Terms and conditions
GENERAL TERMS AND CONDITIONS
ARTICLE 1: Definitions
In these general terms and conditions, the following terms are used with the meanings set out below, unless expressly stated otherwise:
1.1 General Terms and Conditions: These General Terms and Conditions, applicable to the legal relationship between the Customer and Shapetape. Distance selling of Shapetape's Articles presumes familiarity with these General Terms and Conditions, as well as their acceptance;
1.2 Account: an account created by the Customer via the Shapetape.nl website.
1.3 Order: an order placed by the Customer via the Webshop for one or more Shapetape products. Business Customers can also place an order via email or phone.
1.4 Articles: the products that Shapetape sells via the Webshop.
1.5 Customer: the natural or legal person who enters into an Agreement with Shapetape.
1.6 Agreement: the purchase agreement (distance) that the Customer enters into with Shapetape for the purchase of one or more Shapetape articles.
1.7 Parties: Shapetape and the Customer collectively.
1.8 Return Policy: Shapetape's policy regarding the return of articles.
1.9 Cooling-off period: the period within which the Customer can exercise his/her right of withdrawal;
1.10 Intellectual property: all intellectual property rights of Shapetape, including copyright, design rights, and trademark rights;
1.11 Personal data: any information relating to an identified or identifiable natural person;
1.12 Webshop: the online store on Shapetape's website (URL: www.shapetape.nl)
1.13 Website: Shapetape's website (URL: www.shapetape.nl)
1.14 Business Customer(s): The Customer who is a natural person acting in the exercise of a profession or business and the Customer who is a legal entity.
1.15 Force Majeure: any circumstance beyond Shapetape's control – even if it was foreseeable at the time the Agreement was concluded in Shapetape's business or that of its suppliers, and furthermore, all circumstances whereby Shapetape cannot reasonably be required to fulfill the Agreement.
1.16 Non-attributable shortcoming: including war, threat of war, riot, fire, factory disruption, strike, system/software failure, blockades, lockout, traffic disruption, illness of personnel, failure or late fulfillment of obligations by third parties;
1.17 Compani B.V., trading under the name: "Shapetape", registered with the Chamber of Commerce under number 97662968.
ARTICLE 2: Agreement & applicability of general terms and conditions
2.1 These General Terms and Conditions apply to every offer from Shapetape and to every concluded distance Agreement between Shapetape and the Customer, as well as to all offers and assignments, however named, whereby Shapetape undertakes or will undertake to perform services for the Customer and/or to deliver Articles.
2.2 The text of these General Terms and Conditions will be made available to the Customer electronically in such a way that they can be easily stored by the Customer. These General Terms and Conditions can also be consulted at any time on Shapetape's website. These General Terms and Conditions will be sent to the Customer free of charge upon request. Any general (purchase) terms and conditions of the Customer are expressly rejected by the Parties.
2.3 Deviations and/or additions to these General Terms and Conditions are only valid if expressly agreed upon in writing. This consent never implies that the deviating terms also apply to the Customer for other agreements between Shapetape and the Customer.
2.4 If any condition in these General Terms and Conditions and a condition included in the Agreement are contradictory, the condition included in the Agreement shall apply with regard to the contradiction.
2.5 If any provision of these General Terms and Conditions is invalid, the remaining provisions of these General Terms and Conditions shall remain in force. The relevant invalid provision(s) will be replaced by another, valid provision that will approximate the intended consequences of the invalid provision as closely as possible.
2.6 If a Business Customer has placed an order with Shapetape via phone or email, these general terms and conditions will be provided to the Customer via email.
2.7 Shapetape is not bound by an Agreement that has come about due to an obvious error or mistake on the part of Shapetape, such as, for example, an unusually low price.
ARTICLE 3: Agreement, Order Process & Account
3.1 Any offer made by Shapetape is always without obligation. Shapetape may withdraw an offer, without stating reasons.
3.2 The Agreement between the Customer and Shapetape is concluded at the moment the Customer accepts Shapetape's offer. The Agreement is concluded electronically, by filling in the required fields and agreeing to the General Terms and Conditions.
