Seller
Feral Disco (“Feral Disco”, “we”, “us”), trading from Wilhelminakade 1026, 9717 AC Groningen, the Netherlands. KvK 72840684. BTW NL002470831B38. Contact.
1. Applicability
1.1 These conditions apply, to the exclusion of any other conditions, to all offers, agreements and deliveries regarding products and services created or offered by Feral Disco, including custom commissions, collection pieces and shop purchases via feraldisco.com.
1.2 Definitions used in these General Conditions:
- Feral Disco: the brand and seller of the products; operated by Nina Knappe.
- Buyer: Feral Disco’s counterparty.
- Consumer: a Buyer not acting in the conduct of a profession or business.
- Consumer Purchase: a purchase between Feral Disco and a Consumer.
- Distant Purchase: a Consumer Purchase whereby the agreement is concluded via the Internet, email or similar means of distance communication.
- Commission: a made-to-order artwork produced according to the Buyer’s specifications (wording, colours, size, design choices and similar).
2. Offers and agreements
2.1 An offer or quotation will be without commitment, unless it relates to a Consumer Purchase, and will be valid during the specified term or while stocks last. Commission quotes may state a validity date.
2.2 Unless Feral Disco has expressly stated another manner of conclusion, agreements between Feral Disco and the Buyer will be concluded upon written confirmation by Feral Disco (including confirmation by email) and/or upon the Buyer’s acceptance of a commission agreement or checkout confirmation. An automatically generated electronic message may form part of that confirmation. Feral Disco reserves the right to refuse an order.
2.3 For commissions, the signed commission agreement (including the accepted design / render where applicable) forms part of the agreement. Once production has started, wording and design can no longer be changed.
2.4 Feral Disco will have the right to make use of third parties in the performance of the agreement (for example shipping carriers or payment providers). Rights and claims stipulated in these Conditions for the benefit of Feral Disco equally apply to agents and other third parties engaged by Feral Disco.
3. Prices
3.1 Prices are stated in euros and are as shown on the website, quote, commission agreement or checkout. Applicable VAT treatment (including Dutch inland VAT, reverse charge or export) is stated on the invoice or agreement where relevant.
3.2 If the prices of materials, wages, import duties, taxes or other external costs increase after the conclusion of the agreement (whether or not due to currency fluctuations), Feral Disco will have the right to adjust the purchase price to that increase for non-consumer Buyers. Feral Disco must inform the Buyer as soon as possible, after which the Buyer will have the right to dissolve the agreement, unless delivery will take place more than three months after the purchase or the increase is due to a statutory price increase. Mandatory consumer protections remain unaffected.
4. Delivery
4.1 Specified delivery and production terms are estimates and will not be of the essence, unless otherwise expressly agreed in writing. If a term is exceeded, the Buyer must give Feral Disco written notice of default.
4.2 Estimated production time for commissions is typically 3–6 weeks after receipt of the deposit (or after full payment where no deposit schedule applies), unless another date is stated on the offer or agreement. The term does not commence until Feral Disco has received any required information from the Buyer and any stipulated advance payment.
4.3 Delivery to Consumers takes place at the address stated by the Buyer, including delivery to a collection point or to neighbours/third parties as arranged with the carrier. Risk in the products passes to the Buyer on delivery, subject to mandatory consumer law.
4.4 If the Buyer refuses to take delivery, provides incorrect or incomplete delivery details, or delivery is otherwise impossible for reasons attributable to the Buyer, Feral Disco may charge resulting costs (including storage, return and re-delivery), with a minimum administrative fee of €25, and may dissolve the agreement without prejudice to the right to claim damages.
5. Retention of title
5.1 All products delivered remain Feral Disco’s property until the Buyer has fulfilled all obligations towards Feral Disco under the agreement.
5.2 If the Buyer is acting in the conduct of a profession or business, the Buyer may resell products that remain Feral Disco’s property only in the normal course of business, and must fully cooperate if Feral Disco reclaims products after a failure to perform.
6. Cancellation, dissolution and returns
6.1 The Buyer may amend or cancel an order only with Feral Disco’s prior consent. If Feral Disco has already incurred costs or will incur costs as a result, those costs may be charged to the Buyer.
6.2 In the event of a Distance Purchase, the Consumer normally has the right to dissolve the purchase without stating any reason within 14 days of receipt of the products, by clear written notice (including email).
6.3 That right of withdrawal does not apply to Distance Purchases of:
- products produced according to the Buyer’s specifications (including custom commissions and personalised wording or design);
- products that are clearly of a personal nature;
- products that cannot be returned due to their nature; or
- products whose price is subject to fluctuations on the financial market beyond Feral Disco’s control.
6.4 Where a return is allowed, products may be returned only with Feral Disco’s prior written consent and in accordance with its shipping instructions. Direct return costs are payable by the Buyer unless otherwise agreed or mandatory law provides otherwise.
7. Payment
7.1 Payment methods offered may include bank transfer (IBAN) and card payment via Stripe Checkout, as shown on the commission agreement, invoice or checkout. The amount due is the amount stated there. Bank transfer is preferred for customers in the EEA.
7.2 A 2.5% card fee may apply to payments made with a credit or debit card issued outside the European Economic Area (EEA), regardless of delivery destination. This fee is not charged on cards issued within the EEA, in accordance with EU payment services regulation (PSD2).
7.3 For commissions, payment may be required in full or in instalments (for example a deposit and a balance before shipping), as stated on the agreement. Production and/or shipping may be withheld until the relevant payment has been received.
