General terms and conditions

Festina Lente Studio is registered at the Chamber of Commerce in Breda under number 20148080.
VAT number NL139481151B.02

Article 1. Terms
In these General Terms and Conditions the following definitions apply:

1.1. Buyer
Any natural person or legal entity who contacts Festina Lente Studio about performing an agreement.

1.2. Agreement
Any agreement that is effected between Festina Lente Studio and the Buyer, every amendment or supplement to it as well as all legal acts in preparation and implementation of that agreement. No agreement can be created without your consent to these Terms and Conditions.

1.3. Order
Any order placed by the Buyer with Festina Lente Studio. Orders may be placed through the
web shop
1.4. Products/articles
All products on offer on the website of Festina Lente Studio.
1.5 Services
The services to be provided by Festina Lente Studio including service and delivery whether or
not related to products.
Article 2. General
By placing an order, the Buyer consents to these General Terms and Conditions.
Festina Lente Studio is entitled to change these General Terms and their content without any
notification other than stating the most recent modification date at the beginning of the
Festina Lente Studio ensures that the order is processed once payment has been received.
The ordered products are delivered to the Buyer, with the transport costs at the Buyer’s
expense and the shipping at Festina Lente Studio’s risk.
Festina Lente Studio is authorised to use third parties when carrying out an order.
Festina Lente Studio is entitled to refuse the Buyer access to Festina Lente Studio’s system
without giving reasons.
Festina Lente Studio cannot guarantee that the content of the website is always free of
ambiguous information or typographical errors. Nor can we guarantee that the information is
always up to date. Festina Lente Studio can modify the content of the website at any time.
The colours on your screen may differ from the original product. This depends on your
computer’s settings, among other things. We make every effort to show the correct colours in
our web shop.
Article 3. Offers/agreements
All of Festina Lente Studio’s offers are free of any obligation and Festina Lente Studio
expressly reserves the right to adjust its prices, in particular when required by law.
An agreement is only effected after the Buyer has provided all the information requested by
Festina Lente Studio, Festina Lente Studio has confirmed the order to the email address
provided by the Buyer and payment has been made.
The Buyer must report any errors in the order confirmation to Festina Lente Studio directly
after receipt.
Festina Lente Studio is entitled to refuse orders or to set special terms to the delivery, unless
expressly determined otherwise. If Festina Lente Studio refuses an order, it will notify the
Buyer within ten working days of receiving the order.
Article 4. Pricing and payment
The prices stated for the products and services on offer are in euros and include Dutch
turnover tax (VAT; BTW) and exclude shipping costs. Festina Lente Studio’s order
confirmation or invoice clearly shows the price owed by the Buyer, including VAT and
additional shipping costs.
All prices on this website are subject to printing and typographical errors. Festina Lente Studio
does not accept liability for the consequences of any printing and typographical errors.
Online orders are paid using IDEAL.
Festina Lente Studio reserves the right not to offer the foregoing payment method for any
specified or unspecified period.
The Buyer is entitled to cancel an order or to terminate the agreement for breach (ontbinden)
in accordance with the statutory provision relating to distance selling. In that case any
payments will be refunded to the Buyer as soon as possible (within a maximum of 30 days)
after notification.
Article 5. Delivery/delivery period/shipment
The delivery period given by Festina Lente Studio is only indicative. Where the delivery period
is exceeded, the Buyer is not entitled to compensation. If the delivery period is exceeded, the
Buyer will be informed of the expected delivery period by email or phone. The Buyer is entitled
to cancel the agreement free of charge in accordance with conditions prescribed by law.
As soon as Festina Lente Studio has received payment, it will start processing the order.
Festina Lente Studio ships its products by PostNL. Festina Lente Studio ships its products
across the world.
All products are delivered to the doorstep at an address provided by the Buyer. The procedure
after a first delivery attempt differs per location and shipper. A second delivery attempt might
follow or the recipient might have to collect the order from a pick-up point.
If a package is returned, for example because of a wrong address or because it was not
collected from a pick-up point within the applicable term, the order will be treated as a regular
return consignment. The purchase amount minus the return costs will be repaid to the Buyer,
with Festina Lente Studio being entitled to charge the costs actually incurred.
