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AmuzAnt Design

Terms & Conditions

AKA the fine print

Last updated June 2, 2023

I (AmuzAnt Design, aka Tineke De Cat) would love not to need these Terms & Conditions, but the world is what it is, so here they are. They serve for your and my protection; if you use my website, services, and/or place an order for products, we are both bound by these terms and conditions. I promise to be reasonable (f.e. I won’t be demanding a free coffee with every visit). Please have a read, and if you disagree, stop using my site and services.   (Also, my Website is meant to be used by people who are at least 18 years old, younger persons need explicit consent from their parents)

I will try my best to keep all explanations simple, but I might also add in the legalese to cover my bases. In case of a dispute, it is always the legalese that is the one that is binding; the simple summaries are not a replacement or full representation of that. I also have the right to change these Terms & Services when I see fit, I will alert you by updating the “Last updated” date on top. 

The Terms & Conditions start with a list of definitions; these words will be capitalized, and always have the meanings listed, regardless of whether they appear in singular or plural.

Prefer Dutch?

Soon you’ll be able to press here to read my Terms & Conditions in Dutch. Translation is incoming.

Let’s get into it

1. Definitions

For the purposes of these Terms and Conditions:

  • “Account” means a unique account created for You (notice the cap) to access my Website or parts of my Website.
  • “Company” (referred to as either “the Company”, “I”, “Me”, “My” or “AmuzAnt Design” in this Agreement refers to Tineke De Cat, doing business as AmuzAnt Design, a company registered in Belgium at Brialmontlei 67, 2018 Antwerp. My VAT number is BE 0713 630 681;
  • “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available, regardless of the form of that content;
  • “Cooling-off period” means the period of time in which the consumer (you) can use his Right of Withdrawal;
  • “Day” means a calendar day;
  • “Device” means any device that can access the Website such as a computer, a smart phone or a digital tablet;
  • “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of my Website;
  • “Model Form” means the model form for withdrawal that I make available for You, so you can fill it in if you want to make use of your Right of withdrawal;
  • “Offer” means a temporary offer that I make to You to purchase Products or Services at a certain Price within a limited timeframe;
  • “Orders” means a request by You to purchase Products from Me;
  • “Products” refers to the products or items offered for sale on the Website;
  • “Purchase” refers to an Order that has been confirmed by Me;
  • “Right of withdrawal” refers to the possibility You have to revoke the Order or Purchase within the Cooling-off period;
  • “Service” refers to any kind of service or product I provide and that refers or links to these Terms and Conditions;
  • “Terms & Conditions” (also referred as “Terms” and “T&C”) mean these Terms and Conditions that form the entire agreement between You and Me regarding the use of the Website;
  • “Website” refers to AmuzAnt Design, accessible from www.amuzant.design and www.amuzant.shop;
  • “You” means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such indivual is accessing or using the Website, as applicable.

All the cookies (designs) are mine

& I choose who to share them with

2. Intellectual property rights

My intellectual property

In short: I made it, so it’s mine. You can only use it when I specifically allow it or if I transfer the rights to you.

In legalese: I am the owner or the licensee of all intellectual property rights in My Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services, as well as the trademarks, service marks and logos contained therein (the “Marks”).

My Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

Your use of my Services

In short: You can access my services only for personal, non-commercial purposes, unless I’ve specifically given you permission to do otherwise. 

 

 

3. Accounts & Your information

In short: Be safe and honest in providing the information needed. If I don’t have the correct info, I can’t help you properly. And Your password is your responsibility.
If You provide information concerning placing an Order, you guarantee correct information and that you have the legal right to use that payment method.

In legalese: When You create an Account on My Website, You must provide Me with information that is accurate, complete, and current at all times.

You are responsible for safeguarding the password that You use to access the Website and for any actions under Your password. You must notify Me immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

If you provide any information that is untrure, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Your feedback for me

In short: I love feedback and want to use it.

