TERMS & CONDITIONS
In these General Terms & Conditions the definitions will have the following meaning:
Client: the purchaser/party entering into an Agreement with Studio Pepe Heykoop, either a
Professional Purchaser or a Consumer.
Studio Pepe Heykoop: residing at Stoombootweg 42, 1035TW Amsterdam , the Netherlands,
Chamber ofCommerce number 67503705, VAT number NL001978294B68, which declares these
General Terms & Conditions to be applicable to the Agreement. Hereinafter: “SPH”.
Agreement: the agreement between the Client and SPH with regard to the sale and
delivery of products via the SHP webshop.
SPH webshop: the online shop through which SPH offers products for sale.
General Terms & Conditions: the terms of sale and delivery as formulated by SPH.
Consumer: the natural person which is not acting as a professional and/or for a company.
Professional Purchaser: the natural person which is acting as professional and/or for a
company or the legal entity entering into an Agreement with SHP.
Website: the website through which the SPH webshop is available.
Consumer Purchase: the purchase Agreement between SPHand a Consumer.
II. Applicability and amendments
1. These General Terms & Conditions exclusively apply to any and all offers, Agreements, sale
and deliveries of products by SPH through the SPH webshop. SPH explicitly rejects the
applicability of any other (general) terms. The Client explicitly acknowledges and accepts that
any other terms or conditions are not applicable.
2. SPH retains the right to amend the General Terms & Conditions unilaterally. Any
amendments to the General Terms & Conditions will be published on the Website.
3. With regard to the sale, purchase, delivery of special products, such as, but not limited to
products of which the price is provided upon request, limited editions and products of which
the purchase order/Agreement is not completed through the Webshop, SPH is entitled to
apply additional or other terms and conditions.
4. Deviation from or amendments to the General Terms & Conditions are only valid if recorded
in writing and if realized with the explicit agreement of SPH.
III. Offers and agreements
1. All offers made by SPH are noncommittal except in case of a Consumer Purchase, and are
subject to change, availability and the mentioned term of validity.
2. Unless SPH has explicitly accepted another manner of closing the Agreement, Agreements
are closed if Client has received a written (including e-mail) confirmation of his purchase bySPH.
SPH may refuse orders or attach certain conditions to the delivery, unless otherwise explicitly determined.
3. Acceptance of an offer or the purchase of a product implies that the Client accepts the
applicability of these General Terms & Conditions.
4. The Client carries full responsibility for providing SPH with the correct details in order to
enter into the Agreement.
5. SPH is entitled to assign third parties to execute the Agreement. These General Terms &
Conditions also apply to the relation with these third parties.
IV. Prices and payment
1. The prices published on the website for the products offered via/in the SPH webshop to
Clients residing in the EU are in Euros, include VAT and include costs of handling and
dispatch, applicable taxes or other duties, unless otherwise notified or agreed by SPH.
2. The prices published on the website for the products offered via/in the PSH webshop to
Clients residing outside the EU are in Euros, and include costs of handling and dispatch,
applicable taxes or other duties, unless otherwise notified or agreed by SPH.
3. Despite our efforts, a product of the SPH webshop can be mispriced. Rest assured, however,
that we verify prices as part of our dispatch procedures. If a product's correct price is lower
than our stated price, we charge the lower amount and send you the product. If a product's
correct price is higher than our stated price, we will, at our discretion, either contact you for
instructions before dispatch or cancel your order and notify you of such cancellation.
4. SPH is entitled to adjust the purchase price after confirmation of a purchase order/closure
of an Agreement if the prices for resources, wages, import duties, taxes or other external
costs (which may be caused by currency deviations) have risen. SPH will inform the Client as
soon as possible of such adjustment, after which the Client is entitled to terminate the
Agreement/cancel the purchase order, unless SPH and Client have agreed that delivery of
the products will take place more then 3 (three) months after confirmation of the purchase
order or if the price adjustment is compulsory by law.
5. Payment shall take place in (one of) the manner(s) indicated during the ordering process.
Your order may be governed by further (payment/ordering) conditions. The date of payment
is the date that payment has been received by SPH on its bank account. The term of delivery
starts after payment of the purchase order/ products has been received by SPH, unless
Parties have agreed otherwise.
6. Upon exceeding the term of payment, the Client is in default as of the day on which full
payment should have taken place and shall be bound to pay the applicable statutory interest
for Consumers or for Companies. All costs made by SPHfor debt collection caused by late,
incomplete or non-payment, including but not limited to extrajudicial and judicial costs, costs
for bailiffs, debt collection agencies, legal proceedings, councils and lawyers will be charged
to Client. The extrajudicial costs of debt collection shall amount up to 10% of the purchase
order with a minimum of €150,00 excluding VAT without prejudice to SPH's right to
alternatively claim the actual extrajudicial costs of debt collection.
