Atelier UMA
Trade name / Business name: Atelier UMA
Chamber of Commerce (KvK): 56902840
VAT number: NL003424272B77
Country of establishment: The Netherlands
Email: info@atelieruma.com
Website: www.atelieruma.com

1. Introduction and Scope

1.1. These Terms & Conditions (“Terms”) apply to all offers, quotations, proposals, agreements, orders, sales, deliveries, services, design work, styling work, consulting work, and other commercial relationships between Atelier UMA (“Atelier UMA”, “we”, “us”, “our”) and any customer, client, buyer, visitor, or user (“Customer”, “you”, “your”).

1.2. Atelier UMA operates as, among other things:
a. an online and offline seller of furniture, books, objects, accessories, and related goods;
b. an interior design and styling studio;
c. a supplier and/or dealer of selected third-party brands; and
d. a provider of related advisory, sourcing, project, and creative services.

1.3. These Terms apply to both:
a. consumers acting for purposes outside their trade, business, craft, or profession (“Consumers”); and
b. business customers acting in the course of business (“Business Customers”).

1.4. Where a provision applies only to Consumers or only to Business Customers, this will be stated expressly or will follow from the nature of the provision.

1.5. By visiting our website, requesting a quotation, placing an order, accepting a quotation, making payment, instructing us to begin services, or otherwise entering into an agreement with us, you agree to be bound by these Terms.

1.6. Any terms proposed by you, including purchasing conditions or procurement terms, are expressly rejected unless we have accepted them in writing.

1.7. In the event of conflict between these Terms and a separately signed written agreement, the signed written agreement shall prevail to the extent of the conflict.

2. Company Information

2.1. Atelier UMA is established in the Netherlands.

2.2. Our business details are:
• Business name / trade name: Atelier UMA
• Chamber of Commerce (KvK): 56902840
• VAT number: NL003424272B77
• Email: info@atelieruma.com
• Website: www.atelieruma.com
• Registered office / correspondence address: Erasmusweg 22, 4834 AA Breda, The Netherlands

2.3. Any formal notices to Atelier UMA must be sent to the email address above and, where reasonably requested by us, also by registered post to our registered office address.

3. Definitions

For the purposes of these Terms:

3.1. Agreement means any contract between Atelier UMA and the Customer, whether concluded through the webshop, by email, by acceptance of a quotation, by invoice, by written confirmation, or otherwise.

3.2. Products means all physical and digital products sold by Atelier UMA, including but not limited to furniture, books, objects, home accessories, decorative items, samples, and branded goods from third-party manufacturers.

3.3. Services means all services provided by Atelier UMA, including but not limited to interior design, concept development, styling, sourcing, procurement support, creative direction, consultancy, project coordination, and related work.

3.4. Custom Order means any made-to-order, bespoke, customized, personalized, specially sourced, special-order, commissioned, or non-standard Product or Service.

3.5. Digital Content means data produced and supplied in digital form, including but not limited to digital moodboards, renderings, layouts, plans, presentations, concepts, lookbooks, and downloadable files.

3.6. Force Majeure means any circumstance beyond our reasonable control that prevents or delays performance, including supply chain disruption, transport interruption, acts of government, import/export restrictions, labor shortages, strikes, pandemics, fire, flood, war, terrorism, cyber incidents, utility failures, or default by suppliers or carriers.

4. Applicability and Acceptance

4.1. These Terms apply to all current and future Agreements unless otherwise agreed in writing.

4.2. If any provision of these Terms is or becomes invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect.

4.3. Any invalid or unenforceable provision shall be interpreted, or where necessary replaced, in a manner that most closely reflects the original purpose and economic intent of the provision, to the extent permitted by applicable law.

4.4. Our failure to enforce any provision shall not constitute a waiver of that provision or any other right.

5. Offers, Website Content, and Quotations

5.1. All offers, product listings, visuals, quotations, estimates, and proposals issued by Atelier UMA are non-binding unless expressly stated otherwise in writing.

5.2. Obvious mistakes, clerical errors, pricing errors, publication errors, stock errors, currency conversion mistakes, or manifest inaccuracies do not bind Atelier UMA.