Customers outside the EU should take into account that import duties must be paid. These are
borne by the customer.
If the customer refuses the order, any costs incurred are borne by the customer.
The customer is entitled to cancel the order within 14 days and to have the purchase costs
refunded. Please see the ‘Delivery and returns’ section on our website for our terms and work
Article 6. Delivery and risk
Festina Lente Studio is in no way liable for any misunderstanding, damage, delay or unclearly
communicated orders and statements as a result of the internet or any other means of
communication in the exchange between Festina Lente Studio and the Buyer.
The colours of the products shown on the web shop may differ from the colours of the actual
product. The colours of your screen can deviate from the original product. This depends on
your computer settings among other things.
Article 7. Shipping costs
Festina Lente Studio publishes a list of current rates on the delivery and returns page.
Article 8. Deliveries and guarantees
8.1. Guarantee
Festina Lente Studio guarantees that each article it delivers meets the general requirements
of quality and usability. Festina Lente Studio gives an one-year guarantee on each article.
There is no guarantee if the wear and tear is considered normal and furthermore in the
following cases:
– If changes have been made in or to the product, including repairs carried out without the
consent of Festina Lente Studio.
– If damage occurred by deliberate intent, gross negligence or overdue maintenance.
8.2 Exchange/returns
If the Buyer is of the opinion that the product does not meet the agreement or expectation,
the Buyer can opt to return or replace the product. The Buyer must return the unused
product in the original packaging within 14 calendar days of receipt and announce the return
shipment through stating the order number with the description
The Buyer must return the goods himself and bears the shipping costs for a return. Festina
Lente Studio is entitled to refuse return shipments with insufficient postage.
If the Buyer only returns part of an order, the Buyer will receive a refund of the purchase price
of that article only.
As soon as Festina Lente Studio has received the return shipment in good order, the purchase
price will repaid to the Buyer within ten calendar days of receipt.
If the Buyer wishes to exchange an article for another article, the Buyer must place a new
order and will receive a new invoice. Any outstanding credit will be repaid to the Buyer.
8.3. Defective/incomplete shipments
The risk of loss or damage of goods that are object of the agreement transfers to the Buyer
at the moment at which the goods are offered to and received at the address provided. Any
defect established by the Buyer directly following receipt of the goods must be reported to
Festina Lente Studio. If there are any defects, Festina Lente Studio will bear the costs for the
return shipment.
Article 9. Retention of title
The ownership of the delivered goods only passes to the buyer if the Buyer has met all that is
due to Festina Lente Studio based on any agreement. The risk relating to the products
transfers to the Buyer at the time of delivery.
Article 10. Force majeure
Notwithstanding the other rights to which Festina Lente Studio is entitled, Festina Lente
Studio is, in the case of circumstances beyond its control, entitled at its own discretion to
suspend carrying out an order or to terminate the agreement for breach without court
intervention, by informing the Buyer in writing and without Festina Lente Studio being obliged
to pay compensation, unless this would be unacceptable in the given circumstances according
to the standards of reasonableness and fairness.
Circumstances beyond one’s control means any failure to meet the obligation that cannot be
imputed to Festina Lente Studio because this failure is not its fault and cannot be attributed
to it by law, legal act or according to generally accepted standards. Circumstances beyond
Festina Lente Studio’s control means any situation independent of Festina Lente Studio’s will
that wholly or in part hinders the performance of its obligation towards the Buyer. These
circumstances include strike, fire, business disruption, power failure, network or connection
outages for telecommunication or otherwise, and/or the internet website being unavailable at
any time, failure to deliver or late deliveries by suppliers or other contracted third parties and
the lack of any permit to be obtained by the authorities.
Article 11. Privacy
Festina Lente Studio respects the privacy of the visitors to its website and is the sole owner
of the information obtained through this website, unless indicated otherwise. Festina Lente
Studio does not sell, share or lease this information to third parties in any way other than
stated in this privacy statement.
Visitors to Festina Lente Studio’s website volunteer the information from which their identity
may be traced. This information may be used within Festina Lente Studio with the aim of
making visits to its websites as simple and pleasant as possible. In addition, this information
will be used for analytical purposes and to provide information about Festina Lente Studio’s
product portfolio. The Buyer expressly consents to this. Festina Lente Studio is entitled to
disclose information about a visitor in special circumstances, when there is reason to assume
this is necessary to identify, contact or bring proceedings against someone who, intentionally
or otherwise, harms or damages the rights or property of Festina Lente Studio, other users of
its website or others who could suffer damage from this. Festina Lente Studio is entitled to
disclose information about visitors when it believes in good faith that this is required by law.
Festina Lente Studio collects non-personal information about its online visitors to establish the
total number of visitors to the website and the internet browsers and operating systems used.
If requested to do so by the Buyer, Festina Lente Studio will delete any personal information
provided when the order was placed, after the order in question has been completed.
Article 12. Miscellaneous
If the Buyer provides an address in writing to Festina Lente Studio, Festina Lente Studio is
entitled to send all orders to that address unless the Buyer notifies Festina Lente Studio in
writing of another address to which the orders must be sent.
If Festina Lente Studio allows deviations from these General Terms, for a short or longer
period, implicitly or otherwise, this does not prejudice its right to demand direct and strict
compliance with these Terms. The Buyer can never assert any right based on the fact that
Festina Lente Studio applies these General Terms leniently.
If one or more of the provisions of these General Terms or any other agreement with Festina
Lente Studio conflict with any applicable legal regulation, the provision in question will cease
to apply and will be replaced with a new similar legally permissible provision to be determined
by Festina Lente Studio.
This website including content, photographs and design is the intellectual property of Festina
Lente Studio. Nothing may be copied or used without Festina Lente Studio’s consent.
Article 13. Applicable law and competent court
All rights, obligation, offers, orders and agreements to which these General Terms apply as
well as these General Terms themselves are governed exclusively by Dutch law.
Any disputes arising between the parties will be brought exclusively before the competent
Article 14 Complaints procedure
Any complaints about the performance of the agreement must be submitted with a clear and
full description to Festina Lente Studio within a reasonable period after the Buyer established
the defects.
Festina Lente Studio responds to any complaint lodged within 14 days of receipt. If a
complaint calls for a longer processing time, the Buyer will receive a confirmation within the
same 14 day period with an indication when the Buyer can expect a more detailed reply.
The Buyer must allow Festina Lente Studio at least 4 weeks to resolve the complaint mutually,
failing which a dispute arises that is open to a dispute settlement.
Article 15 Dispute settlement rules
Any disputes between the Buyer and Festina Lente Studio about the formation or
performance of the agreement, may be submitted to the Disputes Committee by both Buyer
and Festina Lente Studio, observing the provisions below.
A dispute will only be handled by the Disputes Committee if the Buyer has first put his
complaint to Festina Lente Studio promptly. If the complaint is not resolved, the dispute must
be submitted – in writing or other form to be determined by the committee – to the Disputes
Committee within 12 months of the date on which the Buyer first submitted the complaint to
Festina Lente Studio.
When the Buyer wishes to put a dispute to the Disputes Committee, Festina Lente Studio is
bound to this decision. The Buyer will preferably notify Festina Lente Studio of this in advance.
The Buyer can submit the dispute to the official Disputes Committee of the European
Commission through the ODR (Online Dispute Resolution) platform:
If Festina Lente Studio wishes to submit a dispute to the Disputes Committee, the Buyer will
receive a written request to that effect. The Buyer must inform Festina Lente Studio in writing
within five weeks of receiving the request whether or not the Buyer wishes to have the
dispute handled by Disputes Committee. Should Festina Lente Studio not learn the Buyer’s
choice within the five-week period, Festina Lente Studio is entitled to bring the dispute before
the Disputes Committee.
The Disputes Committee delivers its decision under the conditions as set down in the
regulations of the committee. The Disputes Committee will resolve disputes by way of a
binding decision.
The Disputes Committee will not handle or will stop handling a dispute if Festina Lente Studio
has been granted a moratorium, has been ordered to be liquidated or has stopped its business
operations before a dispute has been handled by the committee at the hearing and a final
award has been delivered.