3.3 To order one or more Articles, the Customer must provide Shapetape with personal data for the execution of the Agreement. This data must always be up-to-date and correct, otherwise Shapetape may not be able to execute the Agreement correctly and therefore declare it invalid.
3.4 By entering into the Agreement with Shapetape, the Customer gives Shapetape permission to process the Customer's personal data for the execution of the Agreement. The data provided by the Customer will only be used by Shapetape in the manner indicated in Shapetape's Privacy Policy, which can be consulted on the Website.
3.5 After the Customer has made a purchase, the Customer will receive a written confirmation of the purchase by e-mail from Shapetape. This will state the Article the Customer has purchased, its cost, and where to address any complaints and comments. The Customer will receive a second e-mail when the order has been transferred to the shipping service, including the track & trace code. The Customer will receive the invoice digitally or by post.
3.6 Once the order has been placed, it is no longer possible for the Customer to change it.
3.7 If the agreements made between the Parties contain typing and/or spelling errors, Shapetape is not bound by these and Shapetape will be given the opportunity to correct these errors.
ARTICLE 4: Price & payment
4.1 The prices stated in the Webshop include VAT and exclude any shipping costs.
4.2 The Customer's payment to Shapetape will be handled via Wero, Credit Card or PayPal and must be made in advance. Shapetape will not proceed with shipping until payment for the relevant order has been received by Shapetape.
4.3 The shipping costs for the Article become visible when the Customer adds the Article to the shopping cart.
4.4 The Customer expressly waives the right to discount or set-off.
4.5 For information about shipping costs and delivery times, please visit our shipping & delivery page.
ARTICLE 5: Order processing & delivery
5.1 The Order placed by the Customer will be delivered to the delivery address specified by the Customer. Shapetape endeavors to deliver a placed Order to the Customer as quickly as possible, but since Shapetape is dependent on a third party for delivery, it cannot guarantee that an Order will be delivered within the stated delivery time.
5.2 When the Customer has an Order delivered outside the Schengen countries, additional levies, such as import tax, may be charged. Such costs are for the account of the Customer, and the Customer is responsible for informing themselves about such additional costs before placing an Order.
5.3 Ownership of the ordered Articles transfers from Shapetape to the Customer at the moment full payment has been credited to Shapetape's bank account.
ARTICLE 6: Return Policy & Right of Withdrawal
6.1 In the event that the Customer is a natural person who is not acting in the exercise of a profession or business, the Customer has, in accordance with the right of withdrawal, 30 days after the Order to dissolve the Agreement in whole or in part. To do this, the Customer must use the dissolution/withdrawal form sent with Shapetape's order confirmation. Please also see our return conditions for a clear overview of the return process.
6.2 When the Customer makes use of the right included in Article 6.1 of these general terms and conditions, the Customer is obliged to return the Articles to be returned to the return address specified by Shapetape within 30 days after Shapetape's return instructions. The direct costs of the return shipment are for the account of the Customer.
6.3 Shapetape will only proceed with a refund of the purchase amount after receiving the return shipment. The purchase amount will be refunded to the bank account used to make the Order, unless expressly indicated otherwise by the Customer.
6.4 Shapetape is not obliged to refund the purchase amount if misuse of the Return Policy is found, if damage is due to the Customer's actions, or if the Order has been used by the Customer within the stipulated 14-day period.
ARTICLE 7: Quality of the Products
7.1 The Articles comply with the Agreement and the specifications stated in the offer. The statutory warranty applies to every Article that Shapetape supplies to the Customer. The term of the warranty depends on the Article concerned. For questions about the warranty period, the Customer can contact Shapetape.
7.2 If the Article shows defects within the warranty period, Shapetape will replace the Article. If replacement is not possible, Shapetape will refund the full purchase price to the Customer. This does not apply if the Customer has handled the Article carelessly, or in cases of intent.
7.3 Complaints about Articles never give the right to suspend payment obligations.
ARTICLE 8: Privacy Policy
8.1 Shapetape respects the privacy of the Customer and strives to process the Customer's (personal) data correctly and securely. Shapetape refers the Customer to the Privacy Policy on the Website for a detailed overview.