5.3. Images, renders, styling visuals, dimensions, colors, finishes, materials, and descriptions on our website, social channels, presentations, and quotations are intended as indicative only. Minor deviations are possible and do not automatically constitute non-conformity or breach.

5.4. A quotation issued by Atelier UMA is valid only for the period stated in the quotation and, if no period is stated, for fourteen (14) days from the date of issue.

5.5. Atelier UMA is entitled to withdraw or amend a quotation before acceptance if product availability, supplier terms, freight costs, duties, exchange rates, project scope, or other relevant factors materially change.

5.6. Quotations are based on the information provided by the Customer. The Customer guarantees that all information, measurements, project details, site conditions, specifications, and instructions provided are accurate and complete.

5.7. Any additional work, changes in scope, revisions, re-specifications, site visits, sourcing requests, or procurement changes may lead to revised fees, lead times, or conditions.

6. Formation of the Agreement

6.1. For webshop sales, the Agreement is formed when:
a. you complete the checkout process; and
b. we accept your order by confirmation, dispatch, or commencement of performance.

6.2. We reserve the right to refuse, suspend, or cancel any order before dispatch or performance, including in the event of pricing errors, suspected fraud, unavailable stock, export limitations, sanctions issues, misuse, or failure of payment authorization.

6.3. For quotations and project-based Services, the Agreement is formed when:
a. you accept our quotation in writing;
b. you confirm our proposal by email;
c. you instruct us to begin work;
d. you pay a deposit; or
e. we otherwise reasonably rely on your instruction to proceed.

6.4. If the Agreement includes multiple phases, deliverables, shipments, or milestones, each may be invoiced and performed separately.

7. Nature of Products and Services

7.1. Atelier UMA may offer:
a. ready-to-ship items;
b. dealer products from third-party brands;
c. made-to-order or bespoke products;
d. vintage, one-of-a-kind, limited edition, or pre-owned items;
e. interior design services;
f. styling and concept services;
g. sourcing and procurement support;
h. digital deliverables and presentations; and
i. advisory or project support services.

7.2. Certain Products may be supplied directly from third-party brands, manufacturers, artisans, or logistics partners. In such cases, additional supplier-specific lead times, finishing tolerances, packaging practices, warranty limits, and delivery procedures may apply.

7.3. Design and styling Services are by nature partly interpretive and creative. Unless expressly agreed otherwise, Atelier UMA does not guarantee any specific commercial, aesthetic, financial, or functional outcome beyond performance with reasonable skill and care.

8. Measurements, Site Information, and Customer Responsibility

8.1. The Customer is solely responsible for the accuracy of all measurements, dimensions, access restrictions, floor levels, installation environments, architectural information, utility information, and delivery conditions supplied to Atelier UMA unless we have expressly agreed in writing to verify them ourselves.

8.2. The Customer must ensure that Products can be delivered to, moved into, and, where applicable, installed at the intended location, including through entrances, staircases, elevators, hallways, and other access points.

8.3. If a Product cannot be delivered, installed, or placed due to incorrect information provided by the Customer, insufficient access, unsafe conditions, or absent personnel, all resulting additional costs, storage costs, redelivery charges, and related expenses shall be borne by the Customer.

8.4. The Customer is responsible for obtaining any permits, approvals, landlord permissions, HOA permissions, building access approvals, or other third-party permissions required for delivery, installation, or project performance.

9. Prices

9.1. All prices are displayed and charged in the currency indicated on the website, quotation, invoice, or order confirmation.

9.2. Unless expressly stated otherwise:
a. prices for Consumers are inclusive of VAT where legally required;
b. prices for Business Customers may be shown exclusive of VAT; and
c. shipping, customs duties, import VAT, brokerage fees, local taxes, installation fees, assembly fees, storage charges, and other third-party costs are excluded unless expressly stated otherwise.

9.3. For international sales, the Customer is responsible for any customs duties, import taxes, local VAT/GST, brokerage charges, port charges, handling charges, and other country-specific fees, unless expressly agreed otherwise in writing.

