Terms of service

https://mermaidsisters.nl/
General terms and conditions based on WebwinkelKeur model terms.

Table of Contents

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in the event of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Long-term transactions: term, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal; Read all about the cooling-off period

1. Consumer: the natural person who does not act for purposes related to their trade, business, craft or profession and enters into a distance contract with the entrepreneur;

1. Day: calendar day;

1. Long-term transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligations are spread over time;

1. Durable data carrier: any means that enables the consumer or the entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.

1. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

1. Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill in when they wish to exercise their right of withdrawal.

1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

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

1. Means of distance communication: a means that can be used to conclude a contract without the consumer and the entrepreneur being together in the same room at the same time.

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

Article 2 - Identity of the entrepreneur

Mermaidsisters
Pekstraat 4

8211 AB lelystad
Netherlands

T (318) 858-2112
E mitchell@anviri.nl
KVK 32146785
VAT number NL861207403B01

Article 3 - Applicability

1. 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.

1. 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.

1. If the distance contract is concluded electronically, then, in deviation 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 store it easily on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

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

1. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the relevant provision will be replaced without delay, in mutual consultation, by a provision that approximates the purpose of the original as closely as possible.

1. Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

1. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 - The offer

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

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

1. 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 truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

1. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

1. Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

1. 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 including taxes;
   
   
   • any shipping costs;
   
   
   • the manner in which the agreement will be concluded and which actions are required for this;
   
   
   • whether or not the right of withdrawal applies;
   
   
   • the method of payment, delivery and performance of the agreement;
   
   
   • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
   
   
   • the amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the used means of communication;
   
   
   • whether the agreement will be archived after its conclusion, and if so, on what basis it can be consulted by the consumer;
   
   
   • the way in which the consumer, before concluding the agreement, can check the data they have provided in the context of the agreement and, if desired, correct it;
   
   
   • any other languages in which, in addition to Dutch, the agreement can be concluded;
   
   
   • the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
   
   
   • the minimum duration of the distance contract in the case of a long-term transaction.
   
   
   

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.

1. If the consumer has accepted the offer electronically, the entrepreneur shall promptly 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.

1. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.

1. The entrepreneur may, within legal frameworks, inform themself 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, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to the implementation.

1. The entrepreneur will send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, with the product or service:
   
   
   • the visiting address of the entrepreneur’s business establishment where the consumer can lodge complaints;
   
   
   • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   
   
   • information about warranties and existing after-sales service;
   
   
   • the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer prior to the performance 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.
   
   
   

1. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

1. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, receives the product.

1. 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 determine whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered 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.

1. When the consumer wishes to make use of their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must notify this by means of the model form or by another means of communication such as by e-mail. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

1. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal and/or has not returned the product to the entrepreneur, the purchase is a fact.

Upon delivery of services:

1. Upon delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement is entered into.

1. To exercise their right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery in this regard.

Article 7 - Costs in the event of withdrawal

1. If the consumer exercises their right of withdrawal, at most the costs of return shipment shall be for their account.

1. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition here is that the product has already been received back by the online retailer or conclusive proof of complete return can be provided. Refunds shall be made using the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.

1. In the event of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any depreciation in value of the product.

1. The consumer cannot be held liable for depreciation in value of the product when the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.

1. 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 by their nature cannot be returned;
   
   
   • that can spoil or age quickly;
   
   
   • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
   
   
   • single issues of newspapers and magazines;
   
   
   • audio and video recordings and computer software of which the consumer has broken the seal;
   
   
   • hygiene products of which the consumer has broken the seal.
   
   
   

1. Exclusion of the right of withdrawal is only possible for services:
   
   
   • relating to accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
   
   
   • the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
   
   
   • relating to betting and lotteries.
   
   
   

Article 9 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

1. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any quoted prices are target prices will be stated in the offer.

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

1. 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 terminate the agreement as of the day on which the price increase takes effect.
   
   
   

1. The prices mentioned in the offer of products or services include VAT.

1. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous price.

Article 10 - Conformity and warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness 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.

1. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the entrepreneur on the basis of the agreement.

1. Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 2 months after discovery of the defect.

1. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. 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.

1. The warranty does not apply if:
   
   
   • the consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
   
   
   • the delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or treated contrary to the instructions of the entrepreneur and/or on the packaging;
   
   
   • the defectiveness is wholly or partly 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 performance

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

1. As the place of delivery, the address that the consumer has made known to the company applies.

1. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.

1. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.

1. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

1. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are for the account of the entrepreneur.

1. The risk of damage to 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 - Long-term transactions: term, termination and renewal

Termination

1. The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

1. The consumer may terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

1. The consumer may terminate the agreements referred to in the previous paragraphs:
   
   
   • at any time and not be limited to termination at a specific time or during a specific period;
   
   
   • at least terminate in the same way as they were entered into by them;
   
   
   • always terminate with the same notice period as the entrepreneur has stipulated for themself.
   
   
   

Renewal

1. An agreement entered into 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.

1. In deviation from the previous paragraph, an agreement entered into 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 terminate this extended agreement at the end of the extension with a notice period of no more than one month.

1. An agreement entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate 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.

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

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.

1. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

1. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

1. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.

1. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires foreseeably longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

1. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

1. In the first instance, a consumer must address their complaint to the entrepreneur. If the online shop is affiliated with WebwinkelKeur and complaints cannot be resolved in mutual consultation, the consumer should turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option of having their complaint dealt with by the independent disputes committee appointed by WebwinkelKeur; its decision is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

1. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

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

Article 15 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.

1. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.