TERMS AND CONDITIONS
Article 1: Identification of the seller
The retail Site merdunord.com is an e-commerce site accessible via the Internet and open to all Internet users. It is edited by the company Mer du Nord s.a., whose offices are at 3, box 1 Boulevard Louis Schmidt, 1040 Brussels (Belgium), and that is registered with the Crossroads Bank for Enterprises under the number BE 0442.379.485.
Article 2: Object
The object of these general terms of sale is to specify the rights and obligations of the Parties arising from the sale of Products on the Site.
Article 3: Essential characteristics of the Products offered for sale
The essential characteristics of each Product are described in the corresponding pages of the Site’s electronic catalogue. The presentation pictures of the products published on the Site are not contractual and not contractually binding for the Site.
The measurement tables available on the Site present the size of our clothes enable you to determine which size corresponds to your measurements.
The Products covered by these general terms of sale and our delivery service are available for the following countries: Belgium, Luxembourg, the Netherlands, Germany, Great Britain, Ireland, Metropolitan France, Italy and Spain.
Article 4: Detailed description of the price of goods
Subject to the provisions of article 5, the prices specified at the end of the ordering process are the total prices, inclusive of VAT.
Prices are quoted in Euros (€).
Only payments in Euros (€) are accepted.
Payment is due immediately when the order is placed. You must make payment using your Visa, MasterCard/Eurocard credit card or a Bancontact, Maestro card, via Ogone. Orders will be processed once we have received Ogone’s approval in accordance with the procedure described in article 8.
An electronic invoice can be set by the Site. Buyers must specify the email address to which the invoice is to be sent.
Article 5: VAT payment conditions
Unless stipulated otherwise, the prices shown on the Site include Belgian VAT.
Deliveries in Belgium:
Retails customers and companies: the sale price is inclusive of Belgian VAT at the rate of 21%
Deliveries to another European Community member country:
Retail customers: the sale price is inclusive of Belgian VAT at the rate of 21%
Companies: the sale price is exclusive of tax (provided that you provide us with a valid Intra-community VAT number).
Article 6: Delivery charges
Products are delivered to the following countries: Belgium, Luxembourg, the Netherlands, Germany, Great Britain, Ireland, Metropolitan France, Italy and Spain.
Delivery is handled by La Poste for Belgium and by UPS for the other countries.
Delivery is free of charge on all purchases for an amount in excess of 150 Euros. In all other cases, delivery charges are invoiced to the Buyer, as follows:
Belgium: 5 Euros
Export: 30 Euros
Packages are insured by us throughout transport, until the Buyer takes possession of them.
In order to ensure that they are fully secure during transport and reach their destination in perfect condition, all Products are carefully packaged and protected in accordance with applicable standards.
Article 7: Conclusion of the online contract
Users can view the different Products that are offered for sale on the Site.
Users can freely browse the different pages of the Site, without any obligation to place an order.
If Users wish to place an order, they should select the Products that interest them and validate their interest by clicking the “Add to cart” button.
A specific screen display will confirm every new item added to the user’s cart.
Users can, at any time:
- obtain a summary of the Products selected, by clicking “My Cart”
- continue shopping, by clicking “Or, continue shopping”
- checkout, by clicking “Proceed to checkout”
On the order summary page where your data are entered, click “Place order” to confirm your order.
Your order will only be registered once you have confirmed that the data entered are accurate. To confirm your order definitively, click the “Place order” button.