9.4. Atelier UMA may adjust prices before conclusion of the Agreement in case of errors or material changes in supplier pricing, transport costs, customs rates, exchange rates, taxes, or project scope.

9.5. For Agreements extending over time or involving phased procurement, Atelier UMA may pass on objectively justifiable cost increases occurring after the quotation date, including supplier increases, freight surcharges, customs costs, and material increases, provided such increases are reasonable and legally permitted.

10. Payment Terms

10.1. Webshop orders must be paid at the time of checkout using the payment methods offered on the website, unless another payment arrangement is expressly stated.

10.2. For quotations, services, custom work, project work, and business orders, Atelier UMA may require:
a. full prepayment;
b. a deposit;
c. staged payments;
d. progress billing; or
e. payment on invoice.

10.3. Unless otherwise stated in writing, invoices are payable within fourteen (14) calendar days from invoice date.

10.4. Atelier UMA may require advance payment before ordering goods from suppliers, beginning design work, reserving production slots, releasing deliverables, arranging shipment, or scheduling installation.

10.5. The Customer is not entitled to suspend payment, set off claims, or withhold payment, except to the extent mandatory law provides otherwise.

10.6. If the Customer fails to pay on time, the Customer shall be in default by operation of law or after notice, depending on what is required under applicable law.

10.7. In the event of late payment, Atelier UMA may, to the extent permitted by applicable law:
a. charge statutory interest and/or contractual interest;
b. suspend further deliveries or Services;
c. postpone project milestones;
d. refuse release of Products or deliverables;
e. terminate the Agreement in whole or in part; and
f. recover all reasonable judicial and extrajudicial collection costs.

10.8. For Business Customers, all collection costs, legal fees, recovery costs, and related expenses reasonably incurred by Atelier UMA in collecting overdue sums shall be borne by the Business Customer.

10.9. Any complaint regarding an invoice must be submitted in writing within seven (7) days of the invoice date, failing which the invoice is deemed accepted, without prejudice to non-waivable statutory rights of Consumers.

11. Retention of Title

11.1. All Products delivered by Atelier UMA remain our property until all amounts owed under the Agreement and any related Agreements have been paid in full.

11.2. Until title passes, the Customer shall:
a. keep the Products in good condition;
b. store them separately where reasonably possible;
c. not pledge, transfer, encumber, or dispose of them other than in the ordinary course of business where applicable; and
d. allow Atelier UMA to identify and reclaim them if legally permitted.

11.3. Risk of loss may pass earlier in accordance with these Terms, even if legal title has not yet transferred.

12. Delivery, Lead Times, and Performance

12.1. Any stated delivery times, lead times, completion dates, project schedules, or dispatch estimates are indicative unless expressly agreed as fixed deadlines in writing.

12.2. Atelier UMA is entitled to perform the Agreement in parts and to make partial deliveries.

12.3. Delays caused by suppliers, carriers, customs authorities, manufacturers, artisans, installers, force majeure events, congestion, or circumstances outside our reasonable control do not automatically entitle the Customer to cancellation, compensation, or refusal of delivery.

12.4. Where a fixed delivery date is essential to the Customer, the Customer must expressly notify Atelier UMA in writing before the Agreement is concluded, and such date shall only be binding if we confirm it expressly in writing.

12.5. If performance is delayed due to information, approvals, materials, access, decisions, or actions required from the Customer, Atelier UMA may extend the delivery or performance period accordingly and charge resulting reasonable costs.

12.6. Atelier UMA may use third-party carriers, couriers, freight forwarders, installers, or fulfillment providers and is entitled to choose the shipping or logistics method unless otherwise agreed.

13. Shipping, Import, and International Orders

13.1. Atelier UMA sells internationally, but not all Products are available for shipment to all countries.

13.2. The Customer is responsible for ensuring that Products ordered may lawfully be imported, possessed, used, and installed in the destination country.

13.3. International deliveries may be subject to customs inspection, delays, duties, taxes, local certifications, and import restrictions beyond our control.

13.4. Unless expressly agreed otherwise, the Customer bears all import-related costs and compliance obligations in the country of destination.

