Terms and conditions
TERMS AND CONDITIONS OF MERCER & LOXLEY
This website is operated by Difenty. By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions” or “Terms”), including any additional terms, conditions and policies referenced herein and/or available by hyperlink.
These Terms and Conditions apply to all users of the website, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.
SECTION 1 – ONLINE STORE TERMS
1.1 By agreeing to these Terms and Conditions, you confirm that you have reached the age of majority in your country, state or province of residence, or that you have reached the age of majority in your country, state or province of residence and have given us permission to allow any of your minor dependants to use this website.
1.2 You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws applicable in your jurisdiction, including but not limited to copyright laws.
1.3 You must not transmit or distribute computer viruses, worms or any other destructive code.
1.4 A breach or violation of any of these Terms will result in the immediate termination of your Services.
SECTION 2 – IDENTITY OF THE BUSINESS
Company name: Difenty
Dutch Chamber of Commerce number: 77767500
Trading name: Mercer & Loxley
VAT number: NL003235354B26
Customer service email: info@mercerloxley.co.uk
Business address: Volhardingstraat 2a23, 2032 SX Haarlem, the Netherlands
SECTION 3 – GENERAL CONDITIONS
3.1 We reserve the right to refuse service to anyone, for any reason, at any time.
3.2 You understand that your content, excluding credit card information, may be transferred unencrypted and may involve:
a. transmissions over various networks; and
b. changes made to conform and adapt to the technical requirements of connecting networks or devices.
3.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, the use of the Service, access to the Service or any contact on the website through which the Service is provided, without our express written permission.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
4.1 We are not responsible if information made available on this website is inaccurate, incomplete or out of date. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the material on this website is at your own risk.
4.2 This website may contain certain historical information. Historical information is necessarily not current and is provided for reference purposes only.
4.3 We reserve the right to modify the contents of this website at any time, but we are under no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
5.1 Prices for our products may be changed without prior notice.
5.2 We reserve the right to modify or discontinue the Service, or any part or content of it, at any time without notice.
5.3 We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.
SECTION 6 – PRODUCTS OR SERVICES
6.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may only be returned or exchanged in accordance with our Returns Policy.
6.2 We have made every effort to display the colours and images of our products appearing in the store as accurately as possible. We cannot guarantee that the display of any colour on your computer or device will be accurate.
6.3 We reserve the right, but are not obliged, to limit the sale of our products or Services to any person, geographical region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All product descriptions and product prices may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.
6.4 We do not guarantee that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
7.1 We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household or per order.
7.2 These restrictions may include orders placed by or under the same customer account, using the same credit card and/or using the same billing or delivery address.
Where we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address or telephone number provided at the time the order was placed.
We reserve the right to limit or prohibit orders that, in our sole judgement, appear to have been placed by dealers, resellers or distributors.
7.3 You agree to provide current, complete and accurate purchase and account information for all purchases made through our store.
You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you where necessary.
SECTION 8 – PRICE
8.1 All product prices displayed on the website are exclusive of VAT, import duties, customs-clearance charges and any other local taxes or charges applicable in the country of destination.
As the business does not charge VAT on these sales, as further described in Section 12, the customer is fully responsible for all such import charges.
8.2 Notwithstanding the above, the business may offer products or services with variable prices that depend on fluctuations in the financial market over which the business has no control. This dependency on market fluctuations, and the fact that any quoted prices may be indicative, will be clearly stated in the relevant offer.
8.3 Price increases within three months after the conclusion of the agreement are permitted only where they result from statutory regulations or provisions.
8.4 Price increases occurring more than three months after the conclusion of the agreement are permitted only where the business has agreed to this and:
a. the increase results from statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement from the date on which the price increase takes effect.
SECTION 9 – OPTIONAL TOOLS
9.1 We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
9.2 You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without endorsement.
We will have no liability whatsoever arising from or relating to your use of optional third-party tools.
9.3 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 the terms on which the tools are provided by the relevant third-party provider or providers.
