GENERAL TERMS AND CONDITIONS

Terms and Conditions Mermandies

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of Mermandies

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Consumer obligations during the cooling-off period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of Mermandies in case of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Fulfillment and extra guarantee

Article 13 - Delivery and implementation

Article 14 - Duration transactions: duration, termination and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by Mermandies or by a third party on the basis of an agreement between that third party and Mermandies;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or professional activity;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a given period;
Durable medium: any tool—including email—that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows for future consultation or use during a period that is suited to the purpose for which the information is intended, and which allows for unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Distance contract: an agreement concluded between Mermandies and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, where up to and including the conclusion of the agreement, exclusive or shared use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;
Mermandies: the legal entity as further defined in Article 2, which offers products, (access to) digital content and/or services to consumers at a distance as set out in these general terms and conditions;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet in the same room simultaneously;

Article 2 – Identity of Mermandies

Name of entrepreneur: Mermandies

Registered office: Heuvelstraat 44, 3970 Leopoldsburg, Belgium

Email address: mermandies@myshoppiez.com

Company registration number: 0820707892

VAT identification number: BE0820.707.892

Article 3 – Applicability

These general terms and conditions apply to every offer from Mermandies and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Mermandies will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at Mermandies and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting terms.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Mermandies uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind Mermandies.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the corresponding conditions.
If the consumer has accepted the offer by electronic means, Mermandies will immediately confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by Mermandies, the consumer may dissolve the agreement. After receiving this confirmation, it is no longer possible for the consumer to dissolve or cancel the agreement: however, the consumer can make use of the right of withdrawal (Article 6).
If the agreement is concluded electronically, Mermandies will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, Mermandies will observe appropriate security measures for this purpose.
Mermandies may – within legal frameworks – inform itself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Mermandies has good grounds for not entering into the agreement, it is entitled to refuse an order or application or to attach special conditions to the performance, while providing reasons.
Mermandies will send the following information to the consumer at the latest upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
1. the visiting address of the Mermandies establishment where the consumer can lodge complaints;
2. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
3. the information on guarantees and existing after-sales service;
4. the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or performance of the distance contract;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
6. if the consumer has a right of withdrawal, the model form for withdrawal.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 (fourteen) days without giving any reasons. Mermandies may ask the consumer about the reason for withdrawal, but the consumer is not obliged to state his reason(s).
The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. Mermandies may, provided it has informed the consumer about this in a clear manner prior to the ordering process, refuse an order for multiple products with different delivery times.
2. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
3. for agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.

For services and digital content not supplied on a tangible medium:

The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reasons. Mermandies may ask the consumer about the reason for withdrawal, but the consumer is not obliged to state his reason(s).
The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content not supplied on a tangible medium in case of failure to inform about the right of withdrawal:

If Mermandies has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period ends twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If Mermandies has provided the information referred to in the previous paragraph to the consumer within twelve months after the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics, and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for depreciation of the product that is the result of handling the product in a way that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if Mermandies has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period by means of the model form for withdrawal or in another unambiguous manner to Mermandies.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (a representative of) Mermandies. This is not necessary if Mermandies has offered to collect the product itself. In any case, the consumer has observed the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Mermandies.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If Mermandies has not stated that the consumer must bear these costs or if Mermandies indicates that it will bear the costs itself, the consumer does not have to bear the costs for returning the product.
The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
1. he has not expressly consented to commencing the performance of the agreement before the end of the cooling-off period prior to its delivery;
2. he has not acknowledged losing his right of withdrawal when granting his consent; or
3. Mermandies has failed to confirm this statement by the consumer.
If the consumer makes use of his right of withdrawal, all additional agreements are legally dissolved.