13.5. Atelier UMA shall not be liable for delays, non-delivery, destruction, seizure, or extra costs caused by customs, sanctions regulations, export controls, documentation requirements, or local laws in the destination country, unless caused by our intentional misconduct or gross negligence where such limitation is not allowed.

14. Transfer of Risk

14.1. Risk of loss, damage, theft, or deterioration of Products passes to the Customer at the moment the Products are delivered to the Customer or to the first carrier, installer, or logistics provider engaged for delivery, unless mandatory law requires otherwise.

14.2. If delivery is delayed at the request of the Customer, or if the Customer fails to accept delivery, risk passes when the Products are made available to the Customer.

14.3. Storage, rerouting, or redelivery arranged due to the Customer’s request or failure to receive delivery is at the Customer’s risk and expense.

15. Inspection, Acceptance, and Complaints

15.1. Upon delivery, the Customer must inspect the Products promptly for visible defects, damage, shortages, or transport issues.

15.2. Visible defects or transport damage must, where possible, be noted on the carrier’s delivery record and reported to Atelier UMA without undue delay, and in any event within forty-eight (48) hours after delivery.

15.3. Non-visible defects must be reported in writing within a reasonable time after discovery and with sufficient detail, photographs where applicable, and proof of purchase.

15.4. The Customer shall cooperate fully with any reasonable request for information, evidence, inspection, or return necessary to assess a complaint.

15.5. Use, resale, installation, alteration, repair, or processing of the Product after discovery of a defect may affect the Customer’s remedies to the extent legally permitted.

15.6. Failure to complain within the periods above may result in loss of rights for Business Customers. Consumers retain all mandatory statutory rights that cannot be waived.

16. Consumer Right of Withdrawal

16.1. If you are a Consumer and you purchase Products or Services at a distance, such as through our webshop, you may have a legal right to withdraw from the Agreement within fourteen (14) days, subject to applicable law and exceptions.

16.2. For goods, the withdrawal period generally starts on the day after you, or a third party designated by you other than the carrier, receives the Product.

16.3. For services, the withdrawal period generally starts on the day after the Agreement is concluded.

16.4. To exercise the right of withdrawal, you must notify Atelier UMA by an unequivocal statement within the withdrawal period, by email to info@atelieruma.com or by other written notice using the contact details above.

16.5. After valid withdrawal of a Product purchase, you must return the Product without undue delay and, unless applicable law states otherwise, no later than fourteen (14) days after notifying us of withdrawal.

16.6. Returned Products must be sent to: Erasmusweg 22, 4834 AA Breda, The Netherlands, unless we instruct otherwise in writing.

16.7. The Consumer is liable for any diminished value of the returned Product resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

16.8. Atelier UMA may withhold reimbursement until we have received the returned Product or the Consumer has supplied evidence of return, whichever occurs first, to the extent permitted by law.

16.9. Atelier UMA will reimburse payments due after valid withdrawal using the same payment method used for the original transaction, unless otherwise agreed.

16.10. The right of withdrawal does not apply, or may be lost, to the extent permitted by applicable law, including for:
a. Products made to the Consumer’s specifications or clearly personalized;
b. made-to-order, bespoke, or specially sourced items that cannot reasonably be restocked;
c. sealed goods not suitable for return for health or hygiene reasons once unsealed, where relevant;
d. Digital Content not supplied on a tangible medium once performance has begun with the Consumer’s prior express consent and acknowledgment of losing the withdrawal right, where legally required;
e. services fully performed with the Consumer’s prior express request and acknowledgment where legally required; and
f. any other statutory exception applicable under mandatory law.

16.11. If a Consumer requested that performance of Services begin during the withdrawal period and then validly withdraws, Atelier UMA may charge a proportionate amount for the part of the Services already performed, to the extent permitted by law.

16.12. This clause does not limit any mandatory consumer rights under applicable law.

17. Returns Policy for Non-Withdrawal Returns

17.1. Returns outside the legal withdrawal regime are accepted only if:
a. required by law;
b. expressly approved by Atelier UMA in writing; or
c. stated in a separate return policy.

