general terms and conditions

Table of Contents:

  • Article 1 – Definitions
  • Article 2 – Identity of Atelier Serenité
  • Article 3 – Applicability
  • Article 4 – The Offer
  • Article 5 – The Agreement
  • Article 6 – Right of Withdrawal
  • Article 7 – Consumer Obligations During the Reflection Period
  • Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs
  • Article 9 – Obligations of Atelier Serenité in Case of Withdrawal
  • Article 10 – Exclusion of the Right of Withdrawal
  • Article 11 – Price
  • Article 12 – Performance and Additional Guarantee
  • Article 13 – Delivery and Execution
  • Article 14 – Duration Transactions: Duration, Termination, and Renewal
  • Article 15 – Payment
  • Article 16 – Complaints Procedure
  • Article 17 – Disputes
  • Article 18 – Additional or Deviating Provisions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

  1. Additional Agreement: an agreement whereby the consumer acquires products, digital content, and/or services related to a distance contract, and these items, digital content, and/or services are provided by Atelier Serenité or by a third party based on an arrangement between that third party and Atelier Serenité.
  2. Reflection Period: the period during which the consumer can exercise their right of withdrawal.
  3. Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession.
  4. Day: calendar day.
  5. Digital Content: data produced and supplied in digital form.
  6. Ongoing Agreement: an agreement for the regular supply of goods, services, and/or digital content over a specified period.
  7. Durable Medium: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose of the information, and that allows the unaltered reproduction of the stored information.
  8. Right of Withdrawal: the consumer’s right to withdraw from a distance contract within the reflection period.
  9. Distance Contract: a contract concluded between Atelier Serenité and the consumer within an organized distance sales system for products, digital content, and/or services, using one or more means of distance communication up to and including the conclusion of the contract.
  10. Model Withdrawal Form: the European model withdrawal form included in Annex I of these terms and conditions.
  11. Atelier Serenité: the legal entity as further defined in Article 2, offering products, (access to) digital content, and/or services to consumers at a distance as set out in these terms and conditions.
  12. Means of Distance Communication: any means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same location.

Article 2 – Identity of Atelier Serenité

  • Business Name: Atelier Serenité
  • Registered Address: Middelburg, Netherlands
  • Email Address: info@atelier-serenite.com
  • Chamber of Commerce Number (KvK): 98195778
  • VAT Identification Number: not yet available

Article 3 – Applicability

  1. These general terms and conditions apply to every offer by Atelier Serenité and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before a 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, Atelier Serenité will indicate how the general terms and conditions can be consulted and that they will be sent to the consumer free of charge upon request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions can be made available electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge upon request.
  4. If specific product or service terms also apply, paragraphs 2 and 3 apply accordingly. In case of conflicting terms, the consumer may always rely on the provision most favorable to them.

Article 4 – The Offer

  1. Offers with a limited validity or subject to conditions will be explicitly indicated as such.
  2. Offers contain a complete and accurate description of the products, digital content, and/or services. If images are used, they provide a truthful representation. Obvious errors or mistakes do not bind Atelier Serenité.
  3. Each offer contains sufficient information to make clear the rights and obligations associated with accepting the offer.

Article 5 – The Agreement

  1. The agreement is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and meets the conditions stated therein.
  2. If the offer is accepted electronically, Atelier Serenité will promptly confirm receipt of the acceptance. Until this confirmation is received, the consumer can dissolve the agreement. After confirmation, the consumer may no longer dissolve the agreement, but may exercise the right of withdrawal (Article 6).
  3. When concluded electronically, Atelier Serenité implements appropriate technical and organizational measures to secure data transfer and ensure a safe web environment.
  4. Atelier Serenité may assess the consumer’s ability to meet payment obligations and may refuse or attach conditions to the order if reasonable grounds exist.
  5. Upon delivery, Atelier Serenité will provide information about: business address, withdrawal conditions, guarantees, price, payment, termination requirements, and the model withdrawal form.
  6. For ongoing agreements, paragraph 5 only applies to the first delivery.

Article 6 – Right of Withdrawal

  1. The consumer may cancel a contract for the purchase of a product within a reflection period of at least 14 (fourteen) days without giving any reason. Atelier Serenité may ask for the reason but cannot require the consumer to provide it.
  2. The reflection period starts the day after the consumer, or a third party designated by the consumer who is not the carrier, receives the product, or:
    1. If multiple products are ordered in the same order: the day the consumer, or designated third party, receives the last product. Atelier Serenité may refuse an order with different delivery times if the consumer was informed in advance.
    2. If delivery consists of multiple shipments or components: the day the last shipment or component is received.
    3. For agreements with regular delivery of products over a period: the day the first product is received.

For services and digital content not delivered on a tangible medium:

  1. The consumer may cancel the service agreement or the digital content agreement within at least 14 days without giving a reason.
  2. The reflection period starts the day after the agreement is concluded.

Extended Reflection Period (if information not provided):

  1. If Atelier Serenité fails to provide mandatory withdrawal information or the model withdrawal form, the period ends twelve months after the original reflection period expires.
  2. If the information is provided within twelve months, the reflection period expires 14 days after the consumer receives it.

