Terms & Conditions
General provisions
The present terms and conditions of sale govern the relationship between BELGEMO SPRL as owner of the MY BOB, use your head! trademark (hereinafter "the Vendor"), on the one hand, and any person or company ordered through our webshop.
The Vendor offers to sell the Customer accessories under the MY BOB, use your head! trademark (hereinafter the “articles”) through the online webshop www.mybob.be (hereinafter the “Site”) of MY BOB, use your head. The vendor delivers the articles throughout the world.
The Customer declares s/he has the capacity to possess rights and be bound by obligations.
Object
The articles are described on the site in good faith and as accurately as possible. The Customer may obtain extra information on the articles presented on the site by sending an email to mybob@mybob.be, or by telephone to +32 (0) 2 503 03 26. The presentation of the articles is not binding for the Vendor and does not constitute an offer in the legal sense of the term.
The photographs, diagrams, drawings or videos illustrating the articles are not contractually binding. Under no circumstances shall the Vendor be held liable for any errors that may occur in them.
Ordering
The articles proposed for sale on site are those featuring on the website on the day that it is consulted by the Customer and are subject to availability.
The Customer can find out about the various articles that the Vendor offers on the site. The Customer may navigate freely on the pages of the site with no obligation to purchase.
The articles are presented using an information sheet (product description, ingredients, photograph and price) containing information that is as correct and precise as possible to give as faithful and complete a description as possible. However, considering the digital means of presenting the articles online, it is possible that the Customer’s perception of the photographic representation of a product does not correspond exactly with the product itself.
The Customer shall select the articles s/he wants and specify the quantity. The articles will then be added automatically to the Customer’s basket.
Before ordering a product displayed on the website, the Customer must open an account by clicking on "Log in" then "Create account". The Customer can place an order as a guest or he can fill out a form to open an account. The Customer must also provide an email address and choose a password that shall remain personal and confidential and will later be required for purposes of identification on the website. The Customer accepts that entering these two forms of identification is deemed to be proof of his/her identity and his/her acceptance of these general terms and conditions of sale.
At any time, the Customer may obtain a summary of the articles selected by clicking on "My basket", then continue selecting his/her articles by clicking on "Continue shopping", correct any possible mistakes by clicking on "Back" (although no corrections can be made once the Customer has clicked on "Complete order"), finish selecting articles and place his/her order by clicking on "Complete order".
To order the articles s/he has chosen, after clicking on "Complete order", the Customer could identify him/herself, if s/he has not already done so; by entering his/her email and the password chosen in "Create account" or the Customer can order as a guest.
The Customer can choose the payment method desired as set out in paragraph PAYMENT METHODS.
By clicking on "Proceed to payment", the Customer completes his/her order. The order is recorded, and the sale is complete. The Customer can no longer correct any data errors made when entering the order.
The confirmation email that the Vendor sends to the Customer concludes the contract and implies the Customer’s unconditional acceptance of these terms and conditions. The details of the order stated in the confirmation email are:
Summary of item(s)
Total cost of order
Total shipping and processing costs
Customer’s name and address
Place and date of ordering (for information only)
Payment details
Contact details for the customer service department of MY BOB, use your head!.
The order form shall be recorded on the Vendor’s IT registers, which are stored on a reliable, durable server and shall be considered proof of the contractual relations between the parties. It also provides proof of the availability and price of the items.
Automatic recording systems are deemed to be valid proof of the nature, content and date of the order. The sale shall not be concluded until confirmation of the order has been sent by email to the Customer.
The Vendor shall not be bound by the Customer’s order until written confirmation is sent that it agrees to process the order. The Vendor reserves the right to subject the order to other conditions, to suspend or refuse it, notably if the order proves to be incomplete, if the data supplied is obviously erroneous, if the Customer has failed to pay previous orders, or for any other reason that the Vendor may see fit.
The information given by the Customer when s/he places an order is binding; in the event of an error in the Customer’s name or address, the Vendor shall not be held liable for its inability to deliver the goods.
Orders shall not be final until they have been confirmed by payment of the amount by the Customer.
Availability
If the product proves to be unavailable after the order has been finalised, the Customer shall be notified by email as soon as possible.
Prices
The prices of the various articles are given in euros (€) and include tax. They do not include delivery costs, which vary according to the place of delivery and are indicated prior to validation of the order.
The Vendor reserves the right to alter its prices at any time, without notice. However the prices payable by the Customer for Articles shall correspond to the list in effect on the Site when the order is placed, and the Vendor may not alter them once the order has been validated. The total price given in the order confirmation is the final price, including all taxes and costs.
Custom fees
Any order placed on the website and shipped outside Belgium may be subject to taxes and customs fees when it reaches its destination.
The expense of the taxes and customs fees related to the delivery of an item are the responsibility of the Customer alone. The Vendor is not required to find out about and inform the Customer of any customs fees and taxes which may apply. The Vendor advises the Customer to contact the competent authorities in his/her country for further information on this matter.