17.2. Non-defective Products that are returned with our written approval may be subject to handling fees, restocking fees, transport costs, inspection charges, or deductions for damage or use.

17.3. Custom Orders, special-order goods, dealer-ordered goods, vintage items, samples, discounted sale items, and one-of-a-kind items are generally non-returnable unless mandatory law requires otherwise.

18. Consumer Statutory Rights and Conformity

18.1. Nothing in these Terms excludes or limits mandatory statutory rights of Consumers.

18.2. Consumers are legally entitled to Products that conform to the Agreement. This may include rights in case a Product is defective, incomplete, not as described, or otherwise not in conformity under mandatory law.

18.3. Where a Consumer has a valid legal claim relating to non-conformity, Atelier UMA may, to the extent permitted by law and depending on the circumstances, repair, replace, re-perform, offer a price reduction, or provide another statutory remedy.

18.4. Any commercial warranty we or a third-party brand provide is additional to, and does not replace, statutory rights.

19. Business Customer Warranty and Remedies

19.1. For Business Customers, unless otherwise agreed in writing, our obligation in case of proven defects is limited, at our option, to:
a. repair;
b. replacement;
c. re-performance of the relevant Service;
d. a reasonable price reduction; or
e. crediting the relevant invoice amount.

19.2. Business Customers are not entitled to rescind the Agreement in whole or in part unless the defect is material and Atelier UMA has failed to remedy it within a reasonable time after written notice.

19.3. Normal wear and tear, natural variations in materials, patina, aging, lightfastness changes, wood movement, finish variation, artisanal variation, batch variation, and supplier tolerances do not constitute defects.

20. Custom Orders, Bespoke Products, and Special Sourcing

20.1. Custom Orders are binding once confirmed and, unless we agree otherwise in writing, may not be cancelled, returned, exchanged, or refunded except where mandatory law requires otherwise.

20.2. For Custom Orders, Atelier UMA may request drawings, specifications, fabric selections, material approvals, finish approvals, and sign-off before production or procurement begins.

20.3. The Customer is responsible for reviewing all specifications and approvals carefully. Any approved specification, finish, dimension, or material is deemed final.

20.4. Variations inherent in handmade, artisanal, natural, reclaimed, vintage, stone, wood, textile, ceramic, metal, printed, or other crafted materials are normal and accepted by the Customer.

20.5. If a supplier discontinues a material, finish, or model after order confirmation, Atelier UMA may propose a reasonable alternative. If no reasonable alternative is acceptable, our liability shall be limited to refund of sums paid for the unavailable item, unless mandatory law requires otherwise.

21. Vintage, One-of-a-Kind, and Natural Materials

21.1. Certain Products sold by Atelier UMA may be vintage, antique, unique, artisanal, reclaimed, sample, or one-of-a-kind items.

21.2. Such Products may show irregularities, signs of age, repair marks, wear, patina, tonal differences, tool marks, imperfections, and other characteristics consistent with their nature.

21.3. Such characteristics form part of the identity and value of the Product and are not automatically defects.

21.4. Natural materials such as wood, marble, stone, leather, linen, wool, metals, and ceramics can vary in color, texture, veining, grain, pattern, gloss, and dimensions. No two items are necessarily identical.

22. Dealer Brands and Third-Party Products

22.1. Atelier UMA may act as reseller, dealer, intermediary, or procurement partner for third-party brands and manufacturers.

22.2. Product specifications, care instructions, maintenance rules, technical data, and warranty policies for such Products may be supplied by the third-party brand and may apply in addition to these Terms.

22.3. Atelier UMA is not the manufacturer of third-party branded goods unless expressly stated otherwise.

22.4. To the extent permitted by law, Atelier UMA is not liable for inaccuracies originating from third-party manufacturers, supplier discontinuations, manufacturing tolerances, or supplier-side delays outside our reasonable control.

22.5. Where a manufacturer’s warranty applies, Atelier UMA may require the Customer to cooperate with the manufacturer’s warranty process, provided this does not reduce any mandatory rights.