7. Should the Client be in default of any payment, SPH is entitled to cancel (realisation of) the
Agreement in question and any connected agreements, or to have them rescinded.
1. The term for delivery given by SPH is provided as an indication only and shall never
constitute a fixed or fatal deadline. Should a term for delivery be exceeded, this shall not give
the purchaser the right to claim compensation. Unless it concerns a Consumer Purchase,
SPH shall have to be notified in writing by Client for late delivery and shall have to be
granted a reasonable term for delivery before being in default.
2. Should delivery be delayed either because a product is (temporarily) out of stock, or for
other reasons, or should it not be possible to execute all or part of an order/Agreement, the
Client shall be notified of this no later than three weeks after payment of the purchase. The
purchaser shall in such a case have the right to cancel the order without incurring costs.
3. SPH determines the method of transport of the goods ordered via the SPH webshop,
unless otherwise agreed.
4. The risk of and the responsibility for the products transfer to the Client at the moment of
delivery. Delivery to the Client takes place at the moment that the products leave SPH
premises or storage. Products are considered to be delivered to a Consumer at the moment
the products are delivered at the address provided by the Consumer or in absence of
Consumer at the post-office, at Consumers neighbours or (with Consumers consent) another
5. If a delivery is rejected by a Client the costs arising from this rejection can be charged to
Client as well as the damages suffered by SPH.
VI. Cancellation of the purchase agreement
1. Purchase orders can only be altered or cancelled with SPH’s consent. If SPH has already
made expenses or has to make expenses caused by alteration of cancellation of the purchase
order, SPH is entitled to payment of these costs by the Client except in case of purchases as
mentioned in article VI.2 and VI.3.
2. In case of a distance sale Consumers are entitled to cancel the purchase agreement without a
given reason within 14 working days after receipt of the products. When returning products,
shipping costs are on the expenses of Consumer.
3. Consumers can only use the right to cancel the purchase agreement in case products are
returned in complete, undamaged, unused state and with the original packaging. The
returned products need to be in possession of SPH no later than on the 21st day after
receipt of the product by Consumer. The product to be returned needs to be stamped
sufficiently. The shipping risk and proof rest with the Client. In case of cancellation of a
distance sale by a Consumer as stated in VI.2 and VI.3, SPH will take care of repayment of
the purchase price as paid by Consumer within thirty days after receipt of the returned
4. Article VI.2 and VI.3 are not applicable to the distance sale to Consumers regarding:
a. products of which the price is dependent on changes on the financial market which
cannot be influenced by SPH;
b. products which are produced according to the specifications of the Consumer or;
c. products that clearly have a personal character;
d. can not be returned because of the nature of the product.
5. Delivered products can only be returned after prior written consent of SPH and according to
the instructions given by SPH with regard to the manner of returning the products.
VII. Retention of title
1. All products supplied remain the property of SPH until the Client has complied fully with all
obligations towards SPH.
2. The Professional Purchaser shall only sell the products of which the property remains with
SPH, to third parties in the course of the usual business of this purchaser.
3. If the Professional Purchaser is in breach of one of his obligations arising from the Agreement
with SPH, or if SPH has reasonable doubt to believe that this purchaser will not fulfill its
obligations, SPH is entitled to recall delivered products from this purchaser or from third
parties which have the product(s) in possession for the purchaser. The purchaser shall
cooperate with SPH to recall the products in such case.
VIII. Defective products and complaints
1. SPH warrants that under normal use and in accordance with the user – or installation
instructions and taking into account the product specification the goods shall at the time of
the delivery to Client and for a period of 12 (twelve) months from the date of delivery, be
free from defects in material or workmanship and shall be conform to the product
2. SPH products comply with the demands and functionalities that can reasonably be set for
such products if used in the regular manner and for the purposes intended for. Certain
products may be subject to minor deviations in shape and color, this depends on the material
from which the products are manufactured. SPH is considered to have met the obligation of
delivery in case of such minor deviations. All information and pictures with regard to the
colours, materials, sizes and details of the Products are to be considered as an indication of
the product. Minor deviations of these aspects can not be a cause for return of the product,
dissolution of the Agreement, price reductions or compensation of damages or costs.
3. Upon delivery, the Client is obliged to check whether the Products comply with the
Agreement. Should this not be the case, the Client shall notify SPH in writing including
motivation immediately in case of deviations in the outer appearance of the product, or
within 10 days of delivery in any other case. In case of a Consumer Purchase, Consumer shall
notify SPH of any defect within a period of 2 weeks after delivery.
