Terms & Conditions

Versie 1.1
This page was last modified on May 1, 2020.

 

Index:

Article   1 - Definitions

Article   2 - Identity of the company

Article   3 - Applicability

Article   4 - The offering

Article   5 - The contract

Article   6 - Right of withdrawal

Article   7 - Costs in case of withdrawal

Article   8 - Exclusion of the right of withdrawal

Article   9 - The price

Article 10 - Conformity and guarantee

Article 11 - Delivery and performance

Article 12 - Extended transactions: duration, cancellation and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different stipulations

 

Article 1: Definitions

1.1 Reflection period: The period of time during which the consumer may use his right of withdrawal;

1.2 Consumer: The natural person not acting in the exercise of a profession or business and entering into a distance contract with the entrepreneur;

1.3 Day: Calender day

1.4 Extended transaction: A distance contract in relation to a series of products and/or services of which the obligation to deliver and/or purchase is staggered in time;

1.5 Durable data carrier: any medium that enables the consumer or entrepreneur to store information addressed to him personally in such a manner that allows for future consultation and unaltered reproduction of the stored information;

1.6 Right of withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period;

1.7 Standard form: the standard form for revocation, made available by the entrepreneur to the consumer when he wishes to exercise his right of withdrawal.

1.8 Entrepreneur: the natural or legal person that offers products and/or services remotely to consumers;

1.9. Distance contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organised by the entrepreneur for distance sale of products and/or services;

1.10 Technology for distance communication: a means to be used for concluding an agreement, without the consumer and the entrepreneur being together in the same place at the same time.

1.11 General Terms and Conditions: the present general Terms and Conditions of the entrepreneur.

 

Article 2: Identity of the company

Merchstore B.V.
Bingerweg 21
2031 AZ Haarlem

Telefoonnummer: +31 (0)6 42874995
E-mailadres: customerservice@merchstore.nl
KvK-nummer: 81130783
Btw-identificatienummer: NL861945591B01

 

Article 3: Applicability

3.1 These general Terms and Conditions apply to any offer from the entrepreneur and to any distance contract and orders concluded by the entrepreneur and the consumer.

3.2 Before concluding a distance contract, the entrepreneur shall make the text of these General Terms and Conditions available to the consumer. If this is reasonably not possible, the entrepreneur, before concluding the distance contract, shall notify that the General Terms and Conditions can be inspected at the Entrepreneur´s and that, at the consumer´s request, they will be sent to the consumer free of charge as soon as possible.

3.3 If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically before concluding the distance contract, and that they will be delivered at the Consumer´s request free of charge, either via electronic means or otherwise.

3.4 If in addition to these General Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory General Terms and Conditions, the Consumer may always appeal to the applicable provision that is most favourable to him.

 

Article 4: The offering

4.1 If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.

4.2 The offer is non-binding. The entrepreneur is entitled to alter or amend the offer.

4.3 The offer contains a full and detailed description of the offered products and/or services. The description is suitably detailed to enable the consumer to properly assess the offer. If the entrepreneur makes use of pictures, they are truthful images of the products and/or services provided.

Obvious errors or mistakes in the offer are not binding for the entrepreneur.

4.4 All images, specifications information in the offer are indicative and can not lead to damage compensation or termination of the agreement.

4.5 All product images are a truthful representation of the offered products. Entrepreneur cannot guarantee that the displayed colours are an exact match to the actual colours of the products.

4.6 All offers contain such information that it is clear to the consumer what rights and duties are attached to accepting the offer. This involves in particular:

  • the price, including taxes;
  • any delivery costs, if applicable;
  • the way in which the agreement will be concluded, and what actions are needed to establish this;
  • whether or not the right of withdrawal is applicable;
  • the form of payment, delivery and performance of the contract;
  • the time frame for accepting the offer, or, as the case may be, the time frame for honouring the price;
  • the rate of distance communication if the costs for using the technology for distance communication are calculated on a basis other than the basic rate;
  • if the contract is filed after conclusion, and how the consumer can consult it;
  • the manner in which the consumer, before concluding the contract, may verify any data provided by him in relation to the contract, and the way the consumer may correct this data before the contract is concluded;
  • any languages other than Dutch in which the contract can be concluded;
  • the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct via electronic means, and
  • the minimum duration of the distance contract in the event of a extended transaction.

 

Article 5: The contract

5.1 Subject to the provisions in paragraph 4, the contract becomes valid when the consumer has accepted the offer and fulfilled the terms and conditions set.

5.2 If the consumer accepted the offer via electronic means, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the consumer may repudiate the contract.

