TERMS OF SERVICE
These TOS regulate the contractual relationship between the customer and Muse & Sensia. From now on Muse & Sensia is referred to as the service provider and the customer, as customer.
For all contracts entered into on the Muse & Sensia online shop platform. The following TOS apply.
Welcome to the www.musesensia.com website, please read the entire Terms of Service agreement before further using the website.
The Terms of Service govern the access to, and use of, the website and the services available through the website.
Use of the website and of the services implies the full acceptance of these Terms of Service and all guidelines and rules, including but not limited to the privacy policy and acknowledgment of their relevant mandatory nature. When registering to use the website and the services, you will be asked to agree to be bound by these Terms of Service.
Muse & Sensia reserves the right, at its sole discretion, to modify these Terms of Use from time to time, we will post the revised Terms of Service on this website and update the ”last updated” date to reflect the date of the changes. Please consult these Terms of Service regularly.
The use of the website and the services after such modifications constitutes your full acceptance of the revised Terms of Service. If you do not agree with the revised Terms of Service, please stop using the website and services.
IMPRINT
Muse & Sensia
Industriestrasse 3
CH- 8952 Schlieren
info@musesensia.com
ELECTRONIC SERVICES
Certain parts of the services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone).
You agree that we may contact you regarding the service by SMS, e-mail, or other electronic technology and you acknowledge that, in some jurisdictions, the use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.
INTELLECTUAL PROPERTY RIGHTS
The terms ”website” and ”material” refer, respectively, by way of example, to the software design, implementation and use of the website, the layout, structure, and organization of the contents of the website, and to any material reproduced therein and/or made available to the public, including in particular the collection and organization of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, devices, logos, trademarks, distinctive elements so-called trade dress or any other material reproduced and / or made available through this website (”material”).
All materials on this website, in whole and in part, including by way of example trademarks, domain names, designs, and models, patents, and copyright are protected and in the sole ownership of Muse & Sensia.
All trademarks, trade names, logos, and other distinctive design and signs which are reproduced on the website, whether registered or not, are trademarks or service marks of Muse & Sensia. All domain names used on the website and/or connected to it are owned – or used with permission - by Muse & Sensia, which manages them on a worldwide basis.
This website is solely for private, personal, and non-commercial use, and the material on this website is presented for information and/ or promotional purposes only.
It is not permitted to reproduce (except where the reproduction is made for personal non-commercial use), publish, disclose, transmit, make available to the public, republish, distribute, display, remove, delete, add to, or otherwise modify, create and/or use derivative works from, or on any case works inspired to, sell or participate in any sale of, this website, any of the material in this website or related software, in whole and/or in part, in any form and/or manner, and for any purpose.
If the downloading or copying should be permitted by Muse & Sensia in writing, the user will not obtain any right, title, or interest in any material or software as a result of any such downloading or copying.
Muse & Sensia is fully committed to maintain, enforce and protect its intellectual property rights throughout the world and to strongly fight against any infringement in order to ensure that its unique heritage be strongly preserved and fully respected. Any use which is not expressly permitted by these Terms of Use is prohibited.
The lack of any remedy by Muse & Sensia whether in court or out-of-court does not mean acquiescence or tolerance of any violations of these Terms of Use of the website and/or breach of intellectual property rights of which Muse & Sensia has the ownership and/or availability.
EXCLUSION OF WARRANTY
This website, its contents, and services are provided free of charge on an ”as is” and ”as available” basis. Muse & Sensia provides no warranty or guarantee in connection with this website, its content or services, including, by way of example, that it will always be available, without interruption or errors in functioning, or that it will be safe from malicious programs (such as viruses, bugs, malware or similar), or that it is suitable for any particular purposes, and expressly declines any such warranties.
Muse & Sensia works to ensure that the information made available through the website is accurate and up to date. However, Muse & Sensia cannot guarantee the accuracy of such information or that such information is free from errors or omissions and Muse & Sensia makes no warranty in respect of the same. Muse & Sensia reserves the right to update and/or correct the contents of the website at any time without notice and without any liability.
