Terms and Conditions

MERCHADO B.V. TERMS AND CONDITIONS

 

Article 1 – Definitions

For the purposes of these terms and conditions, the following definitions apply:

1. Merchado: the company Merchado B.V.
2. Customer: the natural person or legal entity that enters into an agreement with Merchado.
3. Distance contract: a contract in which, within the framework of a system organized by Merchado for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to and including the conclusion of the contract.
4. Right of withdrawal: the customer’s right to cancel the distance contract within the cooling-off period.
5. Durable medium: any medium that enables the customer or Merchado to store information addressed personally to them in a way that allows for future access and unaltered reproduction of the stored information.

Article 2 – Merchado Information

Merchado B.V.
Spaklerweg 75A
1114 AE Amsterdam
The Netherlands
+31(0)20 348 48 74

Chamber of Commerce number: 67670571
VAT identification number: NL854612087B01
Email: info@merchado.co

Article 3 – Applicability

1. These Terms and Conditions apply to every offer made by Merchado and to every distance contract entered into between Merchado and the customer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for review at Merchado and will be sent free of charge as soon as possible upon the customer’s request.
3. Any additions to or deviations from these general terms and conditions are valid only if they have been expressly accepted in writing by MERCHADO. The remaining provisions of these general terms and conditions remain in full force and effect in such a situation.

Article 4 – The Offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the customer to properly evaluate the offer. If Merchado uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on Merchado.
3. Each offer must contain sufficient information to make it clear to the customer what rights and obligations are associated with accepting the offer.

Article 5 – The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded upon the customer’s acceptance of the offer and fulfillment of the conditions set forth therein.
2. If the customer has accepted the offer electronically, Merchado will immediately confirm receipt of the acceptance of the offer electronically.
3. If the agreement is concluded electronically, Merchado will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the customer is able to pay electronically, Merchado will observe appropriate security measures for that purpose.
4. Merchado may—within the legal framework—determine whether the customer is able to meet his payment obligations, as well as ascertain all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, Merchado has good grounds not to enter into the agreement, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to its fulfillment.
5. Merchado will provide the customer with the following information along with the product or service, either in writing or in a manner that allows the customer to store it in an accessible way on a durable medium: a. the street address of the Merchado location where the customer can file complaints; b. the conditions under which and the manner in which the customer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information regarding existing post-purchase service and warranties; d. the price of the product, service, or digital content, including all taxes; delivery costs, if applicable; and the method of payment, delivery, or performance of the distance contract;
6. If Merchado has agreed to supply a series of products or services, the provision in the preceding paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal Upon Delivery of Products

1. Since all products are custom-made and personalized for the customer, the right of withdrawal applies only to products that were not produced in accordance with the proof or order.
2. Any issues must be reported to the account manager immediately upon delivery, including photos and a clear description.
3. Returns are only accepted for products that do not conform to the proof or order. Merchado will cover the return shipping costs. Products must be returned in their original packaging with all contents included.

Article 7 – Costs in the Event of Cancellation

1. If the customer exercises their right of withdrawal, Merchado will bear the direct costs of return shipping, provided that the product was not manufactured in accordance with the proof or order.
2. Merchado will refund all payments made by the customer, including any shipping costs charged by Merchado for the returned product, without delay but no later than 14 days following the day on which the customer notifies Merchado of the cancellation. Unless Merchado offers to pick up the product itself, it may wait to issue a refund until it has received the product or until the customer provides proof that the product has been returned, whichever occurs first.
3. Merchado will issue the refund using the same payment method the customer used, unless the customer agrees to a different method. The refund is free of charge for the customer.

Article 8 – Exclusion of the Right of Withdrawal

1. If the customer does not have a right of withdrawal, Merchado will exclude this right if Merchado has stated so in the offer, or at least in a timely manner prior to the conclusion of the contract.
2. The right of withdrawal does not apply to products: a. that were manufactured by Merchado in accordance with the customer’s specifications; b. that are clearly of a personal nature; c. that, by their nature, cannot be returned;

Article 9 – The Price

1. During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates or other government-imposed taxes.
2. Notwithstanding the preceding paragraph, Merchado may offer products or services at variable prices if their prices are subject to fluctuations in the financial market over which Merchado has no control.
3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
4. Price increases effective 3 months or more after the conclusion of the agreement are permitted only if Merchado: a. such increases result from statutory regulations or provisions; or b. the customer has the right to terminate the agreement as of the date the price increase takes effect.
5. The prices listed in the product or service offerings include VAT, unless otherwise indicated.

Article 10 – Payment

1. For orders up to €2,500, the payment term is 14 days.
2. For amounts exceeding €2,500, a 50% deposit is required upon acceptance of the order, and the remaining 50% must be paid 14 days after delivery.
3. The customer is obligated to promptly notify Merchado of any inaccuracies in the payment information provided or listed.
4. In the event of nonpayment by the customer, Merchado reserves the right, subject to legal limitations, to charge the customer the reasonable costs that were previously communicated to the customer.