Article 9 – Obligations of Mermandies in the event of withdrawal

If Mermandies makes the notification of withdrawal by the consumer possible by electronic means, it shall promptly send a return receipt after receiving this notification.
Mermandies shall reimburse all payments from the consumer, including any delivery costs charged by Mermandies for the returned product, without delay but within 14 (fourteen) days following the day on which the consumer notifies it of the withdrawal. Unless Mermandies offers to collect the product itself, it may wait to pay back until it has received the product or until the consumer proves that they have returned the product, whichever comes first.
Mermandies shall use the same payment method for reimbursement that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Mermandies does not need to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

Mermandies may exclude the following products and services from the right of withdrawal, but only if Mermandies has clearly stated this in the offer, at least in good time before the conclusion of the agreement:

Products or services whose price is subject to fluctuations on the financial market over which Mermandies has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is defined as a sales method where products, digital content and/or services are offered by Mermandies to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:
1. performance has begun with the consumer's express prior consent; and
2. the consumer has declared that they lose their right of withdrawal as soon as Mermandies has fully performed the agreement;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance other than for residential purposes, goods transport, car rental services, and catering;
Agreements related to leisure activities, if the agreement provides for a specific date or period of performance thereof;
Products manufactured according to the consumer's specifications, which are not prefabricated and are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products which, by their nature, are irrevocably mixed with other products after delivery;
Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which Mermandies has no influence;
Sealed audio and video recordings and computer software, whose seal has been broken after delivery;
Newspapers, journals or magazines, with the exception of subscriptions to them;
The delivery of digital content other than on a tangible medium, but only if:
1. performance has begun with the consumer's express prior consent; and
2. the consumer has declared that they thereby lose their right of withdrawal.

Article 11 – The price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, Mermandies may offer products or services with variable prices whose prices are subject to fluctuations on the financial market over which Mermandies has no influence. This dependence on fluctuations and the fact that any mentioned prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if Mermandies has stipulated this and:
1. these are the result of statutory regulations or provisions; or
2. the consumer has the authority to terminate the agreement on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Article 12 – Performance of the agreement and extra guarantee

Mermandies guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, Mermandies also guarantees that the product is suitable for other than normal use.
An extra guarantee provided by Mermandies, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Mermandies under the agreement if Mermandies has failed to fulfill its part of the agreement.
An extra guarantee is defined as any commitment by Mermandies, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what is legally required in the event that it has failed to fulfill its part of the agreement.

Article 13 – Delivery and implementation

Mermandies will exercise the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to Mermandies.
With due observance of what is stated in Article 4 of these general terms and conditions, Mermandies will execute accepted orders with reasonable speed but at the latest within 14 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be notified of this no later than 14 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
After dissolution in accordance with the previous paragraph, Mermandies will immediately refund the amount that the consumer has paid.
The risk of damage and/or loss of products rests with Mermandies until the moment of delivery to the consumer or a pre-designated representative made known to Mermandies, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, termination and renewal

Termination:

The consumer may at any time terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products or services, subject to the agreed termination rules and a notice period of no more than 14 days.

The consumer may at any time terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products or services by the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:

terminate at any time and not be limited to termination at a specific time or in a specific period;
at least terminate in the same way as they were entered into by him;
always terminate with the same notice period as Mermandies has stipulated for itself.

Renewal:

An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period may be tacitly extended for a definite period of up to three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than 14 days.
An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may at any time terminate with a notice period of no more than 14 days.

Duration:

If an agreement has a duration of more than one year, the consumer may after one year terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

Insofar as not otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 (fourteen) days after the cooling-off period starts, or in the absence of a cooling-off period within 14 (fourteen) days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s), before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or specified payment details to Mermandies without delay.
If the consumer does not fulfill his payment obligation(s) in time, he is, after he has been pointed out by Mermandies of the late payment and Mermandies has granted the consumer a period of 14 (fourteen) days to fulfill his payment obligations, after failure to pay within this 14-day period, liable for statutory interest on the amount still owed and Mermandies is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the next € 5,000 with a minimum of € 40. Mermandies may deviate from the aforementioned amounts and percentages for the benefit of the consumer.

Article 16 – Complaints procedure

Mermandies has a sufficiently published complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to Mermandies fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to Mermandies will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeably longer processing time, Mermandies will respond within the period of 14 (fourteen) days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

Article 17 – Disputes

Belgian law exclusively applies to agreements between Mermandies and the consumer to which these general terms and conditions relate. All disputes arising from the agreement and/or these general terms and conditions will be submitted to the competent court of the district where Mermandies has its office.

Article 18 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

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GENERAL TERMS AND CONDITIONS