(Nederlandstalige versie hier)

GENERAL TERMS
AND CONDITIONS

Molds and Shapes B.V.

Registered office	Gentsevaart 6-N 4565 EV Kapellebrug The Netherlands
Postal address	Wilhelminastraat 31 4564 AC Sint Jansteen The Netherlands
Registration	Chamber of Commerce 42102152 VAT NL869737387B01
Online	www.moldsandshapes.com info@moldsandshapes.com

For sales to consumers and business customers in the Netherlands and internationally

English translation – version 20 July 2026

 

Contents

1. Definitions

2. Identity and contact details

3. Applicability and order of precedence

4. Offer and product information

5. Formation of the Contract

6. Prices and payment

7. Delivery, risk and international shipments

8. Consumer right of withdrawal

9. Returns and reimbursement

10. Exclusion of the right of withdrawal

11. Characteristics, use and care of silicone moulds

12. Conformity, defects and product complaints

13. Intellectual property and commercial use

14. Liability

15. Force majeure

16. Complaints and disputes

17. Final provisions

Annex – Model withdrawal form

How to read these terms

Provisions expressly referring to a ‘Consumer’ or ‘Business Customer’ apply only to that customer category. Mandatory consumer rights always remain applicable.

Article 1 – Definitions

1. In these terms: (a) Molds and Shapes means Molds and Shapes B.V.; (b) Customer means any natural or legal person entering into, or negotiating, a Contract with Molds and Shapes; (c) Consumer means a natural person acting for purposes outside their trade, business, craft or profession; (d) Business Customer means a Customer acting in the course of a trade, business, craft or profession; (e) Product means any item offered by Molds and Shapes, including a silicone mould, accessory or related creative product; (f) Custom-made Product means a Product made to the Customer’s individual choices or specifications and not prefabricated; (g) Contract means any contract between Molds and Shapes and the Customer; (h) Distance Contract means a contract concluded without the simultaneous physical presence of the parties under an organised distance-sales system; and (i) In Writing means by letter or electronic means, including email, where the recipient can retain the communication.

2. A ‘day’ means a calendar day. Where required by law, a period ending on a Saturday, Sunday or public holiday shall be extended accordingly.

Article 2 – Identity and contact details

1. Molds and Shapes B.V. has its registered office at Gentsevaart 6-N, 4565 EV Kapellebrug, the Netherlands. Its postal address is Wilhelminastraat 31, 4564 AC Sint Jansteen, the Netherlands.

2. Molds and Shapes is registered with the Dutch Chamber of Commerce under number 42102152 and has VAT identification number NL869737387B01.

3. Questions, withdrawal notices and complaints may be sent to info@moldsandshapes.com or submitted through the contact options stated at www.moldsandshapes.com.

Article 3 – Applicability and order of precedence

1. These terms apply to every offer, order and Contract under which Molds and Shapes sells or manufactures Products. They apply to Consumers and Business Customers unless a provision states otherwise.

2. Before or when the Contract is concluded, these terms shall be made available electronically in a form the Customer can store. A copy will be supplied free of charge on request.

3. An express written term of the Contract takes precedence over these terms. Product information, instructions and custom specifications form part of the Contract. In the event of conflict, the order of precedence is: the individual written agreement, the product or custom specification, and then these terms.

4. Any purchasing or other terms of a Business Customer are expressly rejected unless accepted by Molds and Shapes In Writing.

5. Nothing in these terms restricts mandatory Consumer rights. If any provision is void or unenforceable, the remaining provisions remain effective. Where necessary, the invalid provision shall be replaced by a valid provision approximating its purpose without prejudicing mandatory law.

Article 4 – Offer and product information

1. The offer states the principal characteristics, price, applicable taxes, delivery charges, payment method, expected delivery time and, where relevant, customisation choices. Any limited validity or special condition shall be clearly stated.

