Terms and Conditions

Terms and Conditions

This website is operated by Merinco Wear. Throughout the site, the terms “we”, “us”, “our” and “entrepreneur” refer to Merinco Wear. Merinco Wear offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

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

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 and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change 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 periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion 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 express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 1 – DEFINITIONS

In these terms and conditions, the following definitions apply:

Cooling-off Period: the period during which the consumer may exercise their right of withdrawal;

Consumer: the natural person not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;

Day: 14 calendar days;

Continuing Performance Contract: a distance contract relating to a series of products and/or services, with delivery and/or purchase obligations spread over time;

Durable Medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future reference and unchanged reproduction of the stored information.

Right of Withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance Contract: a contract concluded within the framework of a system organised by the entrepreneur for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

Means of Distance Communication: any tool that can be used to conclude a contract without the consumer and entrepreneur being together in the same space;

Terms and Conditions: these present general terms and conditions of the entrepreneur.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

Trade Name: Merinco Wear
Customer Service Email: info@merincowear.com

ARTICLE 3 – APPLICABILITY

These terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before a distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, how the general terms and conditions can be inspected and that they will be sent free of charge upon request by the consumer.

If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance contract is concluded, be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the entrepreneur shall indicate where the general terms and conditions can be accessed electronically and that they will be sent free of charge by electronic means or otherwise at the consumer's request.

If in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs shall apply accordingly and in the event of conflicting terms, the consumer may always invoke the applicable provision that is most favourable to them.

If any provision of these general terms and conditions is at any time wholly or partially void or annulled, the remainder of the agreement and these terms shall remain in effect and the void or annulled provision shall be replaced by a provision that most closely matches the intent of the original.

Situations not covered by these general terms and conditions must be assessed in the spirit of these terms and conditions.

Any ambiguity about the interpretation or content of one or more provisions shall be interpreted in the spirit of these general terms and conditions.

ARTICLE 4 – THE OFFER

If an offer is subject to a limited duration or specific conditions, this shall be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.

The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This includes in particular:

  • the price, excluding customs clearance fees and import VAT. These additional charges are the responsibility of the customer. The postal and/or courier service will use the special scheme for postal and courier services concerning the import. This scheme applies when goods are imported into the EU destination country, which is the case here. The postal and/or courier service will collect VAT (possibly together with the clearance fee) from the recipient;

  • any shipping costs;

  • the manner in which the agreement will be concluded and what actions are required for this;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and execution of the contract;

  • the deadline for accepting the offer, or the period within which the entrepreneur guarantees the price;

  • the rate for remote communication if the cost differs from the basic rate for the communication method used;

  • whether the contract will be archived after conclusion and, if so, how the consumer can access it;

  • how the consumer can check and correct the information provided under the contract prior to its conclusion;

  • any other languages in which the agreement can be concluded, besides Dutch;

  • the codes of conduct to which the entrepreneur has committed and how the consumer can consult these codes electronically; and

  • the minimum duration of the distance contract in the case of a continuing performance contract.

Optional: available sizes, colours, material types.

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 associated conditions.

If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance electronically. As long as this receipt has not been confirmed by the trader, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader shall implement appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can make payments electronically, the trader shall take appropriate security measures.

Within the legal framework, the trader may verify whether the consumer can meet their payment obligations, as well as any relevant facts and factors for responsibly entering into a distance agreement. If the trader has good reason, based on this investigation, not to enter into the agreement, they are entitled to refuse an order or application, or attach special conditions to its execution.

The trader shall provide the following information, either in writing or in a manner that allows the consumer to store it accessibly on a durable medium, with the product or service:

  • the trader's business address where the consumer can lodge complaints;

  • the conditions under which and the manner in which the consumer may exercise their right of withdrawal, or a clear statement if the right of withdrawal is excluded;

  • information on warranties and after-sales service;

  • the data referred to in Article 4(3) of these terms and conditions, unless the trader has already provided this to the consumer prior to the conclusion of the contract;

  • the requirements for terminating the contract if it is of indefinite duration or longer than one year.

In the case of a continuing performance contract, the above only applies to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the right to dissolve the agreement without giving any reason for a period of 30 days. This cooling-off period starts the day after the consumer or a representative designated by the consumer and notified to the trader receives the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise the right of withdrawal, they shall return the product along with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the trader's reasonable and clear instructions.

If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product, via written communication/email. After notifying, the consumer must return the product within 14 days. The consumer must provide proof that the item was returned in time, for example with a proof of postage.

If the consumer fails to notify within the period mentioned in paragraphs 2 and 3, or fails to return the product, the purchase becomes final.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

If the consumer exercises their right of withdrawal, they shall bear the cost of returning the products.

If the consumer has paid an amount, the trader shall reimburse this amount as soon as possible, but no later than 14 days after withdrawal, provided the returned product has been received by the trader or conclusive proof of return has been submitted.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The trader may exclude the consumer’s right of withdrawal for products as outlined in paragraphs 2 and 3. This exclusion is only valid if it was clearly stated in the offer, or at least in good time before the agreement was concluded.

Exclusion is only possible for:

  • products made to the consumer's specifications;

  • products that are clearly personal in nature;

  • products which, by their nature, cannot be returned;

  • products that perish or age quickly;

  • products whose price depends on financial market fluctuations beyond the trader’s control;

  • individual newspapers or magazines;

  • audio/video recordings or computer software where the seal has been broken by the consumer;

  • hygienic products where the seal has been broken.

Exclusion is also possible for services:

  • relating to accommodation, transport, restaurant or leisure activities to be performed on a specific date or during a specific period;

  • where performance began with the consumer’s explicit consent before the withdrawal period ended;

  • relating to betting or lotteries.

ARTICLE 9 – PRICE

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market beyond the trader’s control, at variable prices. This link to fluctuations and the fact that any stated prices are indicative, shall be mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:

  • they are the result of legal regulations or provisions; or

  • the consumer has the right to terminate the contract from the date the price increase takes effect.

All prices mentioned in the offer of products or services include VAT.

ARTICLE 10 – CONFORMITY AND WARRANTY

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date of the conclusion of the contract.

An arrangement offered as a guarantee by the trader, manufacturer, or importer does not affect the rights and claims the consumer may exercise under the law and/or the distance contract regarding a shortcoming in the trader’s obligations.

ARTICLE 11 – DELIVERY AND EXECUTION

The trader shall exercise the utmost care when receiving and executing product orders and when assessing requests for the provision of services.

The place of delivery shall be the address that the consumer has made known to the trader.

Subject to what is stated in Article 4 of these terms and conditions, the trader shall execute accepted orders expeditiously and at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or only partially, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the contract without costs and is entitled to compensation where applicable.

In the event of termination in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the trader shall make an effort to provide a replacement item. It shall be clearly and comprehensibly stated, at the latest upon delivery, that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the trader.

The risk of damage and/or loss of products lies with the trader until the moment of delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.

info@merincowear.com