Terms and conditions

MERCER & LOXLEY TERMS AND CONDITIONS

Article 1 – Definitions
1.1 Trader: Mercer & Loxley.
1.2 Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession.
1.3 Distance contract: a contract concluded between the Trader and the Consumer within the framework of an organised system for distance sales of products, whereby exclusive use is made of one or more techniques for distance communication.
1.4 Cooling-off period: the period within which the Consumer can exercise his right of withdrawal.
1.5 Right of withdrawal: the Consumer's option to withdraw from the distance contract within the cooling-off period.
1.6 Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions.

Article 2 – Identity of the trader
Mercer & Loxley
KvK number: 77767500
VAT identification number: NL003235354B26
E-mail: info@mercerloxley.co.uk

Article 3 – Applicability
3.1 These terms and conditions apply to every offer from Mercer & Loxley and to every distance contract concluded.
3.2 Before the distance contract is concluded, the text of these terms and conditions will be made available to the Consumer electronically.
3.3 If Mercer & Loxley has, for a short or longer period, whether tacitly or otherwise, allowed deviations from these terms and conditions, this does not affect its right to demand immediate and strict compliance with these terms and conditions. The Consumer can never derive any right from the fact that Mercer & Loxley applies these terms and conditions flexibly.

Article 4 – The offer
4.1 If an offer has a limited period of validity or is subject to conditions, this will be expressly stated.
4.2 The offer contains a description of the products offered so that the Consumer can make a proper assessment. Images are a truthful representation; minor colour and size variations reserved.
4.3 Obvious errors or mistakes in the offer do not bind Mercer & Loxley.

Article 5 – The contract
5.1 The contract is concluded at the moment the Consumer accepts the offer by placing an order and complies with the conditions set.
5.2 Mercer & Loxley confirms receipt of the order without delay by e-mail. As long as this confirmation of receipt has not been sent, the Consumer may rescind the contract.

Article 6 – Right of withdrawal
6.1 The Consumer has the right to dissolve the contract without giving reasons within 30 calendar days of receipt of the product.
6.2 During the cooling-off period, the Consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle is that the Consumer may only handle and inspect the product as he would be permitted to do in a physical shop.
6.3 The Consumer is liable for any diminished value of the product resulting from handling the product beyond what is permitted under paragraph 2. Mercer & Loxley is entitled to deduct this diminished value from the amount to be refunded.

Article 7 – Exercise of the right of withdrawal and costs
7.1 The Consumer reports withdrawal within the cooling-off period via info@mercerloxley.co.uk, the contact form on the website, or by means of the Model withdrawal form (Annex I).
7.2 After notification, the Consumer returns the product within 14 days, in its original condition and packaging, with all labels attached and, where applicable, with intact hygiene seal.
7.3 The direct cost of returning the product is borne by the Consumer.
7.4 The Consumer bears the risk and burden of proof for the correct and timely exercise of the right of withdrawal.
7.5 Mercer & Loxley refunds the purchase price as soon as possible, but no later than 14 days after receipt of the return shipment or after the Consumer has demonstrated that the products have been returned, whichever is earlier. The refund will be made using the original payment method.
7.6 If the Consumer has chosen a more expensive delivery method than the cheapest standard delivery, Mercer & Loxley is not required to refund the additional cost of the more expensive method.
7.7 If the order qualified for free shipping and the Consumer falls below the free-shipping threshold by returning part of the order, the original shipping costs will be offset against the amount to be refunded.

Article 8 – Exclusion of the right of withdrawal
8.1 The right of withdrawal is excluded for the following products, provided Mercer & Loxley has clearly stated this in the offer:
a) Sealed products which are not suitable for return for reasons of health protection or hygiene and where the seal has been broken after delivery. This includes, among other things, underwear, swimwear, bikinis and beachwear;
b) Products manufactured according to the Consumer's specifications, which are not prefabricated or which are clearly intended for a specific person;
c) Products which, after delivery, are irreversibly mixed with other items by their nature.
8.2 The Consumer can only return a product within the category referred to in Article 8.1(a) if the hygiene seal is undamaged and in place. Products without an intact hygiene seal will not be accepted for return and will not be refunded.

Article 9 – Conformity and warranty
9.1 Mercer & Loxley guarantees that the products comply with the contract, the specifications stated in the offer, reasonable requirements of soundness, and the statutory provisions existing on the date the contract is concluded.
9.2 Any warranty arrangement offered by Mercer & Loxley, manufacturer or importer does not affect the rights and claims that the Consumer may assert under the law and/or the distance contract in respect of any shortcoming in the fulfilment of Mercer & Loxley's obligations.

Article 10 – The price
10.1 All prices are inclusive of VAT and in pounds sterling.
10.2 Obvious pricing errors, even after order confirmation, do not bind Mercer & Loxley.
10.3 Mercer & Loxley reserves the right to cancel orders that have been concluded on the basis of an obvious error.

Article 11 – Delivery and performance
11.1 The place of delivery is the address that the Consumer has provided to Mercer & Loxley.
11.2 Mercer & Loxley aims to deliver within the indicative time frames stated on the Shipping page. The maximum delivery time is 30 days from order, unless otherwise agreed.
11.3 If delivery is delayed, the Consumer will be notified. In that case, the Consumer has the right to dissolve the contract at no cost.
11.4 The risk of damage and/or loss of products lies with Mercer & Loxley until the moment of delivery to the Consumer or a representative designated in advance.

Article 12 – Payment
12.1 Payment is made using the payment methods offered on the website: credit card (Visa, Mastercard, American Express), Apple Pay and Google Pay.
12.2 Payment is made at the time of ordering.

Article 13 – Liability
13.1 The liability of Mercer & Loxley is limited to direct damage and to a maximum of the amount of the relevant order.
13.2 Mercer & Loxley is not liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business interruption.
13.3 The limitations in this article do not apply if the damage is the result of intent or gross negligence on the part of Mercer & Loxley.

Article 14 – Complaints procedure
14.1 Complaints about the performance of the contract must be submitted to Mercer & Loxley fully and clearly described within a reasonable time, via info@mercerloxley.co.uk.
14.2 Mercer & Loxley will respond within 14 days, calculated from the date of receipt.
14.3 If the complaint cannot be resolved by mutual agreement, the Consumer can submit the dispute to the European ODR platform via https://ec.europa.eu/odr.

Article 15 – Applicable law
15.1 Contracts between Mercer & Loxley and the Consumer are exclusively governed by Dutch law, even if the Consumer resides abroad.
15.2 The applicability of the Vienna Sales Convention (CISG) is expressly excluded.

Article 16 – Final provisions
16.1 If one or more provisions of these terms and conditions prove to be null and void or voidable, the remaining provisions will remain in full force and effect.
16.2 Mercer & Loxley reserves the right to amend these terms and conditions. The current version can be found on this page at all times.

Annex I – Model withdrawal form
Model withdrawal form