General Terms & Conditions & Privacy Policy

Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

  • Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
  • Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
  • Day: Calendar day.
  • Long-term transaction: A distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
  • Durable data carrier: Any means that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that future consultation and unaltered reproduction of the stored information is possible.
  • Right of withdrawal: The possibility for the consumer to waive 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: An agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used.
  • Technology for distance communication: Means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.
  • General Terms and Conditions: These General Terms and Conditions of the entrepreneur.


Article 2 – Identity of the entrepreneur

  • Company name: KebAgency
  • Business address: Vijfmorgenstraat 92
  • Email: info@mercuza.com
  • KVK-number: 88609138
  • VAT identification number: NL004637089B37


Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge to the consumer as soon as possible at the consumer's request.

If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier before the distance contract is concluded. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly and the consumer can always rely on the applicable provision that is most favorable to them in case of conflicting terms and conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and these terms and conditions will otherwise remain in effect and the relevant provision will be replaced by mutual agreement without delay by a provision that approximates the original as closely as possible.

Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.

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

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

All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

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

  • The price, excluding clearance and import VAT costs. These additional costs will be the responsibility of the customer. The post and/or courier service will use the special arrangement for postal and courier services regarding import. This arrangement applies if the goods are imported into the destination EU country, which is the case here. The post and/or courier service collects VAT (possibly together with the charged clearance costs) from the recipient of the goods.
  • The potential costs of shipping.
  • The way in which the agreement will be concluded and what actions are required.
  • Whether or not the right of withdrawal applies.
  • The method of payment, delivery, and performance of the agreement.
  • The period for accepting the offer, or the period within which the entrepreneur guarantees the price.
  • The rate for distance communication if the costs for using the technology for distance communication are calculated on a basis other than the regular basic rate for the used communication medium.
  • Whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer.
  • The way in which the consumer can check the information provided under the agreement and correct it if necessary before concluding the agreement.
  • The possible languages, besides Dutch, in which the agreement can be concluded.
  • The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically.
  • The minimum duration of the distance contract in the case of a long-term transaction.
  • Optional: available sizes, colors, type of materials.


Article 5 – The agreement
The agreement, subject to the provisions in paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can, within legal frameworks, inform himself whether the consumer can fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons, based on this investigation, not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

  1. The visiting address of the entrepreneur's business where the consumer can address complaints.
  2. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
  3. The information about guarantees and existing after-purchase service.
  4. The information included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.
  5. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.


In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a pre-designated representative made known to the entrepreneur.

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wants to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original state and packaging to the entrepreneur, according to the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must communicate this in writing or by email. After the consumer has expressed his wish to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

If the customer has not expressed his wish to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or the product has not been returned to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs for returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs

2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  1. That have been created by the entrepreneur in accordance with the consumer's specifications.
  2. That are clearly personal in nature.
  3. That cannot be returned due to their nature.
  4. That spoil or age quickly.
  5. Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
  6. For individual newspapers and magazines.
  7. For audio and video recordings and computer software where the consumer has broken the seal.
  8. For hygienic products where the consumer has broken the seal.


Exclusion of the right of withdrawal is only possible for services:

  1. Regarding accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period.
  2. Whose delivery with the express consent of the consumer started before the reflection period has expired.
  3. Regarding betting and lotteries.


Article 9 – The price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices stated are target prices, are mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

  1. They are the result of statutory regulations or provisions; or
  2. The consumer has the authority to terminate the agreement with effect from the day the price increase takes effect.


The place of delivery is based on Article 5, first paragraph, of the Dutch Turnover Tax Act 1968, in the country where the transport starts. In this case, this delivery takes place outside the EU. As a result, import VAT and/or clearance costs will be collected from the recipient by the post or courier service. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period.

The entrepreneur 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 application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or altered the delivered products himself or had them repaired and/or altered by third parties.
  • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or packaging.
  • The defectiveness is wholly or partially the result of government regulations regarding the nature or quality of the materials used.


Article 11 – Delivery and execution
The entrepreneur will take the utmost care in receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order.

In that case, the consumer has the right to dissolve the agreement without costs and the right to possible compensation.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement article available. At the latest, upon delivery, it will be clearly and understandably reported that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are at the entrepreneur's expense.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur unless expressly agreed otherwise.

Article 12 – Long-term transactions: duration, termination, and extension

Termination

The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer can:

  • Terminate the agreements referred to in the previous paragraphs at any time and not be limited to termination at a specific time or during a specific period.
  • At least terminate in the same way as they entered into the agreement.
  • Always terminate with the same notice period as the entrepreneur has stipulated for himself.


Extension

A fixed-term agreement for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

In deviation from the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed term of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A limited-term agreement for the regular introduction and delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month unless the reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer has the duty to report inaccuracies in the provided or stated payment details to the entrepreneur without delay.

In case of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the consumer the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.


Privacy Policy

Privacy Policy Mercuza
Version 0.1
This page was last modified on 21-02-2024.

We are aware that you place your trust in us. Therefore, we see it as our responsibility to protect your privacy. On this page, we will let you know what data we collect when you use our website, why we collect this data, and how we use it to improve your user experience. This way, you will understand exactly how we work.

This privacy policy applies to the services of Mercuza. You should be aware that Mercuza is not responsible for the privacy policies of other sites and sources. By using this website, you indicate that you accept the privacy policy. Mercuza respects the privacy of all users of its site and ensures that the personal information you provide is treated confidentially


Our use of collected data

Use of our services
When you sign up for one of our services, we ask you to provide personal data. This data is used to perform the service. The data is stored on Mercuza's own secure servers or those of a third party. We will not combine this data with other personal data we have.

Communication
When you send us email or other messages, we may retain those messages. Sometimes we will ask for your personal data relevant to the situation. This allows us to process your questions and respond to your requests. The data is stored on Mercuza's own secure servers or those of a third party. We will not combine this data with other personal data we have.

Cookies
We collect data for research to gain a better understanding of our customers so that we can tailor our services accordingly.
This website uses "cookies" (text files placed on your computer) to help the website analyze how users use the site. The information generated by the cookie about your use of the website may be transmitted to Mercuza's own secure servers or those of a third party. We use this information to track how you use the website, compile reports on website activity, and provide other services related to website activity and internet usage.

Purposes
We do not collect or use information for purposes other than those described in this privacy policy unless we have obtained your consent in advance.

Third parties
The information is not shared with third parties except for web applications that we use for our web store. This data will only be used for the purpose of the relevant application and will not be further distributed. In some cases, the information may be shared internally. Our employees are obliged to respect the confidentiality of your data.

Changes
This privacy statement is tailored to the use of and the possibilities on this site. Any adjustments and/or changes to this site may lead to changes in this privacy statement. Therefore, it is advisable to regularly consult this privacy statement.

Choices for personal data
We offer all visitors the opportunity to view, change, or delete all personal information currently provided to us.

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Questions and feedback
We regularly check whether we comply with this privacy policy. If you have any questions about this privacy policy, please contact us at info@mercuza.com.