23. Services: Interior Design, Styling, and Consultancy

23.1. Atelier UMA shall perform Services with reasonable skill, care, and professional diligence.

23.2. Unless expressly stated otherwise, design, styling, and consulting Services are obligations of effort, not guaranteed result obligations.

23.3. Deliverables may include concepts, presentations, moodboards, space plans, product selections, sourcing proposals, shopping lists, styling suggestions, renderings, guidance, schedules, and other creative or advisory outputs.

23.4. Unless otherwise agreed in writing, Atelier UMA is not responsible for:
a. architectural calculations;
b. structural engineering;
c. permit applications;
d. code compliance;
e. contractor performance;
f. utility planning;
g. technical installation drawings;
h. third-party execution quality; or
i. site safety management.

23.5. If the Customer requires specialist services such as architecture, engineering, construction management, electrical planning, or legal compliance advice, the Customer must retain qualified specialists unless Atelier UMA expressly agrees in writing to arrange such support.

23.6. Any recommendations made by Atelier UMA are based on information available at the time and may be affected by supplier changes, site realities, lead times, availability, budget changes, and third-party constraints.

24. Revisions, Change Requests, and Additional Work

24.1. Unless expressly included in a quotation, revisions, redesign rounds, extra concepts, extra sourcing, extra meetings, extra site visits, procurement changes, rush work, and project administration are additional work and may be charged separately.

24.2. Any change requested by the Customer after approval of a proposal, design, item selection, production order, or procurement instruction may affect price, timing, feasibility, and supplier acceptance.

24.3. Atelier UMA is not obliged to accept change requests once production, ordering, procurement, or performance has begun.

25. Project Coordination and Third-Party Suppliers

25.1. If Atelier UMA assists with procurement, sourcing, or project coordination involving third-party suppliers, artisans, manufacturers, installers, or contractors, Atelier UMA acts only within the scope expressly agreed.

25.2. Unless expressly agreed otherwise in writing, Atelier UMA does not assume responsibility for the acts, omissions, insolvency, delays, workmanship, contractual defaults, or legal compliance of third parties engaged by the Customer or recommended to the Customer.

25.3. Where Atelier UMA places orders with third parties on behalf of the Customer, the Customer shall reimburse all related costs and remains bound by any applicable supplier-specific conditions that were communicated or reasonably incorporated into the transaction.

26. Storage and Failed Delivery

26.1. If Products cannot be delivered or accepted on the agreed date for reasons attributable to the Customer, Atelier UMA may store the Products itself or through a third party at the Customer’s risk and expense.

26.2. Storage fees, handling fees, insurance costs, and redelivery costs may be charged.

26.3. If the Customer fails to take delivery within a reasonable period after notice, Atelier UMA may, without prejudice to other rights, terminate the Agreement in whole or in part and recover losses suffered.

27. Intellectual Property

27.1. All intellectual property rights in and to our website, branding, texts, visuals, photography, drawings, concepts, moodboards, plans, presentations, renderings, layouts, proposals, product selections, creative direction, and other materials developed or supplied by Atelier UMA remain vested in Atelier UMA and/or its licensors.

27.2. Unless expressly agreed otherwise in writing, no assignment of intellectual property rights takes place.

27.3. The Customer receives only the limited right to use deliverables for the purpose and scope for which they were supplied and only after full payment of all amounts due.

27.4. The Customer may not, without prior written consent from Atelier UMA:
a. reproduce, publish, modify, sublicense, resell, commercialize, exploit, distribute, or disclose our deliverables beyond the agreed purpose;
b. remove copyright, trademark, or proprietary notices;
c. use our concepts or visuals for projects other than the agreed project; or
d. instruct third parties to execute our designs without having paid all outstanding invoices.

27.5. Atelier UMA may use project images, visuals, non-confidential deliverables, and completed work for portfolio, website, publication, social media, awards, editorial, and promotional purposes unless expressly agreed otherwise in writing.

27.6. If confidentiality is required, this must be agreed in writing before project publication or photography.

28. Customer Materials and Rights Clearance

28.1. If the Customer supplies images, floor plans, logos, text, references, content, specifications, or other materials, the Customer guarantees that it has all necessary rights, permissions, and licenses to allow Atelier UMA to use them for the agreed purpose.