LIMITATION OF LIABILITY
Muse & Sensia is liable without limitation for (i) damages caused by willful misconduct or with gross negligence by Muse & Sensia, its legal representatives or executive staff and other assistants in performance; (ii) personal injury, damage to health and death caused intentionally or as a result of gross negligence on the part of Muse & Sensia, its legal representatives or assistants in performance; (iii) damages caused by the absence of guaranteed characteristics, and (iv) claims under the Product Liability Act. Muse & Sensia is liable for damages resulting from the breach of material contractual obligations by Muse & Sensia, its legal representatives, executive staff or other assistants in performance; material contractual obligations are such duties whose fulfillment is a basic condition for contract performance, whose breach jeopardizes the achievement of the purpose of the contract and the fulfillment of which the contracting party may regularly expect (so-called cardinal duties).
If the breach occurred through simple negligence, then Muse & Sensia’s ensuing liability shall be limited to the amount which was foreseeable by Muse & Sensia at the time the respective action was performed. Muse & Sensia shall not be liable for breaches of non-material contractual obligations through simple negligence.
INDEMNITY
You agree to indemnify and hold us, and each of our subsidiaries and affiliates, and their respective officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the website and the services in violation of these terms of use and/or arising from a breach of these terms of use and/or any breach of your representations and warranties set forth herein and/or if any submitted material that you transmitted through the services causes our liability to a third party.
LINKS TO OTHER SITES
This website may contain links to other websites. Muse & Sensia has no control over such websites and will not be responsible or liable for any accessibility of third-party websites or for their content.
Hyperlinks to other websites and references to information, products, or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by Muse & Sensia of such websites, information, products, or services. Any questions or comments related to these websites must be addressed to the relevant operators.
You are not permitted to frame this website on any other website or to link to any part or section of the website and/or to the material, in whole or in part, without, prior written consent of Muse & Sensia.
RETURNS
Customers have a 14 day right of return. The 14 days start from the moment of taking the product into possession by the customer
To use the right of return the customer must send an email, stating the clear will and intention to use his/her right of return, to (e-mail: info@musesensia.com) the customer can use this added form to do so.
To be within the set time frame it is sufficient to send in the email before the 14-day time frame.
CONSEQUENCES OF RETURNS
If the customer should use his right of return, the service provider is obliged to reimburse payments received by the customer. Excluding shipping cost.
The service provider has 14 days from the moment of the provider being informed by the customer about their will to use their right of return.
PAYMENT REIMBURSEMENT
The provider will use the same payment method as the customer used to pay them originally. Unless the customer and service provider agree otherwise. The provider will hold back the payment until they receive the returned product (s).
The customer must send back the product to the service provider immediately after informing the service provider about using their right of return within the 14 day time period.
The customer has to carry the cost associated with sending back the product.
CUSTOMER LIABILITY
The customer is liable for all damages, caused by the customer mishandling the product and therefore damaging the goods beyond the state it was received in. If this is the case, payment reimbursement will be revoked.
EXCLUSION OF THE RIGHT OF RETURN
Excluded from the right of return are goods that are sealed upon shipping and are not eligible for returns due to reasons of hygiene and health after their sealing was removed.
FOR THE RETURNS OF PRODUCTS
If you are intending to return a product please send it back to address below:
Please include the following information as stated below:
Muse & Sensia
Industriestrasse 3,
CH-8952 Schlieren
e-mail: info@musesensia.com
Ordered on:
Received on:
Name of the customer:
Address of the customer:
Date:
Signature of the customer:
(please send pdf/scan with signature)
I hereby invoke my right to return, therefore, terminating my contract with Muse & Sensia, in regard to the purchase of the following product.
