Read these terms and conditions carefully. These general terms and conditions determine the conditions for access to and use of the website, the creation of an account and the purchase of goods on the website.
When creating an account and when placing order you will be asked to confirm that you have taken note of there general terms and conditions and that you accept their content as binding.
The conditions for sales below are valid for the sale of the products offered by Make Your Own Spirit BVBA, with its registered office at Industriepark 13, 9031 Drongen, Belgium, hereinafter referred to as MYOS. These conditions form an integral part of the agreement. It can only be deviated from in writing.
1. Establishment of the website
The website is a platform website that allows visitors to purchase products.
- Applicability and binding force
- Usage of this website
The use of this website is free.
- Creating an account
To be able to place orders on our website, you must use the payment options offered.
To purchase goods via this website you must be over 18 years old. MYOS reserves the right to close the access unilaterally and without prior notice if it appears that you are a minor.
- You are not permitted to use other people’s identities, proxies or temporary e-mail addresses.
- The goods are delivered as described in the order confirmation that is sent by e-mail after the order has been processed on this website. The prices are indicated in EURO, including personalization costs and any taxes (Eco, Recycling). VAT, transport costs and any payment costs are mentioned separately.
- The goods are delivered according to the periods indicated on this website. These are indicative, not binding.
- Delivery takes place at the buyer’s address unless a separate delivery address is specified when processing the order on this website. The delivery cost is indicated separately.
- Concerning any defect in the delivered goods, the law of 1 September 2004 on the protection of consumers, when selling consumer goods is applied.
- The right of withdrawal provided by the law of 14 July 1991 on commercial practices and consumer information and protection cannot be performed on the goods on which personalization has been affixed. The right to cancel is of course retained for incomplete or defective items. If a (non-personalized) product is not entirely as expected, it can be returned within 14 working days in the original packaging and new condition, without any reason.
- MYOS sometimes uses articles with prints produced by MYOS as an example on this website. If you object to this, you can report this to MYOS.
- The customer is liable for the images and texts supplied. MYOS takes no liability in connection with any property right, trademark right and/or copyright of third parties that might rest on the material supplied by the consumer.
- In the absence of payment of the delivered goods after the foreseen payment term, the buyer will be exposed to a collection of the balance due, plus 10% compensation with a minimum of 25 EURO and interest of late payment of 7%, if necessary, through legal channels
- MYOS also supplies goods for non-professional purposes.
- MYOS reserves the right to accept or not accept your purchase. Your purchase may be refused, but not exclusively, for the following reasons: You did not provide the requested data for the identification or provide incomplete or incorrect data; You try to log-in multiple times by using different names; You use someone else’s identity;
- You fail to comply with one or more of the obligations set out in these general terms and conditions or have failed to do so in the past, or MYOS can reasonably assume that you will not comply with such an obligation; Any other reason on the basis of which we can reasonably judge that your purchase cannot be accepted.
- From the moment your purchase is complete, you will receive a confirmation e-mail with all relevant data for access to and management of your purchase.
- Our liability
MYOS pays the utmost attention and care to the content of the website. However, this content is subjected to change, can be removed at any time and is offered to you without explicit or implicit guarantees regarding its accuracy. MYOS is not liable for damage resulting from the use of the content on the website, regardless of whether it was found to be correct or incorrect, nor for damage caused by using or distributing this content.
- MYOS makes every effort to grant access to the website 24 hours a day, 7 days of the week. Given the technical characteristics of the internet and the IT resources and the need for periodic maintenance, updates or upgrades, MYOS will make every effort to resolve this as quickly as possible. In case of a normally acceptable interruption or disruption is specific to the service provided via the internet and cannot be considered as shortcomings.
- Intellectual ownership
MYOS is the exclusive claimant or assignee of the entirety of the intellectual property rights associated with the website and the service offered. You undertake in no way and in any form whatsoever to copy all of the elements that make up the website, or any part thereof, to copy, edit, operate or resell or use in any other way, except when explicit written and prior approval has been given from MYOS. These elements include the band, the texts, the software, the databases, the forms, the trade names, the product names, the logos, the graphic elements and illustrations, the graphics, the music, the color combinations, the slogans, the layouts and arrangements and any other element of the websites service that qualify for protection.
- Our general terms and conditions of sales apply to every offer from us as a webshop owner to you (in your capacity as the consumer) and every other agreement that is concluded between us.
- before an agreement is concluded between us, we clearly communicate the text of these general terms and conditions of sales (as well as the other parts of the general terms and conditions) and ask you to accept them. The general terms and conditions are clearly made available to you with the option of storing them on a durable medium. If for some reason we are unable to show you our terms and conditions, you can get a copy or view of this by sending an e-mail to email@example.com.
