Terms of service

Table of contents

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in the event 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 duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definition

In these terms and conditions the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
3. Day: calendar day;
4. Extended duration transaction: a distance contract relating to a series of products and/or services, the obligation to deliver and/or to take delivery of which is spread over time;
5. Durable medium: any means that enables the consumer or the trader to store information addressed to him personally in a manner that makes future consultation and unaltered reproduction of the stored information possible.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model form: the model withdrawal form that the trader makes available and that a consumer can complete when he wishes to exercise his right of withdrawal.
8. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance selling of products and/or services, exclusive use is made of one or more distance communication technologies up to and including the conclusion of the contract;
10. Distance communication technology: a means that can be used for concluding a contract without the consumer and the trader being together in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the trader.

 

Article 2 - Identity of the company

Merkatura B.V.
Docterskampstraat 8

5222 AM 's-Hertogenbosch
Netherlands

T +31850471097
E service@merkatura.nl
KVK 87977877
VAT number NL864465178B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer of the trader and to every distance contract concluded and orders between trader and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be stated, before the distance contract is concluded, that the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, then, contrary to 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 electronically in such a way that it can easily be stored by the consumer on a durable medium. If this is not reasonably possible, it will be stated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or in another manner at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.
5. If one or more provisions of these general terms and conditions are at any time wholly or partly null and void or are annulled, then the contract and these terms and conditions shall remain in force for the remainder and the provision concerned shall be replaced without delay by mutual consultation by a provision that approximates the purport of the original as closely as possible.
6. Situations that are not governed by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
7. Ambiguities about the interpretation or the content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.
   
   

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer is without obligation. The trader is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.
4. All images, specifications data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
5. Images accompanying products are a truthful representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the real colours of the products.
6. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to acceptance of the offer. This concerns in particular:

• the price including taxes;
• any costs of delivery;
• the manner in which the contract will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and performance of the contract;
• the period for acceptance of the offer, or the period within which the trader guarantees the price;
• the level of the tariff for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
• whether the contract is archived after it has been concluded, and if so how it can be consulted by the consumer;
• the manner in which the consumer can check and, if desired, correct the data he has provided in the context of the contract before concluding the contract;
• any other languages in which, in addition to Dutch, the contract can be concluded;
• the codes of conduct to which the trader has subjected himself and the manner in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of an extended duration transaction.

 

Article 5 - The contract

1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions attached to it.
2. If the consumer has accepted the offer electronically, the trader shall without delay confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.
4. The trader may - within statutory frameworks - inform himself as to whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, he is entitled to refuse an order or application with reasons or to attach special conditions to its performance.
5. With the product or service, the trader shall send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

• the visiting address of the trader's establishment where the consumer can go with complaints;
• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
• the information about guarantees and existing after-sales service;
• the data included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this data to the consumer before performance of the contract;
• the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
• In the case of an extended duration transaction, the provision in the previous paragraph applies only to the first delivery.
• Every contract is entered into subject to the condition precedent of sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the possibility of dissolving the contract without giving reasons during 30 days. This cooling-off period commences on the day after receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the trader.
2. During the cooling-off period the consumer shall handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product to the trader with all delivered accessories and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the trader within 30 days of receipt of the product. The consumer must give this notification by means of the model form or by means of another means of communication such as by e-mail. After the consumer has made known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in good time, for example by means of proof of dispatch.
4. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not made known that he wishes to exercise his right of withdrawal or has not returned the product to the trader, the purchase is final.

Upon delivery of services:

1. Upon delivery of services, the consumer has the possibility of dissolving the contract without giving reasons during at least 14 days, commencing on the day the contract is entered into.
2. In order to exercise his right of withdrawal, the consumer shall be guided by the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 - Costs in the event of withdrawal

1. If the consumer exercises his right of withdrawal, at most the costs of returning the goods shall be at his expense.
2. If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than within 14 days after the withdrawal. This is however subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be produced. Refunding will take place via the same payment method that has been used by the consumer, unless the consumer expressly gives permission for a different payment method.
3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any diminished value of the product.
4. The consumer cannot be held liable for diminished value of the product if the trader has not provided all the legally required information about the right of withdrawal; this must be done before the purchase contract is concluded.