7.4 Unless otherwise agreed, invoices are payable within 14 days of the invoice date. Bank details:
- Account name: Feral Disco
- IBAN: NL48 INGB 0008 3972 22
- BIC: INGBNL2A (ING)
7.5 Goods will not be dispatched until payment that is due before shipping has been completed.
8. Right of suspension and dissolution
8.1 In addition to force majeure and Article 6, Feral Disco may suspend performance under agreements between the parties or dissolve those agreements in full or in part without notice of default or judicial intervention if:
- the Buyer is in default or Feral Disco has good reason to believe the Buyer will not perform in full and/or in time;
- liquidation, suspension of payment, bankruptcy, debt rescheduling or any other circumstance means the Buyer can no longer freely dispose of its capital; or
- circumstances occur as a result of which performance is impossible or Feral Disco cannot reasonably be required to continue the agreement unchanged.
8.2 In those cases, obligations of the Buyer fall due immediately and Feral Disco is not required to pay damages, except where dissolution is based on circumstances for which the Consumer cannot be blamed.
9. Guarantees and complaints
9.1 Products supplied by Feral Disco will meet the requirements and standards that can reasonably be set at the moment of delivery for normal use as decorative wall art. Handmade pieces may show small variations in colour, tile placement, grout and finish; such variations are inherent to the work.
9.2 In the event of use outside the Netherlands, the Buyer must verify suitability and compliance with local requirements.
9.3 The Buyer must inspect products upon receipt. Defects must be reported to Feral Disco in writing, stating reasons, within a reasonable time and in any event within 7 days of discovery, or immediately for obvious external defects.
9.4 If a product is not in conformity with the agreement and the complaint was filed in time, Feral Disco may, at its option and where reasonable, repair, replace or refund the relevant invoice amount (plus shipping costs paid where appropriate). Mandatory consumer rights remain unaffected.
9.5 Designs, images, colours, materials, dimensions and finishes shown online or in quotes are for information purposes. Minor divergences are not a reason for rejection, discount, dissolution or damages.
10. Intellectual property rights
10.1 The Buyer acknowledges that intellectual and industrial property rights in products, designs, materials and information made available by Feral Disco (including designs, patterns, know-how, photographs and the appearance of artworks) vest in Feral Disco or its licensors, unless otherwise agreed in writing.
10.2 Purchase of an artwork does not transfer copyright or the right to reproduce the design commercially. Personal, non-commercial display of the purchased piece is permitted.
10.3 If Feral Disco manufactures products on the basis of instructions, wording, logos or materials provided by the Buyer, the Buyer warrants that no third-party rights are infringed and indemnifies Feral Disco against related claims and costs.
11. Liability for damage
11.1 Feral Disco is not liable for damage caused by:
- incompetent use of products or use for a purpose other than that for which they are suitable by objective standards;
- incorrect or incomplete data provided by or on behalf of the Buyer;
- third parties engaged at the Buyer’s request or with the Buyer’s consent;
- materials or services provided by third parties at the Buyer’s request or with the Buyer’s consent; or
- misunderstandings, damage, delays or improper receipt of orders and messages due to the Internet or other means of communication.
11.2 Only direct loss attributable to Feral Disco qualifies for compensation. Liability for indirect loss (including consequential loss, loss of profits, damaged or lost data, and loss of proceeds) is excluded. For Consumer Purchases, the scope of this provision is limited to what is permitted under Article 7:24(2) of the Dutch Civil Code.
11.3 Insofar as Feral Disco is liable, liability is limited to the invoice amount for the delivery or partial delivery in question, not exceeding €45,000, and in any event limited to the amount paid out by Feral Disco’s insurer in the case in question.
11.4 The Buyer indemnifies Feral Disco against third-party claims connected with performance of the agreement where the Buyer is to blame for the cause.
11.5 The limitations in this Article do not apply in the event of intent or gross negligence on the part of Feral Disco or its executives, or in the event of product liability towards a Consumer within the meaning of Book 6, Part 3, Chapter 3 of the Dutch Civil Code.
12. Force majeure
12.1 If Feral Disco cannot perform the agreement due to force majeure, it may suspend its obligations until the event ends. If that period lasts longer than two months, either party may dissolve the agreement in respect of the products affected, without being required to compensate the other party’s loss. The Buyer remains obliged to pay for products already delivered.
12.2 Force majeure includes, in addition to its meaning in law and case law, all external causes beyond Feral Disco’s control, foreseen or unforeseen, as a result of which Feral Disco cannot fulfil its obligations (including supply shortages of materials, carrier disruption, illness and comparable circumstances).
13. Dutch law and competent court
13.1 These Conditions and the agreements to which they apply are governed by Dutch law, including where performance takes place abroad in full or in part or the Buyer resides abroad. The Vienna Sales Convention is excluded.
13.2 Disputes will be submitted to the court of the place where Feral Disco has its registered office, unless mandatory rules provide otherwise. Feral Disco may also submit the dispute to the court that has jurisdiction according to the law. For Consumer Purchases, the court of the Consumer’s place of residence is competent where mandatory law so requires.
13.3 The parties will submit a dispute to the court only after they have made every reasonable effort to settle it in consultation.
14. Other provisions
14.1 The English text of these General Conditions is the working text for feraldisco.com. If a Dutch version is published later, the Dutch text will be decisive in interpretation where the versions conflict, unless mandatory law provides otherwise.
14.2 Amendments to these Conditions are valid only if recorded in writing (including publication on this page with an updated date). If any provision is invalid or unenforceable, the remaining provisions continue to apply.
14.3 Questions about these terms: contact.