General Conditions of Sale and Use
GENERAL TERMS OF SALE AND USE
Company Name: Mycosphere SRL
Headquarters & Production: Rue du Zémont 32, 5030 Gembloux (Belgium)
Company number / VAT : BE0804187705
OVERVIEW
This website is operated by La Mycosphère. On this site, the terms "we", "our", and "us" refer to La Mycosphère. La Mycosphère offers this website, including all information, tools, and services available to you, the user, subject to your acceptance of all the terms, conditions, policies, and notices stated here.
By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms ("General Terms of Sale", "General Terms of Sale and Use", "Terms"), including the additional terms, conditions, and policies referenced herein and/or accessible via hyperlink. These General Terms of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.
Please read these General Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Terms and Conditions of Sale and Use. If you do not accept all the terms and conditions of this agreement, then you must not access the website or use the services offered therein. If these General Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.
All new features and tools that will be added later to this store will also be subject to these Terms and Conditions of Sale and Use. You can consult the most recent version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of the website or your access to it after the posting of any changes constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell you our products and services.
ARTICLE 1 – TERMS OF USE OF OUR ONLINE STORE
By accepting these General Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any minor under your care to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, and you must also not, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You must not transmit worms, viruses, or any other destructive code.
Any breach or violation of these General Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to the services to any person at any time, for any reason whatsoever.
You understand that your content (excluding your credit card information) may be transferred unencrypted, which implies (a) transmissions over various networks; and (b) changes to comply with and adapt to technical requirements for network or device connections. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our prior express written authorization.
The titles used in this agreement are included for your convenience and do not limit or affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete, or up to date. The content of this site is provided for informational purposes only and should not be your sole source of information for making decisions, without first consulting more accurate, complete, and updated sources. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain certain historical information. Such historical information is, by nature, not up to date and is provided for informational purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes made to our site.
ARTICLE 4 – CHANGES MADE TO THE SERVICE AND PRICES
The prices of our products may be changed without prior notice.
We reserve the right at any time to modify or discontinue the Service (as well as any part or content of the Service) without notice and at any time.
We will not be liable to you or any other third party for any price changes, suspension, or interruption of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Some products or services may be exclusively available online on our website. These products or services may be available in limited quantities and may only be subject to returns or exchanges in accordance with our Return Policy.
We have done our best to display the colors and images of our products appearing in our store as clearly as possible. We cannot guarantee that the color display on your computer screen will be accurate.
We reserve the right, without being obliged to do so, to limit the sales of our products or services to any person, and in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices may be changed at any time without prior notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer of service or product presented on this site is void where prohibited by law.
We do not guarantee that the quality of all products, services, information, or any other merchandise you have obtained or purchased will meet your expectations, nor that any error in the Service will be corrected.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel the quantities purchased per person, per household, or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event that we modify an order or cancel it, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to come from merchants, resellers, or distributors.
You agree to provide current, complete, and accurate order and account information for all orders placed on our store. You commit to promptly updating your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.
For more details, please consult our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We could provide you access to third-party tools over which we exercise no tracking, control, or influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranty, representation, or condition of any kind and without any endorsement. We shall have no legal liability arising from or related to the use of these optional third-party tools.
If you use the optional tools offered on the site, you do so at your own risk and discretion, and you should consult the terms under which these tools are offered by the relevant third-party provider(s).
We may also, in the future, offer new services and/or new features on our site (including new tools and new resources). These new features and new services will also be subject to these General Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD-PARTY LIENS
Some content, products, and services available through our Service may include elements from third parties.
Links from third parties on this site may redirect you to third-party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not guarantee and assume no responsibility for any content, website, product, service, or other element accessible on or from these third-party sites.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction conducted in connection with these third-party websites. Please carefully read the policies and practices of the third parties and ensure you fully understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be submitted to those same third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS, AND OTHER USER PROPOSALS
If, at our request, you submit specific content (for example, to participate in contests), or if without our request, you send creative ideas, suggestions, proposals, plans, or other elements, whether online, by email, by mail, or otherwise (collectively, "comments"), you grant us the right, at any time, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any comment you send us. We are not and shall not be obligated (1) to maintain the confidentiality of the comments; (2) to pay compensation to anyone for any comment provided; (3) to respond to the comments.