PAYMENTS FOR PRE-ORDERS
Please note that all order inquiries that contain a Pre-Order title will not ship until the product is in stock. Once the product is in stock and ready to ship, the customer will receive an e-mail informing them that the products are in stock and ready for shipping. The products remain under the ownership of the service provider, until the complete payment of the price has been made.
Upon receiving full payment of the product, the product will be shipped directly to the customer.
Muse & Sensia reserves the right to withhold the product until payment completion, to reach an equitable agreement with the customer.
The buying price is to be paid via the payment options provided by the online store.
SHIPMENT
Shipping costs are billed separately and are billed directly to the customer upon ordering the product (s) on the web platform.
DELIVERY
The provider delivers to any address as long as it is covered by the shipping companies working together with the service provider. If this should not be the case the customer will be notified.
DAMAGED GOODS AND THE RIGHT OF THE CUSTOMERS
The product pictures do not always match the delivered product. Reasons can be, the pictures may appear lighter or darker on the customers computer screen. The sourced material maybe lighter or darker in tones when produced.
If damaged goods have been sent to the customer upon unboxing, then the service provider is obligated to repair the damaged product (s) or deliver an undamaged replacement.
The customer is required to take a picture immediately upon unboxing to confirm damages.
Damaged goods should be returned to the service provider, unless the customer accepted a buying price reduction.
The right of supplementary performances in case of damaged goods expires after 14 days from the point of receiving the product. The cost of shipping back damaged goods, is covered by the service provider.
The cost of these supplementary performances is to be covered by the service provider. If the service provider is unable to perform these supplementary tasks, the customer has the right to return the product and revoke the contract, or retain the product with the agreed reduced original buying price.
DIFFERING TERMS OF SERVICE BY THE CUSTOMER
In the case that the customer is using his/her own Terms of Service, which differ from the Terms of Service set by the service provider. Only the terms of service by the service provider apply. Should the TOS by the customer contain the same paragraph, only those parts of the TOS apply that is the same as the TOS by the service provider.
APPLICABLE LAW AND JURISDICTION
This contract is governed by Swiss law. In the event of failure to reach an amicable settlement of any dispute between the parties, the Court based in Zurich, Switzerland shall have sole jurisdiction.
DATA AND PRIVACY
Muse & Sensia (Company identifier) takes the handling and protection of customer data as well as the legal duties seriously. The following terms layout how your data will be processed and handled when interacting with the Muse & Sensia website (www.musesensia.com) and Muse & Sensia social media profiles, by Muse & Sensia and our third-party partners. The Muse & Sensia website is hereafter referred to as “online store”.
The provider uses the data generated by the customer solely to process orders.
At any point in time, the customer has the right to free of charge information by the provider about his data including the following services, having the data amended, deleted, and classified his/her data free of charge. To do so, the customer must contact Muse & Sensia via e-mail.
Furthermore, the service provider will not hand any customer data to third parties without their consent, excluding service partners of the service provider that are needed to process orders. In the exclusion case, data sharing is limited to the necessary minimum.
PURCHASE DATA
When you buy something on the Muse & Sensia website, we collect personal information from you to fulfill the order. We collect specific information like your:
1. Billing and shipping address
2. Details relating to your purchase
3. e-mail address
4. Name
5. Phone number
We share this information with Squarespace, our online store hosting provider so that they can provide website services to us.
As you go through checkout, this site may auto-complete your shipping and billing address by sharing what you type with the Google Places API and returning suggestions to you to improve your checkout experience.
CUSTOMER ACCOUNTS
If you create a customer account on this website, we collect personal information to improve our checkout experience and customer service.
This information includes your:
1. Billing and shipping address(es)
2. Details about your orders
3. e-mail address
4. Name
5. Phone number
We share this information with Squarespace, our website hosting provider, so they can provide website services to us.
