Terms of use

SELLER

This is the webshop of MY.O (hereinafter also referred to as ‘MY.O’, ’Seller’, ’the Seller’ or ‘us’), with registered address **177 Chaussée de la Hulpe, 1170 Brussels, Belgium** and company registration number 0460841060

APPLICATION

These Terms and Conditions apply to the website www.myoswim.com

Every order submitted by the customer (hereinafter referred to as ‘Purchaser’, ‘the Purchaser’ or ‘you’) through the website myoswim.com will be regarded as an acceptance by the Purchaser of the General Terms and Conditions, which are an integral part of the agreement with the Purchaser, unless other conditions were confirmed explicitly and in writing by the Purchaser.

REGISTRATION AND USER ACCOUNT

In order to use the Site and, inter alia, communicate with us and receive commercial information regarding our Services, you might be required to register and open an account (the “Account”). Registration can be done by completing the registration process within the Site which requires you to share with us certain Personal Information (as such terms is defined in the Privacy Policy) about you and/or information regarding your organization, including your name, address, e-mail address and a your organization affiliation.

You may not have more than one (1) active Account. Your Account is password protected. In order to protect the security of your Personal Information available on your Account, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. You are solely and fully responsible for maintaining the confidentiality of the password and account and for all activities that occur under your account. If we in good faith believe you have created an Account impersonating another person, such Account may expose you to civil and/or criminal liability. You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of MY.O. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events, you must change your password immediately by (a) the settings of your Account or (b) sending us an email to info@myoswim.com. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your Account or any other breach of security. If you wish to either change your log-in details, or cancel and remove your Account, you can send us an email of your request to info@myoswim.com. Your Account on the Site will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account.

CANCELLING OR TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

OFFERS, ORDERS AND AGREEMENTS OFFERS

All offers made by myoswim.com are non-committal and can be revoked or changed. Information regarding products and pricing, as well as detailed order information are drafted and announced under condition of change and correction. The term of offers and specials is while stocks last or until the term as mentioned on the site has expired. If the term of the offer or special has expired the Purchaser cannot lay claim in whatsoever way to this particular offer or special.

ORDERS

MY.O is only bound to an order after it is confirmed in writing or until the order is being executed by one of our employees. MY.O is justified to refuse orders whether to stipulate special conditions regarding the agreement. If an order cannot be accepted, or if MY.O wishes to stipulate special conditions regarding the agreement, MY.O will announce this within 30 days after receiving the order.

AGREEMENT

An agreement will come about when MY.O has confirmed your order in writing, either via post or via e-mail.

PRICES AND COSTS

The prices stated on the website at the moment of ordering apply. All prices are in Euro (€), VAT included, shipping costs excluded unless otherwise stated or agreed in writing. MY.O retains the right to change the prices of goods especially when a legal price determining factor gives rise to this.

 

Depending on the order and shipping address MY.O will charge the Purchaser shipping costs accordingly. Shipping costs are clearly and separately stated when placing an order. The stated shipping costs are also due if the order cannot be delivered or if an order is returned either partially or completely. MY.O retains the right to charge shipping costs in certain special cases.

 

PAYMENT

The Purchaser can pay the purchase amount of the ordered goods, with added shipping costs, in different ways. MY.O retains the right to exclude certain means of payment. Ordered goods will not be sent until all due amounts are met.

CREDIT CARD

If you opt for a payment with a Credit Card, you give MY.O the right to check, when making an order, whether your Credit Card is valid and if there is sufficient room for expenditure to withdraw the purchase amount.

 

SHIPMENT AND DELIVERY

Products are only shipped to countries to which delivery is accepted as mentioned on the website unless explicitly and confirmed in writing by MY.O. MY.O will deliver the ordered goods as soon as possible to the address provided by the Purchaser and this while stocks last. All goods mentioned on the website are generally in stock. It is possible that some items are temporarily out of stock. In case of an order that cannot be shipped either partially or completely, MY.O will inform you about this within 30 days following the date of the order. In this case MY.O has the right to annul the agreement without giving the Purchaser the right to any claim or insurance in any way. Incorrect shipping addresses are the sole responsibility of the Purchaser and can lead way to charging extra shipping costs at the expense of the Purchaser. Except for a well-defined stipulation to the contrary, prices do not include the shipping and delivery costs. Shipping and delivery costs are clearly and separately stated. The stated delivery period is not binding, it is merely an approximate indication. No delay in delivery can lead to cancel the agreement or to the payment of a claim made by the Purchaser in favour of the Purchaser unless this delay was intended. MY.O has the right to make partial deliveries. In case of non-delivery of the goods, the Purchaser is entitled to a complete refund of the paid sums without interest or other reimbursement.

PROPERTY OF THE GOODS

The delivered goods remain property of MY.O until the complete payment of the due amount, inclusive all costs, obligations, reimbursements and interests of negligence. Regarding a non-payment MY.O retains the right to take the ordered goods back, this by right and at the expense of the Purchaser.