5.3 If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

5.4 The entrepreneur may, within the limits of the law, gather information about consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.

5.5 The entrepreneur shall send the following information along with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

  1. the visiting address of the entrepreneur´s business establishment where the
  2. consumer may get into contact for any complaints;
  3. the conditions on which and the way in which the consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
  4. the information relating to existing after-sales services and guarantees;
  5. the information as stated in article 4 paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided the consumer with this information before the performance of the contract;
  6. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.

5.6 If it concerns the delivery of a series of products or services, the stipulation in the previous paragraph applies to the first delivery only.

5.7 Each contract is entered into under the suspensive condition of sufficient availability of the products concerned.

 

Article 6: Right of withdrawal

When delivering products:

6.1 When purchasing products, the consumer has the option to repudiate the contract without specifying any reasons for a period of at least 14 days. This period starts on the day the product is received by or on behalf of the consumer.

6.2 During this period, the Consumer shall handle the product and the packaging with care. The consumer shall only unpack or use the product to the extent necessary to judge whether he or she wishes to keep the product. If wishing to exercise the right of withdrawal, the consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to the entrepreneur in conformity with the entrepreneur´s reasonable and clear instructions.

6.3 When the consumer wishes to use his right of withdrawal, he is obligated to inform the entrepreneur within 14 days after receiving the product. The informing of the entrepreneur must be done by the consumer via the standard form. After the consumer has stated that he wishes to use his right of withdrawal, the costumer must return the product within 14 days. The consumer must prove that the delivered products were returned timely, by, for example, a proof of dispatch.

6.4 When the customer has not indicated that he wishes to use his right of withdrawal or has not returned the products within the terms as mentioned in paragraph 2 and 3, the purchase is final.

When providing services:

6.5 When providing services, the consumer has the option to repudiate the contract without specifying any reasons, for a period of at least 14 days starting on the day of concluding the contract.

6.6 To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions given by the entrepreneur in this context during the offer and/or before the delivery.

 

Article 7: Costs in case of withdrawal

7.1 Should the consumer exercise the right of withdrawal, only the returning costs are at the consumer´s expense.

7.2 If the Consumer has made a payment, the entrepreneur shall return this amount as soon as possible, but within not more than 14 days after the withdrawal. However, under the condition that the product has been received by the online retailer or conclusive evidence of a complete return can be provided.

 

Article 8: Exclusion of the right of withdrawal

8.1 The entrepreneur can preclude the consumer from having a right of withdrawal as far is provided for in paragraph 2 and 3 of this article. The exclusion of the right of withdrawal applies only if the entrepreneur mentioned this clearly in the offer at least timely before the conclusion of the contract.

8.2 Exclusion of the right of withdrawal is only possible for products:

  1. that were realised according to the consumer’s specifications;
  2. that are obviously personal in nature;
  3. that cannot be returned due to their nature;
  4. that spoil or age quickly;
  5. whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur’s control;
  6. for single newspapers and magazines;
  7. for audio and video recordings and computer software of which the consumer has broken the seal;
  8. for hygiene products of which the consumer has broken the seal.

8.3 Exclusion of the right of withdrawal is only possible for services

  1. regarding accommodation, transportation, restaurant establishments or leisure activities to be used or performed on a certain date or during a certain period;
  2. of which the provision has been started with the consumer’s explicit consent before the expiration of the cooling-off period;
  3. regarding betting and lotteries;

 

Article 9: The price

9.1 The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.

9.2 Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.

9.3 Price increases within 3 months after concluding the contract are permitted only as a result of new legislation.

9.4 Price increases from 3 months after concluding the contract are permitted only if the entrepreneur has stipulated it and

  1. they are the result of legal regulations or stipulations; or
  2. the consumer has the authority to cancel the contract before the day on which the price increase starts.

9.5 All prices indicated in the provision of products or services are including VAT.

9.6 All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. The entrepreneur is not obligated to provide the product for the wrong price in case of printing or typographical errors.

 

Article 10: Conformity and guarantee

10.1 The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation.

10.2 An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer shall not affect the rights and claims the consumer may exercise against the entrepreneur.

10.3 Any defects or faulty goods should be reported to the entrepreneur within 4 weeks after delivery in writing.

Return shipment of the products must be in the original packaging and as new.

10.4 The guarantee term of the entrepreneur is equal to the factory guarantee. The entrepreneur is never liable for the eventual suitability of the products for every individual application by the consumer, nor for any advice relating to the use or application of the products.

