These Terms and Conditions and any other document referred to in these Terms and Conditions (“Terms and Conditions”) set out the legal terms that apply to your use of our website http://www.muse-by.com
TIMEOS S.à rl (“TIMEOS”) incorporated in Luxembourg has its registered office at 8 Avenue Porte neuf in L-2227 Luxembourg with company number B114047 and VAT number LU 211 62 471. The Company operates the brand and the website www.muse-by.com (“MUSE-BY.COM”, “the Site”).
Please read these terms and conditions carefully and make sure you understand them before using the website. Please note that by using the website you agree to be bound by these terms and conditions.
I. Application of the General Conditions of Sale
The Site is reserved for retail sales to private individuals acting for personal purposes (the " Customer "). The Customer declares and guarantees to act as the final consumer of the products he orders.
The general conditions of sale (the " GTC ") detailed below apply to and form an integral part of all orders and sales of products and services placed via the Site (the " Products ") with TIMEOS by the Customer.
The Customer must read the T&Cs prior to any order (the " Order "), the T&Cs being available on the Site. Consequently, the fact of placing an Order implies full prior and unreserved acceptance of the GCS by the Customer by clicking on the button "I have read and I accept the general conditions of sale".
TIMEOS reserves the right to adapt or modify these T&Cs at any time. The version of the T&Cs applicable to a sale is the one appearing online on the site at the time of the Order.
II. Information on the Site and accessibility of the Site
www.muse-by.com is an e-commerce site owned and operated by TIMEOS.
The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except for interruption, scheduled or not, by TIMEOS or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure. (as defined below). TIMEOS cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
TIMEOS does not guarantee that the Site will be free from anomalies, errors or bugs, nor that the Site will operate without failure or interruption. In this regard, he may freely and at his entire discretion determine any period of unavailability of the Site or its content. TIMEOS also cannot be held responsible for problems with data transmission, connection or unavailability of the network.
TIMEOS reserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of the supply of the Products, in a substantial and negative way, the Customer may be informed of the modifications made, but his acceptance is not required.
III. Registration on the Site
To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the " Account ").
The Customer's registration on the Site is validated by TIMEOS after verification of the standard form completed by the Customer. The Customer receives a registration confirmation email.
When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, TIMEOS cannot be held responsible for the impossibility of delivering the Products or for sending them to an unknown customer or to a wrong address.
In order to allow easier and faster registration or connection to the Site, the Customer has the option of automatically pre-filling the registration form using the “Facebook Connect” option .
To find out more about the protection of personal data during their collection, processing and use, as well as the rights and optional settings to protect their privacy, the Customer can consult Facebook's privacy policies on the website www.facebook . com/privacy/policy/
By registering on the Site, the Customer declares and guarantees to TIMEOS that he is of legal age and has the legal capacity to contract.
TIMEOS may delete the Customer's Account at any time, for any reason, at its sole discretion, without its liability being incurred in this respect.
IV. PRODUCTS & AVAILABILITY
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. We do our best to keep the information on the Site up to date but, however, an error is always possible and does not engage the responsibility of TIMEOS. As such, TIMEOS cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion or an error of stocks.
TIMEOS is not linked to the variation of its stocks and declines all responsibility in the event of unavailability of products.
TIMEOS takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
TIMEOS does not guarantee the accuracy or security of the information transmitted or obtained through the Site. Thus, the photographs, graphics and descriptions of the products offered for sale are only indicative and in no way engage the responsibility of TIMEOS. In particular, the photographs illustrating the Products may turn out to be slightly different from reality due to the settings of the Customer's screen or the lighting during the shots.
It is possible that the Customer receives following an Order a part previously returned by another person. It is specified that TIMEOS only accepts the return of undamaged and unworn Products, these two conditions being checked before returning the returned Products to stock.
Order taking on the Site is subject to compliance with the procedure set up by TIMEOS on the Site comprising successive stages leading to the validation of the Order.
The Customer may select as many Products as he wishes, within the limits of the normal needs of a consumer. These Products will be added to the basket (the " Basket "), which summarizes the Products chosen by the Customer as well as the prices and costs relating thereto. The Customer may freely modify the Basket before validating his Order.
The validation of the Order and the fact of clicking on the button " I have read and I accept the general conditions of sale " are worth confirmation of the acceptance by the Customer of the GCS, the Products purchased, their price as well as the associated costs.
