Terms and Conditions

GENERAL TERMS AND CONDITIONS | SHAPES

 

ARTICLE 1 | DEFINITIONS

In these general terms and conditions, the following terms, always with a capital letter, have the following meanings:


  1. Shapes: the private limited company Shapes B.V., the user of these general terms and conditions, established at Lichtschip 75-H, 3991CP Houten, The Netherlands.

  2. Customer: any natural or legal person with whom Shapes has concluded or intends to conclude an Agreement.

  3. Consumer: a Customer, being a natural person, acting for purposes outside their trade, business, or profession.

  4. Parties: Shapes and the Customer jointly.

  5. Agreement: any agreement concluded via the Webshop between the Parties whereby Shapes is obligated to sell and deliver Produts to the Customer.

  6. Webshop: www.getshapesfashion.com 

  7. Products: the goods to be sold and delivered by Shapes to the Customer under the Agreement, including but not limited to various types of shapewear.

  8. Offer: the offer of one or more Products as displayed in the shopping cart in the Webshop, immediately before the Customer completes the order.

  9. Written: communication in writing, by email, or any other means of communication that can be equated with this according to the state of technology and societal norms.


ARTICLE 2 | GENERAL PROVISIONS


  1. These general terms and conditions apply to every Offer, every Agreement, and all resulting legal relationships between the Parties.

  2. The Customer's own terms and conditions, regardless of their name, do not apply to the Agreement.

  3. Deviations from these general terms and conditions are only valid if expressly agreed upon in Writing. In case of contradictions, the expressly and Written agreed terms prevail.

  4. Nullity or annulment of any provision of these terms or the Agreement does not affect the validity of the remaining provisions. Parties are obliged to replace invalid provisions with ones that align with the original intent.


ARTICLE 3 | OFFER AND CONCLUSION OF THE AGREEMENT


  1. All Offers are non-binding, even if a validity period is stated. Shapes can revoke the Offer immediately or shortly after the Customer's acceptance. If payment has already been made, Shapes will refund as soon as possible within a reasonable period.

  2. Obvious errors or mistakes in an Offer do not bind Shapes.

  3. The Agreement is concluded once the Customer has correctly completed and submitted the order via the Webshop. Shapes will confirm the Agreement via email as soon as possible.


ARTICLE 4 | RIGHT OF WITHDRAWAL FOR CONSUMERS


  1. Except as otherwise provided, a Consumer may revoke the Agreement within 14 days of receiving the Products, without giving reasons.

  2. There is no right of withdrawal for Products that are not suitable for return for reasons of health protection or hygiene, and whose seal has been broken. For example, underwear with opened seals cannot be returned.

  3. The Consumer may revoke the Agreement by using the provided model withdrawal form or by sending a written request via email.

  4. Shapes will confirm receipt of the withdrawal as soon as possible by email. The Consumer bears the burden of proof for a timely and proper withdrawal.

  5. During the withdrawal period, the Consumer must handle the Products and packaging with care and may only inspect them as necessary to assess their nature and characteristics, similar to what is allowed in a physical store.

  6. Returned Products must be undamaged, with all accessories, in original condition and packaging.

  7. The Consumer is liable for any depreciation of the returned Products due to handling beyond what is permitted. Shapes may deduct this depreciation from any refund.

  8. Products must be returned within 14 days after revocation.

  9. The Consumer bears the return shipping costs.

  10. Shapes will refund payments, minus any depreciation, as soon as possible, but no later than 14 days after revocation, provided the Products have been returned or proof of return has been provided.


ARTICLE 5 | CANCELLATION OTHER THAN WITHDRAWAL


  1. This article is without prejudice to Article 4. Article 4 prevails in case of contradiction.

  2. If the Customer cancels the Agreement after conclusion, Shapes may refuse and hold the Customer to payment obligations. If delivery is non-compliant, Articles 7 and 8 apply.


ARTICLE 6 | DELIVERY


  1. Products are delivered to the address provided by the Customer.

  2. The risk of loss and damage passes to the Customer upon receipt.

  3. In case of multiple delivery attempts, Shapes may charge the Customer additional costs.


ARTICLE 7 | INSPECTION AND COMPLAINTS


  1. The Customer must inspect the Products upon delivery for conformity and damage. Any discrepancies or damages must be reported to Shapes within five days, including clear photos in case of damage.

