, splits and warping of wood occur due to the environment in which the Product is placed. Changes in humidity and cold/heat can lead to shrinking, expanding, warping, cracking or splitting; such changes should be prevented by the customer.

Exposure to moisture or heat can cause moisture to get under the finish, or the moisture already existing in the wood can accumulate under the finish, resulting in stains. Stains or rings may be the result of incorrect use.

No complete protection against scratches or wear

Scratches or traces of wear in the HPL or lacquer finish of wood are a normal consequence of the use of a piece of furniture, but these can often be prevented by using coasters and placemats. Scratches and wear cannot be prevented by and are therefore inherent to a paint finish.

Scratches or wear marks in hard wax oil finish of wood are a normal consequence of using furniture, but these can often be prevented by using coasters and placemats. Although hard wax oil provides some protection against these damages, scratches or wear cannot be prevented by and are therefore inherent to a hard wax oil finish.

Incorrect cleaning agents or contact with other corrosive substances can also damage the finish, resulting in stains forming beneath it. Stains or circles may be a consequence of improper use and, therefore, are not within the scope of Studio HENK’s influence.

Prevention: cleaning, humidity, temperature, coasters and placemats

Studio HENK recommends maintaining the indoor humidity constant, preferably around 55%. The ideal humidity for humans at home is also between 40 and 60%. Significant temperature fluctuations due to heating also have a negative impact on your wooden furniture. Additionally, we advise daily use of Osmo maintenance spray and always using coasters or placemats to prevent furniture and its finish from being exposed to scratching objects, heat or moisture. Cleaning the furniture can be done by dusting it or wiping it with a damp cloth, drying afterwards.

Outside the sphere of influence of Studio HENK - no non-conformity

Fluctuations in humidity or heat/cold and exposure to light, moisture, heat, humidity and heat changes can be prevented by the customer and are therefore beyond the influence of Studio HENK. Consequences thereof - such as scratches, traces of wear, tears, cracks, warps, circles or stains - do not lead to non-conformity of the Product.

 

Upholstered furniture

Pilling

Pilling is to be expected with normal use of the furniture, but can often be prevented and remedied. Pilling of upholstered products can be avoided by maintaining the products in accordance with the maintenance instructions that can be found on the Studio HENK website. Pilling is the accumulation of fibers, caused by household dust or contact with clothing, cushions or throws. Regular vacuuming of the furniture can prevent pilling. Unexpectedly formed pills can be removed with commercially available pill removers.

Creasing and foam regression

Seating furniture may initially be slightly firmer and tighter than it will ultimately be after a few months. Upholstered furniture is internally equipped with, sometimes different types of, springs and foam. Because the furniture must provide comfort and be suitable for tension on the fabrics when sat upon, the upholstery, especially with softer filling, is not maximally tensioned on the furniture. Tightening the fabric too much could also cause the fabric or a seam to tear, as can happen with a piece of clothing. Additionally, the fabric itself always has some stretch, as you may notice with clothing - even in sturdy jeans. Depending on the intensity of use, the fabric of the sofa or chair may, over time, show some stretching or folding, or it may seem as if the sofa is slightly 'sagging'.

The filling also experiences a regression in rigidity or stiffness, as air in the foam escapes through use. The foam often returns to its shape after use, although this may be somewhat slower over time and sometimes, ultimately, permanent with intensive use. The air present in the foam will escape after regular use, causing the furniture to show some regression compared to its state at purchase. The spring in the sofa is also important. Our sofas use high-quality springs that do not stretch as much as cheaper, elastic springs. This ensures longer durability, resulting in less ‘sinking’ into the sofa.

Therefore, through use, space will develop in the fabric, causing it to show some creasing. This is inherent to upholstered furniture and is therefore beyond the influence of Studio HENK. However, you can regularly smooth the furniture, for example when getting up or while vacuuming the sofa, and try to distribute the load evenly.

 

Discoloration

Discoloration is a normal occurrence with upholstered furniture. Fabrics may change colour due to exposure to daylight or sunlight and friction. The lightfastness (ranging from 1 (least good) to 8 (best)) of the fabrics we use can be consulted in our stores. Upholstery generally does not score higher than 7, and will therefore always experience some discoloration. The Customer should take care to avoid direct sunlight on the furniture to minimize discoloration as much as possible.

Stains

Stains on furniture fabrics can occur if liquids, oils or other substances are spilled on them. Consult our maintenance page on our website for advice on dealing with stains. An impregnating agent can provide some temporary protection against staining.

Prevention: vacuum, smooth and avoid sunlight

Studio HENK recommends regular vacuuming of the furniture to prevent pilling. Unexpectedly formed pills can be removed with commercially available pill removers. Studio HENK advises regularly smoothing the upholstered furniture and attempting to distribute weight evenly. We also recommend avoiding direct sunlight on the furniture to minimize discoloration as much as possible..

Outside the sphere of influence of Studio HENK - no non-conformity

Pilling, creasing, foam regression, discoloration and stains are to be expected with normal use of the furniture, and are therefore beyond the influence of Studio HENK and will not lead to non-conformity.