Terms and Conditions
Please read these Terms and Conditions carefully. These General Terms and Conditions determine the conditions for accessing and using the Website, creating an account and purchasing goods on the Website.
When creating an account and placing orders, you will be asked to confirm that you have read these Terms and Conditions and that you accept their content as binding.
The sales conditions below are valid for the sale of the products offered by Make Your Own Spirit BVBA, with registered office at Industriepark 13, 9031 Drongen, Belgium. Hereinafter referred to as MYOS. These conditions form an integral part of the agreement. They can only be deviated from in writing.
1. Structure of the Website
The Website is a platform website that allows visitors to purchase products.
2. Applicability and binding force
These General Terms and Conditions of Use of the Website apply to each use of the Website. By visiting the Website, you declare to have read these General Terms and Conditions of Use of the Website and to accept their contents as binding.
3. Using the Website
The use of the Website is free of charge.
4. Creation of an account
In order to place orders on our Website, you must use the payment methods offered.
To purchase goods via this Website, you must be over 18 years of age. MYOS reserves the right to cut off your access unilaterally and without prior notice if it appears that you are a minor.
5. You are not allowed to use someone else's identity, proxies and temporary email addresses.
6. The goods are delivered as described on the order confirmation sent by e-mail after completion of the order on this website. Prices are indicated in EURO, including personalisation costs and any taxes (Eco, Recyclage). VAT, transport costs and any payment costs are stated separately.
7. The goods are delivered according to the terms indicated on this website. These are indicative, not binding.
8. Delivery is made to the address of the buyer, unless a separate delivery address is provided when processing the order on this website. The delivery cost is indicated separately.
9. As regards any defects in the delivered goods, the Law of 1 September 2004 on consumer protection in the sale of consumer goods will be applied.
10. The right of renunciation provided by the Act of 14 July 1991 on commercial practices and consumer information and protection cannot be exercised for goods that have been personalised. The right of renunciation is of course maintained for incomplete or defective articles. Should a (non-personalised) product not be quite as expected, it can be returned within 14 working days in its original packaging and in new condition, without any reason.
11.MYOS sometimes uses as examples on this website articles with prints produced by MYOS. If you object to this, please notify MYOS.
12.The customer is liable for the images and texts delivered. MYOS assumes no liability in connection with any property rights, trademark rights and/or copyrights of third parties that might rest on the material supplied by the customer.
13. In case of non-payment of the delivered goods after the foreseen payment term, the customer shall be exposed to collection of the balance due, to be increased by 10% damages with a minimum of EUR 25 and interest on arrears of 7%, if necessary through legal means.
14.MYOS also delivers goods for non-professional purposes.
15.MYOS reserves the right to accept or reject your purchase. Your purchase may be refused, among other things, but not exclusively, for the following reasons: You do not provide the requested data for identification or provide incomplete or incorrect data for it; You attempt to log in several times
registration using different names; You use another person's identity;
16. You fail to meet one or more obligations set out in these Terms and Conditions or have failed to do so in the past or MYOS can reasonably assume that you will fail to meet such an obligation; Any other reason on the basis of which we can reasonably judge that your purchase cannot be accepted.
17. From the time Your purchase is complete, You will receive a confirmation email containing all relevant details for accessing and managing Your purchase.
18. Our liability
MYOS pays the utmost attention and care to the content of the Website. However, this content is subject to changes, may be removed at any time and is offered to you without explicit or implicit guarantees as to its correctness. MYOS is not liable for damage resulting from the use of the content on the Website, regardless of whether it appeared correct or incorrect, nor for damage caused by the use or distribution of this content.
19. MYOS makes every effort to provide access to the Website 24 hours a day and 7 days a week. However, given the technical characteristics of the Internet and computing resources and the need to carry out periodic maintenance, update or upgrade work, MYOS cannot guarantee uninterrupted access and service. In case of normally acceptable interruption or disruption of the access or service, MYOS shall make every effort to remedy this within the shortest possible time. Such normally acceptable interruptions or disruptions are peculiar to the provision of services via the Internet and cannot be considered failures.
20. Intellectual property
MYOS is the exclusive owner or assignee of all intellectual property rights associated with the Website and the Service offered. You undertake not to copy, adapt, exploit, resell or use in any other way, in any way or under any form whatsoever, all or part of the elements that make up the Website, except with the explicit prior written approval of MYOS. These elements include the brand, texts, software, databases, forms, trade names, product names, logos, graphical elements and illustrations, graphics, music, colour combinations, slogans, layouts and page layouts and any other element of the Website and the Service that qualifies for protection.
21.Our General Terms of Sale apply to any offer made by us as a Web merchant to you (in your capacity as a consumer) and any
agreement concluded between us.
