General Terms and Conditions
Please read these Terms and Conditions carefully. These Terms and Conditions govern the conditions of 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 orders, you will be asked to confirm that you have taken note of these Terms and Conditions and that you accept their content as binding.
The following terms and conditions of sale 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 are an integral part of the agreement. They can only be deviated from in writing.
1. Structure of the Website
The Website: www.makeyourowncandle.com 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 all 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 content 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.
You must be over 18 years old to purchase goods through this Website. MYOS reserves the right to unilaterally terminate your access without prior notice if it appears that you are underage.
5. You are not allowed to use another person’s identity, proxies and temporary email addresses.
6. The goods are delivered as described on the order confirmation that is sent by e-mail after completion of the order on this website. The prices are indicated in EURO, including personalization costs and possible taxes (Eco, Recycling). VAT, transport costs and possible payment costs are mentioned separately.
7. The goods will be delivered according to the terms indicated on this website. These are indicative, not binding.
8.The delivery takes place at the address of the buyer, unless a separate delivery address is specified when processing the order on this website. The delivery cost will be indicated separately.
9. With regard to any defects in the delivered goods, the Act of 1 September 2004 on the protection of consumers in the sale of consumer goods applies.
10. The right of renunciation provided for in the Act of 14 July 1991 on trading practices and the provision of information to and the protection of consumers cannot be exercised in respect of goods bearing personalisation. The right of renunciation shall naturally be retained for incomplete or defective items. Should a (non-personalized) 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 have any objections to this, please report this to MYOS.
12.The customer is responsible for the images and texts provided. MYOS assumes no liability in connection with any property rights, trademarks and / or copyrights of third parties that may be vested in the material provided by the customer.
13. In case of non-payment of the delivered goods after the foreseen term of payment, the buyer shall be exposed to the collection of the balance due, to be increased by 10% damages with a minimum of 25 EUR and default interests of 7%, if necessary by judicial means.
MYOS also delivers goods for non-professional purposes.
MYOS reserves the right to accept or refuse your purchase. Your purchase may be refused for the following reasons, among others, but not exclusively: You do not provide the requested data for identification or provide incomplete or incorrect data for it; You attempt to sign in multiple times
You attempt to register multiple times using different names; You use someone else’s identity;
16. You fail to comply with one or more obligations set forth in these Terms and Conditions or failed to do so in the past or MYOS can reasonably assume that you will fail to comply with such an obligation; Any other reason based on which we can reasonably judge that your purchase cannot be accepted.
17. From the moment your purchase is complete, you will receive a confirmation email with all the relevant details for accessing and managing your purchase.
18. Our liability
MYOS pays the utmost attention and care to the content of the Website. This content is however subject to changes, can be removed at any time and is offered without explicit or implicit guarantees as to its correctness. MYOS shall not be liable for any damage resulting from the use of the content of the Website, regardless of whether it appeared correct or incorrect, nor for any damage caused by the use or distribution of this content.
19. MYOS shall make every effort to provide access to the Website 24 hours a day, 7 days a week. However, given the technical characteristics of the Internet and of the means of information technology and given the need to carry out periodic maintenance, update or upgrade activities, MYOS cannot guarantee uninterrupted access and service. In case of a 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 failures are inherent to the service via the internet and cannot be considered as shortcomings.
20. Intellectual property
MYOS is the exclusive owner or assignee of all intellectual property rights related to the Website and the service offered. You commit yourself not to copy, edit, exploit, resell or use in any other way, in any way or form whatsoever, the elements that make up the Website or a part thereof, except when the explicit written and prior approval of MYOS is obtained. These elements are amongst others the brand, the texts, the software, the databases, the forms, the trade names, the product names, the logos, the graphic elements and illustrations, the graphs, the music, the color combinations, the slogans, the lay-outs and page layouts and any other element eligible for protection of the Website and of the service.
21.Our General Terms and Conditions of Sale apply to any offer made by us as a Web merchant to you (in your capacity as a consumer) and any agreement between us.