 

Article 8 - Exclusion of the right of withdrawal

1. The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:

• that have been produced by the trader in accordance with the consumer's specifications;
• that are clearly personal in nature;
• that by their nature cannot be returned;
• that can spoil or age quickly;
• the price of which is subject to fluctuations on the financial market over which the trader has no influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal;
• for hygienic products of which the consumer has broken the seal.
• exclusion of the right of withdrawal is only possible for services:
• concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
• the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
• concerning betting and lotteries.

 

Article 9 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, the trader may offer products or services with variable prices where the prices are subject to fluctuations on the financial market and over which the trader has no influence. This link to fluctuations and the fact that any prices stated are target prices are stated with the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:

• these are the result of statutory regulations or provisions; or
• the consumer has the power to terminate the contract with effect from the day on which the price increase takes effect.
• The prices stated in the offer of products or services include VAT.
• All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.

 

Article 10 - Conformity and guarantee

1. The trader warrants that the products and/or services comply with the contract, 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 on which the contract was concluded. If agreed, the trader also warrants that the product is suitable for other than normal use.
2. A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.
3. Any defects or products delivered incorrectly must be reported to the trader in writing within 2 months of delivery. The products must be returned in their original packaging and in as-new condition.
4. The trader's guarantee period corresponds to the manufacturer's guarantee period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or the application of the products.
5. The guarantee does not apply if:

• the consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
• the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or have been handled contrary to the instructions of the trader and/or on the packaging;
• the unsoundness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or the quality of the materials used.

 

Article 11 - Delivery and performance

1. The trader shall observe the greatest possible care when receiving and when executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company shall execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 30 days after he placed the order. In that case the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the trader shall refund the amount the consumer has paid as soon as possible, but no later than within 14 days after the dissolution.
6. If delivery of an ordered product proves to be impossible, the trader shall make every effort to make a replacement item available. At the latest upon delivery it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the trader.
7. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

 

Article 12 - Extended duration transactions: duration, termination and extension

Termination

1. The consumer may at any time terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity)  or services, with due observance of the termination rules agreed for that purpose and a notice period of no more than one month.
2. The consumer may at any time terminate a contract that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity)  or services, as at the end of the fixed term, with due observance of the termination rules agreed for that purpose and a notice period of no more than one month.
3. The consumer may, with regard to the contracts referred to in the previous paragraphs:

• terminate them at any time and not be restricted to termination at a specific time or during a specific period;
• terminate them at least in the same manner as they were entered into by him;
• always terminate them with the same notice period as the trader has stipulated for himself.

Extension

1. A contract that has been entered into for a fixed  period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
2. Contrary to the previous paragraph, a contract that has been entered into for a fixed  period  and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months, if the consumer can terminate this extended contract as at the end of the extension with a notice period of no more than one month.
3. A contract that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite term if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. A contract of limited duration for the regular delivery of daily, news and weekly newspapers and magazines by way of introduction (trial or introductory subscription)  is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

1. If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract 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 13 - Payment

1. Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the commencement of the cooling-off period as referred to in article 6 paragraph 1. In the case of a contract for the provision of a service, this period commences after the consumer has received the confirmation of the contract.
2. The consumer has the duty to report inaccuracies in payment details provided or stated to the trader without delay.
3. In the event of default of payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

 

Article 14 - Complaints procedure

1. The trader has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within 2 months after the consumer has established the defects.
3. Complaints submitted to the trader are answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
5. In the event of complaints, a consumer must first turn to the trader. If the online shop is affiliated with Stichting WebwinkelKeur and in the case of complaints that cannot be resolved by mutual consultation, the consumer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is then still not reached, the consumer has the possibility of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, The trader takes part in this dispute settlement procedure. The consumer is always free to submit the dispute to the competent court instead. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee concerned.
6. A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
7. If a complaint is found to be well founded by the trader, the trader will, at its option, either replace or repair the delivered products free of charge.

 

Article 15 - Disputes

1. Dutch law applies to contracts between the trader and the consumer to which these general terms and conditions relate. If you are a consumer and you have your habitual residence in another Member State of the European Union, for example Belgium, this choice of law only applies insofar as you do not thereby lose the protection you derive from provisions of the law of your own country from which no derogation is possible by contract. That mandatory consumer protection continues to apply to you in full alongside this choice of law.
2. The Vienna Sales Convention does not apply.

 

Article 16 - Additional or deviating provisions

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