Terms and conditions
Terms and conditions
Merchery SRL (the terms “we”, “us” and “our” refer to Merchery) is a company organized and existing under the laws of Belgium with offices in Brussels registered at the Commercial Registry under the number 0697957659.
Merchery offers its website (https://merchery.co/), including all information, tools and services available from its website to the user (the terms “you” and “your” refer to the user, the client, the prospect), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
3. GENERAL CONDITIONS
Merchery hereby grants the prospect limited permission to use the website as long as Merchery provides the prospect with access, and solely for his/her personal use. For the avoidance of doubt, we are not giving the client/prospect any rights or licenses with respect to any aspect of the website, all rights being held by Merchery.
Merchery reserves the right, in its sole and absolute discretion, to block and/or refuse to allow use of the website by one or more users at any time and for any reason.
The client/prospect agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services and/or of the website, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by Merchery.
4. PROPRIETARY RIGHTS
The client acknowledges and agrees that the website contains proprietary information, content and other materials owned or controlled by Merchery and protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents).
Any use or copying of such information, content and other materials other than for the client’s own personal, non-commercial use, without written permission from Merchery, is strictly prohibited.
The client acknowledges that s/he does not acquire any ownership rights in any intellectual property through his/her use of the website.
5. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Services, the clients are prohibited from using the website or its content: (a) for any unlawful purposes; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. Merchery reserves the right to terminate the clients’ use of the Services or any related website for violating any of the prohibited uses.
6. LIMITATION OF LIABILITY
Merchery SRL shall not be liable for any direct, indirect, incidental, special, or consequential damages, resulting from the use or the inability to use the website or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data, or other intangibles, even if Merchery has been advised of the possibility of such damages. The client expressly understands and agrees that Merchery shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the site; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the service; or (iv) any other matter relating to the website
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Services are effective unless and until terminated by either the client or Merchery. The client may terminate these Terms of Services at any time by notifying Merchery that s/he no longer wishes to use Merchery’s Services, or when s/he ceases using Merchery’s website.
8. FORCE MAJEURE
Merchery's obligations shall lapse or be suspended in the event of an event of force majeure that prevents or delays the performance of Merchery's contractual obligations. An event of force majeure shall be understood to mean any event beyond the control of Merchery which Merchery invokes and from which it could not reasonably have prevented itself. Force majeure events include, but are not limited to, fire, war, general mobilisation, insurrection, requisition, seizure, embargo, pandemic, epidemic, energy restriction and failure or delay in deliveries by subcontractors or suppliers caused by such circumstances, etc. In this hypothesis, no compensation is due and no reimbursement will be due.
9. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
The online catalog may contain references to specific products and services that may no longer be available. Any such reference does not imply or warrant that any such products or services shall be available at any time. Any offer for any product or service made on this website is void where prohibited.
Merchery has made every effort to display as accurately as possible the colors and images of the products that appear at the website. Merchery cannot guarantee that your computer monitor's display of any color will be accurate.
Merchery does not warrant that the quality of any products, services, information, or other materials purchased or obtained by the client/prospect will meet the client/prospect’s expectations, or that any errors in the Service will be corrected.
10. ORDERING PROCESS
While using our website and its Services, the client has the possibility to select the products of interest and sends the request to Merchery. It is our practice to review the Client’s request, prepare the “Quotation”, and provide the client with it.
The Quotation includes, but is not limited to, the products the client has selected, the prices of the products, the shipping fees and any other extra fees.
It is the client’s responsibility to review the Quotation. In case the client accepts the Quotation, then s/he is requested to sign it and to immediately proceed with the payment unless different payment terms have been stipulated or granted by a salesperson.
Once Merchery receives the payment confirmation, the Quotation is to considered as “Sales Order”. Then, it is our practice to provide the client with the “Artwork”. The Artwork can be defined as a document displaying the key information for the customization of the product ordered by the client. Therefore, the Artwork displays information about the product, the customization technique(s), the color(s) of the logo(s), the logo(s) to put on the product and includes explanatory pictures. The Artwork is a document with legal validity. It is the client’s responsibility to review the Artwork in all its contents and to sign it.
Merchery is in charge to start the production process as soon as the payment from the client is received and the client has signed the Artwork.
11. TRANSACTION & PAYMENT INFORMATION
If the client wishes to make a Transaction, the client may be asked to supply certain relevant information, such as his/her credit card number and its expiration date, his/her ****billing address and his/her shipping information ("Payment Information"). By submitting such information, the client grants to Merchery the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. The client agrees to pay all charges incurred by him/her or on his/her behalf through the website, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, the client is responsible for any taxes applicable to his/her Transactions. While it is Merchery’s practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
The client can choose among several payment methods, i.e. bank account, credit card, and debit card. To facilitate payments for the Services via credit card, or debit card, we use Stripe, Inc. and its affiliates, a third-party payment processor.