In legalese: You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Termination

In short: I can terminate your account whenever I deem necessary. (Let’s hope that never happens.) By the way, so can you. 

In legalese: I may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

4. Products

In short: I really try to make the product description as accurate as possible, but there might be some small variations. I also can’t guarantee that everything will always be in stock. Likewise, I might decide to discontinue some products or change their prices.

In legalese: I make every effort to display as accurately as possible the colours, features, specifications, and details of the Products available on My Website. However, I do not guarantee that the colours, features, specifications, and details of the Product will be accurate, complete, or free of other errors, and your screen may not accurately reflect the actual colours an details of the Products. All Products are subject to availability, and I cannot guarantee that items will be in stock. I reserve the right to discontinue any Product at any time for any reason. Prices for all Products are subject to change. I also reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

5. Orders

Payment

In short: I accept the following means of payment: Visa, Mastercard, Paypal and Bancontact. The payment will happen through a safe connection on my Website, and you will be shown the full amount (shipping and taxes included) before placing the order. You agree to give me current, complete, and accurate payment information so you can get the goodies and I can keep my business. 

In legalese: Payment can be made through various payment methods I have available, such as Visa, Mastercard, Paypal and Bancontact. 

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If I do not receive the required authorization, I will not be liable for any delay or non-delivery of Your Order.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website or Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that I can complete your transaction and contact you as needed. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to me is true, correct and complete. Sales tax are included in the price. Any payment shall be in Euros. 

You agree to pay all charges at the prices then in effect for your purchase and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order.

To ensure a safe online payment environment, your transaction data will be sent with secure SSL technology over the internet. You do not need any special software for this technology, and you can recognise it by the lock icon next to the site address. 

Orders

In short: Placing an Order, means you accept my rules (these Terms & Conditions). You need to be 18+ to place an order. Your order is complete once you have received an Order Confirmation.

In legalese: By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts and you explicitly accept these Terms & Conditions. To place an Order You need to be at least 18 years of age.  If you are younger, I request you to ask your parents or legal guardian, to place the order for you. An order can be refused if it is placed by a person who is not 18 years of age. 

Your order is complete once you have received an official Order Confirmation.

prices

In short: I can change my price at any time before you place an order. My prices include all taxes, VAT, duties and services. So you never come
to face surprises. The shipping cost is calculated seperately at checkout and will be clear before placing any order. In case of an “Oops” in the pricing on my end, I have the right to cancel the order.

In legalese: The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices include all taxes, VAT, duties and services. The shipping cost is calculated at checkout and will be visible before placing your Order.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the Company is not obliged to deliver the product according to the incorrect price.

shipping

In short: I only deliver in Belgium, unless we agree differently. But this needs to be confirmed in writing, and with the inclusion of the extra shipping cost. If You fill in a shipping address outside of Belgium (without previous confirmation), I can cancel your order. Check out the Shipping and Delivery part below.

6. Return/Refunds policy

In short: check it out here before making any Purchase.

In legalese: Please review my Return Policy posted on the Website prior to making any purchases.

7. The Right of Withdrawal

In short: In the EU you have the Right of Withdrawal, so the right to change your mind about your Order within 14 days of receiving it (the Cooling-Off period. So if you decide you no longer want your Products, let me know and we’ll figure it out. This right does not count for custom products and since all my clothing and accessories are made on demand, the Right of Withdrawal is not automatic. Please check out my return Policy for those items.

If you choose to return your Order, you are responsible for the shipping cost to return the Products. I will repay your Products within 14 days of my receiving them.

In legalese: If You buy Products from Me, You have the right to decide that you do not want to keep the goods within 14 days counting from delivery (the Cooling-Off Period). You can then return your Order without paying a fine and without giving any reason (you pay the return shipping costs for this yourself). Within 14 days after I have received your return Products, I will refund you the full purchase price of the Products with the same payment method you used to pay for them.