10.5 the guarantee does not apply when:

  • The consumer has repaired and/or altered the products himself or has third parties repair and/or alter the products.
  • The delivered products have been exposed to abnormal circumstances or misused in any other way or are in violation of the directions given by the entrepreneur and/or listed on the packaging.
  • The defectiveness is, in whole or partial, the consequence of regulations given or to be given by the authorities regarding the nature or the quality of the applied materials.

 

Article 11: Delivery and performance

11.1 The entrepreneur shall exercise the best possible care when booking and when executing product orders, and when assessing requests for the provision of services.

11.2 The place of delivery is at the address given by the consumer to the company.

11.3 With due observance of the stipulations in Article 4 of these General Terms and Conditions, the company shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer shall be informed about this within 30 days after ordering. In such cases, the consumer is entitled to repudiate the contract free of charge. The consumer will have no right to compensation.

11.4 All delivery times are indicative. The consumer cannot derive any rights from any mentioned terms. Exceeding of a term does not entitle the consumer to compensation.

11.5 In the event of repudiation under paragraph 3 of this Article, the entrepreneur shall return the payment made by the consumer as soon as possible but at least within 14 days after repudiation.

11.6 If delivering an ordered product turns out to be impossible, the entrepreneur shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal may not be excluded with replacement products. The costs of the return shipment are to be borne by the entrepreneur.

11.7 Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with the entrepreneur until the time they are delivered to the consumer or his representative, predefined and known to the entrepreneur.

 

Article 12: Extended transactions: duration, cancellation and extension

Cancellation

12.1 Regarding a indefinite contract, which extends to the regular delivery of products (including electricity) or services the consumer may terminate at any time in compliance with the applicable termination rules and a notice of up to one month.

12.2 Regarding a definite contract, which extends to the regular delivery of products (electricity included) or services the consumer can terminate the contract at any time at the end of the fixed term in compliance with the applicable termination rules and with a notice of at the most one month.

12.3 Consumers can the agreements mentioned in the preceding paragraphs:

  • cancel at any time and not be limited to termination at a particular time or in a given period;
  • at least cancel the same way as they are entered into by the consumer;
  • cancel at the same notice as the company has negotiated for itself.

Extension

12.4 A contract for a definite period, which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

12.5 Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines be tacitly renewed for a maximum of three months if the consumer agreement that has been extended towards the end of the extension may be terminated with a notice of up to one month.

12.6 A contract for a definite period, which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer may cancel at any time with notice of one month and a notice of up three months if the contract is about regularly, but less than once a month, delivering daily, news and weekly newspapers and magazines.

12.7 Agreements with a limited duration of regular delivery of trial days, news and weekly newspapers and magazines (trial or introductory subscription) is terminated automatically and not tacitly continued after the trial or introductory period.

Duration

12.8 If a contract lasts more than one year, after one year of the agreement the consumer may at any time terminate with a notice of up to one month prematurely, unless the reasonableness and fairness resisting the termination before the end of the agreed term.

 

Article 13: Payment

13.1 Unless otherwise agreed, the amounts to be paid by the consumer are to be settled within 7 working days after the reflection period as mentioned in Article 6 paragraph 1. Or in the event of an agreement to provide a service, this term shall begin to run after the delivery of documents relating to this service.

13.2 The consumer has the duty to inform the entrepreneur promptly of possible inaccuracies in the payment details.

13.3 In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge any predetermined reasonable costs incurred to the consumer.

 

Article 14: Complaints procedure

14.1 The entrepreneur shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaint procedure.

14.2 Complaints about the performance of the contract shall be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

14.3 The complaints submitted with the entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the entrepreneur shall respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed reply.

14.4 If the complaint cannot be solved in joint consultation, there will be a dispute that is open to the dispute settlement rules.

14.5 In case of a complaint, the consumer must first contact the entrepreneur. It is also possible to present a complaint via the European ODR platform (http://ec.europa.eu/odr).

14.6 A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise, in writing.

14.7 When a complaint is found just by the entrepreneur, the entrepreneur will then either replace or repair the delivered products free of charge.

 

Article 15: Disputes

15.1 Contracts between the entrepreneur and the consumer, to which these General Terms and Conditions apply, are exclusively governed by Dutch law. Even when the consumer lives abroad.

15.2 The United Nations Convention on Contracts for the International Sale of Goods is not applicable.

 

Article 16: Additional or different stipulations

Additional provisions of and/or deviations from these General Terms and Conditions may not be to the consumer’s detriment and must be put in writing or be recorded in such a way that the Consumer can store them in an accessible manner on a durable data carrier.