22.Before a contract is concluded between us, we clearly communicate the text of these General Terms of Sale (as well as the other parts of the General Terms) to you and ask you to accept them. The General Terms and Conditions are made clearly available to you with the option of saving them on a durable medium. If for some reason we are unable to show you our Terms and Conditions, you can obtain a copy or inspection by sending an e-mail to [email protected].
23. The General Terms and Conditions are made available to you before you confirm your order on the website. A weblink will be used for this purpose. Via this weblink 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 read the General Terms and Conditions and have accepted them in full.
24. If, in addition to these General Terms and Conditions, additional special terms and conditions apply, the above-mentioned notice and acceptance also applies to those special terms and conditions.
25.If an offer only has a limited period of validity or is subject to certain conditions, we expressly state this in our offer.
26. We always endeavour to describe as completely and accurately as possible what we are selling you. In any event, we try to give the description in sufficient detail to allow you to make a proper assessment. If we use images, we try to make them a true representation of the goods and/or services on offer. However, the online representations may differ from reality, taking into account, among other things, the differences that may arise when making the representation (e.g. photograph) and the way it is displayed on the screen (and the settings used by you for this purpose). However, MYOS cannot be liable for any differences between the display and reality. To the extent that you wish to abandon the sale, you may exercise your right of withdrawal within the limits indicated for this purpose.
27.Your order is complete and the agreement between us is final as soon as MYOS confirms your order by email.
28.During the period mentioned in our offer, our prices do not change, except for price changes due to changes in VAT rates.
Our prices include all taxes, VAT, duties and services. So you will never be surprised. In addition to the purchase price, shipping costs are charged, which are mentioned before you finalise your purchase. These shipping costs are charged based on the rates applicable at the time of the order and in function of the size of the package and the destination.
of the package and the destination. However, these prices are subject to change at any time as we also depend on the external transport company.
29. Unless we have agreed otherwise with you, we only accept prepayment via our website. If you notice any inaccuracies in your payment details or notice anything suspicious during your payment, you should notify us immediately at the e-mail address [email protected].
30.MYOS normally uses prepayment. If this should not be the case and you have therefore not paid in advance and you do not pay us on time or in full, we may charge you for the costs caused by this. In any case, you will owe us interest of 10% per annum on the outstanding invoice amount from the 30th day after the invoice date without prior notice of default, as well as liquidated damages of also 10% of the outstanding invoice amount. All goods we send you remain our property until you have paid for them in full. If you do not pay them (on time), we may decide at any time to take them back at your expense. As long as you have outstanding invoices with us, you may not resell, give away, use as collateral or realise the goods delivered by us.
31. We guarantee that our goods are in conformity with your order and meet the normal expectations you may have of them taking into account the specifications of the product. We also warrant to you that our goods comply with all laws existing at the time of your order.
To the extent that you discover upon delivery that the products do not comply with what was ordered (or are damaged), you shall report this to MYOS by e-mail within 24 hours at [email protected] so that MYOS can safeguard its rights with regard to the delivery service.
32. In case of force majeure, we are not obliged to fulfil our obligations. In that case, we can either suspend our obligations for the duration of the force majeure, or dissolve the agreement definitively. As a consumer, you also have the same right in case of force majeure.
Force majeure is any circumstance beyond our will and control that prevents the fulfilment of all or part of our obligations. By this we mean, among other things, strikes, fire, operational failures, energy failures, failures in a (telecommunication) network or connection or communication systems used and/or the unavailability of the Web merchant's website at any time, non-delivery or non-timely delivery of suppliers or other third parties called in, ...
33. Our website, logos, texts, photos, names and in general all our communications are protected by intellectual property rights vested either in us, our suppliers or other right holders.
You are prohibited from using and/or modifying the intellectual property rights described in this article. For example, you may not copy or reproduce drawings, photographs names, texts, logos colour combination, etc ... without our prior and express
34. Cancelling orders is not possible due to their personalised nature.
35. Amendments: If these Terms and Conditions are amended, the new version will be available on the Website and this new version will apply from your next order via the Website. From then on, you will be deemed to have taken note of it and to have agreed to it. It is therefore important to check the modification date mentioned above with each order.
36.These General Terms and Conditions shall be governed, interpreted and implemented in accordance with Belgian law, which is exclusively applicable in the event of any dispute.
37.The courts of the judicial district of Ghent in Belgium have exclusive jurisdiction to adjudicate any dispute that might arise from the interpretation or execution of these General Terms and Conditions, without prejudice to the possible application of mandatory legal provisions.
38.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
39.The Dutch text of these General Conditions shall prevail over translations thereof.
Any complaint or dispute should be sent by registered mail to the above address.
Any 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 shall be settled before the court of Ghent.