By placing an order, you agree that:
- all details you provide are true and correct,
- Are you older than 18,
- you are an authorized user of the credit or debit card used to place your order,
- and that there are sufficient funds in the account to cover the cost of your order.
A confirmation email summarizing the Order (Product(s), price, quantity of the Product(s), will be sent to the Customer by TIMEOS. To this end, the Customer formally accepts the use of email for confirmation by TIMEOS of the content of its Order Invoices are available in the "my account" section of the Site.
VI. Refusal to process an Order
Timeos reserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information appearing on the latter. Despite Timeos' best efforts to meet the expectations of its customers, it may be necessary for the latter to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
Timeos cannot be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or even the refusal to process an Order after sending the confirmation email summarizing the Order.
Timeos also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or who has acted in disregard of these GCS, or in the event of objective suspicion of fraud.
Timeos formally prohibits the use of its Site for professional purposes, in particular with a view to purchasing for resale on a professional basis. Consequently, Timeos reserves the right to refuse an order placed by a professional or by a person clearly acting for professional purposes, in particular if the quantity of items ordered abnormally exceeds the needs of a consumer.
VII. PRICES AND TERMS OF PAYMENT
Our prices are mentioned in euros including VAT with Luxembourg VAT by default (currently 17%), excluding shipping costs and customs duties. All products shipped outside the European Union will be sold exclusive of VAT.
In accordance with the European legislation in force, the final VAT rate which will be applied to any order within the European Union will correspond to that of the country of delivery, which may explain the difference between the amount including tax appearing on the site and which one you will be billed for.
Customs duties and other charges may be required by the local authority. These additional costs will be at your expense and under your responsibility and must be paid by the Customer to the carrier.
All orders must be paid in euros.
TIMEOS reserves the right to modify the prices at any time but the products will be invoiced on the basis of the prices in force at the time of registration and payment of the order, subject to availability.
We do our best to ensure that all prices, details and descriptions disclosed on the website are accurate. Nevertheless, there may be cases where errors occur. We are not bound by our offers and we reserve the right to cancel your order in the event of such errors.
7.2 Methods of payment
The Products are payable in cash when the actual Order is placed.
Payment for purchases is made either via Paypal or via the secure platform of our payment service provider STRIPE, which gives access to VISA, MASTERCARD and AMERICAN EXPRESS cards. Subsequently, and depending on technological developments, other means of payment could supplement or replace existing means of payment.
Paypal (Europe) S.à.rl et Cie , is a Luxembourg partnership limited by shares, registered with the RCS of Luxembourg under number B118349, whose registered office is located at 22-24, Boulevard Royal – L-2449 Luxembourg. For any information, the Customer can consult the following website: https://www.paypal.com
Stripe Payments Europe Ltd. is a company registered in Dublin (Ireland) under number IE 3206488LH, whose registered office is located at One Spencer Dock, North Wall Quay, in Dublin (Ireland).
For any information, the Customer can consult the following website: https://www.stripe.com
All payments and the information communicated for this purpose are encrypted and secure.
In this way, none of your personal information can be intercepted because it has been sent to the correct secure server. Your details are encrypted and cannot be seen by any external third party. This filter test verifies the transferred information and ensures that it has not been modified.
Timeos therefore does not have access to the payment data of its Customers, which are directly transmitted to STRIPE or Paypal.
During each transaction, STRIPE and the bank issuing the payment carry out an analysis of the transaction, in order to limit the risk of fraudulent behavior. Following this analysis, some Orders may be blocked. As such, TIMEOS cannot be held responsible for any refusal by STRIPE to proceed with an Order blocked for suspicion of fraud.
When you submit your order, we perform a standard pre-authorization check on your payment card. The order will not be validated and the products will not be dispatched until the details you have provided have been verified and the agreement of the sender has been received.
The Customer expressly acknowledges that the communication of his credit card number during the Order constitutes authorization to debit his account up to the price of the Products ordered. If necessary, a notification of Order cancellation for non-payment is sent to the Customer by TIMEOS to the email address provided by the Customer when registering on the Site.
The data recorded and stored, excluding payment data, by TIMEOS constitutes proof of the Order and of all past sales. The data recorded by Paypal or STRIPE constitutes proof of any financial transaction between the Customer and TIMEOS.
