terms &
conditions

About kept.

The webshop and the kept. brand are operated by:

These Terms and Conditions apply to consumer purchases made through the kept. webshop. Mandatory consumer rights cannot be limited by these Terms.

If you are purchasing primarily for business purposes, please contact us before ordering. Different terms may apply to business purchases.

The product

kept. creates made-to-order, personalised physical figures from photographs and visual material submitted by the customer.

Unless the product page states otherwise:

• the standard figure is approximately 15 cm high;
• the size is approximate and may vary slightly because proportions, pose, hairstyle, accessories and production requirements differ between figures;
• the figure is a decorative collectible intended for display;
• it is not intended or certified as a toy and should be kept away from small children;
• it is fragile and should be handled with care; and
• the purchase includes the finished physical figure only, not internal digital production files, working files, methods, prompts, technical settings or source material created during production.

The product page, order summary and order confirmation form part of the agreement.

Artistic interpretation and expected variation

Each figure is a small-scale physical interpretation of the photographs supplied. The result is personalised, but it is not a forensic, biometric or exact duplicate of a person.

Details may be simplified, inferred or adjusted because of the small scale, the quality and angles of the submitted photographs, the pose, clothing, hair, accessories, materials, production tolerances and the need to make the figure physically stable.

Colours may appear different from the photographs because of lighting, camera settings, screens, materials and production processes. Very small facial, fabric and accessory details may not be reproduced exactly.

These expected and reasonable variations are not defects by themselves. This does not limit your statutory rights if the figure does not conform to what was agreed or has an actual production defect.

Photograph requirements

For the most detailed result, we recommend four clear, high-quality, full-body photographs showing the front, left side, right side and back, with the same outfit and pose.

One clear front photograph may be accepted. If only one photograph is supplied, kept. must infer or interpret details that are not visible, including the sides, back, exact proportions, accessories and parts of the outfit. The result may therefore contain more interpretation and less detail than a figure created from four consistent views.

The customer is responsible for checking that:

• the correct person, outfit, pose and accessories are shown;
• the files are clear enough to use;
• the photographs do not contain accidental or unwanted persons or information;
• any written instructions are complete and accurate; and
• separate, suitable photographs are supplied for each additional figure ordered.

If the photographs are unusable, inconsistent or incomplete, kept. may request replacement material. Production and delivery time may be extended until suitable material has been received.

Customer instructions and production decisions

You may provide reasonable written wishes regarding pose, clothing, accessories and visible details. We will try to follow clear instructions that are supported by the photographs and technically feasible.

kept. may make reasonable production adjustments where necessary for stability, durability, scale, safety or visual coherence. We may omit, thicken, simplify, reposition or secure very small, thin, unsupported or fragile elements.

Unless expressly offered on the product page, kept. does not provide a customer preview or approval round before the figure is produced.

Requests made after an order has been accepted may not be possible and may delay the order or require an additional payment. Any additional payment will be agreed before the change is made.

Rights to submitted material

You must only upload photographs and other material that you are legally entitled to submit and use for the purpose of creating the ordered figure.

By submitting material, you confirm that:

• you own the necessary rights or have obtained the necessary permission;
• the material does not unlawfully infringe copyright, privacy, image, personality or other rights;
• where another adult is depicted, you have informed that person about the processing and provided access to kept.’s Privacy Policy or applicable privacy notice;
• where a child or minor is depicted, you are the parent or legal guardian or have permission from the parent or legal guardian; and
• the material is not illegal, threatening, abusive, exploitative or otherwise unlawful.

You grant kept. a limited, non-exclusive and royalty-free right to copy, adapt, transmit and otherwise process the submitted material solely as necessary to fulfil the order, perform quality control, provide customer service, handle complaints and legal claims, and make reorders where the files are lawfully retained.

This limited right ends when the relevant files are deleted, except to the extent continued processing is required or permitted by law or is necessary for an unresolved complaint, dispute or legal claim.

kept. may refuse or cancel an order if the material appears unlawful, unsafe, exploitative, technically unusable or inconsistent with these Terms. If we cancel before meaningful production work has begun, we will refund the amount paid. If cancellation is caused by the customer’s material after substantial custom work has begun, any deduction or refusal of refund will be limited to what is lawful and reasonable in the circumstances.

