Article 1. Definitions
Merceramsterdam.com is operated by or on behalf of Premium Inc. Retail B.V., Piekstraat 71, 3071 EL Rotterdam The Netherlands.
Article 2. Relevance
1. These Conditions apply to every offer, tender and agreement between the Mercer Amsterdam Webshop and a Customer on which the Mercer Amsterdam Webshop has declared to apply these Conditions, insofar as parties have not explicitly deviated from these Terms and Conditions in writing.
2. The relevant Terms and Conditions also apply to agreements between the Mercer Amsterdam Webshop and any third parties engaged by the Mercer Amsterdam Webshop for delivery.
3. These General Terms and Conditions also apply to employees of the Mercer Amsterdam Webshop and its management.
4. The applicability of any purchase or other Conditions of the Customer is expressly rejected.
5. If these provisions or several provisions of these Terms and Conditions are at any time partially or completely annulled, the remainder of these Terms and Conditions will remain applicable. If such event occurs, Mercer Amsterdam Webshop and Customer will consult with each other in order to reach an agreement on new provisions for those that were declared wholly or partially null and void. These will then be compiled and replaced with maximum respect for the objectives and scope of the original provisions.
6. If there is any uncertainty regarding the interpretation of these or more provisions of these General Terms and Conditions, such interpretation shall be made in the spirit of these General Terms and Conditions.
7. Should situations arise between parties not covered by these General Conditions, such situations should be assessed in the spirit of these General Conditions.
8. If the Mercer Amsterdam Webshop does not continuously ask for strict compliance with these General Terms and Conditions, this does not imply that the provisions contained therein would not apply, or that the Mercer Amsterdam Webshop loses its rights to strict compliance with these Terms and Conditions in any way or to any extent whatsoever in other cases.
9. The Mercer Amsterdam Webshop reserves the right to change the General Terms and Conditions and the content of its website.
Article 3. Offers and tenders
1. All offers and special promotions of merceramsterdam.com are non-binding, unless a deadline for acceptance is stated in the offer. An offer or a promotion expires if the product to which the offer or promotion relates is no longer available in the meantime.
2. Mercer Amsterdam cannot be held to its offers or promotions if it can reasonably be expected of the Customer that in the offers or promotions, or a part thereof, an apparent error or an error in the writing could have been identified.
3. Prices that are included in an offer or special promotion, include VAT, packaging, shipping and administration costs, unless otherwise indicated.
4. Merceramsterdam.com is not bound by any acceptance (whether by the provisions mentioned below or otherwise) that differs from what is included in the offer or special promotion. In that case, the acceptance is not in accordance with the offer or special promotion, unless merceramsterdam.com indicates otherwise.
5. Compound offers do not oblige merceramsterdam.com to perform part of the order at a proportionate amount of the quoted price. Offers and/or special promotions do not automatically apply to future orders.
6. Special promotions do not automatically apply to repeat orders.
Article 4. Order Confirmation and Agreement
1. As soon as possible upon receipt of an order, the Mercer Amsterdam Webshop will send a confirmation of the order, except in cases where the Mercer Amsterdam Webshop cannot reasonably be expected to comply with the contract with the customer. Mercer Amsterdam Webshop reserves the right, for whatever reason and in its sole discretion, not to accept an order and therefore not to confirm the order. Reasons are not limited to: stock availability, problems with receiving an order, or problems with completing an order. On the other hand, there may also be other circumstances that may lead to the rejection of an order.
2. As soon as the Mercer Amsterdam Webshop receives an order, the customer will be informed by email about the availability of the ordered products. If a product is (temporarily) unavailable, consultation with the customer will follow. After consultation with the customer, the final order will be agreed and confirmed by the Mercer Amsterdam Webshop. To be able to receive the ordered products, the customer has to make the payment in advance.
3. In exceptional cases, it is possible that some products of the agreed and paid order, for whatever reason, are no longer available. In such a case, the products that are not available at that time will be placed in back order. Delivery (transport) costs related to a backorder delivery are for the account of the customer. The customer has the right to refuse a backorder delivery. The customer must notify the Mercer Amsterdam Webshop by email. In such a case, the customer will be credited for the value of the products in back order status.
4. This agreement contains all made arrangements between the customer and the Mercer Amsterdam Webshop, replacing all previous agreements, regulations and/or agreements between the customer and the Mercer Amsterdam Webshop.
5. Unless there is evidence to the contrary, Mercer Amsterdam Webshop’s records constitute a valid proof of assigned orders, payments made to Mercer Amsterdam Webshop by customer, and of the deliveries made by the Mercer Amsterdam Webshop, recognizing that electronic communication can serve as proof. By accepting these General Terms and Conditions, the customer acknowledges this as well.
Article 5. Price
1. The total amount stated on the order confirmation is final and includes the costs of the processing, the packaging material and the transport of the ordered products.
