Terms of service

TERMS AND CONDITIONS

Welcome to mercibeaucoupp.eu

The terms “we”, “us” and “our” refer to:

mercibeaucoupp.eu

mercibeaucoupp.eu operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience (the “Services”). mercibeaucoupp.eu is powered by Shopify, enabling us to provide the Services to you. Geplakte tekst

The following Terms and Conditions, including all policies referred to herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

IDENTITY OF THE BUSINESS

Trading name: mercibeaucoupp.eu
Business address: Thijs Woltgensstraat 31, 6462TC Kerkrade, the Netherlands
Return address: Thijs Woltgensstraat 31, 6462TC Kerkrade, the Netherlands
Email address: info@mercibeaucoupp.eu
Telephone number: +31 6 11 09 36 17
Dutch Chamber of Commerce (KvK) number: 87191377
VAT identification number: NL004371430B15

Please read these Terms of Service carefully. They contain important information about your legal rights and cover matters including disclaimers and limitations of liability.

By accessing, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you may not access or use our Services.

ARTICLE 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are of legal age under the laws of the state or province in which you reside and that you have given us permission to allow any minor members of your household to use the Services on devices that you own, purchase or manage.

To use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and billing, payment and shipping information.

You represent and warrant that all information you provide in our stores is accurate, current and complete and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account login credentials and for all activity that occurs under your account. You may not transfer, sell, assign or license your account to another person.

ARTICLE 2 – OUR PRODUCTS

We endeavour to provide the most accurate possible descriptions of our products and services in our online stores. However, please note that the colours and appearance of products may differ from how they appear on your screen. This may depend on the type of device you use to access the store and the settings and configuration of that device.

Products supplied must comply with the agreement and applicable statutory conformity requirements. Minor colour differences caused by screen settings do not automatically constitute a defect, provided that the product otherwise complies with the agreement.

All product descriptions may be changed at any time and without prior notice at our discretion. We reserve the right to discontinue the sale of any product at any time and may, on a case-by-case basis, limit the quantities of products we offer per person, geographic region or jurisdiction.

ARTICLE 3 – ORDERS

When you place an order, you make an offer to purchase. The agreement is concluded once we electronically confirm the order, unless we are entitled to refuse the offer on reasonable grounds.

We confirm receipt and provide the information required by law in a form that the consumer can retain.

Please check your order carefully before submitting it. Any cancellation or withdrawal will be handled in accordance with the statutory right of withdrawal and Article 5A.

If we do not accept, modify or cancel an order, we will contact you as soon as reasonably possible using the details provided during checkout and refund any amounts already received.

Purchases may only be returned or exchanged in accordance with our Refund Policy.

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

ARTICLE 4 – PRICES AND BILLING

Prices, discounts and promotions may be changed without prior notice. The price charged for a product or service is the price applicable at the time you place your order. This price will be stated in the confirmation email you receive after placing your order.

All consumer prices include VAT and other taxes unless expressly stated otherwise. Any shipping costs and other additional charges will be clearly stated before the agreement is concluded. Consumers will not subsequently be charged costs that were not disclosed before the order was placed.

Prices displayed in our online stores may differ from prices in physical stores or online stores or other shops operated by third parties.

From time to time, we may offer promotions relating to the Services that may affect pricing and which may be subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and credit card expiry dates, when they change so that we can complete your transactions and contact you when necessary.

You represent and warrant that (i) the credit card information you provide is true, correct and complete; (ii) you are authorised to use the credit card for purchases; (iii) your charges will be honoured by your credit card company; and (iv) you will pay the charges incurred at the displayed prices, including shipping charges, handling charges and all applicable taxes, where applicable.

ARTICLE 5 – SHIPPING AND DELIVERY

We exercise the greatest possible care when accepting and fulfilling orders. We deliver orders to the agreed address and within the agreed delivery period.

If no delivery period has been agreed, we will deliver no later than 30 days after the agreement has been concluded, unless another period has been agreed.

If delivery is delayed or an order cannot be fulfilled, or can only be partially fulfilled, the consumer will be informed as soon as possible. In such circumstances, the consumer has the rights granted by law, including, where applicable, the right to terminate the agreement without charge. Following termination, we will promptly refund any amounts already paid.