Payment Methods
The online shop of MY BOB, use your head! is governed by Belgian law and the items offered for sale on the site are all shipped from Belgium. Invoices are drawn up in euros, subject to Belgian value-added tax (TVA) of 21%. If the Customer order from any other countries outside the European Union, extra customs fees will be at the expense of the Customer.
The Vendor accepts the following payment methods: VISA, MASTERCARD, and AMERICAN EXPRESS. The Customer shall receive confirmation by email on receipt of payment for his/her order.
Whatever payment method is used, the order shall not be taken into account until the payment has been validated. As long as the order has not been validated, it shall be recorded but not taken into account. Validation of the order is issued once authorization to debit the account has been sent by the organization that verifies and validates payment. The Vendor shall then send a confirmation email and the Customer’s account shall be debited.
The Vendor reserves the right to suspend the processing of an order if payment by bank card is denied or payment is not made. In these circumstances, the Vendor may consider the sale to be cancelled.
The Vendor guarantees full confidentiality of bank information secured by the SSL protocol, which automatically checks the Customer’s right to use the bank card and encrypts all transactions to ensure confidentiality.
Proof of the transaction
In general, the parties accept electronic evidence within the framework of their relations (email, back-up, etc).
The parties agree that the data recorded by the Vendor are proof of all the Customer’s transactions on the website. The data recorded by the payment system is proof of financial transactions.
Order forms and invoices are stored on a reliable, durable server and shall be produced as evidence.
Processing orders
Orders are processed from Monday to Friday, except on public holidays. Parcels are dispatched from Belgium within a period of 1 to 5 working days following the payment of the order unless prevented by an act of God.
The Vendor shall not be held liable for any late or non-delivery due to an act of God or an event beyond its control which may make performance of the contract impossible or more costly, in part or in whole, or due to the acts of third parties such as the suppliers to the parties to this agreement, subcontractors, agents and representatives, or if the Customer fails to fulfil his/her commitments.
Acts of God which release the Vendor from his duty to deliver the goods are war, riot, fire, strikes, accidents and the impossibility of obtaining supplies. The Vendor shall keep the buyer informed in good time of the abovementioned events or incidents.
Timely delivery of articles shall only take place if the Customer has fulfilled his/her obligations to the Vendor. The lead times stated in the order or the order summary are given in good faith as an estimate only. The lead times are not in themselves an essential condition of the contract and the Vendor shall not be required to make any compensation whatsoever or to pay interest in the event of late performance of his duties.
The Customer may also change the appointed date, under the conditions set out in the confirmation email, by contacting the customer services department by sending a message to mybob@mybob.be and paying any costs or modification of expenses related to the change of date.
The Vendor reserves the right to entrust some services to third parties, employees or agents working under its responsibility within the limits provided by the law and regulations on accreditation.
The articles bought on the site shall be sent to the shipping address supplied by the Customer. The Vendor shall not be held liable for the consequences of any errors made by the Customer at the time of ordering.
The Vendor shall not be held liable for the non-performance of the contract in the event of acts of God, disturbances, or partial or total strikes, in particular relating to any means of transport or carrier services.
A detailed invoice corresponding to the order, drawn up in the name of the Customer, shall be enclosed with the order.
Right of withdrawal
The Customer has 14 full days as from the date of acceptance of the Articles (as evidenced by the sending date) in which to exercise his or her right of withdrawal by completing the return form provided in the package or by making an unambiguous declaration expressing his or her wish to withdraw from the transaction.
The Customer has 14 full days as from the announcement of his or her decision to withdraw from the transaction in which to send back the Articles. The Articles must be returned in their entirety, in their original packaging, with the labels still attached and intact, to the following address: MY BOB, use your head!- BELGEMO SPRL, 28 rue des Trois Ponts, B-1160 Brussels, with the costs and the liability arising from the return of the Articles being borne by the Customer.
The Articles cannot be handed back to a MY BOB, use your head! store or to a retail outlet selling MY BOB, use your head! articles.
The Vendor will not make any refunds if the Articles returned by the Customer do not correspond to the Articles ordered or have an origin other than the Site.
The Customer may incur liability in the event of an Article suffering damage as a result of handling other than that required to try on the Article in a manner that would be allowed were he or she in a store, in particular by wearing the Article.
The Customer must as a consequence try on the Article with all necessary precautions, and in particular must retain in place the protective film designed for this purpose.
Upon receipt of the Articles at the address indicated above, if the conditions listed above have been fulfilled, the Vendor shall acknowledge receipt of your request by email and then refund the amount paid for the Articles within 14 days at most of (i) the return of the Articles or (ii) the date on which the Client provided proof of the dispatch of the Articles (the applicable date being the first of the above occurrences), while the rest of the order shall remain firm and definitive.