2. Dimensions, capacities, weights, colours and images are shown as accurately as reasonably possible. Minor deviations that do not materially affect use may arise from screen settings, measuring methods and the handcrafted production process. Images of cast objects, decorative items and casting materials are illustrative and are included only where expressly stated.

3. An obvious typographical, calculation or publication error is not binding where the Customer should reasonably have recognised the error. Molds and Shapes shall inform the Customer promptly and, where applicable, allow the order to proceed on the corrected terms or be cancelled without charge.

4. Advice on materials or use is general unless Molds and Shapes has confirmed In Writing that a Product is suitable for a precisely described special purpose. The Customer remains responsible for checking compatibility with casting materials, pigments, release agents, heat sources and cleaning products.

Article 5 – Formation of the Contract

1. The Contract is formed when the Customer accepts the offer, satisfies its conditions and Molds and Shapes confirms the order electronically. An automated acknowledgement constitutes acceptance unless it clearly states that a separate review is required.

2. Before completing the order, the Customer shall verify the Products, quantities, custom specifications, delivery details and contact details. Any error must be reported promptly.

3. Molds and Shapes may refuse an order or impose reasonable additional conditions in cases such as incomplete payment, demonstrable credit risk, suspected fraud, technically infeasible customisation or an order likely to infringe third-party rights. Any payment for a refused order shall be refunded.

4. A Business Customer may change or cancel an order only with written consent. Reasonable costs already incurred and work already performed may be charged. Consumer statutory rights, including withdrawal rights, remain unaffected.

Article 6 – Prices and payment

1. Prices shown to Consumers are in euros and include applicable VAT. Prices shown or quoted to Business Customers exclude VAT unless stated otherwise. Delivery and other charges are disclosed before the Contract is concluded.

2. Payment shall be made using an offered payment method and within the stated period. Molds and Shapes may require advance payment to the extent permitted by law. Manufacture of Custom-made Products and shipment may be suspended until payment is received.

3. A Consumer who fails to pay within the statutory fourteen-day period stated in a payment reminder owes statutory interest and collection costs in accordance with the law. A Business Customer is in default automatically after the payment date and owes statutory commercial interest and reasonable extrajudicial collection costs.

4. Payment or invoicing errors must be reported immediately. A Business Customer may not set off or suspend payment unless its counterclaim has been accepted In Writing or finally determined. Consumer rights are governed by mandatory law.

Article 7 – Delivery, risk and international shipments

1. Delivery is made to the address or collection point supplied by the Customer. The Customer is responsible for accurate and complete delivery information. Reasonable additional costs caused by an incorrect address, uncollected parcel or refused delivery may be charged where permitted by law.

2. A stated delivery time is an estimate. Unless otherwise agreed, delivery to a Consumer shall occur no later than thirty days. Statutory Consumer remedies apply to delay. A Business Customer must first give a reasonable additional period following expiry of a non-fundamental delivery date.

3. For Consumers, risk passes when the Consumer or a nominated third party other than the carrier takes possession. If the Consumer independently appoints a carrier not offered by Molds and Shapes, risk passes upon delivery to that carrier. For Business Customers, risk passes upon delivery to the agreed carrier unless agreed otherwise In Writing.

4. Molds and Shapes may deliver in instalments where reasonable. A Consumer shall not incur additional delivery charges without prior consent.

5. For deliveries outside the European Union, import duties, local taxes, customs and clearance charges are payable by the Customer unless expressly stated otherwise at checkout. Customs delays are outside Molds and Shapes’ control but do not affect mandatory Consumer rights.

6. The Customer is responsible for complying with laws and regulations applicable in the country where Products are imported or used, including local restrictions and registration, labelling and safety requirements. This does not limit the statutory duties of Molds and Shapes as manufacturer and seller.

7. Title to Products delivered to a Business Customer remains with Molds and Shapes until all claims relating to that delivery, including interest and costs, are paid. Products may be resold in the ordinary course of business but may not be pledged or otherwise encumbered while title is retained. For Consumers, retention of title applies only to the extent permitted by law.