The risk of damage to or loss of products remains with us until the product has been received by the consumer or by a third party designated in advance by the consumer who is not the carrier, unless expressly agreed otherwise.

ARTICLE 5A – RIGHT OF WITHDRAWAL

Supply of products

1. The consumer may withdraw from an agreement relating to the purchase of a product within a 30-day cooling-off period without giving any reason. This period begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, receives the product.

Where multiple products from one order are delivered separately, the cooling-off period begins on the day after receipt of the final product or shipment.

2. During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning, as would also be permitted in a physical shop.

3. The consumer must clearly notify us within the 30-day cooling-off period that they wish to exercise their right of withdrawal. This can be done using the model withdrawal form, by email to info@mercibeaucoupp.eu, via the visible online “Cancel purchase” function on the website, or by another unequivocal statement.

Use of the model withdrawal form is not mandatory. When a withdrawal notification is submitted electronically, we will promptly send an acknowledgement of receipt, for example by email.

4. After notifying us of the withdrawal, the consumer must return the product without undue delay and no later than 14 days after giving notice, to the return address stated above, unless we offer to collect the product ourselves.

The consumer has complied with the deadline if the product is sent before the 14-day period has expired. If requested, the consumer must be able to demonstrate that the product was returned on time, for example by providing proof of postage.

Supply of services

5. For an agreement concerning the provision of services, the consumer may withdraw from the agreement without giving any reason within 30 days after the day on which the agreement was concluded.

6. If performance of a service begins during the cooling-off period at the consumer’s express request and the consumer subsequently withdraws, the consumer is only required to pay a proportionate amount for the part of the service already performed, provided that the statutory information and consent requirements have been met.

The right of withdrawal only expires once the service has been fully performed if performance began with the consumer’s prior express consent and the consumer acknowledged that they would lose their right of withdrawal once the agreement had been fully performed.

Costs and refunds following withdrawal

7. The consumer bears only the direct cost of returning the product, provided that this was clearly communicated before the agreement was concluded.

If, due to its nature, a product cannot normally be returned by post, we will provide an estimate of these costs in advance.

8. We will refund all payments received from the consumer, including the cost of the least expensive standard delivery method offered by us for the full order.

If the consumer chose a more expensive delivery method, we are not required to refund the additional cost.

In the event of a partial withdrawal, the original delivery costs do not have to be refunded if those costs would also have been payable without the returned product.

9. We will issue the refund without undue delay and no later than 14 days after the day on which the consumer informs us of the withdrawal.

We will use the same means of payment that the consumer used for the original transaction unless the consumer expressly agrees to another method that does not incur additional costs.

For products, we may withhold the refund until we have received the product or until the consumer provides evidence that the product has been returned, whichever occurs first.

10. The consumer is only liable for any reduction in the value of the product resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the product.

The consumer is not liable for any reduction in value if, before the agreement was concluded, we failed to provide all legally required information concerning the right of withdrawal.

Exclusions from the right of withdrawal

11. The right of withdrawal may only be excluded in cases permitted by law and where this has been clearly stated in the offer before the agreement was concluded.

This may include, among other things:

• products made to the consumer’s specifications that are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or products that are clearly personalised;
• products that are liable to deteriorate or expire rapidly;
• sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
• audio or video recordings and computer software where the seal has been broken after delivery;
• individual newspapers and magazines, with the exception of subscriptions;
• products or services whose price is dependent on fluctuations in the financial market over which we have no control;
• accommodation other than for residential purposes, transport of goods, car rental services, catering or leisure services where a specific date or period of performance has been agreed;
• fully performed services, only where performance began with the consumer’s prior express consent and the consumer acknowledged that they would lose their right of withdrawal once the agreement had been fully performed;
• digital content not supplied on a tangible medium, only where supply began with the consumer’s prior express consent and after the consumer acknowledged that they would lose their right of withdrawal.

ARTICLE 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by mercibeaucoupp.eu, its affiliates or licensors and are protected by applicable patent, copyright and intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial purposes.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material within the Services without our prior written consent.

Except as expressly provided in these Terms, nothing in these Terms grants you any licence or other rights under any patent, trademark, copyright or other intellectual property belonging to mercibeaucoupp.eu, Shopify or any third party.