28.2. The Customer indemnifies Atelier UMA against third-party claims relating to infringement of intellectual property rights, privacy rights, image rights, confidentiality obligations, or other rights arising from materials supplied by the Customer.

29. Digital Content and Electronic Communication

29.1. Atelier UMA may deliver certain materials digitally, including design files, proposals, presentations, PDFs, image boards, digital guidance, and other Digital Content.

29.2. Unless expressly agreed otherwise, Digital Content is supplied “as is” for the agreed purpose and may require specific software, hardware, subscriptions, or display settings.

29.3. Atelier UMA does not guarantee that emails, file transfers, cloud services, or digital files will be entirely uninterrupted, virus-free, or compatible with every system, although we use reasonable care.

29.4. The Customer is responsible for maintaining adequate backups and cybersecurity measures.

29.5. Where applicable law requires prior express consent before immediate delivery of Digital Content with waiver of withdrawal rights, the Customer agrees that such consent may be requested during checkout or acceptance.

30. Acceptable Use of Website

30.1. The Customer and any website visitor may not use the website:
a. unlawfully;
b. fraudulently;
c. in a way that may harm Atelier UMA, its infrastructure, or other users;
d. to scrape, mine, mirror, copy, or exploit content without permission;
e. to interfere with security, availability, or proper functioning; or
f. to transmit malicious code, spam, or misleading information.

30.2. Atelier UMA may suspend or block access to the website or refuse orders in case of suspected abuse, fraud, unlawful conduct, sanctions concerns, or cybersecurity risk.

31. Privacy and Data Protection

31.1. Atelier UMA processes personal data in accordance with its Privacy Policy and applicable data protection laws.

31.2. The Customer must ensure that any personal data of third parties shared with Atelier UMA has been lawfully obtained and may be shared for the intended purpose.

31.3. Where necessary, the parties may enter into a separate data processing agreement.

31.4. Nothing in these Terms creates an obligation for Atelier UMA to act as processor for Customer data unless expressly agreed.

32. Limitation of Liability

32.1. Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including liability that cannot lawfully be excluded for Consumers.

32.2. To the maximum extent permitted by law, Atelier UMA shall not be liable for:
a. indirect damage;
b. consequential damage;
c. loss of profit;
d. loss of revenue;
e. loss of business;
f. missed savings;
g. reputational damage;
h. loss of opportunity;
i. data loss; or
j. third-party claims, except to the extent directly caused by our breach and not excludable by law.

32.3. To the maximum extent permitted by law, Atelier UMA’s total liability arising out of or in connection with any Agreement shall be limited to:
a. the amount actually paid by the Customer for the relevant Product or Service giving rise to the claim; or
b. if higher and applicable, the amount paid out under our liability insurance in that case.

32.4. If the Agreement is of a continuing nature, our liability shall be limited to the amount invoiced and paid by the Customer during the six (6) months preceding the event giving rise to the claim.

32.5. Atelier UMA is not liable for:
a. minor deviations in color, finish, dimensions, structure, or appearance;
b. supplier delays or defaults beyond our control;
c. misuse, improper assembly, improper care, or unauthorized modifications by the Customer or third parties;
d. damage arising from incorrect measurements or instructions supplied by the Customer;
e. wear and tear, aging, natural material movement, light exposure, humidity, climate effects, or maintenance neglect;
f. decisions taken by the Customer based on advice where the Customer ignored warnings, specifications, or specialist recommendations; or
g. acts or omissions of carriers, customs authorities, installers, contractors, or other third parties not under our direct control.

32.6. Any claim must be brought within twelve (12) months after the Customer became aware, or ought reasonably to have become aware, of the event giving rise to the claim, unless mandatory law provides a longer period.

32.7. Any limitation of liability in these Terms also applies to our directors, employees, contractors, agents, affiliated parties, and auxiliary persons.

