Terms and conditions

The following definitions are used in these Terms:

cooling-off period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a professional or commercial activity and who concludes a distance contract with the trader;

Day: Calendar day;

Term Contract: a distance contract relating to a set of products and/or services whose obligation to supply and/or purchase extends over a specified period of time;

Durable medium: any means that allows the consumer or trader to store information addressed to him personally in such a way that the information stored can be consulted in the future and displayed unaltered.

Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;

trader: the natural or legal person who offers products and/or services to consumers at a distance;

"distance contract" means an agreement in which one or more distance communication techniques are used, within the framework of a system organised by the trader for the distance sale of goods and/or services, until the conclusion of the contract;

Technique of long-distance communication: Means by which a contract can be concluded without the need for consumers and traders to be in the same room at the same time.

Conditions: The general terms and conditions of the entrepreneur.

Article 2 – Identity of the trader

Name of the organization: MuseMode 
Operating name: MuseMode 

Suite C, Level 3, Herengracht 221, Centrum, Amsterdam
Email:  info@musemode-outdoor.com

Selling products for the fashion industry by trading with third-party vendors who deliver the goods for us directly to the customers

Article 3 – Applicability

These General Terms and Conditions apply to any offer made by the Entrepreneur and to any distance contract concluded between the Entrepreneur and the Consumer, as well as to any Order.

Before concluding the distance contract, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonable, it is pointed out before concluding the distance contract that the general terms and conditions can be viewed at the business premises of the entrepreneur and will be sent free of charge as soon as possible at the request of the consumer.

Without prejudice to the preceding paragraph and prior to the conclusion of the distance contract, if the distance contract is concluded by electronic means, the text of these General Terms and Conditions may be made available to the consumer electronically in a manner that can be stored by the consumer on a durable medium. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the request of the consumer.

If, in addition to these General Terms and Conditions, special product or service conditions apply, the provisions of paragraphs 2 and 3 shall apply mutatis mutandis and the Consumer may always invoke the provision most favourable to him in the event of conflicting General Terms and Conditions.

If, at any time, one or more provisions of these Terms and Conditions are void or voidable, in whole or in part, the Agreement and these General Terms and Conditions shall remain in force and the provision in question shall be immediately replaced by a provision that most closely matches the intent of the original provision.

For situations not regulated in these Terms and Conditions, the spirit of these Terms and Conditions must be observed.

Any ambiguity about the explanation or content of one or more provisions of our General Terms and Conditions shall be construed in accordance with these General Terms and Conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is submitted under certain conditions, this will be explicitly stated in the offer.

The offer is subject to change. The entrepreneur has the right to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a reasonable assessment of the offer. If the Entrepreneur uses images, they represent a true representation of the products and/or services offered. Obvious errors or errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot give rise to any claim for damages or termination of the contract.

The images attached to the products are a true representation of the products offered. The Entrepreneur cannot guarantee that the colors displayed will exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This applies in particular:

• the price is inclusive of taxes;
• any shipping costs;
• the manner in which the contract is concluded and what measures are required to achieve it;
• whether the right of withdrawal applies or not;
• the method of payment, delivery and performance of the contract;
• the deadline for acceptance of the offer or the period within which the contractor guarantees the price;
• the tariff for long-distance communications, if the cost of using the means of communication is calculated on a basis other than the regular basic tariff;
• whether the contract will be archived after it has been concluded and, if so, how the consumer can view it;
• the way in which the consumer can verify and, if necessary, correct the information provided by him under the contract before concluding the contract;
• all other languages in which the contract may be concluded in addition to Dutch;
• the codes of conduct to which the trader has subscribed and the way in which the consumer can consult those codes of conduct electronically; And
• the minimum term of the distance contract in the case of a long-term transaction. Optional: available sizes, colours, types of materials.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the contract is concluded at the moment when the consumer accepts the offer and fulfils the applicable conditions.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance by the trader has not been confirmed, the consumer may withdraw from the contract.