8.2 Shapetape processes personal data in accordance with applicable privacy legislation. For more information, please refer to the privacy policy on the website. View our privacy policy.
ARTICLE 9: Liability
9.1 Shapetape's liability for damages resulting from an attributable shortcoming in the performance of this processor agreement is, per event (a series of consecutive events counts as one event), limited to compensation for direct damage, up to a maximum of the amount of fees received by Shapetape for the activities under this Processor Agreement during the month preceding the damage-causing event. Shapetape's liability for direct damage will never exceed the amount covered by Shapetape's liability insurance.
9.2 Shapetape's liability for indirect damage is excluded. Indirect damage is understood to mean all damage that is not direct damage. Indirect damage in any case includes consequential damage, loss of profit, missed savings, reduced goodwill, damage due to business interruption, damage related to the use of data or databases prescribed by the Controller, or damage due to loss, mutilation or destruction of data or databases.
9.3 Unless performance by Shapetape is permanently impossible, Shapetape's liability due to an attributable shortcoming in the performance of the agreement only arises if the customer immediately gives Shapetape written notice of default, whereby a reasonable term for remedying the shortcoming is set, and Shapetape also attributable continues to fail to fulfill its obligations after that term. The notice of default must contain as complete and detailed a description of the shortcoming as possible, so that Shapetape is given the opportunity to respond adequately.
9.4 Any claim for damages by the customer against Shapetape that is not specified and explicitly reported, expires by the mere lapse of twelve (12) months after the claim arose.
ARTICLE 10: Complaints Procedure
10.1 Shapetape aims to continuously improve its service and welcomes feedback from the Customer. If you have a question, comment, or complaint about Shapetape's performance of the Agreement, please send an email to info@shapetape.nl. Shapetape will respond to your message within a reasonable timeframe. Want to collaborate with our brand? Visit our content creators page.
ARTICLE 11: Complaints Procedure
11.1 Shapetape is not obliged to fulfill any obligation if prevented from doing so by force majeure. Force majeure is understood to mean any circumstance beyond Shapetape's control that makes performance reasonably impossible.
11.2 A shortcoming not attributable to Shapetape is considered permanent if the relevant performance cannot be carried out within a reasonable period after the circumstances occurred. This reasonable period is deemed to be at least 14 days.
11.3 If the performance can be carried out within a reasonable period, the shortcoming is not permanent and neither Shapetape, nor the Customer can dissolve the agreement. Shapetape's obligation to perform is suspended without Shapetape being liable to the Customer for any compensation for damage or benefit.
Article 12 Intellectual property
12.1 Unless otherwise agreed in writing, all intellectual property rights relating to the Products belong to Shapetape. These rights are not transferred.
12.2 The Customer is expressly forbidden to reproduce, disclose or exploit the Products of Shapetape, whether or not with the involvement of third parties.
12.3 The Customer is not permitted to provide Products from Shapetape to third parties.
12.4 The Customer is not permitted to change any indication concerning intellectual property rights, trademarks and trade names from what has been delivered by Shapetape, or to have such transactions performed by a third party. Do you have feedback? Let us know via thank you for your feedback.
ARTICLE 13: Final provisions
13.1 If one or more provisions of the Agreement or of these General Terms and Conditions prove to be invalid, this Agreement shall otherwise remain in force. Parties shall consult on the provision(s) that is/are not legally valid, in order to make a replacement arrangement that is legally valid and that is as close as possible to the purport of the provision(s) to be replaced.
13.2 Disputes between Parties, including those considered as such by only one of the Parties, shall be resolved as far as possible through good consultation.
13.3 If Parties cannot reach a solution amicably, the competent court is designated to settle any disputes.
13.4 All agreements concluded with Shapetape or obligations arising therefrom and these general terms and conditions are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention (CISG April 11, 1980) is expressly excluded.
13.5 Shapetape is entitled to amend these General Terms and Conditions. The amended provision(s) shall enter into force on the date specified in the amendment decision. A new version of the General Terms and Conditions will be available for reading and downloading on Shapetape's website after the amendment. Would you like to check the status of your order? Go to track your order.
For questions or feedback about our terms and conditions, please contact us. After your response, you will see our thank you page.
