General Terms and Conditions

General terms and conditions

Last updated: 16-4-2026

 

Article 1 – Definitions
For the purposes of these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously in the same room.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Products: wall decoration printed on aluminum dibond in various formats.

 

Article 2 – Identity of the entrepreneur

Owners' names: Monique and Eddy Batenburg

Company name: Art Studio Moddy

Address: Hilvoordestraat 225, 2284 BR Rijswijk ZH

Phone number: (31) 06-23198606
Email: info@artstudiomoddy.shop

Chamber of Commerce number: 81576455

VAT identification number: NL003578686B70

 

Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer.
3. These general terms and conditions apply to every offer from Art Studio Moddy and to every agreement concluded via the website www.artstudiomoddy.shop between Art Studio Moddy and the consumer.
By placing an order, the consumer agrees to these general terms and conditions.

 

Article 4 – The offer
1. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

2. The products and prices listed on the website constitute an invitation to place an order.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Note. images used in mock-ups (sample rooms) are not always in the same formats as those offered by Art Studio Moddy. The consumer can rely on the formats offered in the shop.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This includes in particular:
*the price including taxes;
*how the agreement will be concluded and what actions are required for this;
*whether or not the right of withdrawal applies;
*the method of payment, delivery and execution of the agreement;
*the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
*whether the agreement will be archived after its conclusion, and if so, how the consumer can consult it;
*the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them in the context of the agreement;
*any other languages in which, in addition to Dutch, the agreement can be concluded;
*the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically.
6. An agreement is concluded as soon as payment for the order has been completed and Art Studio Moddy has sent a confirmation by email.
• Because all products are produced on demand by various printing companies, the end product may show small color or size differences compared to the image on the screen.

 

Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as of all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the postal address and email address of the entrepreneur's establishment where the consumer can lodge complaints;

b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information about guarantees and existing after-sales service;

d. the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement.

*Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

 

Article 6 - Privacy and data protection
* Art Studio Moddy processes personal data in accordance with the Privacy Policy available on the website.
* For the execution of orders, certain personal data (such as name, address, and email address) are shared with our production partner Gelato B.V., which acts as a processor.
* Art Studio Moddy uses cookies on its website. More information about this can be found in the cookie policy.

 

Article 7 – Right of withdrawal
1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after the product is received by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and the intellectual content with care. They will only use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, the consumer will return the product in its original packaging, with the return costs to be borne by the consumer.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must do this by email.
4. If the customer has not made known their wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

5. If a product is damaged, defective, or incorrectly delivered, Art Studio Moddy will send a replacement free of charge.
* In that case, the customer must send an email to info@artstudiomoddy.shop within 14 days of receipt, including:
o A clear photo of the damage or defect
o The order number
o A short description of the problem
* In most cases, the damaged product does not need to be returned.

 

Article 8 – Costs in case of withdrawal
All costs for return, such as package costs, any customs duties, and import duties, are for the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after receipt of the item in good condition.
Refunds will be made using the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.

 

Article 9 – Exclusion of the right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3.
The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:
a. created by the entrepreneur according to the consumer's specifications;

b. which are clearly personal in nature.

 

Article 10 – The Price
1. All prices are stated in euros and include VAT, unless otherwise indicated.
* Payment takes place via the payment methods offered by the webshop (Shopify).
* Art Studio Moddy reserves the right to change prices. The price applicable at the time of ordering is binding.
*All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

Article 11 – Conformity, Warranty and Durability

Legal Warranty (EU Consumer Rights):
1. Art Studio Moddy guarantees that delivered products comply with the agreement for a minimum period of 2 years from the delivery date (legal warranty according to EU law).
* This means that the product must correspond to the description, be of good quality, and be suitable for its intended use.
* For printed matter, this specifically means: correct colors as advertised, good print quality, no production errors, and reasonable color fastness under normal conditions.
* This legal warranty does NOT cover normal wear and tear or damage caused by consumer use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 weeks of delivery.
4. The warranty: however, the entrepreneur is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
* The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
* The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur;
* The warranty, or claim for a new free product, does not apply to any color difference between the screen (mobile, tablet, or PC/laptop) and the final printed product.
Due to light and screen, device, brand of your device, there may be a possible color difference between the product and the image from the webshop.
* Complaints about defects or non-conformity can be reported via info@artstudiomoddy.shop with a description and photos.
Art Studio Moddy will respond within 5 business days with an appropriate solution (replacement or refund).

 

Product durability information
In line with upcoming EU consumer information regulations:
* Product durability: Our wall decorations are printed on high-quality material suitable for long-term display with correct framing and maintenance.
* Products are produced on demand to minimize waste. Our production partner uses environmentally friendly inks where possible.
* Maintenance instructions: the prints are UV resistant, sturdy, scratch resistant, moisture resistant with normal use.
* POD Locally produced: Orders are fulfilled from the production location closest to your location to reduce transport emissions.

 

Article 12 – Delivery and execution
1. The production and shipping of orders are handled by our production partner Gelato (headquarters in Oslo, Norway).
* The average delivery time is 3–7 working days. In exceptional cases (such as postal service delays), this may take longer.
* If delivery proves impossible, for example due to incorrect address details, Art Studio Moddy has the right to cancel the order or resend it at the customer's expense.
2. The entrepreneur will observe the greatest possible care when receiving and executing product orders.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after placing the order.
* In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
* The consumer can also choose to receive a free replacement, unless the specified address was incorrect.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

 

 

Article 13 – Payment

All prices are stated in euros and include VAT, unless otherwise indicated.
 * Payment is made via the payment methods offered by the webshop (Shopify).
* Art Studio Moddy reserves the right to change prices. The price applicable at the time of ordering is binding.
2. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6, paragraph 1, commences. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
3. The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer.

Article 14 - Shipping, risk and import duties

Once an order has been shipped, the customer will receive a shipping confirmation with track & trace information.
* Damage or loss during transport is at the risk of Art Studio Moddy until the moment of delivery.
* Customers within the EU: no additional import duties or VAT costs are due.
* Customers outside the EU: any import duties, taxes or customs costs are the responsibility of the customer.

Article 15 - Liability

* The liability of Art Studio Moddy for defective products is governed by the applicable legal provisions regarding product liability and consumer protection.
* For other damages, liability is limited to the amount paid by the customer for the relevant order.
* Art Studio Moddy is not liable for indirect damages, such as consequential damages, lost profit, or missed savings.
* These limitations do not apply in cases of intent or gross negligence.

 

Article 16 - Force Majeure
Art Studio Moddy is not liable for delays or shortcomings resulting from circumstances beyond its control, such as stock shortages and/or disruptions at production partners, carriers, customs, or natural disasters.

 

Article 17 - Intellectual Property
* All designs, photos, and texts on the website are the property of Art Studio Moddy and may not be reproduced without written permission.
* By placing an order, the customer does not acquire any rights to these designs, other than for personal use.

 

Article 18 - Complaints Procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur, fully and clearly described, within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer should first turn to the entrepreneur. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.

 

Article 19 – Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

 

Article 20 – Additional or Deviating Provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

 

Article 21 Changes
Art Studio Moddy reserves the right to amend these general terms and conditions. The most recent version is always available on the website. By continuing to use the website, the customer accepts the amended terms and conditions.