9.4 We may also offer new services and/or features through the website in the future, including the introduction of new tools and resources. Such new features and/or services will also be subject to these Terms and Conditions.
SECTION 10 – THIRD-PARTY LINKS
10.1 Certain content, products and services available through our Service may include materials from third parties.
10.2 Third-party links on this website may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant and will not have any liability or responsibility for third-party materials, websites, products or services.
10.3 We are not liable for any harm or losses related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third-party websites.
Please carefully review the third party’s policies and practices and ensure that you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
11.1 If, at our request, you submit certain specific materials, such as competition entries, or if, without a request from us, you send us creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise, collectively referred to as “comments”, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to us.
We are under no obligation:
a. to keep any comments confidential;
b. to pay compensation for any comments; or
c. to respond to any comments.
11.2 We may, but are under no obligation to, monitor, edit or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or which violates the intellectual-property rights of any party or these Terms and Conditions.
11.3 You agree that your comments will not violate any right of a third party, including copyright, trademark, privacy, personality rights or any other personal or proprietary rights.
You further agree that your comments 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 Service or any related website.
You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties regarding the origin of any comments. You are solely responsible for any comments you make and for their accuracy.
11.4 We accept no responsibility and assume no liability for comments posted by you or by any third party.
SECTION 12 – IMPORTATION AND VAT
12.1 Shipping arrangement: The customer acknowledges that all goods ordered through this website are shipped directly by a third-party supplier located outside the European Union and the United Kingdom. The goods do not enter the commercial supply chain of the United Kingdom or the European Union through the business.
12.2 Place of supply and exclusion of VAT: In accordance with applicable VAT legislation, including Articles 32 and 33 of Council Directive 2006/112/EC and comparable national provisions such as Article 5(1) of the Dutch Turnover Tax Act 1968, the place of supply for VAT purposes is considered to be the country in which transportation begins, being a country outside the European Union and the United Kingdom.
Consequently, the business does not charge VAT on the sale of these goods. The displayed prices are therefore exclusive of VAT and import duties.
12.3 Customer as importer of the goods: The customer acts as the importer of the goods in the country of delivery and is fully responsible for compliance with all applicable import formalities.
12.4 Customer responsibility for import charges: The customer expressly acknowledges and accepts that they are solely responsible for declaring and paying all applicable import charges when the goods arrive in the country of destination.
These charges include, but are not limited to:
a. import VAT at the rate applicable in the country of destination;
b. customs duties, levies or taxes; and
c. customs-clearance fees, brokerage fees or administrative charges imposed by customs authorities or the relevant postal or courier service.
These charges are usually collected from the customer by the delivering postal or courier service before or at the time of delivery. The business is not involved in determining or collecting these import charges.
12.5 No liability for import charges or delays: The business will not be liable in any way for import VAT, duties, taxes, delays, seizures or non-delivery resulting from the customer’s failure to comply with applicable import requirements.
By placing an order, the customer accepts these conditions and agrees to indemnify the business against all related claims and costs.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
13.1 Occasionally, information on our website or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, delivery charges, delivery times and product availability.
13.2 We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice, including after you have submitted your order.
13.3 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except where required by law.
No specified update or refresh date applied in the Service or on any related website should be interpreted as indicating that all information in the Service or on any related website has been changed or updated.
SECTION 14 – PROHIBITED USES
14.1 In addition to other prohibitions set out in these Terms, you are prohibited from using the website or its content:
a. for any unlawful purpose;
b. to solicit others to perform or participate in unlawful acts;
c. to violate any international, national, federal, provincial, state or local rules, regulations or laws;
d. to infringe upon or violate our intellectual-property rights or the intellectual-property rights of others;
e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin or disability;
f. to submit false or misleading information;
g. to upload or transmit viruses or any other form of malicious code that may affect the functionality or operation of the Service, any related website, other websites or the internet;
h. to collect or track the personal information of others;
i. to spam, phish, pharm, impersonate, spider, crawl or scrape;
j. for any obscene or immoral purpose; or
k. to interfere with or circumvent the security features of the Service, any related website, other websites or the internet.