7.3 Registering your payment card
You will have the possibility, if you wish, to add and save your method of payment among the information that you will communicate to us in "My account".
So when you want to pay for future orders, all you have to do is select one of the payment methods already saved.
If you do not want to save your payment method in 'My Account', you can also choose to provide your bank details each time you place an order. You will simply be asked to save them with each payment.
7.4 Payment in installments with Alma
Installment/deferred payment is available through our partner Alma. Payment security is provided by Alma and its service providers. All payments are protected by 3D Secure.
List of countries that can benefit from payment in installments via Alma
- The Netherlands
Amount of purchases
P2X: Only purchases between €50 and €3,000 are eligible for payment with Alma.
P3X: Only purchases between €50 and €3,000 are eligible for payment with Alma.
By paying in installments with Alma, the Customer does not pay any fees.
Alma is a tele-payment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the Civil Code.
Any termination of the T&Cs that bind the Seller and the customer results in the termination of the T&Cs between Alma and the customer.
VIII. DELIVERY AND TRANSPORT
Delivery means the transfer to the Customer of physical possession of the Products (the “ Delivery ”).
The Delivery takes place, according to the Customer's choice, either by the collection of the Products at the selected collection point (in the Boutique or at a Relay Point, subject to the acceptance of the package by the selected Relay Point), or by the receipt of the Products to the postal address indicated, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal person (delivery to his company).
Delivery cannot be made to hotels or to PO boxes.
Transport is provided by the services of DPD or DHL, Monday to Friday.
8.1 Which countries can we deliver to?
A priori, TIMEOS will initially deliver only the countries listed below. For delivery to another country, you are asked to contact us by email at email@example.com with your request. TIMEOS will look at what is possible and get back to you with a personalized offer.
Here is the list of countries where we can deliver:
- Germany (DE)
- Austria (AT)
- Belgium (BE)
- France (FR)
- Italy (IT)
- Luxembourg (LU)
- Netherlands (NL)
- United Kingdom (GB)
- Switzerland (CH)
- Bulgaria (BG)
- Cyprus (CY)
- Croatia (HR)
- Denmark (DK)
- Spain (ES)
- Estonia (EE)
- Finland (FI)
- Greece (GR)
- Hungary (HU)
- Ireland (IE)
- Latvia (LV)
- Lithuania (LT)
- Malta (MT)
- Poland (PL)
- Portugal (PT)
- Czech Republic (CZ)
- Romania (RO)
- Slovakia (SK)
- Slovenia (SI)
- Sweden (SE)
- Norway (NO)
- Bosnia – Herzegovina (BA)
- Iceland (IS)
- Serbia (RS)
- Ukraine (AU)
- United States (USA)
Delivery costs are not included in the prices and will be invoiced in addition. They will depend on the country selected for delivery and the corresponding zone (see list of countries that we can deliver). The delivery charges applicable to your order will be clearly displayed at checkout before you confirm your order and are included in the "TOTAL" amount shown on the order summary page.
8.2 What are the delivery costs?
Subject to energy price increases, delivery charges are currently as follows:
- Zone 1: 15 Euros
- Area 2: 30 Euros
- Zone 3: 50 Euros
- Zone 4: 50 Euros
And the delivery is free, in Luxembourg exclusively , for any order from 350 Euro.
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items outside of the European Union, you may need to pay import duties upon receipt of the products. TIMEOS has no control over these charges and we cannot advise you on their amount. You will be responsible for paying these import duties and taxes. Please contact your local customs office for more information and a cost estimate before placing your order.
After placing an order, you will receive an email from us containing all the details of your purchase. We may also contact you if we need more information to verify your payment. Once your order has been approved, we will endeavor to dispatch it within a maximum of 3 working days, unless otherwise mutually agreed (eg when the sale is for incoming items / pre-orders).
The goods ordered will be shipped to the delivery address you provided during the ordering process. Orders are processed and shipped Monday through Friday between 10 a.m. and 5 p.m. Depending on your location, delivery will normally take 2-20 business days from dispatch.
In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the Delivery address (such as, in particular: full street name, postal code, exact building number, name shown on the mailbox and/or building intercom, etc.).