2. Within the EU, levies or taxes are subject to European regulations.
3. The Mercer Amsterdam Webshop will only send a separate invoice to the address submitted by the customer after an explicit request from the customer.
4. The Mercer Amsterdam Webshop is entitled to change prices and correct any errors. If the customer has ordered on the basis of a (protected) published price list and the prices were planned to be changed, then the customer will be informed by email. If a price change has been uploaded, the customer has the right to cancel the order within the next 2 days. The Mercer Amsterdam Webshop cannot be held responsible for any (printing) errors in its prices or Conditions.
Article 6. Delivery
1. As soon as possible after an order has been accepted by the Mercer Amsterdam Webshop, the products will be offered to DHL. DHL will then deliver the package to the address indicated by the customer, unless previously otherwise agreed in writing with the customer.
2. Delivery times given to the customer in writing are indicative and not binding. Packages may be unexpectedly delayed by the postal services. the Mercer Amsterdam Webshop has no control over this, and cannot be held liable for such delays. Any delay due to customs clearance in the destination country is at the risk of the customer.
3. The delivery time starts from the moment we hand over the package to DHL or other postal services.
4. If a package (sent from the Netherlands) has not arrived within the specified period, no action will be taken for at least 4 weeks. The reason for this is that the delayed shipment is often still delivered within the mentioned period.
5. For deliveries outside the EU, any import duties for are for the account of the customer. The customer should be aware of the import regulations in his/her country prior to ordering. The Mercer Amsterdam Webshop has no control over this and cannot be held liable for it.
6. Any costs related to the delivery shall be borne by the customer.
7. The customer is obligated to accept the purchased products at the time they are made available or transferred to him.
8. If the customer refuses to accept the products, or fails to provide instructions or the correct address, then the products intended for delivery will be stored at the customer's own risk. Any additional costs for repeated delivery attempts or storage of these products will be charged to the customer.
9. Not all shipments are automatically insured. Insurance of a shipment depends on value and/or content of the shipment as well as customer requirements. If, after consultation with the Mercer Amsterdam Webshop and providing the customer has agreed on the insurance, a shipment is lost or damaged during transport, the Mercer Amsterdam Webshop will request the carrier concerned to conduct an investigation.
10. The Mercer Amsterdam Webshop can only comply with the delivery terms if the customer has provided the Mercer Amsterdam Webshop with the relevant data necessary for delivery.
Article 7. Warranty
1. The Mercer Amsterdam Webshop guarantees that all products delivered will at least comply with the guarantees given by the OEM (Original Equipment Manufacturer). The Mercer Amsterdam Webshop will do its utmost to ensure that the ordered products are handled during operation with the greatest possible care and meet the requirements of proper packaging for shipping.
2. No warranty will be given on products of which it is clear that:
1. The customer or third parties have unknowingly altered the products or tried to alter the products without written consent.
2. The products have been used for purposes other than those for which they are intended.
Article 8. Receipt
1. The Customer is obliged to check the delivery (or have it checked) immediately when the products are made available to him or when the transport services deliver them. During such an inspection, the customer is obliged to check whether the quality and/or number of the delivered products correspond to what has been agreed and whether they meet the requirements agreed by the parties with regard to the delivery. The Mercer Amsterdam Webshop must be notified within 48 hours of discovery of any defects found by sending an email to email@example.com stating the number mentioned on the packing slip.
2. If the customer receives a delivery with clearly damaged packaging and/or suspects the contents of the packaging are damaged, the customer is required to take the following actions:
1. Take pictures of the package as it was delivered.
2. Indicate on the receipt or delivery note that the package was delivered with damages.
3. Demand a copy of the receipt/delivery note (or make a copy). The company that delivered the products can then leave.
4. Immediately check the contents of the package(s). If the contents of the shipment are damaged, the customer should report this damage within 48 hours in as much detail as possible to the Mercer Amsterdam Webshop including photographic evidence. Only then can claims for damaged products be accepted and examined by the Mercer Amsterdam Webshop. The Customer shall enable the Mercer Amsterdam Webshop to investigate the complaint, or to have it investigated.
5. Products can only be returned upon confirmation and receipt of written permission of the Mercer Amsterdam Webshop.
6. In the event that damaged products are returned by the customer, the transport costs shall be borne by the customer. Replacement of the damaged products will be at the expense of the Mercer Amsterdam Webshop.
Article 9. Liability
1. In cases where the Mercer Amsterdam Webshop is liable, this liability will be limited to what is included in these provisions.
2. If products delivered by the Mercer Amsterdam Webshop are not in good condition, the liability of the Mercer Amsterdam Webshop is limited to what is stipulated in our General Terms and Conditions under "Warranty".
3. In the event of consequential damage, the Mercer Amsterdam Webshop will limit itself to the replacement or refund of the purchase price of the delivered products.