Unauthorised use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted in these Terms are reserved by mercibeaucoupp.eu.

The names, logos, product names, service names, design elements and slogans of mercibeaucoupp.eu are trademarks of mercibeaucoupp.eu or its affiliates or licensors. You may not use such trademarks without the prior written permission of mercibeaucoupp.eu.

The Shopify name, logo, product names, service names, design elements and slogans are trademarks of Shopify. All other names, logos, product names, service names, design elements and slogans within the Services are trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS

You may be given access to customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control over or input into them.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement.

We will not be liable for any harm or damages arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features will also be deemed part of the Services and will be subject to these Terms of Service.

ARTICLE 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any harm or adverse consequences related to your visit to third-party websites or your purchase or use of products, services, resources or content on third-party websites.

Please carefully review the third party’s policies and practices and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY

mercibeaucoupp.eu uses Shopify to enable us to provide the Services to you. However, all sales and purchases made through our store are conducted directly with mercibeaucoupp.eu.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and mercibeaucoupp.eu, including any injury, damage or loss resulting from products or services purchased.

You expressly release Shopify and its affiliates from all claims, damages and liabilities that may arise from or relate to your purchases from and transactions with mercibeaucoupp.eu.

ARTICLE 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you confirm that you have read the applicable Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services is transferred to and shared with Shopify, as well as with third parties that may be located in countries other than the country in which you reside, so that they can provide services to you.

Please refer to our Privacy Policy for more information about how we, Shopify and our partners use your personal information.

ARTICLE 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial purposes.

We may use our rights under this licence, for example, to operate, provide, evaluate, improve and promote the Services and to fulfil our obligations and exercise our rights under these Terms of Service.

You further represent and warrant that (i) you own all Feedback or have all necessary rights to it; (ii) you have disclosed any compensation or incentives you received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms.

We are under no obligation, now or in the future, to (1) maintain your Feedback in confidence, (2) pay compensation for your Feedback, or (3) respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could in any way affect the operation of the Services or related websites.

You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of any Feedback.

You are solely responsible for any Feedback you submit and for its accuracy. We accept no responsibility and assume no liability for Feedback posted by you or any third party.

ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information may be provided in or through the Services that contains typographical errors, inaccuracies or omissions. This information may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information.

We may also cancel orders if relevant information is inaccurate, at any time and without prior notice, including after you have submitted your order.

ARTICLE 13 – PROHIBITED USES

You may use the Services only for lawful purposes.

You may not, directly or indirectly, access or use the Services:

(a) for unlawful or harmful activities;
(b) to violate international, national, federal, provincial or local laws, regulations or ordinances;
(c) to infringe our intellectual property rights or those of others;
(d) to harass, abuse, insult, harm, defame, disparage or intimidate our employees or any other person;
(e) to submit false or misleading information;
(f) to knowingly transmit, receive, upload, download, use or reuse material that does not comply with these Terms;
(g) to transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam or similar methods;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in any other conduct that restricts or inhibits another person’s use of the Services or which, as determined by us, may harm mercibeaucoupp.eu, Shopify or users of the Services or expose them to liability.

In addition, you agree not to:

(a) upload or transmit viruses or other types of malicious code that affect or may affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services;
(c) collect or track the personal information of others;
(d) engage in spam, phishing, pharming, pretexting, spidering, crawling or scraping; or
(e) interfere with or circumvent the security features of the Services, related websites, other websites or the internet.

We reserve the right to suspend, disable or terminate your account at any time and without prior notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 – TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, at our discretion at any time and without prior notice.

You remain liable for all amounts due up to and including the date of termination.

The following provisions will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions which by their nature should survive termination.

ARTICLE 15 – DISCLAIMER OF WARRANTIES

Nothing in these Terms limits the statutory rights of consumers, including the right to receive a conforming product and statutory warranty rights. If a product does not conform to the agreement, the consumer may rely on the remedies available under applicable law.

The information provided on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of this information.

Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other visitors to the Services or anyone else who may be informed of its contents.

UNLESS EXPRESSLY STATED BY mercibeaucoupp.eu, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES. THE ABOVE DISCLAIMER MAY THEREFORE NOT APPLY TO YOU.