When shipping the package(s), we will provide you with the tracking number via email. You will be able to follow the progress of the delivery of your order via the site of our carrier. Please keep in mind that our delivery times should only be used as a guide and are based on the time elapsed since dispatch. TIMEOS cannot be held responsible for delays in customs clearance or failure to approve payment, although we will try to minimize any potential delays.
In the event of any loss of your order, confirmed by our carrier, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request, reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, TIMEOS cannot be held responsible for the harmful consequences resulting from a delay in delivery, only reimbursement of the Product by TIMEOS being possible to the exclusion of any other form of compensation.
At the time of delivery, you must check the conformity of the goods and indicate, if possible on the delivery note, the reservations accompanied by your signature and/or any anomalies observed (open package, damaged product, etc.).
If you notice a problem with your goods upon delivery, please notify our customer service: firstname.lastname@example.org
If it is impossible to carry out the Delivery, due to an incorrect delivery address or the absence of collection by the Customer of his Order from the selected collection point, no reshipping can be carried out and the Customer will be reimbursed within a period of five (5) days from receipt of the Order by TIMEOS.
8.3 Collection in store (Click & Collect)
If you have chosen the option, "Pick up in store", please come to the selected store. You can collect your products no later than 2 working days after placing your order. We'll let you know when your order is ready to be picked up.
Important: Any order placed on Friday from 4 p.m., on Saturday and Sunday, with the in-store pick-up option, can only be picked up the following Tuesday.
IX. Right of withdrawal – return and refund
9.1 deadline and procedures for exercising the right of withdrawal
TIMEOS provides high quality products. However, if you are not satisfied with your purchase, we promise to exchange it or refund you.
In accordance with the European legislation in force on the subject, the Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from TIMEOS, without having to justify his decision. Beyond this period of fourteen (14) days, the sale is firm and definitive.
The Customer cannot exercise his right of withdrawal for a Product made according to his specifications, used, worn, washed, damaged or unsealed (see details below).
9.2. Terms of return of the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
To initiate the return procedure, please contact us beforehand by sending us an email at email@example.com
This email should provide us with the following information:
- Your order number (which can be found on your invoice as well as on the confirmation emails that you will have received following the latter);
- The item or items you wish to return to us;
Once your request has been received and accepted, we will confirm to you by return e-mail our agreement to return the goods to us, as well as the address where we will send the goods back to us.
You have the choice of the carrier but we invite you to use a professional transport service which can guarantee you a fast delivery time as well as a "track & trace" option so that you can have the guarantee that the article will have been sent to us. delivered and received by us.
The return costs will therefore be at your expense, unless the product delivered to the Customer was different from the product ordered or if it was delivered damaged . Customs charges may be withheld in the event of a return from a country outside the EU.
It is mandatory to:
- Return the item(s) in the same condition you received them
- Items must be returned unworn, undamaged and unused, with all tags and/or tags attached and the original packaging included.
- Shoes and accessories should be returned with the original boxes and dust bags, if applicable, and placed in a protective outer box for shipment. When trying on shoes, be careful not to mark the soles or damage the shoe box.
- We will not accept any worn or soiled returns.
- Jewelry must be returned in the same condition it arrived in, including all branded packaging and documentation that came with it.
- Beauty and cosmetic products must be returned unopened and unused, with the seals of any packaging still intact.
If you want to exchange it for another item, or change the size or color, you must request a return and make a new purchase.
You can deposit your returns for free in store but no refund will be made directly in store.
9.3. Reimbursement of Products returned under the right of withdrawal
Reimbursement of the Order by TIMEOS is made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw, subject to having received within this period the ( s) Product(s) subject to the right of withdrawal and that they meet the conditions for a refund to be possible (see Terms)
TIMEOS makes the refund using the same means of payment as the one used to pay for the Order. If this means of payment has expired, the Customer must contact customer service to modify the method of reimbursement. TIMEOS cannot be responsible for the delay in reimbursement.
Reimbursement of an order paid for with an e-gift card, a gift card or a credit note will be automatically carried out with a credit note.
If the Customer fails to comply with these T&Cs, TIMEOS will not be able to reimburse the Products concerned.
X. Warranties - Limitation of Liability
10.1. Limitation of Liability
The responsibility of TIMEOS with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. TIMEOS will not be liable for the following losses, regardless of their origin:
- loss of revenue or sales
- operating loss
- loss of profits or contracts
- loss of expected savings
- data loss
- loss of work or management time
- image damage
- loss of opportunity, and in particular of ordering a Product,
- moral damage.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided for by law.