4. The customer is personally responsible for the choice, storage and handling of the products. The Mercer Amsterdam Webshop is not liable for any damage caused as a result of deliberate intention, guilt and/or culpable action, or injudicious or improper use by the customer.
5. The Mercer Amsterdam Webshop is not liable for any damage, of whatever nature, that may be or is caused by incorrect and/or incomplete information provided by the customer.
6. The Mercer Amsterdam Webshop is only liable for direct damage in case of obvious lack of care in providing proper transport packaging and deliberate non-compliance with rules of conduct that have previously been agreed to in writing with the customer.
7. The Mercer Amsterdam Webshop is never liable for indirect damage, including consequential damage, loss of profit, missed savings and losses as a result of business stagnation and/or other types of stagnation.
8. In any case, the liability of the Mercer Amsterdam Webshop, where applicable, is limited to the amount paid by the insurer.
9. The Mercer Amsterdam Webshop cannot be held liable for printing errors, writing and/or counting errors, incorrect interpretations of product information, offers, order confirmations or invoices, incorrect use of products and/or materials, nor for the consequences thereof.
10. The limitations of liability mentioned in this article do not apply if the losses can be attributed to deliberate intention or gross negligence of the Mercer Amsterdam Webshop.
Article 10. Transfer of risk
1. Risks arising from loss of or damage to products specified in the agreement shall be transferred to the customer from the moment that these products are legally and/or actually delivered to the customer or to third parties appointed by the customer.
Article 11. Payment
1. No rights can be derived from incorrect prices and/or images.
2. Payment must be made using the payment methods offered on merceramsterdam.com. Processing and shipping of the ordered products takes place after payment by the customer.
3. The Mercer Amsterdam Webshop will never make customer data available to third parties and will act in accordance with Dutch legislation (including the General Data Protection Regulation).
Article 12. Right to terminate the contract
1. After purchase, the customer has the right, for a period of 7 working days, to cancel the purchase, without giving any reason. The Mercer Amsterdam Webshop must be notified in writing within 14 working days after the purchase. Any costs for returning the products are for the account of the customer.
2. The customer can only cancel the purchase without giving any reason, if the products concerned can be returned complete, unused, undamaged and in their original packaging.
3. The customer is fully responsible for the return, the method of shipment and any insurance of the shipment.
4. If, in case of a return to the Mercer Amsterdam Webshop, it appears that the return packaging is damaged or that the returned products do not meet the Conditions stated under paragraph 2 of this article, the Mercer Amsterdam Webshop will inform the customer of this within a maximum of 2 working days.
5. Paragraph 1 of this Article shall not apply to Accessories and Clearance Sales.
Article 13. Complaints
1. If the delivered products do not meet the customer's expectations as a result of breakage, damage or incorrect delivery, the customer shall notify the Mercer Amsterdam Webshop within 48 hours after receipt of the products. If the Mercer Amsterdam Webshop has not received a complaint within this period of 48 hours, it is deemed that the delivery was in accordance with the order.
Article 14. Intellectual Property
1. The Mercer Amsterdam Webshop reserves all rights and powers which belong to it by virtue of the Dutch Copyright Act (Auteurswet) and any other laws and intellectual property laws.
2. The Mercer Amsterdam Webshop is the owner and/or licensee of all copyrights, database applications, (private) brands and other intellectual property rights on this website. Concept, structure, layout and design are the exclusive property of the Mercer Amsterdam Webshop.
3. If the aforementioned items are used by the customer it will only be limited to him- or herself and the items will not be reproduced, published or brought to the attention of third parties without the prior written consent of the Mercer Amsterdam Webshop.
Article 15. Force Majeure
1. Neither the Mercer Amsterdam Webshop nor the customer are deemed to fulfil any of their obligations if they are prevented from doing so as a result of circumstances that cannot be attributed to fault and if the obligations would be contrary to the applicable legislation, a legal act or parts thereof.
2. In addition to what is considered to be force majeure by law and jurisprudence, in these General Terms and Conditions force majeure is understood to be all external causes, foreseen or unforeseen, over which the Mercer Amsterdam Webshop has no influence and as a result of which the Mercer Amsterdam Webshop may not be able to fulfill its obligations.
3. The Mercer Amsterdam Webshop reserves the right to invoke force majeure if the circumstances as described above apply after the Mercer Amsterdam Webshop was deemed to comply with its obligations.
Article 16. Applicable law and disputes
1. All legal relationships to which the Mercer Amsterdam Webshop is a party, even if it concerns a relationship that is wholly or partly located abroad or if the party involved in the legal relationship is a resident of a foreign country, shall be assessed solely on the basis of Dutch law. The UN Convention on the International Sale of Products does not apply.
2. Before the parties appeal to the courts, they shall make every effort and do their utmost to settle any risen by mutual agreement.