- The general terms and conditions are made available to you before you confirm your order on the website. A web link is used for this. Via this web link, you can obtain the general terms and conditions in a format that you can save or print. We recommend that you always do this. You will tick that you have taken note of the general terms and conditions and have accepted them in full.
- In addition to these general terms and conditions, additional special terms and conditions apply, the aforementioned provisions regarding acquaintance and acceptance also apply to those special terms and conditions.
- If an offer only has a limited duration or is subject to a certain condition, we will explicitly state this in our offer.
- We strive to always describe what we sell to you as fully and accurately as possible. In any case, we try to give the description in sufficient detail to allow you to make a good choice. When we use images, we try to make them a true representation of the goods and/or services offered. However, online displays may deviate from reality. Taking into account, among other things, the differences that may occur during the creation of the display (eg photo) and the way in which this is displayed on the screen (and the setting that you use for this). MYOS cannot be held responsible for any differences between the representation and the reality. To the extent that you wish to cancel the sale, you can use this right of withdrawal within the limits specified for that purpose.
- Your order is complete and the agreement between us is final as soon as MYOS confirms your order by e-mail.
- During the period that we mention in our offer, our prices do not change, except for price changes as a result of changes in VAT rates. Our prices include all taxes, VAT taxes, and services. So, you will never be faced with surprises. In addition to the purchase price, shipping costs are also charged, which are stated before you finalize your purchase. These shipping costs are charged on the basis of the rates that apply at the time of the order and depending on the size of the package + the destination. These prices can be changed at any time since we also depend on the external transport company.
29. Unless we have agreed on different terms with you, we only accept prepayment through our website. If you notice inaccuracies in your payment details or notice something suspicious during your payment, you must notify us immediately via email at firstname.lastname@example.org.
30. Normally MYOS uses prepayment. If this is not the case and you have not paid in advance and you do not pay us in time or in full, we can charge you for the costs that you cause, from the thirtieth day after the invoice date without prior notice of default, you owe us interest of 10% per annum on the outstanding invoice amount, as well as the lump-sum compensation of 10% of the outstanding invoice amount. All goods that we sent you, remain in any our property until you have paid them in full. If you do not pay them (in time), we can decide at any time to take them back at your expense. As long as you have outstanding invoices with us, you may not resell, donate, use as property or make them real estate.
- we guarantee that our goods conform to your order and meet the normal expectations that you may have, taking into account the specifications of the product. We naturally also guarantee that our goods comply with all existing laws at the time of your order.
To the extent that you determine on delivery that the products do not comply with what was ordered (or are damaged), you must report this to MYOS within 24 hours by e-mail at email@example.com so that MYOS can use its rights. Safeguard in respect of the delivery service.
- In the event of force majeure, we are not obliged to meet our obligations. In that case, we can either suspend our obligations for the duration of the force majeure or terminate the agreement definitively. You as a consumer also have the same right in the event of force majeure.
Force majeure is any circumstance beyond our control and control that prevents the fulfillment of our obligations in whole or part. This includes, among other things, strikes, fire, business disruptions, energy disruptions, disruptions in (telecommunications) network or connection, or other communication systems and/or the unavailability of the webshop/website at any time, non-delivery or late delivery from suppliers or other used third parties, etc….
- Our website, logos, texts, photos, names and in general all our communications are protected by intellectual property rights that belong to us or to our suppliers, or other right holders.
It is forbidden to use and/or make changes to intellectual property rights as described in this article. For example, you may not copy or reproduce drawings, photos, names, texts, logos, color combinations, etc without our prior and express written permission.
- Modifications: If these general terms and conditions are changed, the new version is available on the website and this new version applies from your next order via the website. From that moment you are expected to have taken note of this and agreed to this. It is therefore important to check the date of adjustment stated above for each order.
- These general terms and conditions are governed, interpreted and implemented in accordance with the Belgian law, which applies exclusively to any dispute.
- The courts of the judicial district of Gent in Belgium have exclusive jurisdiction to rule on any dispute that could arise from the interpretation or implementation of these general terms and conditions, without prejudice to the possible application of mandatory legal provisions.
- Contact: For any additional information or comments regarding these terms and conditions, please contact MYOS at the following address: Make Your Own Spirit BVBA, with registered office at Industriepark 13, 9031 Drongen, Belgium
- The English text of these general terms and conditions prevails over translations thereof. Any complaint or dispute must be sent by registered mail to the above address. Every communication from us to you is done via the website or by e-mail. All our agreements are governed by Belgian law. All disputes arising from this agreement will be settled before the Court of Gent.