ABANDONED CART E-MAILS
You’ll receive an automated e-mail within 24 hours after you have abandoned your shopping cart, if the following occurs:
1. You enter your email address at checkout or are logged into your Customer Account.
2. You add a product that is in stock to your shopping cart.
3. You close your browser or leave this website without completing your purchase.
You can unsubscribe from these messages at the bottom of the e-mail. The e-mail will link back to this website, where you can pick up where you left off and complete your purchase.
MARKETING E-MAILS
We may send you marketing e-mails, which you can unsubscribe from by clicking the link at the bottom of the e-mail. We share your contact information with Squarespace, our e-mail marketing provider, so they can send these e-mails on our behalf.
ORDER AND ACCOUNT EMAILS
We will e-mail you with messages about your order or account activity. For example, we will e-mail you to tell you that:
1. You’ve made a purchase
2. Your payment has been received
3. When the products (stock) is available for shipment
4. Your order has been shipped
It is not possible to unsubscribe from these messages.
We share your contact information with Squarespace, our website hosting provider, so they can send these e-mails to you on our behalf.
AUTOMATIC DATA COLLECTION AND THIRD-PARTY PARTNERS
Information Collected Automatically
Anonymous data that is automatically collected is used to support the internal operation of the online store. This data is collected through Squarespace’s analytics tools and provided to the online store. In order to enable essential internal operations, such as:
1. Monitoring of visitor traffic.
2. Analyzing, which of our products are the most popular.
3. To enable us to understand how customers enter our website and which content, is viewed the most by our customers and visitors.
4. To reduce the repetition of content that is only relevant for first-time visitors.
5. To understand generally the location of our customers/visitors (e.g., zip code information).
6. To recognize the browsers used to visit the site, so that the content is adapted for the relevant browser, and to diagnose and fix technology problems.
When you visit this site, cookies and similar technologies like pixels and web beacons may be used to collect this anonymous information for the purpose of the internal operations of the online store.
A “cookie” is a piece of information that a web site or an app transfers to a user’s device for record-keeping purposes. As a user moves from one page or one screen to another, a cookie is used to tell us that it is the same device.
COOKIES
Cookies may also be used to keep track of your selections. You may set your device to accept or not accept cookies and you may delete any cookies that you have received. However, should you decide to disable any cookies we place on your device, you may not be able to use certain services or features on the site. A “web beacon” is a one-pixel image (which may be visible or transparent), which may be embedded on a web page or e-mail message, and which may also provide us with information about usage of that page or e-mail message.
We contract with Squarespace and other third parties to provide certain services to facilitate the operations of our site (“service providers”), such as to manage the analytics information about the usage of the site or to process donations.
Our service providers will be given access to your information only as described above and as is reasonably necessary to provide the services for which they are contracted. They will be required to abide by the terms of this privacy policy in their handling of personal information.
THIRD-PARTY PARTNERS
Squarespace
The online store is hosted via Squarespace, Inc. (Squarespace). They provide us with this online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Squarespace's data storage, databases, and the general Squarespace application.
They store your data on secure databases protected via a variety of industry-standard access controls. Secure passwords, SSL encryption, disk-based encryption, firewalls, and other measures are in place that help them to protect your data. However, no company, including Squarespace, can fully eliminate security risks associated with the transmission of personal information through online transactions, and you do so at your own risk.
In general, the third-party providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information we are required to provide to them for your purchase-related transactions.
Squarespace uses third-party payment processors to assist it in processing your personally identifiable payment information securely. Such third-party processors’ use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this privacy policy. Payments for our products are currently processed and managed using the third-party vendor Stripe. Please read their Privacy Policy for more information
For more information, you can read Squarespace's Terms of Service here or their Privacy Statement.
STORAGE OF INFORMATION
Your information collected through the site may be stored and processed in the United States or any other country in which our service providers maintain facilities. We or our service providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world.
If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. By using the site, you consent to the transfer of information to the U.S. or to any other country in which our service providers maintain facilities and the use and disclosure of information about you as described in this privacy policy.