TERMS & CONDITIONS

Article 2. Applicability

2.1 These General Terms and Conditions apply to every offer from Shape Muse, every order by the Consumer, and every Distance Agreement concluded between Shape Muse and the Consumer. 

2.2 Before the Agreement is concluded, the text of these General Terms and Conditions will be made available to the Consumer. 

2.3 If the Agreement is concluded electronically, the text of these General Terms and Conditions will be provided to the Consumer electronically in such a way that the Consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the Agreement is concluded where the General Terms and Conditions can be viewed electronically and that they will be sent free of charge at the Consumer’s request either electronically or otherwise. 

2.4 The Consumer is required to accept the General Terms and Conditions before the Agreement is concluded. Without this acceptance, no Agreement will be concluded. By placing an order via the webshop and ticking the box stating "I’ve read and accept the terms & conditions," the Consumer accepts the General Terms and Conditions.

 

Article 3. Offers
3.1 All offers from Shape Muse are non-binding unless explicitly stated otherwise, and can be withdrawn by Shape Muse. Shape Muse expressly reserves the right to change prices if a change in the VAT rate necessitates it. If an offer changes after the Agreement has been concluded, the Consumer has the right to cancel the Agreement and the order within 8 calendar days after notification of the change in the offer by Shape Muse. 
3.2 Offers do not automatically apply to repeat orders, and Shape Muse reserves the right to change the prices of the offers. 
3.3 All offers are valid: while supplies last or for the duration indicated on the Website. If the offer period is exceeded, the offer expires automatically, and the Consumer can no longer use the offer. 
3.4 The offer contains a complete and accurate description of the offered Products. The description is sufficiently detailed to allow the Consumer to make a proper assessment of the offer. If Shape Muse uses images, these are a truthful representation of the offered Products. An obvious mistake or error in the offer does not bind Shape Muse.

 

Article 4. Orders
4.1 Consumers can place orders using the methods described on the Website. 
4.2 If Shape Muse has valid reasons, it is entitled to refuse an order or to impose special conditions on the Agreement. In that case, the Agreement will be canceled or modified. If the Consumer does not agree with the change to the Agreement, the Consumer has the right to cancel the Agreement and the order within 8 calendar days after notification of the change by Shape Muse. 
4.3 If Shape Muse does not accept an order or wishes to impose special conditions on the Agreement, it will notify the Consumer no later than 7 calendar days after receiving the order. 
4.4 Shape Muse does not accept orders if it cannot establish the Consumer's residential address. 
4.5 Shape Muse can, within the legal limits, check whether the Consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into the Agreement. If, based on this investigation, Shape Muse has valid reasons not to enter into the Agreement, it is entitled to refuse a motivated order or application or to attach special conditions to the execution of the Agreement.

 

Article 5. Conclusion of the Agreement
5.1 The Agreement is concluded, subject to the provisions of article 4, at the moment the Consumer places an order with Shape Muse based on Shape Muse's offer, thus accepting the offer, and the Consumer meets the stated conditions. 
5.2 Before the Consumer can proceed with the payment of the Products, the Consumer is shown an overview of the selected Products. 
5.3 Shape Muse will confirm receipt of the order electronically (via email). 
5.4 If and insofar as the Agreement is concluded electronically, Shape Muse will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the Consumer can pay electronically, Shape Muse will take appropriate security measures.
 

Article 6. Prices, Payments, and Shipping Costs
6.1 The prices listed on the Website are in Euros, including VAT and shipping costs within the Netherlands, excluding shipping costs for delivery outside the Netherlands, unless stated otherwise or agreed in writing. 
6.2 For deliveries outside the Netherlands, the shipping costs will be specified separately before the moment of ordering. This contribution may depend on the order size, delivery location, and the chosen shipping method. 
6.3 After an order, the Consumer will immediately receive an email confirmation with the total costs, including shipping costs. 
6.4 The Consumer can pay for the ordered Products in advance through iDEAL, PayPal, or credit card. The Consumer also has the option to pay for the Products in cash before delivery at the address of Shape Muse. 
6.5 When paying by credit card, Shape Muse reserves the right to check whether the credit card is valid, whether there is sufficient spending limit to cover the purchase amount, and whether the Consumer's address details are correct. Shape Muse reserves the right to refuse the purchase with a credit card. 
6.6 The Consumer is obligated to immediately report inaccuracies in the provided or stated payment details to Shape Muse. 
6.7 If the Consumer does not timely meet their payment obligations, and after being notified of the late payment by Shape Muse, the Consumer is granted a 14-day period to still fulfill the payment obligations, after which failure to pay within this 14-day period will result in the Consumer owing legal interest on the outstanding amount, and Shape Muse is entitled to charge the extrajudicial collection costs incurred by it. These collection costs are a maximum of: 15% on outstanding amounts up to €2,500, 10% on the subsequent €2,500, and 5% on the following €5,000, with a minimum of €40. Shape Muse can deviate from the mentioned amounts and percentages to the benefit of the Consumer.
 

Article 7. Delivery and Risk

7.1 Shape Muse exercises the utmost care in receiving orders and shipping the ordered Products. 

7.2 Shape Muse ships the accepted and paid orders as soon as possible in the order they are received. 

7.3 The order is delivered to the address specified by the Consumer. If the Consumer is not home at the time of delivery, Shape Muse is entitled to deliver the Products to the Consumer's neighbors. Shape Muse strives to execute accepted orders with appropriate speed, but no later than thirty calendar days after the order has been accepted, unless another delivery term has been agreed. 

