Article 1 - Identity

Name: The Intimacy Studio

Email: info@theintimacystudio.com

Company Registration Number: 93088671

VAT Number: NL004997236B66

Article 2 - Definitions

In these general terms and conditions, the following terms shall have the following meanings:

• 2.1 Supplementary Agreement: An agreement whereby a Customer acquires products in connection with a Distance Agreement.
• 2.2 The Intimacy Studio: The online shop operated under the name "The Intimacy Studio."
• 2.3 Website: theintimacystudio.com and all relevant sub-domains.
• 2.4 Customer: Any person who purchases products and/or registers on the Website.
• 2.5 Agreement: Any agreement or contract between The Intimacy Studio and the Customer, of which these General Terms and Conditions are an integral part.

• 2.6 General Terms and Conditions: These General Terms and Conditions.

• 2.7 Withdrawal Period: The period within which a Customer can exercise their Right of Withdrawal (usually 14 days).

• 2.8 Day: Calendar day.

• 2.9 Durable Data Carrier: Any tool – including email – that enables a Customer or The Intimacy Studio to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information.

• 2.10 Right of Withdrawal: The possibility for a Customer to terminate the Distance Agreement within the Withdrawal Period.

• 2.11 Distance Agreement: An agreement concluded between The Intimacy Studio and a Customer within the framework of an organized system for the distance sale of products, whereby up to and including the conclusion of the agreement, one or more techniques for distance communication are used exclusively or partly.

• 2.12 Revocation Form: The model revocation form as set out in Annex I of these Terms and Conditions. 

• 2.13 Means of Distance Communication: Means that can be used for the conclusion of a contract without a Customer and The Intimacy Studio meeting in the same room at the same time. (WhatsApp, email, chat)

Article 3 - Applicability

• 3.1 These General Terms and Conditions apply to every offer made by The Intimacy Studio and to every Distance Agreement concluded between The Intimacy Studio and a Customer.

• 3.2 Before the Distance Agreement is concluded, the text of these General Terms and Conditions will be made available to the Customer electronically in such a way that it can be easily stored by the Customer on a Durable Data Carrier.

• 3.3 If this is not reasonably possible, The Intimacy Studio will indicate, before the Distance Agreement is concluded, how the General Terms and Conditions can be viewed electronically, and that they will be sent electronically or otherwise free of charge at the Customer's request.

Article 4 - The Offer

• 4.1 If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

• 4.2 Obvious mistakes or errors in the offer of products do not bind The Intimacy Studio.

• 4.3 Each offer contains such information that it is clear to the Customer what rights and obligations are attached to the acceptance of the offer. This includes, in particular:

  • The price, including all taxes;

  • Any delivery costs;

  • The method of payment, delivery, and performance of the Agreement;

  • The existence and conditions of the Right of Withdrawal;

  • Information on warranties and after-sales service;

  • The term for accepting the offer, or the period for which the price remains valid.

Article 5 - The Agreement

• 5.1 The Agreement is concluded when the Customer accepts the offer and complies with the conditions attached to it.

• 5.2 If the Customer has accepted the offer electronically, The Intimacy Studio will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by The Intimacy Studio, the Customer may dissolve the Agreement.

• 5.3 The Intimacy Studio will provide the following information, at the latest upon delivery of the product to the Customer, in writing or in such a way that it can be stored by the Customer in an accessible manner on a Durable Data Carrier:

  • The contact details of The Intimacy Studio where the Customer can address complaints;

  • The conditions under which, and the manner in which, the Customer can exercise the Right of Withdrawal, or a clear statement regarding the exclusion of the Right of Withdrawal;

  • Information about warranties and existing after-sales service;

  • The price, including all taxes, of the product; where applicable, the costs of delivery; and the method of payment, delivery, or performance of the Distance Agreement;

  • The model withdrawal form if the Customer has a Right of Withdrawal.

Article 6 - Right of Withdrawal

• 6.1 The Customer has the right to withdraw from the Agreement regarding the purchase of a product within 14 days ( aligning with standard EU law ) without giving any reason. The Intimacy Studio may ask the Customer for the reason for withdrawal, but the Customer is not obliged to state their reason(s).

• 6.2 The Withdrawal Period referred to in paragraph 1 starts on the day after the Customer, or a third party designated by the Customer (who is not the carrier), has received the product, or:

  • 6.3 If the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by them, has received the last product. The Intimacy Studio may, provided it has informed the Customer of this before the ordering process, refuse an order for several products with different delivery times.

  • 6.4 If the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by them, has received the last shipment or the last part.