The client shall pay the fees set forth in the applicable checkout page, order form, or invoice in accordance with the payment terms set forth therein. Unless any other agreed payment terms is granted by a sales person or mentioned on the Offer, the signature of Merchery’s Offer commits the customers to pay immediately the entire order amount (including taxes) before the production of the order can start. Any order will only be effective after payment of the full value of the Offer, including all taxes, unless otherwise stated in that Offer. Merchery shall only be committed to its customers once this condition has been fulfilled.
Overdue payments will be subject to interest at the rate of one and one-half percent (10%) per month, or the maximum allowable under applicable laws, whichever is less, and you will indemnify and hold Merchery harmless from and against any costs incurred in connection with its collection of any fees or interest properly due hereunder.
Merchery also reserves the right, in the event of late payment, to suspend the execution of all or part of its obligations. If the customer does not pay the outstanding invoices within one (1) week, despite having been given notice of default by an official email, Merchery shall terminate the Agreement and shall be entitled to claim damages for the loss suffered as a result of the wrongful termination of the Agreement by the customer.
The Logistics part of these Terms and Conditions should only be considered in the context of our Merchery Logistics Service. Merchery Logistics is, but not limited to, a Service that allows our customers to store their products with us in our partner’s warehouse and send them whenever and wherever they want.
In that matter, Merchery or its agents may hold some or all of the client’s purchased products in Inventory upon his/her purchase and before delivery of such items to the carrier (“Logistics”), subject to the terms of this Agreement and his/her payment of all additional charges. Merchery’s obligations regarding products held in inventory will be limited to a duty to exercise reasonable care in handling and storing of such products. The client agrees that Merchery may ship products held in inventory to him/her or his/her designee(s) upon his/her request and at his/her expense. Merchery will ship products held in inventory upon payment of any and all additional charges required by Merchery, including, without limitation, additional charges for shipment and/or customs.
Merchery is reponsible for all the products held in inventory. However, the client agrees to accept all liability for any and all additional charges that may apply, e.g. storage fees and picking-packing fees. In the event that the client requests shipment(s) of products held in inventory and subsequently cancels a portion or all of such request(s), the client will be liable for any and all applicable cancellation, restocking and similar charges imposed by Merchery or its partners.
In case the client desires to terminate the Merchery Logistics Service, s/he has to request the end of the service via email to Merchery. Merchery will not accept termination requests provided by means different from email.
13. DELIVERY & RISK OF LOSS GENERAL CONDITIONS
Goods delivered by Merchery shall comply with the specifications and other descriptions contained in the Sales Order and with drawings and samples previously provided and approved by the customer or the third party on whose behalf the customer is acting.
Delivers are usually made by INCOTERM CCI 2010 DAP (Delivered At Place). However, it is Merchery’s practice to ask the client’s approval for deliveries made by DDP (Delivery Duty Paid) given the fact this mode results to be faster and to reduce the issues probability. DDP mode applies only for destinations outside the European Union. In case the client agrees Merchery to send in DDP mode, the fees resulting from it will be estimated and invoiced to the client.
Merchery’s quoted delivery schedule represents its best estimate and is based on current schedules and workload. The client/prospect agrees to pay all charges incurred by him/her or on his/her behalf through the website, at the prices in effect when such charges are incurred, including all shipping and handling charges.
Any delivery date(s) is(are) approximate and subject to scheduling changes. Merchery is not liable for any loss or expense, whether by contract or tort, incurred by the client resulting from failure to meet the estimated delivery date. Partial deliveries shall be permitted.
Title to and all risk of loss of or damage to the goods shall pass to and be assumed by the client when delivered to the carrier. The client is responsible for all transportation charges. If goods are lost or damaged in transit, Merchery will do its best to follow up with the proper carrier(s) by filling timely and proper claims against carrier(s). In case it appears that the carrier is responsible of the loss or damage, a compensation will be offered to the client. However, Merchery cannot be held responsible in case the package was not delivered and is lost or returned to the shipper due to the absence of the recipient or the non collection of the package at the relay point. In case a package is returned to the sender, due to additional costs incurred, the costs for a new shipment will be charged to the client.
Moreover, Merchery does not consider it its responsibility if the customer does not receive the package due to the communication of a wrong address or because s/he would like to change the address when the package is already in transit. Merchery considers the customer responsible.
When it comes to customs, Merchery provides the client the best support possible to fill the documentation and fulfill the requirements if the client desires to export Merchery’s products to a country outside the European Union for which Merchery is not used to delivering to and to providing the documents required to do so. However, Merchery cannot be considered liable for the exports and Merchery will not pay the costs and fees associated with eventual re-shipping of the goods to these countries.
14. TAX & TAX EXEMPTIONS
The prices are exclusive of any taxes (including, without limitation, sales, use, value added, goods and services, business, property (real or personal, tangible or intangible), license, documentation, registration, import, export, excise, franchise, stamp, or other tax), custom fees or tolls, levy, impost, withholding, fee, duty or other charge of any nature imposed by any governmental authority or other tax authority in any jurisdiction, and any and all fines, penalties, additions to taxes, interests and other charges relating thereto (collectively, “Taxes”).