Article 11 – Delivery and Performance

1. Delivery times vary by product and personalization method and range on average from 5 to 25 business days.
2. Shipping costs are calculated based on the number of boxes, pallets, and weight, and are handled through partners such as DHL and POSTNL.
3. Merchado will exercise the utmost care when receiving and fulfilling orders for products.
4. The place of delivery is the address that the customer has provided to Merchado.
5. Merchado will fulfill accepted orders with due diligence, but no later than within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the customer will be notified no later than 30 days after placing the order. In that case, the customer has the right to cancel the agreement at no cost and is entitled to any compensation for damages.
6. Following termination in accordance with the preceding paragraph, Merchado will promptly refund the amount paid by the customer.
7. The risk of damage to and/or loss of products remains with Merchado until the time of delivery to the customer or to a representative designated in advance and notified to Merchado, unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Term, Termination, and Renewal

1. The customer may terminate an agreement entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed-upon termination rules and a notice period of no more than one month.
2. The customer may terminate a fixed-term agreement for the regular delivery of products or services at any time prior to the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The customer may terminate the agreements referred to in the preceding paragraphs: at any time, without being limited to termination at a specific time or during a specific period; at a minimum, in the same manner in which they were entered into; and always with the same notice period that Merchadohas stipulated for itself.
4. A contract entered into for a fixed term that provides for the regular delivery of products or services may not be tacitly extended or renewed for a fixed term. 
   
5. Notwithstanding the preceding paragraph, a fixed-term agreement for the regular delivery of daily newspapers, weekly newspapers, and magazines may be tacitly renewed for a fixed term of no more than three months, provided that the customer may terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.
   
6. A fixed-term agreement for the regular delivery of products or services may only be tacitly renewed for an indefinite term if the customer is permitted to terminate the agreement at any time with a notice period of no more than one month. The notice period shall not exceed three months if the agreement provides for the regular delivery—but less than once a month—of daily newspapers, news publications, weekly newspapers, and magazines. 
   
7. A fixed-term agreement for the regular delivery of daily newspapers, news publications, weekly newspapers, and magazines for introductory purposes (trial or introductory subscription) is not automatically renewed and ends automatically upon expiration of the trial or introductory period.
   
8. If a contract has a term of more than one year, the customer may terminate the contract at any time after one year with a notice period of no more than one month, unless termination before the end of the agreed term is contrary to the principles of reasonableness and fairness.

Article 13 – Payment

1. Unless otherwise specified in the agreement or in additional terms and conditions, the amounts owed by the customer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the agreement is concluded. In the case of a contract for the provision of a service, this period begins on the day after the customer receives confirmation of the contract.
2. When selling products to customers, the terms and conditions may never require the customer to make an advance payment of more than 50%. If an advance payment is stipulated, the customer may not assert any rights regarding the fulfillment of the relevant order or service(s) until the stipulated advance payment has been made.
3. The customer is obligated to promptly notify Merchado of any inaccuracies in the payment information provided or listed.
4. In the event of nonpayment by the customer, Merchado reserves the right, subject to legal limitations, to charge the customer the reasonable costs that were previously communicated to the customer.

Article 14 – Complaints Procedure

1. Merchado has a clearly communicated complaint procedure and handles complaints in accordance with this procedure.
2. Complaints regarding the performance of the agreement must be submitted to Merchado in full and clearly described within a reasonable time after the customer has discovered the defects.
3. Complaints submitted to Merchado will be responded to within 14 days of the date of receipt. If a complaint requires a foreseeable longer processing time, Merchado will respond within the 14-day period with an acknowledgment of receipt and an indication of when the customer can expect a more detailed response.
4. A complaint about a Merchado product, service, or customer service can also be submitted using the complaint form on the Merchado website.
5. The customer must give Merchado at least 4 weeks to resolve the complaint through mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 15 – Disputes

1. All agreements between Merchado and the customer to which these general terms and conditions apply are governed exclusively by Dutch law.
2. Disputes arising out of or in connection with the agreements between Merchado and the customer shall be submitted exclusively to the competent court in the district of Amsterdam.
3. The customer must first submit complaints in writing to Merchado, giving Merchado the opportunity to resolve the complaint within a reasonable period of time.
4. If the dispute cannot be resolved by mutual agreement, the competent court in Amsterdam shall have exclusive jurisdiction to hear the dispute.
5. Merchado may file a lawsuit in the court of the judicial district where the customer resides, if the customer is not a consumer.
6. Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against Merchado and any third parties involved by Merchado in the performance of an agreement is one year.

Article 16 – Additional or Different Provisions

Any additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the customer and must be set forth in writing or in such a manner that the customer can store them in an accessible way on a durable medium.

If you have any questions or comments regarding these terms and conditions, please contact us using the contact information provided above.