Terms and conditions

Last Updated: 26 July 2024

Terms of service

1. Introduction
This website (Site) is operated by Mystershirt (Company Number: 0800218227, VAT Number: BE0800218227) (we, our, or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.

2. Use of the Site
You accept these Terms by placing an order via the Site. You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.

You must not use the Site to:
โ€ข Breach an individualโ€™s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
โ€ข Defame, harass, threaten, menace or offend any person;
โ€ข Engage in unlawful activities;
โ€ข Interfere with any user of the Site;
โ€ข Tamper with or modify the Site (including by transmitting viruses or using trojan horses);
โ€ข Send unsolicited electronic messages;
โ€ข Use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Site; or
โ€ข Facilitate or assist a third party to do any of the above acts.

3. Accounts
You may purchase products through an account with us, and we may allow you to register for an account using our platform. You must ensure that any personal information you provide is accurate and up-to-date. All personal information will be treated in accordance with our Privacy Policy.

It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

4. Orders
You may order products from us as set out on the Site. If you place an order, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).

We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.

You can cancel or edit your order within 90 minutes of placing it. It is your responsibility to check the order details, including selected products, delivery details, and pricing, before you submit your order through the Site.

All purchases made through the Site are subject to availability. If a product is available for pre-order only, this will be clearly indicated on our Site.

5. Price and Payments
You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price). All amounts are stated in EUR, and any applicable taxes will be set out separately.

You must pay the Price upfront using one of the methods set out on the Site and ensure that the payment is made using a valid payment method. We may offer payment through a third-party provider. Your use of the third-party payment method may be subject to additional terms and conditions.

6. Delivery, Title, and Risk
If possible, we will deliver the products to the delivery address you provide when making your order. This address is not our headquarters or warehouse. This is not a location where returns can be arranged physically. Returns are processed online only.

Any delivery periods displayed on the Site are estimates only. We deliver the products using a range of delivery methods. You may need to sign for some deliveries, and you may have the choice to have the products left in a safe place or at your nearest post office for pickup.

Title to the products will remain with us until you have paid the Price in full. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided.

7. Returns
We offer refunds of eligible products for change of mind within 100 days after the delivery of the order, provided:
โ€ข The products are in their original packaging and in โ€˜as newโ€™ condition (including attached swing tags, shoe boxes, ribbons, and specialty packaging);
โ€ข The products are not marked as โ€˜Final saleโ€™ or โ€˜Non-Returnableโ€™ items at the time of purchase, unless faulty;
โ€ข You provide a photo of your item(s) prior to shipping so we can assess the condition; and
โ€ข A return request has been initiated by emailing hello@mystershirt.com.

We will not cover the costs of delivery or re-delivery for a change of mind return; you must cover these yourself.

8. Worldwide Consumer Rights
Nothing in these Terms attempts to modify or exclude the conditions, warranties, and undertakings, and other legal rights, under worldwide consumer protection laws (Consumer Law Rights). Any and all other warranties or conditions which are not guaranteed by worldwide consumer protection laws are expressly excluded where permitted.

Where you return products to us to seek a consumer law remedy, you will need to cover any associated costs (e.g., delivery costs) of returning the products to us. If your claim is valid under consumer law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

9. Limitations
Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:
โ€ข Neither Party will be liable for Consequential Loss;
โ€ข Each Partyโ€™s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
โ€ข Our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim.

You agree that any information contained on the Site and any materials provided with our products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances.

10. Intellectual Property
You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified, or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

We authorize you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used. You must not use Our Intellectual Property for commercial purposes without our prior written consent.

11. User Content
You may be permitted to post, upload, publish, submit, or transmit relevant information and content (User Content) on the Site. By making any User Content available, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content.

You agree that you are solely responsible for all User Content that you make available on or through the Site and that it does not infringe on any third partyโ€™s rights or violate any applicable law or regulation.

12. General
Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute. If unresolved, the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally.

Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account.

Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event.

Feedback and Complaints: If you have any feedback or a complaint, please notify us via the contact form or email at hello@mystershirt.com, and we will take reasonable steps to address your concerns.

Assignment: You must not assign any rights or obligations under these Terms without our prior written consent.

Amendment: We may vary these Terms by publishing varied terms on the Site. The terms that apply will be the ones in effect when you placed your order.

Governing Law: These Terms are governed by the laws of Belgium. Each Party submits to the exclusive jurisdiction of the courts operating in Belgium.

Third-Party Sites: The Site may contain links to websites operated by third parties. We do not control, endorse, or approve, and are not responsible for, the content on those websites.

13. Definitions
Consequential Loss: Any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act, or omission.

Force Majeure Event: Any event or circumstance beyond a Partyโ€™s reasonable control.

Liability: Any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding, or judgment.

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