4. In case the product is to be used outside the Netherlands the Client needs to verify whether
the product complies with the applicable demands and/or rules and regulations.
5. A complaint cannot be accepted if the product has been used contrary to the instructions for
use, the product has been used without care or has been used for a purpose other than that
for which it was designed and intended.
6. If SPH considers a complaint with regard to the quality requirements and quality standards
of the product supplied to be justified, SPH may choose to either accept return of the
product or to replace it by a same product, or to rescind the Agreement and credit the Client
for the invoice value of the product.
7. If as a result of a justified complaint, SPH has replaced the defective product, SPH is
considered to have delivered timely, even if a statutory period set by the Client has been
1. SPH is not liable for damages caused by:
a. inexpert use of the delivered product or usage for other purposes then the purposes
for which the product is intended according to objective standards;
b. the provision of incorrect or incomplete information by the Client to SPH;
c. acts of third parties assigned by SPH with consent of the Client;
d. materials or services delivered by third parties upon request or with consent of the
e. misunderstandings, mutilation, delays or incomplete or abnormal receipt of orders
and messages as a consequence of use of the internet or any other means of
2. SPH shall only compensate Client for damages caused as a direct consequence of an
attributable act or an attributable failure to act of SPH. SPH is not liable for indirect
damages and costs, for example but not limited to lost profits, consequential damages,
damages caused by delayed delivery, mutilated or destructed data or materials or lost
turnover. In case of a Consumer Purchase this restriction is only applicable as far as allowed
according to art. 7:24 sub 2 Dutch Civil Code (product liability).
3. SPH's total liability is limited to compensation of the amount that the insurance company
pays out to SPH. If the insurance company does not pay out any amount to SPH and SPH
is liable for compensation of damages according to this article IX, SPH’s total liability is
limited to compensation of the amount of the invoice with regard to the relevant product
delivery/purchase, which can, according to article II.3, be maximised by SPH to a specific
amount with regard to products of which the purchase price is provided to Client upon
request, limited editions or with regard to purchase orders/Agreements which are not
completed through the Webshop.
4. The Client shall indemnify SPH from the consequences of any claims by third parties arising
from the execution of the Agreement and which are caused by acts attributable to the Client.
5. The restrictions with regard to the liability in articles IX.1 – IX.4 are not applicable in case of:
a. damages caused by willful misconduct or gross negligence by SPH or its employees;
b. product liability as mentioned in Chapter 6 Title 3, paragraph 3 Dutch Civil Act.
1. Personal Client information, obtained by SPH as a consequence of a purchase, will only be
saved and /or processed in order to fulfill its obligations arising from the Agreement, for
purposes of marketing by SPH and maintenance of a client relation with Client. In
processing the personal Client information SPH shall comply to the applicable rules and
regulations, in particular the Personal Data Protection Act. The registration of personal Client
information will be applied at the Dutch Data Protection Authority.
2. Client is at any time entitled to inspect its personal Client information. A request to inspect
this information should be sent to SPH at the following e-mail address: email@example.com
XI. Force Majeur
1. Force Majeur is taken to mean any shortcoming which may not be attributed to SPH
according to law, jurisprudence or generally accepted situations or circumstances. Force
Majeur is also taken to mean import or export prohibitions by or because of a government,
lack of or non-timely delivery by suppliers of SPH, strikes or extremely high absenteeism
through illness by SPH employees or suppliers.
2. In the event of a Force Majeur situation, SPH has the choice of either cancelling (further)
execution of the Client's order or rescinding the order without legal intervention, by
informing Client of this in writing and without being held to any form of liability for damages
or costs. The Client shall be obliged to pay for (part of) the product(s) that have been
delivered by SPH.
XII. Intellectual property rights
1. The Client acknowledges that SPH is the rightful owner and/or licensee with regard to the
relevant intellectual property rights concerning the (pictures of the) SPH products,
packaging, the website, texts, trademarks, trade names and logo’s, information, SPH
concepts and databases and shall entirely and unconditionally respect these rights. The
Client is prohibited to reproduce and/or make available to the public any of the protected
items without the prior written consent of SPH.
2. The Client is not allowed to transfer the Agreement or any rights arising from the Agreement
with SPH to third parties.
XIII. Applicable law and competent court
1. All rights, obligations, offers, orders and Agreements to which these terms apply, as well as
these General Terms & Conditions themselves, are governed by Dutch law only.
2. Any disputes between parties will be submitted to the jurisdiction of the competent Courts in