Important note:
The User is requested to read these terms and conditions before placing an order!
If the User is under 18 years of age, he/she must clearly have the permission of a parent or guardian to place an order and/or to pay for it.
The products offered on the website www.mythfactoryshop.com are collectibles and are intended EXCLUSIVELY for adults.
We cannot be held responsible if one of the products sold on our site is offered to a minor.
The commercial site https://www.mythfactoryshop.com (hereinafter referred to as the "Site") is an electronic commerce site accessible via the Internet, open to all users of this network (hereinafter referred to as "Internet users").
It is published by My Business Plan SPRL, whose commercial name is "MYTH FACTORY", located at 5340 Faulx-les-Tombes, impasse du Blancbou 10, identified for VAT purposes under number BE 0647.641.680.
The Site enables the sale of MYTH FACTORY products (hereinafter referred to as the "Products") to Internet users browsing the Site (hereinafter referred to as "Users"). For the purposes of these Terms and Conditions, it is agreed that the User and MYTH FACTORY shall be collectively referred to as the "Parties" and individually referred to as the "Party", and that the User who has validated an order shall then be referred to as the "Buyer". The rights and obligations of the User necessarily apply to the Buyer.
The User who wishes to purchase on the Site declares that he/she has full legal capacity. However, a person who is incapacitated within the meaning of Article 1123 et seq. of the French Civil Code, if he or she cannot in any way purchase on the Site and acquire the status of Buyer, may be a User of the Site. The consultation of the Site and the services it offers are then under the responsibility of its legal representative. This legal representative is required to respect the present stipulations. In any case, when transmitting personal data, the legal representative must compile the registration form himself or herself or expressly authorise the person he or she represents to fill in the said form, with the stipulations relating to personal data as set out in Article 8 below naturally applying.
The order shall be honoured subject to MYTH FACTORY's right to refuse it. In particular, an order may not be honoured in the event of a pricing error, failure to pay for previous purchases, cancellation of an order by the Buyer due to a disagreement with these general terms and conditions of sale or in the event of returns or loss of items deemed too frequent by MYTH FACTORY.
Any order for a Product offered on the Site implies consultation and express acceptance of these general terms and conditions of sale, without this acceptance being conditional on a handwritten signature by the User.
In accordance with the provisions of the law of 9 July 2001 laying down certain rules relating to the legal framework for electronic signatures and certification services, it is recalled that the validation of the order form as specified in article 3.3. below, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is proof of the completeness of the order and of the payability of the sums due in execution of said order.
Finally, it is specified that the User may save or print these general terms and conditions of sale, provided that they are not modified.
Article 1. Subject
The purpose of these general terms and conditions of sale is to define, exclusively in relation to the relations established on the Internet, the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.
Article 2. Products-Prices
2.1. Products
The Products offered for sale by MYTH FACTORY are those that appear on the Site on the day the User consults the Site, subject to availability.
In the event that any of the Products are unavailable, the Buyer shall be informed thereof at the latest when the order is delivered.
2.2. Prices
Prices are indicated in Euros and are valid in all countries of the European Union. They take into account any discounts and VAT applicable on the day of the order.
The prices do not take into account the order processing costs mentioned in article 2.3. These will be invoiced in addition - before the final validation of the order. The invoice that will be sent to the User upon delivery of the parcel will therefore include the prices of the products, as well as the order processing costs.
The prices indicated are guaranteed within the limits of available stocks, except in the event of significant changes in charges, and in particular VAT, and except in the event of error or omission.
Any promotions granted in the form of discount vouchers are only valid for one order per household and for a given validity period.
MYTH FACTORY reserves the right, which the User accepts, to modify its prices at any time, but the Products shall be invoiced on the basis of the prices in force at the time of confirmation of the order, subject to the availability of said Products.
2.3 Order processing costs
The order processing costs are a contribution to the shipping costs (postage, insurance and packaging).
The contribution to the shipping costs (postage, insurance and packaging) of the parcel varies according to the weight of the items ordered and the type of delivery method chosen.
Article 3. Registration and Validation of the Order
3.1 Browsing the Site
The User may view the various Products offered for sale by MYTH FACTORY on its Site.
The User may browse freely through the various pages of the Website, without being bound by an order.
3.2 Placing an order
If the User wishes to place an order, he/she shall select the various Products in which he/she is interested, and shall express said interest by clicking on the "Add to cart" box.
At any time, the User may :
obtain a summary of the Products they have selected, by clicking on "Basket",
modify the quantities of the selected product or delete the selected product, by clicking on "Delete".
complete his selection of Products and order these Products by clicking on "Order".
An order form will appear on the screen, summarising: the nature, quantity and price of the Products selected by the User, as well as the total amount of the order.
In order to order the Products chosen by the User, after clicking on "Order", the User must identify him/herself by entering his/her e-mail address and password, which he/she will have previously created in "Identify yourself".
The User must accurately fill in the form provided, on which he/she must include the information necessary for his/her identification and in particular his/her surname, first name and postal address. In addition, the User must provide his/her e-mail address and a password of his/her choice, which will be personal and confidential and which he/she will need to identify him/herself later on the Site.