33. Indemnity

33.1. The Customer shall indemnify, defend, and hold harmless Atelier UMA and its directors, employees, agents, and contractors from and against all claims, losses, liabilities, damages, costs, and expenses arising out of:
a. inaccurate information supplied by the Customer;
b. Customer misuse of Products or deliverables;
c. Customer breach of these Terms;
d. Customer violation of law or third-party rights;
e. site conditions under the Customer’s control; or
f. materials or instructions supplied by the Customer.

33.2. This clause does not apply to the extent the claim results from Atelier UMA’s own liability that cannot lawfully be excluded or limited.

34. Force Majeure

34.1. Atelier UMA is not liable for any failure or delay in performance caused by Force Majeure.

34.2. During a Force Majeure event, our obligations are suspended for the duration of the event and any reasonable recovery period.

34.3. If a Force Majeure event continues for an extended period, either party may terminate the affected part of the Agreement by written notice, without liability for damages, except for obligations already accrued and costs already reasonably incurred.

34.4. Atelier UMA may invoice for work performed, goods ordered, costs incurred, and commitments entered into before termination due to Force Majeure.

35. Suspension and Termination

35.1. Atelier UMA may suspend performance or terminate the Agreement in whole or in part, with immediate effect where legally permitted, if:
a. the Customer fails to pay on time;
b. the Customer breaches these Terms;
c. the Customer provides false or misleading information;
d. the Customer becomes insolvent, enters liquidation, seeks protection from creditors, or ceases business;
e. sanctions, export restrictions, or legal compliance concerns arise; or
f. the continuation of the relationship can no longer reasonably be expected.

35.2. In case of termination, all amounts due become immediately payable, without prejudice to our right to damages and recovery of costs.

35.3. If the Customer cancels a project, procurement process, or custom order after conclusion of the Agreement, the Customer remains liable for all work performed, time reserved, commitments made, supplier charges, restocking costs if any, and lost margin to the extent permitted by law.

35.4. Termination does not affect clauses that by their nature should survive termination, including those on payment, liability, intellectual property, confidentiality, dispute resolution, and governing law.

36. Consumer Complaints

36.1. Consumers may submit complaints to info@atelieruma.com with a clear description of the complaint, the order details, and any supporting information.

36.2. Atelier UMA aims to respond within a reasonable time.

36.3. This internal complaints process does not affect any statutory rights or legal remedies available to Consumers.

37. Business Customer Complaints and Escalation

37.1. Business Customers must raise complaints in writing promptly and with adequate documentation.

37.2. The Business Customer must allow Atelier UMA a reasonable opportunity to investigate and remedy any issue before initiating legal proceedings.

38. Governing Law

38.1. These Terms, the Agreement, and any non-contractual obligations arising out of or in connection with them shall be governed by the laws of the Netherlands.

38.2. If you are a Consumer residing in another country, you may also benefit from mandatory provisions of the law of your country of residence to the extent such protections cannot be derogated from by agreement.

38.3. Nothing in these Terms deprives Consumers of mandatory protections under applicable consumer law.

39. Jurisdiction and Dispute Resolution

39.1. Any dispute arising out of or in connection with these Terms or the Agreement shall be submitted to the competent court in the Netherlands, unless mandatory law requires otherwise.

39.2. If the Customer is a Consumer, mandatory jurisdiction rules that apply under applicable law remain unaffected.

39.3. Before commencing formal proceedings, the parties shall first attempt in good faith to resolve the dispute amicably.

40. Language

40.1. These Terms may be provided in English and/or another language.

40.2. In the event of discrepancy between versions, the English version shall prevail unless mandatory law requires otherwise.

41. Entire Agreement

41.1. These Terms, together with any accepted quotation, order confirmation, invoice, and any expressly incorporated policies, constitute the entire agreement between the parties regarding the subject matter concerned.

41.2. The Customer may not rely on oral statements, representations, or promises not expressly recorded in writing by Atelier UMA.

42. Contact

Questions regarding these Terms may be sent to:

Atelier UMA
Erasmusweg 22
4834 AA Breda
The Netherlands
Email: info@atelieruma.com
Website: www.atelieruma.com
Chamber of Commerce (KvK): 56902840
VAT: NL003424272B77