Order process and formation of the contract

The presentation of a product on the website is an invitation to place an order.

Before placing the order, you can review and correct your information, uploaded files, quantity, delivery details and total price.

When you place an order, you make an offer to purchase the personalised product. An automatic receipt e-mail confirms that we received the order; it does not necessarily mean that the order has been accepted.

The contract is formed when kept. sends an order-acceptance confirmation or begins production, whichever occurs first.

We may reject an order if, for example:

• payment cannot be authorised;
• the submitted material is unusable or unlawful;
• the requested result is not technically feasible;
• delivery is not available to the destination;
• there is an obvious pricing or system error; or
• the order would create a safety, legal or rights-related concern.

If we reject an order after payment has been captured, we will refund the payment without undue delay.

The contract language is English unless another language is expressly stated in the checkout. The applicable version of the Terms is the version supplied or made available in connection with the order.

Prices, VAT and delivery charges

The price shown at checkout is the total product price including VAT or other taxes that kept. is required to collect, unless the checkout clearly states otherwise.

Delivery charges and any other unavoidable charges payable to kept. will be shown before the order is placed.

kept. currently accepts orders for delivery only to the countries made available at checkout. If delivery outside the EU is offered in the future, local import VAT, customs duties or handling charges may be payable by the recipient unless the checkout expressly states that such charges are included.

We are not bound by an obvious price or calculation error that the customer knew or reasonably should have recognised. If an error affects an order, we will contact the customer and offer the choice of confirming the correct price or cancelling for a full refund.

Payment and express agreement to prepayment

The payment methods available to a customer are those displayed at checkout and may vary depending on country, device and payment provider.

Because each figure is made specifically from the customer’s photographs and cannot ordinarily be resold, kept. requires full prepayment.

The full amount is charged when the order is placed, before production and dispatch. This prepayment is taken only after the customer has expressly accepted the separate prepayment statement presented in the checkout.

Payment information is processed by the relevant payment provider. kept. does not normally receive or store complete payment-card details.

If an order is not accepted or cannot be fulfilled, the relevant amount will be refunded to the original payment method without undue delay.

Production and delivery

Estimated production time: normally 7–12 business days from the time when kept. has accepted the order, received full payment and received all usable photographs, instructions and other information required to begin production. Most orders are expected to be delivered within approximately 2–3 weeks in total.

Estimated shipping time after dispatch:

• Denmark: normally 1–3 business days; and
• other EU countries: normally 2–7 business days.

Delivery countries and restrictions: kept. currently delivers to Denmark and the other EU countries available for selection at checkout. We do not deliver to P.O. boxes, parcel-forwarding services or destinations subject to applicable trade or shipping restrictions unless expressly stated otherwise.

Orders are sent by tracked delivery through GLS, UPS or another suitable tracked carrier selected by kept. depending on the destination. Tracking information will normally be provided after dispatch.

The estimated delivery date is calculated from the time when:

• the order has been accepted;
• payment has been completed; and
• kept. has received all usable photographs, instructions and other information required to begin production.

Delivery estimates are not guaranteed dates unless expressly agreed. We will inform you of material delays.

The risk of loss or damage passes to the consumer when the consumer, or a third party designated by the consumer other than the carrier, takes physical possession of the figure, except where mandatory law provides otherwise.

You are responsible for providing a complete and accurate delivery address. Additional costs caused by an incorrect address, refusal of delivery or failure to collect a parcel may be charged only to the extent they are documented, lawful and reasonable.

No statutory right of withdrawal

The figure is produced from the customer’s own photographs and specifications and has a clearly personalised character.

The statutory 14-day right of withdrawal for distance purchases therefore does not apply to the personalised figure.

Before payment, the customer is required to acknowledge clearly that the ordered figure is personalised and that the statutory right of withdrawal does not apply.

You may contact us immediately if you wish to change or cancel an order. We may, as a voluntary service, accept a cancellation if production has not begun, but we are not required to do so. Once production or substantial custom work has begun, cancellation will normally not be possible.

This section concerns withdrawal or change of mind. It does not affect rights relating to defects, non-conformity, damage or non-delivery.

Inspection, transport damage and complaints

Please inspect the figure reasonably soon after delivery.

