Terms of service

OVERVIEW
This website is operated by Mystackers. Throughout the site, the terms “we”, “us” and “our” refer to Mystackers. Mystackers offers this website, including all information, tools and Services available from this site, to you, the user, on condition that you agree to all the terms, conditions, policies and notices set out herein.

By visiting our site and/or purchasing something from us, you are participating in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including the additional terms and policies referred to herein and/or available via a hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, sellers, customers, merchants and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, you must not access the website or use the Services. If these Terms of Service are deemed to constitute an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current shop are also subject to the Terms of Service. You can view the most recent version of the Terms of Service at any time on this page. We reserve the right to update, amend or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page regularly for changes. If you continue to use or visit the website after changes have been made, this constitutes your acceptance of those changes.

Our shop is hosted by Shopify Inc. They provide us with the online e-commerce platform that enables us to sell our products and Services to you.

ARTICLE 1 - ONLINE STORE TERMS AND CONDITIONS
By agreeing to these Terms of Service, you represent that you are at least of legal age in the state or province in which you reside, or that you are of legal age in the state or province in which you reside and have given us permission to allow your minor family members to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you, in using the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of any of the Terms will result in the immediate termination of your Services.

ARTICLE 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to anyone at any time and for any reason.
You understand that your content (excluding credit card details) may be transmitted unencrypted and may involve (a) transmission over various networks; and (b) changes to comply with and adapt to the technical requirements of connecting networks or devices. Credit card details are always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms and Conditions.

ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We accept no liability if the information made available on this site is not accurate, complete or up to date. The material on this site is intended solely for general information purposes and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more up-to-date sources of information. Reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for reference purposes only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

ARTICLE 4 - CHANGES TO THE SERVICE AND PRICES
Prices for our products are subject to change without prior notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.

ARTICLE 5 - PRODUCTS
Certain products or Services may be available exclusively online via the website. These products or services may be subject to limited stock and can only be returned or exchanged in accordance with our Returns Policy.
We have made every effort to display the colours and images of our products in the shop as accurately as possible. We cannot guarantee that the colours displayed on your computer monitor will be accurate.
We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or Services we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or Service made on this site is void where prohibited.
We do not guarantee that the quality of any products, Services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT DETAILS
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may apply to orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or delivery address. In the event that we modify or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/telephone number you provided at the time you placed the order. We reserve the right to restrict or prohibit orders which, in our sole discretion, appear to have been placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases you make in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.

For more information, please see our Refund Policy.

ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of any third-party optional tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you must ensure that you are familiar with and agree to the terms and conditions under which the tools are offered by the relevant third party or parties.
We may also offer new Services and/or features through the website in the future (including the release of new tools and resources). Such new features and/or Services are also subject to these Terms of Service.

ARTICLE 8 - LINKS TO THIRD PARTIES
Certain content, products, and Services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant or assume any liability or responsibility for any third-party materials or websites, or for any other third-party materials, products, or Services.
We are not liable for any loss or damage arising from the purchase or use of goods, Services, resources, content, or other transactions related to third-party websites. Please read the third party’s policies and practices carefully and ensure you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

ARTICLE 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send us certain specific submissions at our request (such as contest entries) or, without our request, send us creative ideas, suggestions, proposals, plans, or other materials—whether online, by email, by mail, or otherwise (collectively, “Submissions”)—you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use any Submissions you send to us in any medium whatsoever. We are under no obligation (1) to treat Comments as confidential; (2) to pay compensation for Comments; or (3) to respond to Comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your comments do not infringe upon the rights of third parties, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights. You further agree that your comments will not contain any defamatory or otherwise unlawful, offensive, or obscene material, or contain a computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate anyone other than yourself, or otherwise mislead us or third parties as to the origin of your comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility and accept no liability for comments posted by you or any third party.

ARTICLE 10 - PERSONAL INFORMATION
The provision of personal information via the shop is governed by our Privacy Policy, which you can view here.

ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, our website or the Service may contain information that includes typographical errors, inaccuracies or omissions. This information may relate to product descriptions, prices, promotions, offers, product delivery costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if the information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website shall be taken to indicate that all information in the Service or on any related website has been amended or updated.

ARTICLE 12 - PROHIBITED USE
In addition to other prohibitions set out in the Terms of Service, you are prohibited from using the site or its content: (a) for unlawful purposes; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, intimidate or discriminate against any person on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to provide false or misleading information; (g) upload or transmit viruses or other malicious code that in any way affects the functionality or operation of the Service or any related website, other websites or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, impersonate, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to disrupt or circumvent the security features of the Service or any related website, other websites or the internet. We reserve the right to terminate your use of the Service or any related website in the event of a breach of any of the prohibited uses.

ARTICLE 13 - PROHIBITED USE
We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable.
You agree that we may remove the Service from time to time for an indefinite period or discontinue the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your own risk. The Service and all products and services provided to you via the Service are (unless expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representations, warranties or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

Under no circumstances shall Mystackers, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Service or any product obtained through the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. As some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.

ARTICLE 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, trainees and employees from any claim or demand, including reasonable legal fees, made by any third party arising out of or in connection with your breach of these Terms of Service or the documents incorporated herein by reference, or your violation of any law or the rights of any third party.

ARTICLE 15 - SEVERABILITY
In the event that any provision of these Terms of Service is found to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, whereby such provision shall not affect the validity and enforceability of the remaining provisions.

ARTICLE 16 - TERMINATION
The obligations and liabilities of the parties arising prior to the date of termination shall survive the termination of this agreement for all purposes.
These Terms of Service shall remain in force unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole discretion, you fail to comply with, or we suspect that you have failed to comply with, any term or provision of these Terms of Service, we may terminate this agreement at any time without prior notice and you shall remain liable for all amounts due up to and including the date of termination; and/or we may accordingly deny you access to our Services (or any part thereof).

ARTICLE 17 - INDEMNITY
If we fail to exercise or enforce any right or provision of these Terms of Service, this shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or guidelines posted by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, all previous versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 18 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws of Belgium.

ARTICLE 19 - CHANGES TO THE TERMS OF SERVICE
You can view the most recent version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, amend or replace any part of these Terms of Service by posting updates and amendments on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service following the posting of changes to these Terms of Service constitutes acceptance of those changes.

ARTICLE 20 - CONTACT DETAILS
Any questions regarding the Terms of Service should be sent to us at stackers@mystackers.com.
Our contact details are provided below:
Mystackers - B.B.S. BV
stackers@mystackers.com
Lichterstraat 79F, 2870 Puurs-Sint-Amands, Belgium.
BE0891299346