Merchery may be required by law to collect sales and similar taxes on products it sells. All Taxes shall be paid by the customer in addition to the price. If the client believes s/he qualifies for a tax exemption, s/he may submit a valid tax exemption certificate. If a valid exemption certificate is received and processed before the order is shipped, the tax will be adjusted based on the certificate. Otherwise, Merchery will not be able to honor an exemption. Merchery must have received and approved the client’s exemption certificate prior to shipment of any products for which the exemption is claimed by the client. Merchery cannot issue refunds for taxes collected once the products are shipped.
15. RETURN POLICY
This Policy considers four cases. In the case (a), the client/prospect receives damaged products caused by the delivery. In the case (b), the client/prospect receives products with defects in the manufacturing. In the case (c), the client/prospect receives products with faults/errors in the customization. In case (d), the client/prospect wants the products to be additionally processed by Merchery and no damages, defects or errors have been detached. The Return Policy does not apply to any cases related to Samples.
Case (a), case (b), case (c), and case (d) require the client/prospect to appeal to the Return Policy after 10 days of receiving the products, with the delivery date communicated by the carrier to Merchery considered as day-zero to count the 10 days to appeal to the Return Policy. Merchery does not apply the Return Policy to any request made after 10 days from the delivery of the products.
Case (a), case (b), case (c) and case (d) require the client/prospect to appeal to the Return Policy throughout an email to Merchery. Nevertheless, this can be discussed during a phone call. However, only requests sent to Merchery by email can be considered valid for this Return Policy. It is not Merchery’s responsibility if a return request sent by the client/prospect throughout email is not received and consequently not processed by Merchery. The client will received an official document by Merchery and the client should consider that document as the final decision upon the request.
The client/prospect is allowed to ask for the Return Policy to be applied only one (1) time per product.
Merchery has the responsibility to verify the products satisfy the mentioned conditions. In that matter, the client must return the items concerned by the reclamation to Merchery that will be reviewed and controlled. If the conditions are respected, the Return Policy will be approved and processed and the client will be notified by email. If the conditions are not respected, the client/prospect will be notified by email as well.
In all cases, to be returned, the products must be unused, be in the original packaging and have the labels, the optional plastic protective envelope and potential additional accessories.
When case (a), (b), and (c) apply, with faults/errors mentioned in case (c) due only to Merchery’s fault, the client is recognized the possibility to choose one (1) of the options listed below for the compensation. The client accepts the conditions related to the option s/he chooses.
i. Only the products with damages or faults/errors are replaced with new and newly customized products. This applies only in the case the total amount of products to replace is above the minimum order quantity required for customization. The fees and other costs due to the new products produced and shipped to the client will be supported by Merchery.
ii. A reimbursement is granted to the client. The amount of the reimbursement equals the price the client payed for the products with damages or faults/errors only. This option can be chosen by the client provided that the reimbursement amount is equal or higher than €500.
iii. A credit to use in the next order is granted to the client. The amount of the credit equals the price the client payed for the products with damages or faults/errors only. This is the option Merchery appreciates the most and therefore suggests to its clients.
When those cases apply, the fees and other costs due to the products shipped from the client to Merchery are invoiced to Merchery.
In case an error has been made and Merchery recognizes the responsibility of it, the client may decide to get the items back with delivery covered by Merchery. In case the client does not want to get the products back, Merchery has the right to decide upon these products, with one possibility being to donate them to charity associations with the client’s consent.
When case (c) applies due to the client’s fault and the whole production is therefore wrong, the client is recognized the possibility to choose one (1) of the options listed below for both the products’ ownership and the compensation. The client accepts the conditions related to each of the options s/he chooses.
Regarding the products’ ownership, the options are:
i. All the products are returned to Merchery, which has the right to decide upon these products, with one possibility being to donate them to charity associations with the client’s consent. The fees and other costs due to the products shipped from the client to Merchery are invoiced to the client.
ii. all the products are kept by the client and used as the client prefers.
Regarding the compensation, the options are:
i. All the products are replaced with new and newly customized products. All the fees and other costs due to the new products’ customization and shipping to the client are invoiced to the client.
ii. The products are not replaced with new and newly customized products.
16. RETENTION OF TITLE
Merchery retains ownership of the goods until full payment of the price and its accessories (possible costs, interests and penalties). The customer shall nevertheless be solely liable for the loss, theft or destruction, even by fortuitous event or force majeure, of the goods from the date of delivery.
17. THIRD-PARTY SERVICES AND WEBSITES
Certain contents, products and services available via our Services may include materials from third-parties. Third-party links on this website may direct the client to third-party websites that are not affiliated with Merchery. Merchery is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
18. ERRORS AND OMISSIONS
Merchery is not responsible if information made available on its website is not accurate, complete or current. The material on the website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the materials on this website is at the clients’ own risk.
Merchery reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information is inaccurate at any time without prior notice.
19. PERSONAL INFORMATION
20. APPLICABLE LAW
21. CONTACT INFORMATION
Questions about the Terms of Services should be sent to [email protected]
LAST UPDATED: January, 6th 2023