Article 7 – Consumer Obligations During the Reflection Period

  1. During the reflection period, the consumer shall handle the product and packaging carefully and may only unpack or use it to the extent necessary to assess its nature, characteristics, and functioning, as they would in a physical store.
  2. The consumer is liable for any diminished value caused by handling beyond what is permitted.
  3. The consumer is not liable if Atelier Serenité failed to provide the legally required withdrawal information before or at the conclusion of the contract.

Article 8 – Exercise of the Right of Withdrawal and Costs

  1. To exercise the right of withdrawal, the consumer must notify Atelier Serenité within the reflection period using the model withdrawal form or another unambiguous method.
  2. The consumer must return the product within 14 days from the day following the notification, unless Atelier Serenité offers to collect it. Returning within the reflection period is sufficient.
  3. Products must be returned with all accessories, reasonably in original condition and packaging, following reasonable and clear instructions.
  4. Risk and proof of timely and proper exercise of withdrawal lie with the consumer.
  5. The consumer bears the direct costs of returning the product, unless Atelier Serenité indicates otherwise.
  6. No costs apply for digital content not on a tangible medium if the consumer did not consent to immediate delivery or did not acknowledge loss of withdrawal rights.
  7. Exercising the right of withdrawal automatically cancels any additional agreements.

Article 9 – Obligations of Atelier Serenité in Case of Withdrawal

  1. If withdrawal notification is electronic, Atelier Serenité will promptly confirm receipt.
  2. All payments, including delivery costs, will be reimbursed within 14 days from notification, unless Atelier Serenité collects the product.
  3. Reimbursement uses the same payment method unless the consumer agrees otherwise and is cost-free.
  4. Additional costs for a more expensive delivery method chosen by the consumer are not reimbursed.

Article 10 – Exclusion of the Right of Withdrawal
The following may be excluded if clearly stated before or at contract conclusion:

  1. Products/services with prices linked to financial market fluctuations beyond Atelier Serenité’s control.
  2. Agreements concluded at a public auction.
  3. Services fully performed with prior consumer consent and acknowledgment of loss of withdrawal rights.
  4. Accommodation services with specific dates, excluding residential, transport, car rental, and catering services.
  5. Leisure activities with specific dates.
  6. Customized products.
  7. Perishable products or products with limited shelf life.
  8. Sealed products unsuitable for return due to hygiene or health reasons, if unsealed.
  9. Products irrevocably mixed after delivery.
  10. Alcoholic beverages delivered after 30 days with fluctuating market value.
  11. Sealed audio/video recordings or software, if unsealed.
  12. Newspapers or magazines, excluding subscriptions.
  13. Digital content not on a tangible medium if execution started with consent and acknowledgment of loss of withdrawal rights.

Article 11 – Price

  1. Prices remain unchanged during the offer validity unless VAT changes.
  2. Variable pricing applies for products/services linked to financial market fluctuations, as stated in the offer.
  3. Price increases within 3 months of contract conclusion are allowed only if legally required.
  4. Price increases after 3 months are allowed if agreed and either legally required or the consumer can terminate the contract at the increase date.
  5. All prices include VAT.

Article 12 – Performance and Additional Guarantee

  1. Atelier Serenité guarantees that products/services meet the agreement, specifications, reasonable quality/use standards, and applicable legal regulations. If agreed, the product may be suitable for other than normal use.
  2. Any additional guarantee does not limit statutory rights or claims.
  3. Additional guarantees are commitments providing extra rights beyond legal obligations.

Article 13 – Delivery and Execution

  1. Orders are executed with the utmost care.
  2. Delivery address is as provided by the consumer.
  3. Orders are fulfilled promptly, within 30 days unless agreed otherwise. Delays allow the consumer to dissolve the agreement and claim damages.
  4. After dissolution, payment is promptly refunded.
  5. Risk of damage/loss remains with Atelier Serenité until delivery, unless agreed otherwise.

Article 14 – Duration Transactions: Duration, Termination, and Renewal
Termination:

  1. Consumers may terminate indefinite agreements for regular deliveries at any time with max one-month notice.
  2. Fixed-term agreements can be terminated at the end of the term with max one-month notice.
  3. Termination follows the same procedure, timing, and notice as agreed by Atelier Serenité.

Renewal:

  1. Fixed-term agreements may not be renewed automatically unless for a max of three months with termination rights.
  2. Indefinite extension allowed if the consumer can terminate at any time with max one-month notice.

Duration:

  1. For agreements over one year, the consumer may terminate after one year with max one-month notice unless fairness prevents early termination.

Article 15 – Payment

  1. Payments are due within 14 days after the reflection period or agreement conclusion.
  2. Advance payment may not exceed 50%.
  3. Consumers must report errors in payment details immediately.
  4. Late payment incurs statutory interest and maximum collection fees (15% up to €2,500; 10% next €2,500; 5% next €5,000; min €40). Atelier Serenité may reduce fees for the consumer.

Article 16 – Complaints Procedure

  1. Atelier Serenité has a published complaints procedure.
  2. Complaints must be submitted promptly and clearly.
  3. Complaints are answered within 14 days; longer cases will be acknowledged within this period with an estimated response time.

Article 17 – Disputes

  1. Dutch law applies.
  2. Disputes will be submitted to the competent court in the arrondissement where Atelier Serenité is located.

Article 18 – Additional or Deviating Provisions
Any additional or deviating provisions must not disadvantage the consumer and must be documented in writing or stored in an accessible, durable medium.