Article 7 - Obligations of the Customer During the Withdrawal Period

• 7.1 During the Withdrawal Period, the Customer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The starting point here is that the Customer may only handle and inspect the product as they would be allowed to do in a shop.

• 7.2 The Customer is liable for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.

Article 8 - Exercise of the Right of Withdrawal

• 8.1 If the Customer exercises their Right of Withdrawal, they must notify The Intimacy Studio within the Withdrawal Period by means of the Model Withdrawal Form or in another unambiguous statement.

• 8.2 The Customer must return the product to The Intimacy Studio as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1. This is not necessary if The Intimacy Studio has offered to collect the product itself. The Customer is considered to have complied with the return period if they return the product before the Withdrawal Period has expired.

• 8.3 The Customer must return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and following the instructions provided by The Intimacy Studio.

• 8.4 The risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal lies with the Customer.

• 8.5 The Customer bears the direct costs of returning the product.

• 8.6 Further information about returning a product can be found on the Website.

• 8.7 If the Customer exercises their Right of Withdrawal, all Supplementary Agreements will be dissolved by operation of law.

• 8.8 If the consumer only returns part of the order, no shipping costs need to be refunded by The Intimacy Studio.

• 8.9 The Customer does not have the right of withdrawal if the products are not suitable to be returned for health or hygiene reasons, and for which the sealed packaging has been opened after delivery

Article 9 - Obligations of The Intimacy Studio in Case of Withdrawal

• 9.1 If The Intimacy Studio enables the Customer to give notice of withdrawal electronically, it will send an acknowledgment of receipt without delay after receiving this notification.

• 9.2 The Intimacy Studio will reimburse all payments received from the Customer, including any delivery costs charged by The Intimacy Studio for the returned product, without delay but within 14 days following the day on which the Customer notifies it of the withdrawal. The Intimacy Studio may withhold reimbursement until it has received the product back or the Customer has supplied evidence of having sent back the product, whichever is the earliest.

• 9.3 The Intimacy Studio will use the same means of payment used by the Customer for reimbursement unless the Customer agrees to a different method. The reimbursement is free of charge to the Customer.

• 9.4 If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, The Intimacy Studio is not required to reimburse the additional costs of the more expensive method.

Article 10 - The Price

• 10.1 During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.

• 10.2 The prices mentioned in the offer of products include VAT.

• 10.3 Provided discount codes or codes that are intended to facilitate free shipping do not apply to articles that already benefit from a discount.

Article 11 - Contract Performance and Additional Guarantee

• • 11.1 The Intimacy Studio guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement.

  • 11.2 In any case, no claim can be made to what is stated under paragraph 1 of this article (i) in the event of damage due to intent or negligence, (ii) in the event of normal wear and tear, and/or (iii) in the event of damage due to failure to observe, or incorrect observance of, the instructions for use or instructions for use....

  • 11.3 An additional guarantee provided by The Intimacy Studio, its supplier, manufacturer, or importer never limits the legal rights and claims that the Customer can assert against The Intimacy Studio based on the Agreement if The Intimacy Studio has failed to fulfill its part of the Agreement.

  • 11.4 Additional warranty is understood to mean any obligation of The Intimacy Studio, its supplier, importer, or manufacturer in which it grants the Customer certain rights or claims that go beyond what the Customer is legally obligated to in the event they are in breach of their part of the Agreement.

Article 12 - Delivery and Execution

• • 12.1 The Intimacy Studio will take the greatest possible care when receiving and executing orders for products.

  • 12.2 Delivery takes place as long as stocks last.

  • 12.3 Shipment and handling of orders will be charged. The shipping costs will be clearly stated before the Customer places the order.

  • 12.4 Ownership of delivered products is transferred to the Customer after the full amount due has been paid. The risk of the products is transferred at the moment of delivery to the Customer.

  • 12.5 The place of delivery is the address that the Customer has made known to The Intimacy Studio.

  • 12.6 The Customer must provide the correct address and email address to The Intimacy Studio. The Intimacy Studio must also be notified in good time of any changes to this address and email address. If the Customer has provided the wrong address for delivery, the extra shipping costs will be borne by the Customer.

  • 12.7 The Intimacy Studio will carry out accepted orders expeditiously, but at the latest within 30 days, unless another delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the Customer will be notified of this no later than 30 days after they have placed the order. In that case, the Customer has the right to dissolve the Agreement free of charge.

  • 12.8 After dissolution by the previous paragraph, The Intimacy Studio will immediately refund the amount paid by the Customer.

  • 12.9 The risk of damage to and/or loss of products rests with The Intimacy Studio until the moment of delivery to the Customer or a representative appointed in advance and announced to The Intimacy Studio, unless explicitly agreed otherwise.