14.2 We reserve the right to terminate your use of the Service for violating any of these prohibited uses.
SECTION 15 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
15.1 We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results obtained through the use of the Service will be accurate or reliable.
15.2 We reserve the right to withdraw the Service for an indefinite period or cancel the Service at any time without notice to you.
15.3 You expressly agree that your use of, or inability to use, the Service is entirely at your own risk.
The Service and all products and services supplied to you through the Service are, unless expressly stated otherwise by us, provided on an “as is” and “as available” basis, without any representation, warranty or condition of any kind, whether express or implied.
This includes all implied warranties or conditions of merchantability, satisfactory or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
15.4 To the fullest extent permitted by law, neither we nor our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will be liable for any injury, loss, claim or any 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 the Service or any products obtained through the Service.
This also applies to any other claim connected in any way with your use of the Service or any product, including, without limitation, errors or omissions in content, or any loss or damage incurred as a result of the use of the Service or any content or product posted, transmitted or otherwise made available through the Service, even where you have been advised of the possibility of such damages.
As some states or jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions will be limited to the maximum extent permitted by law.
SECTION 16 – RETURNS POLICY
16.1 The customer has the right to return the product within 30 days of receiving it. The customer is responsible for all costs associated with returning the product. The product must be returned directly to the supplier.
16.2 Mercer & Loxley is not responsible or liable for any costs associated with returning the product. The customer agrees to indemnify Mercer & Loxley against any expenses or liabilities connected with the returns process.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mercer & Loxley and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by a third party as a result of:
a. your breach of these Terms and Conditions or the documents incorporated into them by reference;
b. your violation of any applicable law; or
c. your violation of the rights of a third party.
SECTION 18 – SEVERABILITY
If any provision of these Terms and Conditions is found 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. This determination will not affect the validity and enforceability of the remaining provisions.
SECTION 19 – TERMINATION
19.1 The obligations and liabilities of the parties incurred before the termination date will survive the termination of this agreement for all purposes.
19.2 These Terms and Conditions remain effective unless and until terminated by either you or us.
You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you stop using our website.
19.3 If, in our judgement, you fail to comply with any provision or condition of these Terms and Conditions, we may terminate this agreement at any time without prior notice.
You will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services or any part of them.
SECTION 20 – ENTIRE AGREEMENT
20.1 Our failure to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of that right or provision.
20.2 These Terms and Conditions, together with any policies or operating rules posted by us on this website or relating to the Service, constitute the entire agreement and understanding between you and us.
They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including previous versions of these Terms and Conditions.
20.3 Any ambiguity in the interpretation of these Terms and Conditions will not be interpreted against the drafting party.
This means that where any part of these Terms is unclear, it will not automatically be interpreted against us, but instead in a reasonable manner and in favour of the business.
SECTION 21 – GOVERNING LAW
These Terms and Conditions and any separate agreements under which we provide Services to you will be governed by and interpreted in accordance with the laws of the Netherlands.
SECTION 22 – PRECEDENCE OVER THE OTHER PARTY’S TERMS
These Terms and Conditions will take precedence over all terms and conditions of the other party, including any terms contained in orders, invoices or other documents issued by the other party.
Any terms of the other party that conflict with or differ from these Terms and Conditions are expressly rejected unless we expressly agree to them in writing.
SECTION 23 – PRECEDENCE OF THE AGREEMENT
Where there is any conflict or inconsistency between the provisions of these Terms and Conditions and the provisions of a specific agreement between the customer and the business, the provisions of the specific agreement will prevail.
Any conflicting provisions in these Terms and Conditions will not apply in such circumstances.
SECTION 24 – CHANGES TO THESE TERMS AND CONDITIONS
24.1 You can review the most current version of these Terms and Conditions at any time on this page.
24.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions at any time by publishing updates and changes on our website.
It is your responsibility to check our website regularly for changes.
24.3 Your continued use of or access to our website or the Service after any changes to these Terms and Conditions have been published constitutes acceptance of those changes.