ARTICLE 16 – LIMITATION OF LIABILITY

The limitations of liability below apply only to the extent permitted by law and do not affect mandatory consumer rights.

Liability cannot be excluded for damage caused by intentional misconduct or deliberate recklessness, nor where exclusion would be unacceptable under applicable standards of reasonableness and fairness.

TO THE EXTENT PERMITTED BY LAW, mercibeaucoupp.eu, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, WILL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or products purchased through the Services, or any other claim in any way related to your use of the Services or any product.

This includes, without limitation, errors or omissions in content or any loss or damage of any kind incurred as a result of using the Services or any content or product posted, transmitted or otherwise made available through the Services, even if you have been advised of the possibility of such damage.

ARTICLE 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless mercibeaucoupp.eu, Shopify and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors and service providers from and against all costs relating to losses, damages, liabilities or claims, including reasonable legal fees, payable to a third party as a result of or arising from:

1. your breach of these Terms of Service or documents incorporated by reference;
2. your violation of any law or the rights of a third party; or
3. your access to and use of the Services.

We will notify you of any claim giving rise to a right of indemnification. Failure to provide timely notice will not release you from your obligations unless you are materially prejudiced as a result.

We may control the defence and settlement of such a claim at your expense, including the appointment of legal counsel, but we will not settle any claim imposing non-monetary obligations on you without your consent, which may not be unreasonably withheld.

You must cooperate in the defence of claims subject to indemnification, including by providing relevant documents.

ARTICLE 18 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nevertheless remain enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be deemed severed from these Terms of Service. Such determination will not affect the validity and enforceability of the remaining provisions.

ARTICLE 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision relating to these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services.

These Terms supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, without limitation, previous versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

ARTICLE 20 – ASSIGNMENT

You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms to another person without our prior written consent. Any attempt to do so will be void.

We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

ARTICLE 21 – GOVERNING LAW

These Terms of Service and agreements between mercibeaucoupp.eu and the consumer are governed by Dutch law.

This choice of law does not deprive a consumer residing in another EU country of the protection afforded by mandatory provisions of the law of their country of residence.

Disputes will be submitted to the court having jurisdiction under applicable law unless the parties use the complaints or dispute resolution procedure described below.

ARTICLE 22 – HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 22A – COMPLAINTS PROCEDURE AND WEBWINKELKEUR

Complaints concerning the performance of the agreement must be submitted to info@mercibeaucoupp.eu within a reasonable period after the consumer has discovered the issue and must be described fully and clearly.

We will respond to submitted complaints within 14 days of receipt. If a complaint is expected to require a longer processing period, we will send an acknowledgement of receipt within 14 days, together with an indication of when the consumer can expect a substantive response.

In the event of a complaint, the consumer should first contact the business.

If the online store is affiliated with WebwinkelKeur and a complaint cannot be resolved by mutual agreement, the consumer may contact WebwinkelKeur, which will provide mediation free of charge.

The consumer may verify whether the online store has a current WebwinkelKeur membership through the WebwinkelKeur member register.

If no resolution is reached, the consumer may have the complaint considered by the independent disputes committee appointed by WebwinkelKeur. The committee’s decision is binding, and both the business and the consumer agree to be bound by that decision.

Submitting a dispute to this disputes committee may involve costs, which must be paid by the consumer to the relevant committee.

ARTICLE 23 – CHANGES TO THE TERMS OF SERVICE

You can review the most current version of these Terms of Service on this page at any time.

We reserve the right, at our discretion, to update, modify or replace any part of these Terms of Service. Updates and changes will be posted on our website.

It is your responsibility to check our website regularly for changes.

We will notify you of material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice.

If you continue to access or use the Services after changes to these Terms of Service have been made, this constitutes your acceptance of those changes.

ARTICLE 24 – CONTACT DETAILS

Questions regarding these Terms of Service should be directed to us at:

Email: info@mercibeaucoupp.eu

Address:
Thijs Woltgensstraat 31
6462TC Kerkrade
The Netherlands

WhatsApp: +31 6 11 09 36 17

Customer service:
Monday to Friday, 09:00–17:00 (CET)
Response time: within 12 hours.