22. Before an Agreement is concluded between us, we will clearly bring the text of these General Terms of Sale (as well as the other parts of the General Terms) to your attention and ask you to accept them. The Terms and Conditions will be clearly provided to you with the possibility to save them on a durable medium. If for any reason we cannot show you our General Terms and Conditions, you may obtain a copy or inspect them from us by sending an e-mail to firstname.lastname@example.org.
23. 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 purpose. Through 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 the box that says you have taken note of the General Terms and Conditions and have accepted them in their entirety.
24. If, in addition to these General Terms and Conditions, additional special terms and conditions apply, the above conditions regarding knowledge and acceptance shall also apply to those special terms and conditions.
25. If an offer has a limited validity or is subject to certain conditions, we will state this explicitly in our offer.
26. We strive to always describe as completely and accurately as possible what we are selling you. In any case, we try to give a sufficiently detailed description 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 offered. However, the online representations may differ from reality, taking into account, among other things, the differences that may occur in the making of the representation (e.g. photo) and the way this is displayed on the screen (and the settings used by you for this). MYOS can however not be held responsible for any differences between the representation and the reality. To the extent that you wish to abandon the sale, you can make use of his right of withdrawal within the limits indicated.
27.Your order is complete and the agreement between us is final once MYOS confirms your order by mail.
28.During the period we mention 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 have any surprises. In addition to the purchase price, shipping costs are charged, which are mentioned before you finalize your purchase. These shipping costs are charged on the basis of the rates applicable at the time of the order and in function of the size of the package and the destination. These prices can be changed at any time, since 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 information or notice something suspicious during your payment, you must notify us immediately at the e-mail address email@example.com.
30.MYOS normally makes use of prepayment. If this would not be the case and you did not pay in advance and you do not pay us on time or in full, we may charge you for the costs you cause. In any case, you will owe us interest of 10% per year on the outstanding invoice amount as from the 30th day after the invoice date without prior notice of default, as well as a fixed compensation of also 10% of the outstanding invoice amount. In any case, all goods we send to you remain our property until you have paid for them in full. If you do not pay them (on 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, give away, use as collateral or make the goods supplied by us immovable.
31. We warrant that our goods are in conformity with your order and meet the normal expectations that you may have taking into account the specifications of the product. We also warrant to you that our goods comply with all existing laws at the time of your order.
32. To the extent that you discover at delivery that the products do not meet what was ordered (or are damaged), you must report this within 24 hours to MYOS by e-mail at firstname.lastname@example.org so that MYOS can safeguard its rights with respect to the delivery service.
In case of force majeure we are not bound to fulfill our obligations. In that case we can either suspend our obligations for the duration of the force majeure or dissolve the agreement definitively. You, as a consumer, also have the same right in case of force majeure.
Force majeure is any circumstance beyond our will and control that prevents the fulfillment of our obligations in whole or in part. We understand this to include strikes, fires, business interruptions, energy failures, failures in a (telecommunications) network or connection or communication systems used and / or at any time the unavailability of the website of the Web Shopkeeper, non delivery or late delivery by suppliers or other third parties, …
33. Our website, logos, texts, photos, names and in general all our communications are protected by intellectual property rights that lie either with us or with our suppliers or other right holders.
It is prohibited to use and/or make changes to the intellectual property rights as described in this article. For example, you may not copy or reproduce drawings, photographs names, texts, logos color combination, etc … not copy or reproduce without our prior and express written permission.
35. Amendments: If these Terms and Conditions are amended, the new version will be available on the Website and will apply from your next order through the Website. As from that moment, you will be considered to have taken note of it and to have accepted it. It is therefore important to check the modification date mentioned above with each order.
36.These General Conditions are governed, interpreted and executed in accordance with Belgian law, which is exclusively applicable to any possible dispute.
37.The courts of the judicial district of Ghent in Belgium have exclusive jurisdiction over any dispute that might arise from the interpretation or execution of these Terms and Conditions, without prejudice to the possible application of mandatory legal provisions.
38.Contact: For any additional information or comments regarding these General 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 Dutch text of these general conditions shall prevail over any translation thereof.
Any complaint or dispute must be sent by registered mail to the above address.
Any communication from us to you takes place via the website or by e-mail.
All our agreements are governed by Belgian law. All disputes arising from this agreement shall be settled by the courts of Ghent.