The Site will confirm receipt of the order as soon as possible, by sending an email summarising your purchases. This email will be sent to the email address provided by the Buyer when confirming the order.Buyers are informed of the availability of Products at the time they place their order. If an order cannot be fulfilled, the Site will inform the Buyer as soon as possible. The Site engages itself to fulfill the orders, for as long as the stock permits it. An order will be processed with the possibility for the Site to reject it. An order cannot be fulfilled under certain conditions ; error in pricing, non-payment of previous purchases or in case of too many returns or losses. Article 8: Online payment The Site has opted exclusively to receive credit card payments via the Ogone secure payment system which encrypts all your data relative to the use of the card during the online payment process via the Site. The following cards are accepted on the Site: Visa, MasterCard/Eurocard or Bancontact, Maestro. On the online payment page, you will be asked to enter the number of your bank card, its expiry date, as well as the security code (3-digit number on the back of your bank card). The Site shall incur no liability for consequences of the use (fraudulent or otherwise) of a credit card by third parties, notably in the event of the interception of messages. At the time of payment, Buyers are directed to the Ogone secure site for the complete payment transaction. This system ensures the confidentiality of the payment data (in particular credit card numbers). Accordingly, the Site is unaware at all times of the Buyer’s credit card number: only the financial institution receives these data in encrypted form. The Site receives a certificate issued by Verisign confirming the reality of the existence of Ogone and the use of an SSL certificate for the encryption of confidential data. Once the payment is accepted and confirmed by clicking “verification and execution of payment for your order”, Ogone will proceed with the verification and online execution of the payment. Article 9: Cancellation period In accordance with Belgian law, all Buyers residing in Belgium are entitled to inform the Site of their intention to cancel their purchase, within not more than 14 calendar days after the order is placed. Buyers exercising this option must include a copy of their order or invoice in the returned package. The Site will refund the price of the Product within 30 days, without prejudice to the application of the provisions of article 10. This provision shall apply for all Buyers enjoying the identical protection in their country of residence. If a Buyer exercises this right, the provisions of article 10 shall apply. Article 10: Returns procedure The returns provided for in article 9 above will only be accepted and refunded or exchanged if our sales team confirm that the Product is identical to the one dispatched to the Buyer and has not been damaged, modified or altered in any way. Products will only be exchanged or refunded that are returned in their original packaging and provided that they have neither been washed nor worn. Products that are damaged, soiled, or show signs of use will be returned to their sender. If a Buyer exercises the right of cancellation in accordance with article 9, the first return shall be free of charge provided that it is returned via the same carrier that delivered it. From the second return made by the same Buyer, the costs of return shall be borne by the Buyer. The address for returns is: Mer du Nord s.a. 3, box 1 Boulevard Louis Schmidt 1040 Brussels (Belgium) Returns are made at the Buyer’s own risk and peril if the Buyer uses a carrier other than the one recommended by the Site (Post Office or UPS). Article 11: Delivery of goods The Site will make every reasonable effort to deliver Products promptly. Unless agreed otherwise by the Parties, delivery will be made no later than 30 days from the day after that on which the Buyer’s order is transmitted. Products are delivered to the delivery address indicated by the Buyer at the time the order is placed. The carrier will only deliver a package to the Buyer against presentation of an official ID document and the signature by the Buyer of the delivery document by way of acceptance. The Buyer must check the package and the Product at the time of delivery. If, at the time of delivery, the Buyer observes any visible damage, this must be noted immediately on the delivery document prior to signing by way of acceptance. In any event, any visible or hidden damage must be communicated, by email (customer(at)merdunord.com) and by registered letter [Mer du Nord s.a., 3, box 1 Boulevard Louis Schmidt, 1040 Brussels (Belgium)], within 15 days (including public holidays) after the date of delivery (date as per postmark). No claims will be accepted if they are received after this deadline. Download the document to be transmitted to us. If, due to extraordinary circumstances, the Product has not been received within one month of the date when the order was placed, the Buyer should inform the Seller immediately by email (customer(at)merdunord.com). Article 12: Ownership - Risks Ownership of the Product will only be transferred to the Buyer after the latter has paid the full amount of the purchase price, irrespective of the date of delivery of the said Product. On the other hand, the risks of loss