If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic data transmission and to ensure a secure web environment. If the consumer is able to pay electronically, the trader will take appropriate security measures.

Within the framework of the legal provisions, the trader may inquire whether the consumer is able to meet his payment obligations, as well as about all facts and factors relevant to the responsible conclusion of the distance contract. If, as a result of this investigation, the Entrepreneur has good reasons for not concluding the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

With the product or service, the trader will send the following information to the consumer in writing or in such a way that it can be stored on a durable medium accessible to the consumer:

a. the visiting address of the trader's establishment, to which the consumer may address with complaints;

B. the conditions and the way in which the consumer can exercise the right of withdrawal, or a clear statement on the exclusion of the right of withdrawal;

C. information about warranties and existing after-sales service;

D. the information contained in Article 4(3) of these Terms and Conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract;

e. the conditions for termination of the contract if the contract has a term of more than one year or is indefinite.

In the case of a long-term service contract, the provision in the preceding paragraph applies only to the first delivery.

Each contract is concluded subject to the condition precedent of sufficient availability of the products concerned.

If a customer has ordered, but after placing the order, it turns out that the relevant size, color or product is out of stock, we will contact them three times. If there is no response from the customer after three attempts, we will ship the next available size or color.

If there are any problems with the address details, we will contact the customer up to three times. If the customer continues to fail to respond, it is the customer's responsibility to get in touch with us so that we can find a solution together and things can be resolved.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option of withdrawing from the contract within 30 days without giving any reason. This cooling-off period starts on the day following receipt of the product by the consumer or by a representative appointed in advance by the consumer and communicated to the trader.

During the withdrawal period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he/she exercises his/her right of withdrawal, he/she will return the Product to the Trader, with all the accessories supplied and, as far as reasonably possible, in its original condition and packaging, in accordance with the Entrepreneur's reasonable and clear instructions.

If the consumer wishes to exercise his right of withdrawal, he must inform the trader within 14 days of receipt of the goods. The consumer must do so in the form of a written notice/email. Once the consumer has declared that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must be able to prove that the delivered product has been returned on time, for example by providing proof of postage.

If, after the expiry of the deadlines referred to in paragraphs 2 and 3, the consumer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the trader, the purchase shall be considered a fact.

Article 7 – Costs of withdrawal

If the consumer makes use of his right of withdrawal, the consumer bears the costs of returning the goods.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The prerequisite for this is that the goods have already been returned to the entrepreneur or conclusive proof of the complete return can be presented.

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of revocation only applies if the entrepreneur clearly declares this in the offer or at least in good time before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for products:

a. produced by the trader according to the consumer's specifications;

which are clearly of a personal nature;

C. which, due to their nature, cannot be returned;

D. which may deteriorate or age rapidly;

e. the price of which depends on fluctuations in the financial market over which the entrepreneur has no control;

F. for loose newspapers and periodicals;

G. for audio and video recordings and computer software, the seal of which has been opened by the consumer;

H. for hygiene products whose seal has been opened by the consumer.

The exclusion of the right of withdrawal is only possible for services:

a. for accommodation, transport, catering or leisure activities carried out on a specific date or period;

B. the supply of which has been commenced with the express consent of the consumer before the expiry of the withdrawal period;

C. in relation to betting and lotteries.

Article 9 – The price

During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, except due to changes in VAT rates.

Unlike the previous paragraph, the entrepreneur may offer products or services with variable prices that depend on fluctuations in the financial market over which the entrepreneur has no control. This dependence on fluctuations and the fact that the prices quoted are indicative prices must be indicated in the tender.

Price increases within 3 months of the conclusion of the contract are only permitted if they are based on legal provisions or regulations.

Price increases from 3 months after the conclusion of the contract are only permissible if the entrepreneur has agreed to this and:

a. they arise from legal provisions or regulations; or

B. The consumer has the right to terminate the contract from the day on which the price increase takes effect. The prices quoted in the offer of products or services are inclusive of VAT.

