Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Right of Withdrawal:
The period in which the consumer may exercise the right to withdraw from a distance contract.

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

Day:
A calendar day.

Continuous Contract:
A distance contract relating to a series of products and/or services, where the obligation of delivery and/or receipt is spread over time.

Durable Data Carrier:
Any tool that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future access and unaltered reproduction.

Right of Withdrawal:
The consumer’s option to withdraw from the distance contract within the applicable withdrawal period.

Entrepreneur:
A natural or legal person offering products and/or services to consumers as part of a distance contract.

Distance Contract:
A contract concluded within the framework of a system for distance selling organized by the entrepreneur, where exclusive use is made of one or more means of distance communication until the contract is concluded.

Means of Distance Communication:
Any means that can be used to conclude a contract without the simultaneous physical presence of the consumer and the entrepreneur.

General Terms and Conditions:
These terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Mercary
E-mail address: info@mercaryfashion.com
Registration number (CVR): 98190199
VAT number: NL005314723B12

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, the consumer will be informed where the terms can be viewed at the entrepreneur’s premises and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of the general terms and conditions may be provided electronically in a way that allows the consumer to easily store it on a durable data carrier.

If, in addition to these conditions, specific product or service conditions apply, the consumer may always rely on the provision most favorable to them in the event of conflicting terms.

If any provision of these terms is wholly or partly void or invalidated, the remaining provisions remain in effect. The void provision will be replaced by a provision that reflects the original intent as closely as possible.

Any matters not addressed in these terms must be interpreted in accordance with their spirit and purpose.

Ambiguities regarding interpretation should also be handled in accordance with the spirit of these terms.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be expressly stated.

The offer is non-binding. The entrepreneur is entitled to change or withdraw the offer.

The offer contains a complete and accurate description of the products and/or services offered. If images are used, they must truthfully represent the product or service. Obvious mistakes or errors are not binding.

All images, specifications, and information are indicative and cannot lead to compensation or cancellation.

Colors shown on screens may differ from actual product colors.

Each offer contains information enabling the consumer to understand their rights and obligations, including:

• The price including taxes
• Shipping costs (if applicable)
• How the contract is concluded
• Whether the right of withdrawal applies
• Method of payment, delivery, and performance
• Validity of the offer
• Rates for distance communication (if applicable)
• Whether the contract will be stored after conclusion and access methods
• Steps to correct data entry errors
• Available contract languages
• Any applicable codes of conduct
• Minimum duration for continuous services

Article 5 – Formation of the Contract

The contract is concluded when the consumer accepts the offer and meets the stated conditions.

If acceptance is made electronically, the entrepreneur will confirm receipt without delay. Until this confirmation is received, the consumer may withdraw from the contract.

The entrepreneur shall take appropriate technical and organizational measures to secure electronic data transmission.

The entrepreneur may assess whether the consumer can meet payment obligations. If there are justified reasons, the entrepreneur may refuse or impose special conditions on the contract.

Upon delivery of the product or service, the entrepreneur will provide:

a. The entrepreneur’s official address for complaints
b. Instructions regarding the right of withdrawal
c. Warranty and after-sales information
d. Required details from Article 4, unless already provided
e. Conditions for terminating the contract (if applicable)

For continuous services, this applies only to the first delivery.

Contracts are subject to product availability.

Article 6 – Right of Withdrawal

Consumers may withdraw from the contract within 14 days without providing a reason. The period begins the day after the consumer or a designated person receives the product.

The consumer must handle the product and packaging carefully during this period.

To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing or by email within the 14-day period. The consumer then has another 14 days to return the product.

If the consumer fails to notify or return the product on time, the contract becomes binding.

Article 7 – Costs of Withdrawal

Return shipping costs are borne by the consumer.

The entrepreneur will refund payments within 14 days after receiving the returned product or proof of return shipment.

Article 8 – Exclusion of the Right of Withdrawal

The right of withdrawal may be excluded for:

a. Custom-made products
b. Personalized goods
c. Items that cannot be returned due to their nature
d. Perishable goods
e. Products affected by market fluctuations
f. Single-issue newspapers/magazines
g. Opened audio/video/software items
h. Hygienic products with broken seals

It may also be excluded for:

a. Accommodation, transport, catering, or leisure services for specific dates
b. Services started with explicit consumer consent before withdrawal period ends
c. Betting and lottery services

Article 9 – Price

Prices remain unchanged during the offer period except for VAT changes.

Items influenced by market fluctuations may vary in price.

Price increases within three months are only allowed due to legal requirements.

All prices include VAT.

Obvious pricing mistakes are not binding.

Article 10 – Conformity and Warranty

Products must meet the contract, description, usability, and legal requirements.

Manufacturer warranties do not limit consumer rights.

Defects must be reported within 14 days.

The warranty does not apply if:

• The consumer has repaired/modified the item
• The product was misused
• The defect results from legal material standards

Article 11 – Delivery and Performance

The place of delivery is the address provided by the consumer.

Orders are fulfilled within 30 days, unless otherwise agreed. Delays will be communicated within the same period.

If delivery is impossible, a replacement item may be provided. The right of withdrawal still applies, and return shipping is free.

Risk transfers to the consumer upon delivery.

Article 12 – Long-Term Contracts

Termination

Consumers may terminate indefinite contracts with a one-month notice period.

Fixed-term contracts may be terminated after the initial period with one month’s notice.

Renewal

Fixed-term contracts cannot automatically renew, except:

• Magazine subscriptions may renew for up to 3 months
• Indefinite renewal is allowed if the consumer can cancel anytime

Trial subscriptions are not automatically renewed.

Article 13 – Payment

Unless agreed otherwise, payment must be made within 14 days.

For product purchases, prepayments over 50% are not permitted.

Consumers must ensure accuracy of payment information.

Late payments may incur statutory collection fees.

Article 14 – Complaints Procedure

Complaints must be submitted promptly with a clear description.

Complaints are answered within 14 days. If more time is needed, the consumer will be informed.

If no solution is reached, disputes may proceed to mediation.

Submitting a complaint does not suspend payment obligations.

If a complaint is justified, replacement or repair will be provided free of charge.

Article 15 – Disputes

Only US law applies to contracts between the entrepreneur and the consumer, even if the consumer resides outside US.