Article 8 – Consumer right of withdrawal

1. A Consumer may withdraw from a Distance Contract for a Product without giving reasons within fourteen days. The period begins the day after the Consumer, or a nominated third party other than the carrier, receives the Product. For separately delivered Products it begins after receipt of the last Product, and for a Product consisting of parts after receipt of the final part.

2. Withdrawal must be communicated within the period by an unequivocal statement, including by email, or by using the model form in the Annex. Use of that form is optional. Dispatch before the deadline is sufficient.

3. During the withdrawal period, the Consumer may handle and inspect the Product only as necessary to establish its nature, characteristics and functioning, as would be permitted in a physical shop. The Consumer is liable for diminished value caused by additional handling unless the legally required withdrawal information was not provided.

4. The right of withdrawal does not apply to Business Customers or in the cases listed in Article 10. Any voluntary returns policy broader than the law is stated separately and does not alter the statutory right.

Article 9 – Returns and reimbursement

1. Following withdrawal, the Consumer shall return the Product without undue delay and within fourteen days after the withdrawal notice to the return address supplied by Molds and Shapes. The deadline is met if the Product is dispatched before it expires.

2. Direct return costs and transit risk are borne by the Consumer unless Molds and Shapes agreed to bear them or failed to provide the required pre-contract information. A traceable and suitably protected return method is recommended.

3. Molds and Shapes shall refund all payments received for the withdrawn part, including the cost of the least expensive standard delivery offered. Additional costs resulting from a more expensive delivery method are not refunded. Original delivery costs for a partial withdrawal are refunded only where required by law.

4. Reimbursement shall be made within fourteen days after receipt of the withdrawal notice, using the same payment method and without charge. Molds and Shapes may withhold reimbursement until the Product is received or the Consumer supplies proof of dispatch, whichever occurs first.

Article 10 – Exclusion of the right of withdrawal

1. The right of withdrawal is excluded for a Product made to the Consumer’s specifications, not prefabricated and made on the basis of an individual choice or decision, or clearly personalised, provided the exclusion was clearly disclosed before ordering.

2. This may include a silicone mould bearing Customer-supplied names, text, logos or unique artwork; a specially adapted size or shape; or a one-off mould developed from the Customer’s own model or file.

3. A standard design is not a Custom-made Product merely because it is produced after ordering. Standard Products remain subject to the withdrawal right where the statutory conditions are met.

4. This exclusion does not restrict Consumer remedies where a Custom-made Product fails to conform, arrives damaged or differs from the agreed written specifications.

Article 11 – Characteristics, use and care of silicone moulds

1. Silicone moulds are flexible working products. Minor casting seams, colour variation, surface texture or dimensional variation inherent in production and not materially affecting intended use are not defects. The stated dimensions and tolerances govern.

2. Service life depends on geometry, wall thickness, undercuts, casting material, exothermic heat, curing, demoulding, cleaning, storage and frequency of use. A particular number of casts is guaranteed only when expressly confirmed In Writing.

3. The Customer shall follow product information and instructions, avoid excessive pulling and sharp tools, adequately support large or heavy moulds, and store moulds clean, dry, flat and protected from direct sunlight and extreme temperatures.

4. Before each use, the Customer shall check that the mould is free from damage, tears, distortion, contamination or other defects that may affect the quality or safety of casting. In case of doubt, it shall not be used until safe use has been established.

5. Before use, the Customer shall verify chemical and thermal compatibility of resin, epoxy, UV resin, polyurethane, Jesmonite, plaster, concrete, wax, pigments, solvents, release agents and other materials. A small inconspicuous test shall be performed if in doubt. Damage caused by incompatibility or exceeding a stated temperature limit is not a defect in the mould.

6. A Product is suitable for food contact, use by children, medical applications, body contact, high temperatures or another regulated use only where expressly stated. A casting is not a toy or food-safe merely because a silicone mould was used.