The costs of returning of the order are committed to the charge of the Customer.
If Articles are returned after the deadline set fourteen (14) days as from the Customers’ decision to withdraw (as evidenced by the postmark), or if the above conditions are not met, the Vendor may refuse to refund the Customer. In the event of such a refusal, the Articles may be returned to the Customer at his or her expense, if this is requested within 2 months.
Availability
Offers of sale are subject to the availability of articles. If a product proves to be unavailable after the order has been validated, the Vendor undertakes to inform the Customer as soon as possible by email or telephone. The Customer may then request the cancellation of the order. When reimbursement is complete, the amount shall be credited to the Customer’s credit card account within thirty days of cancellation.
Intellectual property
All text, comments, illustrations and images reproduced on our website are all rights reserved. Any reproduction in part or in full without the Vendor’s consent is prohibited. Ordering does not entail the transfer or granting of intellectual property rights unless expressly stated.
Liability
The articles on offer comply with the Belgian and European laws in force. The Vendor cannot be held liable if it has performed its services in accordance with these regulations.
The Vendor cannot be held liable for anything but fraud or gross negligence towards the Customer committed by the Vendor or its employees or agents.
The Vendor shall not be liable for any indirect loss due to this contract, loss of business, loss of profit, loss of opportunity, loss of production, loss of activities, loss of clientele, damage to reputation, damages or costs, and this list is not exhaustive.
Any complaints must be sent without delay by email addressed to mybob@mybob.be or by post addressed to the following address: MY BOB, use your head!- BELGEMO SPRL, 28 rue des Trois Ponts, B-1160 Brussels.
If it transpires within thirty days following the receipt of the complaint that the Vendor has failed in the performance of its obligations, it shall then make a new delivery of the articles concerned by the complaint, at its own expense.
Transfer of ownership
The online shop of MY BOB, use your head! keeps full ownership of the articles sold until the total amount due by the Customer for that order has been received. The transfer of ownership of goods bought from the online shop of MY BOB, use your head! by the Customer to a third party falls outside the scope of this contract.
Only the Customer who originally bought those goods may claim to agree to the clauses of the present terms and conditions of sale.
Protection of privacy
The supply of personal information for online sales is compulsory because it is needed for order processing and shipping and for invoicing. This information is strictly confidential. Failure to supply information entails the automatic rejection of the order.
The Vendor undertakes not to divulge the information supplied by its Customers to any third parties. It shall be used solely for the purposes of internal management, that is, to manage orders, invoicing, service, solvency, marketing or personalised advertising, without this list being exhaustive.
It may however be given to organisa tions under contract to the Vendor, for their own commercial prospecting.
Visitors who wish to do so are entitled to oppose the use of their data for personalised marketing, by simple request and free of charge.
The Vendor undertakes to respect the principles of the Belgian law of 8 December 1992 on the protection of privacy with respect to the processing of personal data. A Customer who has placed an order on the Vendor’s site may at any time consult, correct or delete the personal data that the Vendor has recorded about him/her by sending an email to mybob@mybob.be or a letter to the following address: MY BOB, use your head!- BELGEMO SPRL, 28 rue des Trois Ponts, B-1160 Brussels.
Enforceability of the general terms and conditions
Any order made by the Customer and all deliveries made by the Vendor imply full and unconditional acceptance by the Customer of the present terms and conditions of sale to the exclusion of any other documents such as the Customer’s own general terms and conditions, or any brochure, catalogue, etc, which are only to be taken as a guideline.
The parties expressly agree that the present general terms and conditions apply to their commercial relations, unless otherwise provided in writing. The express waiver of one of the general or particular terms or conditions does not affect the application of the other general or particular clauses.
The cancellation or inapplicability of one of the clauses of the general or particular terms and conditions has no effect on the whole of the other provisions in the general and particular terms and conditions, which remain valid and applicable.
The fact that the Customer has not received the present general terms and conditions in his/her native language does not exempt him/her from applying them.
The ordering of any product proposed on the site supposes the reading and express acceptance of the present general terms and conditions, and this acceptance does not require the Customer’s handwritten signature.
The validation of the order form by the Vendor constitutes an electronic signature, equivalent to a handwritten signature, confirming that the order is complete and that the sum due for fulfilling that order is payable.
The Vendor reserves the right to change its general terms and conditions without personally informing the Customer and without the Customer being entitled to claim any compensation whatsoever. It is incumbent on the Customer to check periodically whether or not changes have been made. The Customer may copy or print the present general terms and conditions of sale as long as she/he does not alter them.
Applicable law and disputes
The present contract is governed by Belgian law.
Any complaints must first be registered with our customer service department using the email mybob@mybob.be. The Customer should first contact the Vendor with a view to obtaining an amicable solution.
Any disputes shall be settled under Belgian law by the Belgian courts, which have sole jurisdiction unless there is a mandatory statutory provision to the contrary.