 

RETURNS AND REFUNDS

Under the terms of the Belgian law and regulations (Verkoop op afstand aan consumenten: Wet van 14 juli 1991) the Purchaser has the right to announce to MY.O that the Purchaser wants to waive the purchase, this without payment of a fine and without stating a motive within fourteen (14) workdays following the day of delivery. If the Purchaser appeals to this possibility , one has to return the goods at risk and expense of the Purchaser in their original state and original packaging to MY.O 177 Chaussée de la Hulpe, 1170 Brussels, Belgium. This applies only to unused, undamaged goods with their respective labels still attached and in their original packaging. All item(s) will undergo a detailed inspection ones received.

If the item(s) tags are removed, your return will be automatically denied.

The costs and risks of returning goods are at expense of the Purchaser. We request you to sufficiently stamp the return shipment. If we receive an unstamped return, we will charge our extra costs as a result of that at your expense. If necessary we will deduct this cost from an amount still due to you. MY.O will refund you the already paid amounts within thirty (30) days of receiving the return. Charged shipping and refund costs of the purchase amount will be added.

TAXES AND DUTIES

All international (outside of Europe) packages may be subject to taxes and duties. This charge is not calculated into the total price at checkout. The customer’s country’s local customs office will assess the additional customs fees and notify the customer of this additional charge. This is an unfortunate part of the international ordering being that there is little that we can do to predict or avoid it, as this additional charge is completely at the discretion of one’s local government.

 

It is impossible for us to determine which agencies will impose duties and this is not an issue that we have been able to resolve through regular our international mailing service. We are legally required on our end to claim the value of products purchased and our shipping platform automatically enters this information into the customs documents it created.

 

If you use a discount on your order, you will be charged based on the original price.

 

MY.O is not held responsible nor can refund / reimburse for any taxes or duties charged by the customer’s local government. Any fees of this nature are the sole responsibility of the customer

COMPLAINTS

In case of a complaint due to non-conform or incorrect delivery, these complaints need to be forwarded at MY.O within four (4) days of the delivery date in order to be admissible. In case of hidden faults, complaints need to be forwarded in writing within eight (8) days after discovery of the fault or after the moment at which such discovery should reasonably have been made. The acceptance of the goods by the Purchaser covers every possible fault, every non-conformity or every error regarding the delivery that could have been recorded.

RETOUCHES / CHANGES

Changes made following the purchase and at request of the Purchaser need to be requested in writing. MY.O will carry through these changes as good as possible but will not be held responsible for the end result. Possible costs that accompany retouches will be charged at expense of the Purchaser, this includes the shipping costs as well as possible labour hours. MY.O will forward the cost extent of these changes to the Purchaser who is requesting these retouches. Returning retouched goods is out of the question, as well as a refund of the purchase price.

FORCE MAJEURE

MY.O is not liable for a delay in execution or non-execution of its commitments due to events outside its normal control, included but not restricted to interruptions in production, difficulties in supply of or shortage of resources, labour, energy or transport, or delays in transport, strikes, lock-outs, interruptions of labour or other collective labour disputes, that either concern MY.O, either the subcontractors of MY.O and this even when these events are to be foreseen. Other circumstances can be seen as a force majeure, i.e. war, fire, floods, accidents, each intervention of the government in any economic, financial, customs related and monetary way. These cases can be seen as examples and are in no way restrictive.

 

PERSONALLY IDENTIFIABLE INFORMATION

By placing an order on the website of MY.O the Purchaser explicitly allows the processing and the use of its personally identifiable information for purposes such as the administration of clients, the management of orders, deliveries and invoices, the monitoring of solvency, marketing and advertising. Processing of personally identifiable information for marketing purposes and individualized advertisements is carried out as stated in our Privacy Policy.

 

EVIDENCE

MY.O and the Purchaser accept the use of electronic evidence in the context of their relations, such as email, electronic files or back-ups.

 

CHANGES TO THE SITE

MY.O reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that MY.O shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.

 

OTHER

If one or more stipulations of these Terms and Conditions or any other agreement with MY.O is declared as null or is contrary to any applicable legal provisions , this nullity will not affect the validity of other items. MY.O will replace the stipulation concerned by a new by rights acceptable similar stipulation. MY.O retains the right to make changes to the Terms and Conditions. The Terms and Conditions that apply are those that are published on the website at the moment of the agreement. The Purchaser can print these out prior to or during the ordering procedure.

 

APPLICABLE LAW

The Terms and Conditions of and all agreements made with MY.O shall be governed by and construed in accordance with the laws of Belgium and the Purchaser irrevocably submits to the exclusive jurisdiction of the courts of Belgium.

 

FOR INFORMATION, QUESTIONS OR NOTIFICATION OF ERRORS, PLEASE CONTACT:

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to info@myoswim.com