7. The Customer is responsible for safe processing, ventilation, personal protective equipment, safety data sheets and the material manufacturer’s instructions. Sale of a mould does not warrant the safety or properties of a casting material chosen by the Customer.

8. Where necessary for user safety or compliance with product-safety law, Molds and Shapes may publish or directly communicate safety information, warnings, corrective measures or product recalls. The Customer shall follow reasonable safety instructions and recall directions.

Article 12 – Conformity, defects and product complaints

1. Molds and Shapes supplies Products conforming to the Contract, product description and applicable law. Consumers retain all statutory conformity rights. Any commercial warranty applies only where expressly offered and never limits statutory rights.

2. A Consumer shall report a suspected defect within a reasonable period after discovery. A report within two months is always timely. Molds and Shapes may request reasonable information, photographs or the Product for assessment without unnecessarily obstructing statutory remedies.

3. Where a Product did not conform upon delivery, the Consumer is entitled to free repair or replacement under applicable law. If these are impossible, not completed within a reasonable time or cannot reasonably be required, the Consumer may claim a price reduction or termination in accordance with the law. Termination is unavailable for a minor defect where the law so provides.

4. A Business Customer shall inspect quantities, visible damage and visible deviations immediately and report them In Writing within seven days. Latent defects shall be reported within seven days after discovery and no later than twelve months after delivery. These periods do not apply to intentional or deliberately reckless conduct by Molds and Shapes and are subject to mandatory law.

5. Damage or wear caused by normal wear, improper use, insufficient support, incorrect storage or cleaning, incompatible materials, extreme exothermic reaction, cutting or piercing, Customer modification or repair, or failure to follow clear instructions is not a defect unless also caused by a defect existing on delivery.

Article 13 – Intellectual property and commercial use

1. Copyright, design rights, trade marks and other intellectual property rights in designs, moulds, prototypes, product photographs, text, drawings, packaging and other materials remain with Molds and Shapes or the relevant right holder. Purchase does not transfer those rights.

2. The Customer may use a lawfully purchased mould to make and commercially sell castings, unless a different restriction for a specifically licensed design was clearly disclosed before purchase. The Customer is responsible for product safety, labelling, claims, taxes and all laws applicable to its castings.

3. Without prior written permission, a mould or protected design may not be copied in whole or in part, reproduced, scanned, digitised, imitated, commissioned for imitation or traded. A mould may not be altered or combined, nor may parts be taken from it, for the purpose of producing, offering or selling an altered mould or derivative design.

4. Without prior written permission, a mould may not be cast in whole or in part using silicone or another mould-making material in order to manufacture a new mould directly or through an intermediate model. A casting may not be used as a mother mould, master or intermediate model to reproduce the design or mould.

5. The prohibition includes manufacturing, commissioning, offering or selling a design that is identical or substantially similar to a protected Molds and Shapes design, including a version with only minor changes to dimensions, proportions, details, decoration or composition. This applies to the extent the design is protected by intellectual property rights or the imitation is otherwise unlawful.

6. For Custom-made Products based on Customer materials, the Customer warrants that it holds all necessary rights and permissions. The Customer indemnifies Molds and Shapes against third-party claims arising from those instructions except to the extent caused by Molds and Shapes’ independent acts. For Consumers, this applies only where legally permitted and the Consumer is at fault.

7. Names, logos, photographs or trade marks of Molds and Shapes may be used in marketing castings only in a way that does not suggest official dealership, licence or representation, unless agreed In Writing.

8. Where a Customer voluntarily submits photographs or other imagery, Molds and Shapes may publish or use it for marketing only after permission has been given or where the Customer expressly submitted it for publication. Permission may be withdrawn for future use without affecting lawful use before withdrawal.