and damage will be transferred to the Buyer immediately upon delivery and receipt of the said Product by the Buyer. The date indicated on the delivery document shall be valid proof of the date of delivery. Article 13: Guarantees Each Product is carefully inspected before dispatch. Buyers must also inspect Products carefully at the time of delivery. Any claims must be submitted in accordance with the provisions of article 11. The Site endeavours to describe and present Products as accurately as possible. However, it is impossible to faithfully reproduce the actual colours of Products on a computer screen. The rendering of colours also depends on the computer equipment used by the customer. Accordingly, the Site shall incur no liability for the reliability of the colours. The documents associated with the Products are therefore provided solely for informational purposes and are not contractually binding. The Site shall accept no claims nor give any guarantee in respect of possible customer dissatisfaction over colour and descriptions. The Site shall in no event be held liable for any delay in the execution of an order or for the non-execution of an order if the delay or non-execution is due to a technical cause or another cause beyond its control. In such a case, the Site shall be entitled to postpone dispatch and delivery as long as is reasonably necessary or simply cancel any such order. No claim may be sent and no guarantee will be given beyond the period stipulated in article 11. The abovementioned guarantees are limited in scope and replace all other guarantees, whether explicit or implicit. Article 14 : Personal data The Site complies with the Belgian law of 8 December 1992 on the processing of personal data for all data processed and collected in Belgium via the Site and contained in the Site’s files. Pursuant to this law, all Users have the right to consult, delete, modify or correct their data, by sending an email or by writing to the Site at the address indicated above. Data collected at the time of ordering are intended solely to be used to improve customer service. The order and the acknowledgement of receipt sent to the Buyer are archived for a period of ten years after the date of delivery of the Products ordered, but are not made available to third parties. The Site undertakes to treat as strictly confidential the data obtained by it in the course of the execution of an order and not to disclose them to any third party either during the execution thereof or after its completion. Article 15 : Intellectual property The Site and all its components are protected by intellectual property rights in force. They are the exclusive property of Mer du Nord s.a. The Site is reserved strictly for personal use. Any reproduction or public communication of the trademarks, texts, pictures or other material posted on the Site is strictly prohibited without the express prior written consent of Mer du Nord s.a. Furthermore, any hypertext link connecting directly to this Site must be expressly authorised in advance by Mer du Nord s.a. Article 16: Proof The computer records stored in the Site’s computer systems under reasonable secure conditions will be considered as proof of communications, orders and payments between the Parties. Article 17 : Acceptance of the general terms and conditions These general terms and conditions apply to all offers, sales, purchases and all other transactions whatsoever between the Parties. Consequently, by calling upon and/or using the services of merdunord.com, placing an order and/or concluding any contract, Users irrevocably acknowledge that they have received a copy of these general terms and conditions, which are enforceable against them, and agree to be bound by them, to the exclusion of any other terms and conditions. The User’s general or special terms and conditions shall never apply unless expressly agreed beforehand in writing by merdunord.com. These general terms and conditions can be consulted on page [page]. If they so wish, Users may download, print and keep a copy of them. These general terms and conditions may change in the future. By continuing to use and visit the Site merdunord.com, Users tacitly accept any such changes. It is their responsibility to check regularly whether the general terms and conditions have been modified and to apprise themselves of new general terms and conditions, if applicable. merdunord.com invites Users to read the general terms and conditions and to accept them by clicking “I ACCEPT” at the end of the said general terms and conditions in order to be able to continue shopping. Otherwise, Users will be unable to proceed to checkout. The failure by Users to consult the general terms and conditions of merdunord.com in their native language shall not exempt them in any way from the application of the said general terms and conditions, which are available in three languages [French/Dutch/English]. Users wishing to make a purchase on the Site, declare that they have full legal capacity to do so. Article 18 : Governing law and jurisdiction These general terms and conditions of sale are governed by Belgian law. The Parties agree that any dispute arising in connection with these general terms and conditions shall be subject to the exclusive jurisdiction of the Courts of Brussels.
Order forms and invoices are stored using a reliable and durable medium that can be produced as proof.