We may, but are under no obligation to, monitor, modify, or remove content that we consider, at our sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, personality, or other personal or property rights. You also agree that your comments will not contain illegal, defamatory, offensive, or obscene content, nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Service or any other associated website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties about the origin of your comments. You are fully responsible for all comments you post as well as their accuracy. We assume no responsibility and disclaim any liability for any comment you post or that any other third party posts.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
There may sometimes be information on our site or in the Service that could contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping fees, delivery times, and availability. We reserve the right to correct any error, inaccuracy, omission, and to change or update information or cancel orders if any information in the Service or on any other associated website is inaccurate, at any time and without notice (including after you have placed your order).
We are not obligated to update, modify, or clarify the information in the Service or on any other associated website, including but not limited to pricing information, unless required by law. No specific update or refresh date in the Service or on any other associated website should be considered as evidence that the information in the Service or on any other associated website has been changed or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions stated in the General Terms of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to encourage third parties to commit illegal acts or to participate in them; (c) to violate any regional order or any international, federal, provincial, or state law, rule, or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, mistreat, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on sex, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or could be used in a way that compromises the functionality or operation of the Service or any other associated, independent website, or the Internet; (h) to collect or track others' personal information; (i) to spam, phish, hijack a domain, extort information, crawl, explore, or sweep the web (or any other resource); (j) for obscene or immoral purposes; or (k) to impair or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee or claim in any way that your use of our Service will be uninterrupted, fast, secure, or error-free.
We do not guarantee that the results that could be obtained through the use of the Service will be accurate or reliable.
You agree that from time to time, we may discontinue the Service for indefinite periods or cancel the Service at any time, without prior notice to you.
You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service as well as all products and services provided to you through the Service are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without representation, warranties, or conditions of any kind, express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title, and non-infringement.
Mycosphère, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall in no event be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs, or any similar damages, whether contractual, tortious (even in cases of negligence), strict liability, or otherwise, arising from your use of any service or product from this Service, or relating in any way to any claim related to your use of the Service or any product, including but not limited to any error or omission in any content, or any loss or damage of any kind resulting from the use of the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNISATION
You agree to indemnify, defend, and hold harmless La Mycosphère, our parent company, subsidiaries, affiliated companies, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your violation of these Terms and Conditions of Sale and Use or the documents they reference, or your violation of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these General Terms and Conditions of Sale and Use is deemed illegal, null, or unenforceable, that provision may nevertheless be applied to the fullest extent permitted by law, and the unenforceable part shall be considered severed from these General Terms and Conditions of Sale and Use; this severance shall not affect the validity and enforceability of all other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and responsibilities undertaken by the parties before the termination date shall remain in effect after the termination of this agreement and for all purposes.
These General Terms and Conditions of Sale and Use are effective unless and until they are terminated by either you or us. You may terminate these General Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we judge, at our sole discretion, that you fail, or if we suspect that you have been unable to comply with the terms of these General Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice to you and you will remain responsible for all amounts due up to the termination date (inclusive), and/or we may refuse you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of these General Terms and Conditions of Sale and Use shall not constitute a waiver of that right or provision.
These General Terms and Conditions of Sale and Use or any other policy or operating rule that we publish on this site or related to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and replace all prior and contemporaneous communications, proposals, and agreements, oral or written, between you and us (including, but not limited to, any previous version of the General Terms and Conditions of Sale and Use).
Any ambiguity regarding the interpretation of these General Terms and Conditions of Sale and Use shall not be interpreted against the drafting party.
ARTICLE 18 – APPLICABLE LAW
These General Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide you with Services, shall be governed and interpreted under the laws in force at Rue du Zémont 32, 5030 Gembloux (Belgium).
ARTICLE 19 – CHANGES MADE TO THE GENERAL TERMS OF SALE AND USE
You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our website. It is your responsibility to visit our site regularly to check for any changes. Your continued use of or access to our site after the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 – CONTACT DETAILS
Questions regarding the General Terms and Conditions of Sale and Use should be sent to us via our contact page.