The User accepts that entering these two identifiers is proof of his/her identity and manifests his/her consent to the present general conditions of sale.
Once the User is identified, he/she must choose the delivery address (as specified in article 4 below).
The User may then modify the proposed delivery method.
The User must then agree to the present general terms and conditions of sale before choosing the method of payment that he/she wishes to use, in accordance with the terms and conditions set out in article 6.
3.3. Final validation of the order
As soon as the User clicks on "I confirm my order" (in the case of payment by bank transfer) or proceeds to pay for the order by credit card or by Paypal electronic payment system, the User will definitively validate his/her order: the order is recorded and the sale is definitively concluded. The User can then no longer correct any errors made in entering the order data. The User becomes a Buyer. The order form shall be recorded on MYTH FACTORY's computer registers, which are themselves kept on a reliable and durable medium, and shall be considered as proof of the contractual relations between the Parties. The contract shall then be archived in electronic form for the sole use of MYTH FACTORY.
In accordance with article 5 below, the Purchaser has the right to cancel the purchase.
3.4. Order confirmation
As soon as the sale is definitively concluded, MYTH FACTORY shall send a summary of the order by e-mail, at the latest upon delivery of the Products, to the e-mail address indicated by the Buyer at the time of ordering.
This confirmation shall include all of the elements constituting the contract between the Parties and shall constitute proof of the purchase between the Parties. It shall also be deemed authentic with regard to the availability and price of the articles, promotions and delivery costs. The invoice that will be sent to the User upon delivery of the parcel will therefore include the prices of the products as well as the contribution to the shipping costs of the order.
Article 4. Delivery
4.1. Delivery times
When all the items of an order are available, the shipment takes place within 48 working hours following the payment of the order by the Buyer.
If an order includes items on pre-order (awaiting delivery by the supplier), the order will be dispatched within 48 hours of the last missing item to complete the order being in stock. A partial shipment of items physically in stock may nevertheless be requested at any time by the Buyer subject to immediate payment of additional shipping costs, as detailed in article 2.3.
4.2. Delivery address
The Products ordered by the Buyer will be delivered to the address indicated by the Buyer at the time of his/her order.
In any case, the Products will be sent by the usual postal services or by carrier. Furthermore, it is specified that ownership of the Products ordered shall only be transferred to the Buyer upon full payment of the invoiced price, including shipping costs.
My Business Plan SPRL reserves the right to refuse any delivery to an address previously associated in its books with theft of goods during transport, financial fraud or any other situation that has resulted in damage to My Business Plan SPRL, one of its customers or the insurer of the carrier commissioned by one of its customers.
4.3. Liability
The Buyer shall perform all necessary acts on its part to ensure the receipt of the goods, including but not limited to:
-taking possession within the time limit of a parcel deposited in a relay point or local post office to his attention,
-to ensure the necessary contacts with a carrier in order to finalise a delivery,
-not refusing delivery without just cause, the right of withdrawal not being considered here as just cause,
-...
Any cost or damage to the goods caused by failure to comply with these obligations shall be borne by the Buyer.
Article 5. Right of Withdrawal
The Buyer has a period of fourteen (14) calendar days to return, at his own expense, the Product(s) he ordered, without penalty and without giving any reason. This period runs from the day after the delivery of the order.
The Product(s) must be returned in its (their) original sealed packaging to the following address MYTH FACTORY - impasse du Blancbou 10 in 5340 Faulx-les-Tombes - Belgium. The proof of return by post or by relay must be validated.
If the aforementioned conditions are met, MYTH FACTORY shall reimburse the Buyer, within thirty (30) days from the date of receipt by MYTH FACTORY of the package (the date of receipt by MYTH FACTORY being deemed to be notification to MYTH FACTORY of the Buyer's exercise of his/her right of withdrawal), the sums paid by the Buyer, with the exception of the order processing costs and the costs of returning the Products, which shall remain at the Buyer's expense.
Any Product whose original packaging has been opened by the Buyer prior to its return shall not be eligible for any refund and shall be made available to the Buyer at the following address MYTH FACTORY - impasse du Blancbou 10 in 5340 Faulx-les-Tombes - Belgium.
MYTH FACTORY reserves the right to refuse any subsequent order in the event of withdrawals deemed to be too frequent.
Article 6. Payment
Any delivery of an order implies a contribution to the costs of processing the order, as described in article 2.3.
When validating the order, the Buyer is invited to choose from the following methods of payment:
With a BANK CARD or CREDIT CARD (VISA, MASTERCARD, CARTE BLEUE, ...) via the secure payment partner STRIPE
With a secure payment account PAYPAL
By BANK TRANSFER, within 7 calendar days of the validation of the order by the buyer (as specified in article 3.3 above)
Any other method of payment is not accepted by MYTH FACTORY.