The direct costs of returning the goods are therefore for your account. You can return your return package by post or courier. If desired, I can create a return label for you. Please contact me at hi@amuzant.design or +32 (0) 499 60 76 78

I may withhold reimbursement until I have received the Products or until you have provided evidence of having sent back the Products, whichever is the earliest.

During the first 14 days after delivery, I expect you to handle the order and the packaging with care. If you still want to be able to return the goods as described above, you may only unpack or use them to the extent necessary to assess whether you wish to keep the goods. Returned goods may be tried on, but may not have been used. If you return the goods, this must be done together with the original packaging, with all accessories supplied and in the original condition and packaging.

In order to exercise Your Right of Withdrawal quickly and correctly, both in the case of the delivery of services and the delivery of Products, You can fill in the form mentioned below and send it to hi@amuzant.design. I will email you a confirmation of receipt of your withdrawal.
You can find the withdrawal form here: hi@amuzant.design

8. Shipping & Delivery

In short: I ship only in Belgium, unless we have a written agreement (including the shipping cost) to ship elsewhere. I will ship it to the shipping address you tell me when you order, and after receiving the payment. Shipping is my risk to take, so no need to worry about your package getting lost in the mail (that is my responsibility). If something is wrong with your order, please get in touch with me. In case of a mistake or damage, I will carry the cost of the return shipment.

In case you are returning your order, shipping becomes your responsibility.

Delivery times are informational and not binding. If shipping takes longer then expected (see my shipping FAQ), I promise to keep you informed, and when it doesn’t concern custom items (aka apparel and accessories), you can cancel the order.

In legalese: All goods and services are delivered to the address specified by you in your order. Shipments are only possible in Belgium, unless we have a written agreement (that includes the shipping price) to ship to a new destination.

My shipments are always at my risk.  However, if you return Products (non custom) to me within 14 days of purchase because you prefer not to keep them (check out the Right of Withdrawal), you are responsible for the transport.

If the Products delivered by me were damaged during transport, do not correspond to the items stated on the delivery note or do not correspond to the items you ordered, you must report this as soon as possible and certainly within 3 days and return the items within 14 calendar days of receipt. I will then bear the cost of the return.

I cannot be held responsible for any consequential damages due to late delivery or non-delivery by the carrier appointed by the company. My liability in such cases is limited to the value of the Products which are shown not to have been received by the Customer.

Delivery times are only provided by way of information and are not binding, unless expressly agreed. However, I strives to respect the delivery times and will communicate delays to the customer. If I do not do this, you can cancel your order free of charge. In that case we will refund you within 30 days after dissolution.

9. Force Majeur

In short: If things happen that are out of my control, I’m not obliged to fulfill the Order, and will give you a refund.

In legalese: In case of force majeure, I am not obliged to fulfill my obligations. In that case, I can either suspend my obligations for the duration of the force majeure, or dissolve the agreement definitively.

Force majeure is any circumstance beyond my will and control that prevents the fulfillment of my obligations in whole or in part. By this I understand, among other things, strikes, fire, business failures, power failures, failures in a (telecommunication) network or connection or used communication systems and / or the unavailability of my website at any time, non-delivery or late delivery of suppliers or other engaged third parties, …

10. Dispute Resolution

In short: I want you to be happy, so please get in touch about anything you’re not satisfied with. I will do my utmost to give you an answer within 7 days.

In legalese: If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

The European Commission provides an online dispute resolution platform, which you can access here: ec.europa.eu/consumers/odr/ If you would like to bring this subject to my attention, please contact me.

11. Governing law

In short: Antwerp, Belgium is the place to be. 

In legalese: These Legal Terms are governed by and interpreted following the laws of Belgium, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence. Tineke De Cat and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Antwerp, which means you may make a claim to defend your consumer protection rights in regards to these Legal Terms in Belgium, or in the EU country in which you reside.

12. Links to Other Websites

In short: Not my circus, not my monkeys. I am careful where I link to, but I can not control or take responsibility for other websites.

In legalese: My Site may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. I strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.