  2. Consumers lose the right to claim non-conformity if they fail to report within two months after discovering the defect.

  3. Failure to timely report complaints releases Shapes from any obligation or liability.

  4. Even if complaints are reported, the Customer remains obligated to pay and fulfill other obligations unless otherwise mandated by law.


ARTICLE 8 | CONFORMITY

  1. There is no warranty on Products, without prejudice to mandatory legal rights for Consumers regarding conformity.

  2. Claims for non-conformity lapse if the defect results from an external cause or circumstances beyond Shapes' control, such as damage, wear, misuse, improper treatment or washing, or unauthorized modifications or repairs.

  3. A valid non-conformity claim requires a timely complaint under Article 7.2. Shapes will repair or replace defective Products within a reasonable period.


ARTICLE 9 | FORCE MAJEURE


  1. Shapes is not obligated to fulfill the Agreement in case of force majeure. Force majeure includes technical failures, fire, transport restrictions, power outages, and similar events.

  2. If force majeure makes fulfillment permanently impossible or lasts longer than one month, Parties may dissolve the Agreement.

  3. Shapes may invoice already delivered or deliverable parts separately. Other damages resulting from force majeure are not compensated.


ARTICLE 10 | PRICES, DELIVERY COSTS, AND PAYMENTS


  1. The Offer clearly states the total price, including VAT and shipping costs.

  2. Shapes is not required to execute the Agreement until advance payment is fully received.

  3. Payments must be made as specified by Shapes, within the indicated timeframe.

  4. Invoices may be sent by email only.

  5. If payment is not timely, the Customer is automatically in default. Interest of 2% per month applies to overdue amounts. For Consumers, statutory interest applies instead.

  6. All reasonable costs incurred to obtain payments, including legal and extrajudicial costs, are borne by the Customer.


ARTICLE 11 | LIABILITY


  1. Shapes is not liable for damages resulting from incorrect or incomplete information provided by the Customer, or other failures by the Customer.

  2. Shapes is not liable for indirect damages, consequential damages, lost profits, lost savings, reduced goodwill, business interruption, data loss, or similar damages.

  3. These liability exclusions do not apply in cases of intent or gross negligence by Shapes or its management. Shapes is only liable for direct damages, defined as:

  • Reasonable costs to determine the cause and extent of damage;

  • Reasonable costs to remedy the defective performance;

  • Reasonable costs to prevent or limit damage.

  1. Shapes' liability is limited to repair or replacement of the Products. If impossible, liability is limited to the invoice value of the relevant portion of the Agreement.

  2. For consumer purchases, liability limitations do not extend beyond those permitted by law.

  3. All legal claims against Shapes expire 12 months after arising. For Consumers, claims regarding non-conformity expire after two years.


ARTICLE 12 | RETENTION OF TITLE


Products remain Shapes' property until full payment is received. The Customer unconditionally authorizes Shapes to access premises to exercise ownership rights. The Customer must provide all necessary information upon request.


ARTICLE 13 | COMPLAINT POLICY


  1. Complaints can be submitted by email or in Writing.

  2. Shapes will respond within seven days. If more time is needed, a confirmation with an estimated response time will be provided within seven days.


ARTICLE 14 | INTELLECTUAL PROPERTY AND TRADEMARK RIGHTS


  1. Shapes retains all trademark and intellectual property rights, including rights to designs and images.

  2. Infringements attributable to the Customer entitle Shapes to demand immediate cessation and claim compensation.


ARTICLE 15 | FINAL PROVISIONS


  1. All Agreements and resulting legal relationships are governed exclusively by Dutch law.

  2. Before going to court, Parties must make maximum efforts to resolve disputes amicably.

  3. The competent court of Midden-Nederland has initial jurisdiction over disputes, unless Shapes chooses another legally competent court. Consumers may choose a legally competent court within one month after Shapes announces its choice.

  4. If these terms are available in multiple languages, the Dutch version prevails for interpretation.