All prices are subject to printing and typesetting errors. No liability is assumed for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 – Conformity and guarantee

The Entrepreneur warrants that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements for quality and/or usability, as well as the legal and/or official provisions in force at the time the contract is concluded. If agreed, the entrepreneur also warrants that the product is suitable for use other than the usual one.

A guarantee of the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

Defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the warranty period of the manufacturer. However, the entrepreneur is not responsible for the final suitability of the products for each individual application by the consumer, nor for any indications regarding the use or application of the products.

The warranty is void if:

the consumer repairs and/or modifies the products supplied himself or has them repaired and/or altered by a third party;

The delivered products have been subjected to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the Contractor and/or have been treated on the packaging;

The defectiveness is due, in whole or in part, to regulations issued or to be issued by the government concerning the type or quality of the materials used.

Article 11 – Delivery and execution

The Entrepreneur will exercise the greatest possible care when receiving and executing product orders.

The place of delivery is considered to be the address provided by the consumer to the company.

In compliance with the provisions of Article 4 of these General Terms and Conditions, the Entrepreneur will execute accepted orders as soon as possible, but no later than within 30 days, unless the Consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after the order has been placed. In this case, the consumer has the right to terminate the contract free of charge and be entitled to compensation.

In the event of dissolution pursuant to the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.

If the delivery of an ordered product proves impossible, the entrepreneur will endeavour to find a replacement. At the latest upon delivery, it will be clearly and comprehensibly communicated that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of the return shipment are at the expense of the entrepreneur.

The risk of damage and/or loss of the products lies with the trader until the time of delivery to the consumer or a representative appointed in advance to the trader, unless otherwise expressly agreed.

Article 12 – Forward Contracts: Duration, Termination and Renewal

Termination

The consumer may terminate a contract concluded for an indefinite period for the regular supply of products (including electricity) or services at any time, subject to compliance with the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract concluded for the regular supply of goods (including electricity) or the provision of services at any time at the end of the term, subject to compliance with the agreed termination rules and a notice period of up to one month.

The consumer may modify the agreements as mentioned in the previous paragraphs:

• can be terminated at any time and is not limited to a specific period of time;
• at least in the same way as he completed them;
• always end with the same notice period that the entrepreneur has set for himself.

A

contract concluded for a specific period of time, which extends to the regular supply of goods (including electricity) or services, cannot be tacitly renewed or renewed for a specific term.

By way of derogation from the preceding paragraph, a contract concluded for a specified period of time covering the regular delivery of daily, news, weekly newspapers and periodicals may be tacitly renewed for a fixed period not exceeding three months, provided that the consumer may terminate the renewed contract at the end of the renewal period with a maximum notice period of one month.

A contract concluded for a specified period of time, which covers the regular supply of goods or services, may only be tacitly renewed for an indefinite period if the consumer may terminate the contract at any time with a maximum notice period of one month, and with a notice period of no more than three months if the contract relates to the regular, but receives less than monthly deliveries of daily, news, weekly newspapers and magazines.

A fixed-term contract for the regular delivery of daily, news, weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a term of more than one year, the consumer may terminate the contract at any time after the expiry of one year with a maximum notice period of one month, unless termination before the end of the agreed term is not possible according to standards of reasonableness and equity.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in the payment data communicated or provided to the trader.

In the event of non-payment by the consumer, the trader is entitled, subject to the legal limitations, to charge the reasonable costs communicated to the consumer in advance.

Article 14 – Complaints procedure

Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days after the consumer discovers the defects, fully and clearly described.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint foreseeably requires a longer processing time, the trader will reply within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, a dispute arises and is subject to dispute resolution.

A complaint does not override the Entrepreneur's obligations, unless the Entrepreneur states otherwise in writing.

If a complaint is considered by the Entrepreneur to be justified, the Entrepreneur will, at his option, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these General Terms and Conditions apply shall be governed exclusively by Dutch law. Even if the consumer lives abroad.