Article 14 – Liability

1. Molds and Shapes is liable for loss to the extent attributable to it under the law. Nothing excludes or limits liability for death or personal injury, intent or deliberate recklessness by management, product liability, breach of mandatory Consumer rights, or any case where limitation is unlawful.

2. The Product shall be used as intended and instructed. Molds and Shapes is not liable for loss caused solely by incompatible casting materials selected by the Customer, unsafe working methods, incorrect temperatures or mixing ratios, insufficient ventilation or protection, or use of a casting for an undisclosed regulated purpose.

3. Subject to paragraph 1, liability to a Business Customer is limited to direct loss and to the amount paid by the liability insurer in the relevant case plus the applicable excess. If no insurance payment is made for any reason, liability is limited to the invoice amount of the relevant delivery giving rise to the liability.

4. Subject to paragraph 1, Molds and Shapes is not liable to a Business Customer for indirect or consequential loss, loss of profit, savings or data, production stoppage or third-party loss. A Business Customer shall notify a claim In Writing within twelve months after becoming aware of the loss and potential liability, subject to limitation periods that cannot lawfully be varied.

5. Statutory damages rules apply to Consumers. A Consumer’s duty to mitigate applies only to the extent reasonably required.

Article 15 – Force majeure

1. A party is not required to perform while performance is prevented by circumstances not attributable to it. Depending on the circumstances, these may include fire, flood, epidemic, war, government action, severe transport disruption, prolonged energy or communications failure, or an unforeseen failure by an essential supplier where no reasonable alternative exists.

2. The affected party shall inform the other promptly and reasonably mitigate the effects. Obligations are suspended while force majeure continues. Payment remains due for Products already properly delivered.

3. If force majeure continues for more than sixty days, either party may terminate the unperformed part In Writing without damages. Consumers retain mandatory rights, including termination for late delivery where statutory conditions are met.

Article 16 – Complaints and disputes

1. A complaint should be submitted promptly and clearly to info@moldsandshapes.com or the postal address in Article 2, preferably with the order number, Product, description and relevant photographs. Statutory rights and notification periods remain unaffected.

2. Molds and Shapes shall acknowledge and normally respond within fourteen days. If more time is required, the Customer shall receive an acknowledgement and estimated timetable within that period.

3. The Contract is governed by Dutch law. A Consumer resident outside the Netherlands retains the protection of mandatory rules of the country of habitual residence insofar as those rules cannot validly be excluded under applicable conflict-of-law rules.

4. Consumer disputes shall be submitted to the court having jurisdiction under applicable law. Business disputes shall be submitted exclusively to the competent court of the District Court of Zeeland-West-Brabant, unless mandatory law provides otherwise. Molds and Shapes may also sue a Business Customer before a court otherwise having jurisdiction.

5. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded for Contracts with Business Customers.

Article 17 – Final provisions

1. Amendments apply only if agreed In Writing or validly announced for future Contracts. No amendment has retroactive effect on an existing Contract unless the Customer agrees or it operates solely to the Customer’s benefit.

2. Molds and Shapes may transfer rights and obligations as part of a business transfer or reorganisation. Consent shall be obtained for transfer of material obligations to a Consumer where required by law, and statutory Consumer rights shall not be reduced.

3. Failure to enforce a right immediately does not waive it. Waiver is effective only if made clearly In Writing.

4. In the event of inconsistency between translations, the Dutch text prevails for Business Customers. For Consumers, this does not prejudice legally required information in another language or the interpretation most favourable to the Consumer where applicable.

5. This version was adopted on 20 July 2026 and applies to Contracts concluded on or after that date.

6. Previous versions cease to apply from the effective date of this version, without prejudice to Contracts concluded before that date. Those Contracts remain governed by the version applicable when they were concluded unless the parties validly agree otherwise.

 

Annex – Model withdrawal form

Complete and return this form only if you wish to withdraw from the Contract. You may also use any other unequivocal statement.

* Delete as appropriate.

You can download the Terms of Service here.