7.4 If delivery is delayed or if an accepted and paid order cannot be delivered, or only partially, the Consumer will be notified within thirty calendar days of placing the order. In that case, the Consumer has the right to cancel the Agreement free of charge. In the event of cancellation, Shape Muse will refund the amount paid as soon as possible, but no later than two weeks after the written cancellation. 

7.5 The risk of damage and/or loss of the Products rests with Shape Muse until the moment of delivery to the Consumer at the specified address, or the neighbors if the Consumer is not home at the time of delivery, unless otherwise expressly agreed.

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Article 8. Right of Withdrawal
8.1 The Consumer has the right to cancel the Agreement without stating reasons during fourteen (14) calendar days, counted from the day of receipt of the Product or the last Product if several Products were ordered in the same order. The Right of Withdrawal explicitly does not apply if the Product is produced according to the Consumer's specifications and/or if the Product has been engraved or personalized, and/or if the sticker/seal of the Product has been broken.
8.2 To exercise the Right of Withdrawal, the Consumer must notify Shape Muse within the Cooling-off Period by email or post using the withdrawal form provided by Shape Muse or another unequivocal statement. Shape Muse will confirm receipt of the withdrawal without delay.
 8.3 During the Cooling-off Period, the Consumer will handle the Product and its packaging with care. The ConsuProduct to the extent necessary to assess whether they wish to keep the Product. If the Consumer exercises the Right of Withdrawal, they will return the Product to Shape Muse, with all delivered accessories and in the original condition and packaging, within 14 calendar days after the notification of withdrawal. 
8.4 The costs of returning the Product will be borne by the Consumer. 
8.5 If the Consumer exercises the Right of Withdrawal, Shape Muse will refund all payments received from the Consumer, including delivery costs, within 14 calendar days of receiving the returned Product. Shape Muse will use the same payment method that the Consumer used, unless the Consumer agrees to a different method. Shape Muse may withhold the refund until it has received the returned Product or until the Consumer provides proof of the return, whichever comes first.

8.6 The Consumer is liable for the depreciation of the Product if such depreciation results from handling the Product in a manner beyond what is necessary to determine the nature, characteristics, and functioning of the Product.

 

Article 9. Conformity and Warranty

9.1 Shape Muse ensures that the Products comply with the Agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or governmental regulations in force on the date of the conclusion of the Agreement. 

9.2 A warranty provided by Shape Muse, manufacturer, or importer does not affect the legal rights and claims the Consumer can assert against Shape Muse under the Agreement. 

9.3 Any defect or non-conformity of the Products must be reported to Shape Muse in writing within 14 calendar days after the discovery. The Products must be returned in the original packaging and in new condition.

9.4 The warranty does not apply if the Product is damaged due to improper use by the Consumer, or if, without written permission from Shape Muse, the Consumer or third parties have modified or attempted to modify the Product or used it for purposes for which it is not intended.

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Article 10. Complaints Procedure

10.1 Shape Muse has a complaints procedure and handles complaints in accordance with this procedure. 

10.2 Complaints about the execution of the Agreement must be submitted clearly and fully described to Shape Muse within a reasonable time after the Consumer has discovered the defects. 

10.3 Complaints submitted to Shape Muse will be responded to within 14 calendar days from the date of receipt. If a complaint requires a longer processing time, Shape Muse will notify the Consumer within 14 calendar days with an indication of when they will receive a more detailed answer. 

10.4 If the complaint cannot be resolved in mutual consultation, it becomes a dispute subject to the dispute resolution provisions of Article 11.

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Article 11. Disputes

11.1 Agreements between Shape Muse and the Consumer to which these General Terms and Conditions apply are exclusively governed by Dutch law. 

11.2 In case of disputes, the court in the district where Shape Muse has its registered office has exclusive jurisdiction, unless mandatory law prescribes otherwise.

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Article 12. Privacy

12.1 Shape Muse respects the privacy of the Consumer and processes personal data in accordance with the General Data Protection Regulation (GDPR). 

12.2 Shape Muse will only use the personal data provided by the Consumer for the purpose of processing the order and delivery of the Products, unless the Consumer has explicitly consented to another use. 

12.3 The Consumer has the right to inspect and correct their personal data. The Consumer can submit a request for access to their data or for a correction to Shape Muse via the email address.

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Article 13. Force Majeure

13.1 In the event of force majeure, Shape Muse is not obliged to fulfill its obligations towards the Consumer. Force majeure includes, but is not limited to, disturbances in telecommunications infrastructure, failure of suppliers, strikes, government measures, power failures, fire, and other disruptions or unforeseen circumstances that prevent Shape Muse from fulfilling its obligations. 

13.2 During the period of force majeure, Shape Muse's obligations will be suspended. If the period of force majeure lasts longer than two months, both parties are entitled to terminate the Agreement without any obligation to pay compensation.

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Article 14. Changes to the General Terms and Conditions

14.1 Shape Muse reserves the right to amend or supplement these General Terms and Conditions at any time. The most recent version of the General Terms and Conditions will always be available on the Website. 

14.2 Changes to the General Terms and Conditions will only apply to Agreements entered into after the changes have been published on the Website. 

14.3 If a provision of these General Terms and Conditions is declared void or otherwise invalid, this does not affect the validity of the remaining provisions. In that case, the void or invalid provision will be replaced by a provision that comes closest to the intent of the original provision.