Article 13 - Payment

• • 13.1 The Customer must make payments to The Intimacy Studio using the payment methods indicated during the order procedure or on the Website. The Intimacy Studio is free to choose which payment methods are offered and is authorized to change the payment options at any time.

  • 13.2 To payments after delivery applies a payment period of 14 days after the date of delivery.

Article 14 - Force Majeure

• • 14.1 The Intimacy Studio and the Customer are not obliged to comply with any obligation if they are prevented from doing so as a result of a circumstance that is not attributable to The Intimacy Studio and is not for its account under the law, a legal act, or generally accepted views.

  • 14.2 Force majeure is understood to mean, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, over which The Intimacy Studio has no influence, but which prevent The Intimacy Studio from fulfilling its obligations. This includes strikes in The Intimacy Studio's company or in the company of third parties. The Intimacy Studio also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after The Intimacy Studio should have fulfilled its obligation.

Article 15 - Complaints Procedure

• • 15.1 If the Customer has a complaint about a product (regarding warranty and conformity) and/or another aspect of the services provided by The Intimacy Studio, they can submit a complaint to The Intimacy Studio via email, WhatsApp, or post. See the contact details below.

  • 15.2 The Intimacy Studio will respond to the Customer’s complaint as quickly as possible, and in any event within 14 days of receipt. If it is not possible to provide a substantive response within that time, The Intimacy Studio will acknowledge receipt within 14 days and indicate the timeframe within which the Customer can expect a substantive response.

  • 15.3 Customers who are not acting in a professional or commercial capacity may also submit a complaint via the European Dispute Resolution Platform via https://ec.europa.eu/odr/.

Article 16 - Other Provisions

• • 16.1 Any deviations from these General Terms and Conditions can only be agreed upon in writing. No rights can be derived from such deviations concerning legal relationships entered into at a later date.

  • 16.2 The Intimacy Studio's administration is, subject to proof to the contrary, proof of the applications and/or orders made by the Customer. The Customer acknowledges that electronic communication can serve as proof.

  • 16.3 The Intimacy Studio is entitled to transfer the rights and obligations from the Agreement with you to a third party by means of a single notification to you.

  • 16.4 If any provision in these General Terms and Conditions is found to be invalid, such shall not prejudice the validity of the General Terms and Conditions as a whole. In such an event, the parties shall agree to a new replacement provision or provisions that will correspond as much as possible to the intention of the original provision, insofar as this is legally possible.

Article 17 - Applicable Law and Jurisdiction

• • 17.1 Agreements between The Intimacy Studio and the Customer to which these General Terms and Conditions apply are exclusively governed by Dutch law.

  • 17.2 All disputes between The Intimacy Studio and the Customer will, in the first instance, be settled by the competent court in Amsterdam, the Netherlands, unless mandatory law dictates otherwise.

Article 18 - Chargebacks and Fraud Prevention

• • 18.1 Unauthorized Chargebacks: Customers are encouraged to contact The Intimacy Studio before filing a chargeback to allow for a fair resolution..

  • 18.2 Fraudulent Claims: If a chargeback is filed on fraudulent grounds, The Intimacy Studio reserves the right to dispute the claim, take legal action, or report the matter to relevant authorities.

  • 18.3 Evidence Collection: The Intimacy Studio maintains detailed records of transactions, including proof of delivery, order confirmations, and customer communications, which will be provided to financial institutions in the event of a dispute..

  • 18.4 Chargeback Fees & Account Restrictions: Excessive or repeated chargebacks may result in restrictions on future purchases at The Intimacy Studio's discretion.

  • 18.5 Refund Policy Compliance: Customers agree to follow The Intimacy Studio’s return and refund process before seeking a chargeback. Chargebacks that bypass this process may be disputed with the payment provider.

Contact Details

• • If you have any questions, complaints, or comments after reading these General Terms and Conditions, please feel free to contact us via email or WhatsApp.

    Address (no pick-up address):

    The Intimacy Studio

    Somerlustpad

    1097 MS Amsterdam

    The Netherlands

    Email: info@theintimacystudio.com

    WhatsApp: +31687612434 (only chat)

    Annex I: Model Withdrawal Form

    (Complete and return this form only if you wish to withdraw from the contract)

    To:

    The Intimacy Studio

    Somerlustpad

    1097 MS Amsterdam

    The Netherlands

    Email: info@theintimacystudio.com

    • I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods/for the provision of the following service ():

    • Ordered on ()/received on ():

    • Name of consumer(s):

    • Address of consumer(s):

    • Signature of consumer(s) (only if this form is notified on paper):

    • Date: