Terms and Conditions
Company Details
Cairns Creative Studio
Danielle Bergman
Grasbouw 12
3991NN Houten
E-mail: info@cairnscreativestudio.nl
Chamber of Commerce number: 42041471
VAT number: NL005451376B95
The consumer may contact Cairns Creative Studio via the contact form on the website before concluding the agreement.
Applicability
These terms and conditions apply to all offers, orders and agreements concluded via the Cairns Creative Studio webshop.
Offer and Products
All products are handmade.
Images and colors may differ due to screen settings.
Variations in colour, pattern, texture, shape and finish are inherent to the handcrafted production process. These natural differences make each product unique and are not considered defects, provided they are consistent with the product description and its handmade character.
Obvious errors or mistakes in the offer, such as incorrect prices or product information, are not binding on Cairns Creative Studio.
Formation of the Agreement
The agreement is concluded at the moment the consumer places an order and the payment has been successfully completed.
Cairns Creative Studio reserves the right to refuse orders for justified reasons, such as fraud or incorrect information.
Prices and Payment
All prices include VAT and exclude shipping costs, unless stated otherwise.
Payment is made immediately via the available payment methods.
Delivery and Risk
Orders are shipped within the timeframe stated on the website.
Delivery takes place at the address provided by the consumer.
The risk of damage or loss of products transfers to the consumer at the moment the consumer, or a third party designated by the consumer (not the carrier), has physically received the product.
Right of Withdrawal (EU Consumer Law)
The consumer has the right to withdraw from the agreement within 14 days of receiving the product, without giving any reason.
Following withdrawal, the consumer has a further 14 days to return the product.
The consumer may unpack and inspect the product as they would be able to do in a physical store. The consumer is responsible for any reduction in value resulting from handling or use beyond what is necessary to establish the nature, characteristics and functioning of the product.
Where reasonably possible, the product should be returned in its original packaging
The direct costs of returning the product are borne by the consumer.
Cairns Creative Studio will refund the purchase price, including any standard delivery costs, within 14 days of receiving the withdrawal notification. For returned products, Cairns Creative Studio may withhold the refund until the product has been received or the consumer has provided proof of return, whichever occurs first.
The consumer may withdraw from the contract using the online withdrawal form on the Cairns Creative Studio website, the statutory model withdrawal form, or any other unequivocal statement expressing their decision to withdraw from the contract.
Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to:
The right of withdrawal does not apply to products that are specially made according to the consumer’s individual wishes or specifications and are not prefabricated.
This applies, for example, to products made upon request with a personalised text, a specific design or a unique finish based on the consumer’s preferences.
This exception does not apply to standard products available in the webshop, even if they are handmade or unique.
Damage and Complaints
If a product is damaged or an incorrect product has been delivered, Cairns Creative Studio kindly requests that the consumer report this preferably within 3 days of receipt, including clear photographs where possible.
This timeframe is intended to help resolve any issues quickly and carefully and does not affect the consumer’s statutory rights.
Cairns Creative Studio will assess the complaint and work with the consumer to find an appropriate solution.
Complaints regarding other defects must be reported within a reasonable time after discovery.
Liability
Cairns Creative Studio is liable for damage that can be demonstrably attributed to a failure to fulfil an obligation for which Cairns Creative Studio is responsible.
Cairns Creative Studio is not liable for damage resulting from improper use, careless handling or failure to follow usage and safety instructions, insofar as the damage was caused by such actions.
Cairns Creative Studio is not liable for damage for which it is not legally responsible.
Safety and Use
Products must be used according to normal and intended use
For candles:
- Never leave burning candles unattended
- Place on a heat-resistant surface
- Keep out of reach of children and pets
The consumer is responsible for the proper and safe use of the products and must follow any applicable usage and safety instructions.
Force Majeure (Circumstances Beyond Control)
Force majeure refers to any circumstance beyond the reasonable control of Cairns Creative Studio that makes it unreasonable to expect the fulfilment of its obligations, such as major disruptions, illness, government measures or exceptional disruptions affecting delivery services.
In the event of force majeure, Cairns Creative Studio has the right to temporarily suspend the performance of the agreement. If fulfilment becomes permanently impossible, the agreement may be terminated. The consumer’s statutory rights remain unaffected
Warranty and Conformity
Cairns Creative Studio guarantees that the products comply with the agreement, reasonable expectations and applicable legal requirements.
This means the product must perform as the consumer may reasonably expect.
This choice of law does not affect any mandatory consumer protection rights applicable to the consumer under international law.
Disputes
Cairns Creative Studio aims to resolve any complaints and disputes amicably through consultation with the consumer.
If the parties are unable to reach a resolution, the dispute may be submitted to the court with jurisdiction