Terms and conditions

Section 1 – Definitions

  • “the company” – The company – Fencil Studio -, which owns and operates this website. Throughout the site, the terms “we”, “us” and “our” refer to Fencil Studio.
  • “website” – The website – fencilstudio.com – and all of its subdomains.
  • “services” – The products and services provided by the website.
  • “terms of service” – The general terms, conditions and notices of Fencil Studio written in this document. Access to and use of the website and the services available through this website are subject to these terms, conditions and notices.
  • “linked sites” – Websites for which links exist on fencilstudio.com, which are not operated by Fencil Studio.
  • “webshop” – The services related to browsing and purchasing products on the website.
  • “consumer” – The user of the webshop, who enters into an agreement with the company on purchase of a product.

Section 2 – Overview

Fencil Studio owns and operates this website (fencilstudio.com). This document contains the general terms, conditions and notices (terms of service), which governs your relationship with Fencil Studio. By using the website and/or its services you are agreeing to all of the terms of service. These terms of service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. We might update the terms of service occasionally, so we advice you to check this page regularly for updated versions.

Any breach or violation of any of the terms of service can result in an immediate termination of your services.

Situations that are not governed in these terms of service, should be considered in a similar manner as all other terms in these terms of service

Section 3 – The company

Fencil Studio
Willame Naghelstraat 23
2215 PP VOORHOUT
The Netherlands
Phone number: +31 6 29486497
Email address: info@fencilstudio.com
Chamber of Commerce number: 81877196
VAT identification number: NL003613858B33

Section 4 – General conditions

Access to this website is provided on a temporary basis. We reserve the right to withdraw or update its services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this website. We reserve the right to refuse service to anyone for any reason at any time.

This website may contain links to other websites (the linked sites), which are not operated by Fencil Studio. Fencil Studio has no control over the linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site.

The webshop is only for use by those who have reached the age of majority.

You must not misuse this website. You may not: attempt to hack into the website; transmit viruses or worms or any other ‘destructive’ code; attempt to affect the performance of the website in any way; cause annoyances to any other user; or send unsolicited advertising or promotional material.

We will not be liable for any loss or damage caused by technologically harmful material, like viruses or worms that may infect your computer, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

You may not use this website, its services or any of our products for any illegal or unauthorized purpose. If usage of the services in any way violate laws in your jurisdiction (including but not limited to copyright laws), you may not use them.

The intellectual property rights in all software and content (including photographic images) made available to you on or through this website remains the property of fencilstudio.com or its licensors and are protected by copyright laws and treaties around the world. You may store, print and display the content supplied solely for your own personal use, but you are not permitted to use the content in connection with any business or commercial enterprise, without explicit written permission by us.

Situations that are not covered in these terms of service, should be assessed in similar spirit of these terms of service.

Section 5 – Products and offers

The products, descriptions and prices in the webshop are subject to change without notice.

The webshop contains complete and accurate descriptions of the products offered. The pictures, specifications and information used to describe the product are indicative and cannot be used as a reason for compensation or dissolution of a purchase agreement.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Section 6 – Purchases and agreements

By placing an order in the webshop you are offering to purchase a product on the terms and conditions in this document. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. 

In order to enter into an agreement with Fencil Studio you must be have reached the age of majority. Fencil Studio reserves the right to refuse any request made by you or any order you place with us. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card (or other payment method) used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, so that we can complete your transactions and contact you as needed.

The company will take appropriate measures (organizational and technical) to make the electronic transfer of data secure.

Section 7 – Withdrawal and refunds

After purchase, the consumer can dissolve the agreement within 14 days after receipt of the product without having to provide a reason.

If the consumer wants to exercise this right, he / she must inform the company within 14 days after receipt of the product and return the product to the company. The consumer must prove that the product was returned within the mentioned period and in an appropriate manner. The cost of return are entirely for the consumer.

Certain types of products cannot be returned, like custom products (such as special orders or personalized items).

For more detail, please review our Refund Policy.

Section 8 – Comments, feedback, ratings and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the services or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 9 – Personal Information and privacy

Your submission of personal information through the store is governed by our Privacy Policy.

For more detail, please review our Privacy Policy.

Section 10 – Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the services or on any related website, should be taken to indicate that all information in the services or on any related website has been modified or updated.

Section 11 – Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Fencil Studio, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 12 – Indemnification

You agree to indemnify, defend and hold harmless Fencil Studio and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms of service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 13 – Severability

In the event that any provision of these terms of service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 14 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These terms of service are effective unless and until terminated by either you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to use our services, or when you cease using our website and/or webshop. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms of service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 15 – Entire agreement

The failure of us to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision.

These terms of service and any policies or operating rules posted by us on this site or in respect to The services constitutes the entire agreement and understanding between you and us and govern your use of the services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms of service).

Any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party.

These terms of service and any separate agreements whereby we provide you services> shall be governed by and construed in accordance with the laws of The Netherlands.

Section 16 – Disputes

Dutch law shall apply exclusively to any dispute, agreement and order, even if the consumer lives outside the Netherlands.

The Vienna Sales Convention shall not apply.

Section 17 – Changes to terms of service

At any time, the current (most recent) version of the terms of service are available on this page.

We reserve the right to update the terms of service at our discretion. In which case the updated version will replace the previous version on our website. Therefore we advice you to check this page regularly for updated versions. Your continued use of or access to our website or the services following the posting of any changes to these terms of service constitutes acceptance of those changes.