General 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 make use of their right of withdrawal.

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.

Day: calendar day.

Duration transaction: a distance contract concerning a series of products and/or services, the supply and/or purchasing obligation of which is spread over time.

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation and unchanged reproduction of the stored information.

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: a contract concluded within the framework of an organized system for distance selling of products and/or services by the entrepreneur, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication.

Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being in the same place at the same time.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Corporate name: EMK Media 
Chamber of Commerce (KvK) number:90005597
Trade name: MERCER ARCHIVE
VAT number: NL004153116B09
Customer service (e-mail):info@mercerarchive.com
Registered address: Bernadettestraat 44, Helmond (The Netherlands)

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the 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 inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, strictly by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be taken note of electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and the other provisions of these terms and conditions shall remain in full force and the relevant provision shall be replaced by mutual agreement with a provision that approaches the scope of the original provision as closely as possible.

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

Ambiguities regarding the explanation or content of one or more provisions of these general terms and conditions must also be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The Offer

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

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

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

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products are a true representation of the offered products. However, 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 the acceptance of the offer. This concerns in particular:

• the price, excluding clearance costs and import VAT. These additional costs will be for the customer's account and risk. The postal and/or courier service will apply the special regulation for postal and courier services with regard to imports regarding the import into the EU country of destination. The postal and/or courier service collects the VAT (whether or not together with the clearance costs) from the recipient of the goods;

• any shipping costs;

• the way in which the contract will be concluded and which actions are necessary for this;

• whether or not the right of withdrawal applies;

• the method of payment, delivery, and execution of the agreement;

• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

• the height of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the communication means used;

• whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;

• the way in which the consumer, before concluding the agreement, can check and if desired restore the data provided by them in the context of the agreement;

• any other languages in which, in addition to Dutch, 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; and

• the minimum duration of the distance contract in the event of a duration transaction.

• Optional: available sizes, colors, type of materials.

Article 5 – The Agreement

Subject to the provisions of paragraph 4 of this article, the agreement is concluded at the moment the consumer accepts the offer and fulfills the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may 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 will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may – within statutory frameworks – inform themselves whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, 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 it can be stored by the consumer in an accessible manner on a durable medium:

• the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;

• the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

• information on guarantees and existing after-sales service;

• the information included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;

• 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 duration transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition 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 a period of 30 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they make use of their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of their right of withdrawal, they are obliged to make this known to the entrepreneur within 30 days after receipt of the product. The consumer must make this known by means of a written message/e-mail. After the consumer has indicated that they wish to make use of their right of withdrawal, the consumer must return the product within 30 days. The consumer must prove that the goods have been returned on time to the place of origin. This may also be directly to our supplier in China. The consumer can, for example, provide a proof of shipment.

If the consumer has not made it known that they wish to make use of their right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer makes use of their right of withdrawal, the costs of returning the products are entirely for the account of the consumer. The consumer must take into account that the return shipment may be to the country of origin, i.e., our supplier in China.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return can be submitted.

Article 8 – Exclusion of 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 time for the conclusion of the agreement.

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

• that have been created by the entrepreneur in accordance with the consumer's specifications;

• that are clearly personal in nature;

• that cannot be returned due to their nature;

• that can spoil or age quickly;

• whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;

• for individual newspapers and magazines;

• for audio and video recordings and computer software of which the consumer has broken the seal;

• for hygienic products of which the consumer has broken the seal.

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

• concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;

• the delivery of which has commenced with the explicit consent of the consumer before the cooling-off period has expired;

• concerning betting and lotteries.

Article 9 – The Price

During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of 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 mentioned prices are target prices will be stated in the offer.

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

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

• they are the result of statutory regulations or provisions; or

• the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

The place of supply is, pursuant to Article 5, paragraph 1 of the Turnover Tax Act 1968 (Wet op de omzetbelasting 1968), the country where the transport commences. In this specific case, this delivery takes place outside the EU. Following this, the postal or courier service will collect import VAT and/or clearance costs from the recipient. Consequently, 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 the event of obvious printing 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 statutory 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 guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Return of the products must be in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the warranty period of the manufacturer. However, 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 modified the delivered products themselves or has had them repaired and/or modified by third parties;

• the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;

• the defectiveness is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and implementing 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 expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

In the event 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 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Cancellation, and Extension

Cancellation

The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.

The consumer can terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of no more than one month.

The consumer can regarding the agreements mentioned in the previous paragraphs:

• cancel at any time and not be limited to cancellation at a specific time or in a specific period;

• at least cancel in the same way as they were entered into by them;

• always cancel with the same notice period as the entrepreneur has stipulated for themselves.

Extension

An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

Contrary to the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than one month.

An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in the event the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation 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 commencement of the cooling-off period referred to in article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.

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

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge 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 a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 30 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

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

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge at their discretion.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.