TIMEOS makes no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or to interfere with the proper working of it, including any transmission resulting from a download of any content made by the Customer, of the software used by the latter to download the content, of the Site or of the server which allows access to it. In this regard, the Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this order proving harmful.
The Customer acknowledges assuming all risks related to any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content.
TIMEOS is only required to deliver Products that comply with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met:
- they must comply with the description and have the characteristics displayed on the Site;
- (ii) they must be suitable for the purposes for which such products are generally designed;
- (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.
In addition, TIMEOS guarantees consumers against lack of conformity and hidden defects for the Products for sale on the Site under the following conditions:
10.2. Legal guarantees
Under Articles L.212-1 to L.212-9 of the Consumer Code of Luxembourg, all products for sale on the Site benefit from the legal guarantee of conformity allowing the Customer to return free of charge the Products delivered defective or non-compliant.
The same products also benefit from the guarantee for hidden defects (as defined in articles 1641 to 1649 of the Civil Code
However, Products modified, repaired or integrated by the Customer are excluded from the warranty.
The guarantee will not apply to visible defects, or that the Customer knew or could not ignore when placing the Order, in particular with regard to the indications provided by TIMEOS.
The warranty also does not cover Products damaged after transfer of risk to the Customer, or due to improper use.
When the legal guarantee of conformity is invoked and implemented, in accordance with articles L. 212-1 to L. 212-9 of the Consumer Code of Luxembourg, TIMEOS undertakes:
- either to repair the Product or replace it with an identical product depending on available stocks, at the Customer's choice, unless this choice entails a manifestly disproportionate cost for TIMEOS with regard to the other modality, taking into account the value of the Product or the extent of the defect;
- either to reimburse the price of the Product if the repair and replacement of a Product proves to be impossible, or if the replacement or the repair according to the case presented a major inconvenience for the Customer, or even if the replacement or the repair according to the case cannot be implemented within one month of the Customer's request.
When the guarantee against hidden defects is invoked and implemented, TIMEOS undertakes, according to the Customer's choice and after evaluation of the defect:
- either to reimburse the full price of the returned Product;
- or to reimburse part of the price of the Product if the Customer decides to keep the Product.
Finally, the Customer is reminded that the legal guarantee of conformity and the legal guarantee against hidden defects are not mutually exclusive, and do not deprive the Customer of any other contractual or commercial guarantee possibly granted by TIMEOS. . They also do not deprive the Customer of his right of withdrawal defined in Article IX of the GCS.
XI. Force Majeure
In the event of the occurrence of an event of force majeure preventing the execution of the Order or these GCS, TIMEOS informs the Customer thereof within a maximum period of fifteen (15) days from the occurrence of this event, by email or by registered letter with acknowledgment of receipt.
Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of Luxembourg courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or disputes business, civil disorder, insurrection, war, act of terrorism, severe weather, epidemic, blockage of transportation or supplies for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship.
All of the parties' obligations are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of TIMEOS or the Customer without compensation on either side.
XII. Retention of title
TIMEOS retains full ownership of the Products sold until full payment of the price, in principal, costs, taxes and mandatory contributions included.
XIII. Intellectual property
The content of this site is protected by intellectual property laws. Use must be private. No professional use will be tolerated. Any reproduction or partial reproduction of the content of this site is strictly prohibited.
The products offered comply with the Luxembourg legislation in force. It is your responsibility to check with the local authorities in your country for the right to import or use the products you plan to order.
XV. Important information and applicable law
Each of the sections and paragraphs of these Terms and Conditions operate separately. If any court or competent authority decides that any of them are illegal or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
We will not be liable for any failure or delay in performing any of our obligations to you if such failure or delay is caused by an event beyond our control.
The use of our website and contracts for the purchase of products via said website are governed by Luxembourg law. Any controversy arising from or related to the use of the site or said contracts will be subject to the non-exclusive jurisdiction of the Luxembourg courts.
We keep your personal data private and confidential and only share it with your consent and as permitted by law.
You can also request the deletion of your account by writing to firstname.lastname@example.org.
Your account will be deleted once any outstanding issues, such as your right to return goods in accordance with our return policy, are resolved.
Timeos © - March 2022