If the parcel or figure is damaged, contact us promptly at hello@wearekept.studio and provide:

• the order number;
• a description of the problem; and
• clear photographs of the figure, packaging and shipping label where relevant.

Prompt evidence helps us investigate the issue with the carrier, but failure to report within a short voluntary period does not remove statutory consumer rights.

Statutory conformity and complaint rights

Consumers have the mandatory complaint and conformity rights provided by applicable law. For purchases governed by Danish consumer law, the statutory complaint period is generally two years from delivery.

A complaint must concern a defect or non-conformity that existed at delivery or whose underlying cause existed at delivery. The assessment takes account of the agreed product description and the reasonable artistic and small-scale variations explained in these Terms.

Depending on the circumstances and mandatory law, remedies may include correction, replacement, a proportionate price reduction or termination of the purchase.

Where lawful and reasonable, kept. may first offer to correct or replace the figure. The remedy will be provided without charge, within a reasonable time and without significant inconvenience to the consumer.

Contact us before returning a figure. If the complaint is justified, kept. will cover reasonable return costs in accordance with applicable law.

Reorders and additional copies

Where photographs and production files are still lawfully retained, the customer may be able to order additional copies without having the production model recreated.

Availability, price, colours and production methods may change. An additional copy may therefore differ slightly from an earlier figure.

If the relevant files have been deleted, a reorder may require new photographs and new production work and may be treated as a new order.

Ownership of the physical figure and production materials

Ownership of the finished physical figure passes in accordance with applicable law and the payment terms.

Unless expressly agreed in writing, the order does not include ownership, delivery or access to kept.’s or its service providers’ internal digital production files, working files, templates, prompts, methods, technical settings, know-how or other production materials.

Nothing in this section limits rights under data-protection law. A right of access to personal data does not necessarily require disclosure of complete internal files where this would adversely affect intellectual-property rights, trade secrets or the rights of others, subject to applicable law.

Marketing use

kept. does not use customer photographs, production files, the finished figure, a customer name, testimonial or customer story for marketing, advertising, social media, portfolio, press or promotional purposes without separate, specific and voluntary permission from the relevant adult.

Permission is not required to place an order. Marketing consent is handled separately from these Terms and may be withdrawn at any time.

Material depicting children or minors is not used for marketing.

Liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including mandatory consumer rights.

kept. is not responsible for loss caused by incorrect, unlawful, incomplete or misleading material supplied by the customer, except to the extent kept. contributed to the loss or mandatory law provides otherwise.

For consumer purchases, any limitation of liability applies only to the extent permitted by mandatory law.

Events outside reasonable control

kept. is not responsible for delay caused by events genuinely outside its reasonable control, such as serious transport disruption, fire, flood, war, embargo, public-authority action, widespread infrastructure failure, critical equipment failure or material interruption of essential third-party technology or supply services.

We will take reasonable steps to reduce the effect of the event and will contact affected customers. This section does not remove any mandatory right to cancel because of material delay or non-delivery.

Personal data

Personal data is processed as described in kept.’s Privacy Policy.

Where another person is depicted in material submitted by a customer, the customer must ensure that the person is informed about the processing and is given access to kept.’s Privacy Policy or any separate privacy notice made available for persons depicted in customer-submitted photographs.

Complaints and dispute resolution

Please contact kept. first so we can try to resolve the matter:

If a consumer complaint cannot be resolved directly and the matter falls within the relevant jurisdiction and value limits, a Danish consumer may submit the complaint to Mæglingsteamet for Forbrugerklager at Nævnenes Hus and, where relevant, subsequently to Forbrugerklagenævnet.

Consumers resident in another EU/EEA country may also seek assistance from the European Consumer Centres Network in their country.

Governing law and courts

These Terms and the purchase are governed by Danish law, except that this choice does not deprive a consumer of mandatory protection under the law of the country in which the consumer habitually resides where that law applies.

Disputes may be brought before the courts that have jurisdiction under mandatory consumer and procedural law. These Terms do not require a consumer to bring proceedings exclusively in Denmark where the consumer has a mandatory right to sue elsewhere.

Severability and changes

If part of these Terms is found invalid or unenforceable, the remaining parts continue to apply to the extent possible.

We may update these Terms for future orders. The version supplied or made available in connection with an order applies to that order and will not be changed retrospectively without agreement or a lawful basis.