Article 7. Cancellation
MYTH FACTORY reserves the right to refuse any order or delivery in the event of
- an existing dispute with the Buyer
- defamatory activity against Myth Factory
- activity aiming to harm the image of Myth Factory in a disproportionate way
- rude or aggressive communication
- request of cancellation of an order because of a disagreement of the Purchaser on the present general conditions of sale
- abusive returns of products by the Buyer
- total or partial non-payment of a previous order by the Buyer
- refusal to authorise payment by bank card by banking organisations
- non-payment or partial payment
- failure to comply with the payment deadline agreed upon in the case of payment by bank transfer.
MYTH FACTORY shall not be held liable under any circumstances.
Article 8. Guarantees
The Buyer must keep the purchase invoice for its order.
In the event of any anomaly upon receipt of the package, the Buyer must immediately (within two working days of receipt of the order) contact MYTH FACTORY by e-mail ([email protected]) or telephone (+32 (0) 476.09.42.61).
8.1. Exchange or return of items
If an item is not suitable, the Buyer has 14 calendar days to return it in its original packaging. This period of 14 calendar days must be respected.
All returned items must be in new condition (unopened and sealed) and complete.
The following items will not be accepted for return
- items damaged or soiled by the Buyer
- items with non-original packaging, incomplete items, items with missing instructions, assembly drawings and/or missing parts or accessories,
- articles damaged by negligence, misuse or repairs by third parties or by the Buyer himself,
Items returned in this condition shall remain at MYTH FACTORY at the disposal of the Buyer, who is obliged to pay for them,
In the event of abnormal or abusive returns, MYTH FACTORY reserves the right to refuse a subsequent order.
The Buyer must have the proof of return validated by the Post Office, the Carrier or claim the proof of deposit from its Point Relais. (Important: the Buyer must keep the proof of return for a period of 3 months).
It is forbidden for the Buyer to send back the items with postage due or cash on delivery.
If the items are defective, the return costs will be refunded. In all other cases, the costs of processing the order (as defined in article 2.3.) and of returning the goods will be borne by the Buyer.
8.2. Legal guarantee
The Buyer benefits from the legal guarantee for any lack of conformity existing at the time of delivery of his article, if he did not know or was not supposed to know the defect at the time of the conclusion of the contract and if it appears within a period of two years from the delivery. In this case, the Buyer may demand either the repair of his article or its replacement, and if neither of these solutions is possible, either an adequate reduction of the price or the resolution of the contract, under the conditions provided for by law (art. 1649 bis and following of the Civil Code). In order to do so, the Buyer shall notify MYTH FACTORY in writing within two months at the latest from the date on which the defect was discovered. After the two-year period, the Buyer may no longer demand the repair or replacement of its item, unless otherwise stated elsewhere on the website. Items with a normal life span of less than two years, or even six months, depending on generally known usage or the state of the art, are only guaranteed for their normal life span.
8.3. Exceptions
The guarantee does not apply to
- normal wear and tear of certain parts,
- if the article is used for purposes other than those for which it was designed,
- if the item is used for purposes other than those for which it was designed, if it is not used in accordance with the instructions for use or if it is used improperly,
- in the event of repair by a third party or by the Buyer,
Article 9. Protection of privacy in relation to the processing of personal data
The purpose of the processing of personal data by MYTH FACTORY, the data controller, is customer management, the fight against fraud and customer offences, the management of disputes, the analysis of the risk of any order on the basis of the previous behaviour of customers or prospects and direct marketing.
The Buyer may at any time have access to his data and request rectification by sending a letter (MYTH FACTORY - impasse du Blancbou 10, 5340 Faulx-les-Tombes - Belgium) or an e-mail ([email protected]), accompanied by a photocopy of both sides of his identity card.
Further information on the protection of privacy with regard to the processing of personal data can be obtained from the Commission de la Protection de la Vie Privée, Rue Haute 139, B-1000 Brussels.
9.1 Personal information
The personal information collected in the context of distance selling is compulsory, as this information is necessary for the processing and delivery of orders and for the preparation of invoices. This information is strictly confidential. Failure to provide this information will result in automatic rejection of the order.
The User has the right to access, modify, rectify and delete data concerning him/her.
Article 10. Miscellaneous provisions
10.1. Force majeure
MYTH FACTORY shall not be liable for the total or partial non-performance of its obligations under this agreement if such non-performance is caused by an event constituting force majeure, in particular the presence of computer viruses, in the event of disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flooding or fire.
Events meeting the criteria set by case law will be considered as force majeure.
In the event of an event constituting force majeure, MYTH FACTORY shall notify the User/Purchaser within five (5) working days following the occurrence of said event.
After a period of one (1) month of interruption due to force majeure, MYTH FACTORY may not honour the order, and shall reimburse the Buyer where applicable.
10.2. Partial invalidity
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain all their force and scope.
10.3 Completeness of the contract
These general terms and conditions of sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties.
In the event of contradiction between these documents, the general conditions of sale shall prevail.
10.4. Applicable law - Jurisdiction
These general terms and conditions of sale and the contractual relationship between MYTH FACTORY and the Buyer are subject to Belgian law. In the event of a dispute, an amicable solution shall be sought before any legal action is taken. Only the courts of Charleroi