Terms of service

Table of contents

Article 1 - Definitions

Article 2 - Identity of the trader

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

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 - Extended duration transactions: duration, cancellation and renewal

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or differing 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;
2. Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
3. Day: calendar day;
4. Extended duration transaction: a distance contract relating to a series of products and/or services where the obligation to supply and/or to purchase is spread over time;
5. Durable medium: any means that enables the consumer or the trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model form: the model withdrawal form that the trader makes available and that a consumer can complete when they wish to exercise their right of withdrawal.
8. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
10. Technique for distance communication: a means that can be used to conclude a contract without the consumer and the trader being together in the same room at the same time.
11. Terms and Conditions: these Terms and Conditions of the trader.

Article 2 - Identity of the trader

Stock and Story BV

Trading as Merino Love

Europaweg 20, 9636 HT Zuidbroek, the Netherlands

Telephone number: 085 000 3640

Email address: info@merinolove.nl

Chamber of Commerce number: 97485772

VAT identification number: NL868072151B01

Article 3 - Applicability

1. These terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, then before the distance contract is concluded it will be indicated that the terms and conditions may be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, then notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, then before the distance contract is concluded it will be indicated where the terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly and, in the case of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
5. If at any time one or more provisions of these terms and conditions are wholly or partly void or are annulled, the contract and these terms and conditions will otherwise remain in force and the provision concerned will be replaced without delay, by mutual agreement, by a provision that approximates the purport of the original as closely as possible.
6. Situations that are not covered by these terms and conditions must be assessed in the spirit of these terms and conditions.
7. Any lack of clarity about the interpretation or content of one or more provisions of our terms and conditions must be interpreted in the spirit of these 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 stated explicitly in the offer.
2. The offer is without obligation. The trader is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer properly. If the trader 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 trader.
4. All images and specification details in the offer are indicative and cannot give rise to compensation or to dissolution of the contract.
5. Images accompanying products are a truthful representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the real colours of the products.
6. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
   1. the price including taxes;
   2. any shipping costs;
   3. the way in which the contract will be concluded and what actions are required for this;
   4. whether or not the right of withdrawal applies;
   5. the method of payment, delivery and performance of the contract;
   6. the period for accepting the offer, or the period within which the trader guarantees the price;
   7. the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
   8. whether the contract is archived after conclusion and, if so, how the consumer may consult it;
   9. the way in which the consumer can check and, if desired, correct the information they provided under the contract before concluding it;
   10. any other languages in which, alongside Dutch, the contract may be concluded;
   11. the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
   12. the minimum duration of the distance contract in the case of an extended duration transaction.

Article 5 - The contract

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions attached to it.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer is able to pay electronically, the trader will observe appropriate security measures for this purpose.
4. The trader may, within statutory limits, inform themselves as to whether the consumer is able to meet their payment obligations, as well as of all facts and factors that are relevant to entering into the distance contract responsibly. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
5. With the product or service, the trader will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
   1. the visiting address of the trader's establishment where the consumer can go with complaints;
   2. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
   3. information about warranties and existing after-sales service;
   4. the information included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before performance of the contract;
   5. the requirements for cancelling the contract if the contract has a duration of more than one year or is of indefinite duration.
6. In the case of an extended duration transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every contract is entered into subject to the condition precedent that the products concerned are sufficiently available.

Article 6 - Right of withdrawal

On delivery of products:

1. When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days. This cooling-off period starts on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the trader.
2. During the cooling-off period the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the trader with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 14 days of receiving the product. The consumer must give this notification using the model form. After the consumer has notified the trader that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered were returned in good time, for example by means of proof of postage.
4. If the customer has not notified the trader that they wish to exercise their right of withdrawal, or has not returned the product to the trader, after the periods referred to in paragraphs 2 and 3 have expired, the purchase is final.

On delivery of services:

1. On delivery of services, the consumer has the option of dissolving the contract without giving reasons for a period of at least 14 days, starting on the day the contract is entered into.
2. In order to exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest on delivery.

Article 7 - Costs in the event of withdrawal

1. If the consumer exercises their right of withdrawal, they will bear at most the costs of returning the goods.
2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, and in any event within 14 days of the withdrawal. This is subject to the condition that the product has already been received back by the online retailer, or that conclusive proof of complete return can be provided. Refunds will be made using the same payment method that the consumer used, unless the consumer expressly consents to a different payment method.
3. If the product is damaged as a result of careless handling by the consumer themselves, the consumer is liable for any diminished value of the product.
4. The consumer cannot be held liable for any diminished value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the purchase contract is concluded.

Article 8 - Exclusion of the right of withdrawal

1. The trader may 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 trader has clearly stated this in the offer, or at least in good time before the contract is concluded.
2. Exclusion of the right of withdrawal is only possible for products:
   1. that have been made by the trader in accordance with the consumer's specifications;
   2. that are clearly personal in nature;
   3. that by their nature cannot be returned;
   4. that can spoil or age quickly;
   5. whose price is subject to fluctuations on the financial market over which the trader has no influence;
   6. consisting of individual newspapers and magazines;
   7. consisting of audio and video recordings and computer software whose seal the consumer has broken;
   8. consisting of hygiene products whose seal the consumer has broken.
3. Exclusion of the right of withdrawal is only possible for services:
   1. concerning accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;
   2. whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
   3. concerning 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 will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services at variable prices where those prices are subject to fluctuations on the financial market over which the trader has no influence. This link to fluctuations, and the fact that any prices stated are target prices, will be stated with the offer.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
   1. they result from statutory regulations or provisions; or
   2. the consumer has the right to cancel the contract with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. 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 printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

1. The trader warrants that the products and/or services comply with the contract, with the specifications stated in the offer, with reasonable requirements of soundness and/or usability, and with the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also warrants that the product is suitable for other than normal use.
2. A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.
3. Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks of delivery. Products must be returned in their original packaging and in as-new condition.
4. The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader 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.
5. The warranty does not apply if:
   1. the consumer has repaired and/or modified the products delivered themselves, or has had them repaired and/or modified by third parties;
   2. the products delivered have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the trader's instructions and/or the instructions on the packaging;
   3. the defect is wholly or partly the result of regulations that the government has laid down or will lay down regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

1. The trader will exercise the greatest possible care when receiving and performing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will perform accepted orders with due speed and in any event within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be performed or can only be performed in part, 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 contract free of charge. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount the consumer has paid as soon as possible, and in any event within 14 days of the dissolution.
6. If delivery of an ordered product proves to be impossible, the trader will make every effort to make a replacement item available. At the latest on delivery, it will be stated clearly and comprehensibly that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the trader.
7. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Extended duration transactions: duration, cancellation and renewal

Cancellation

1. The consumer may at any time cancel a contract entered into for an indefinite period that covers the regular delivery of products (including electricity) or services, observing the cancellation rules agreed for this purpose and a notice period of no more than one month.
2. The consumer may at any time cancel a contract entered into for a fixed period that covers the regular delivery of products (including electricity) or services with effect from the end of that fixed period, observing the cancellation rules agreed for this purpose and a notice period of no more than one month.
3. The consumer may, in respect of the contracts referred to in the previous paragraphs:
   1. cancel them at any time and not be restricted to cancellation at a specific time or during a specific period;
   2. cancel them at least in the same way as they entered into them;
   3. always cancel them with the same notice period as the trader has stipulated for themselves.

Renewal

1. A contract entered into for a fixed period that covers the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
2. Notwithstanding the previous paragraph, a contract entered into for a fixed period that covers the regular delivery of daily, news and weekly papers and magazines may be tacitly renewed for a fixed period of no more than three months, provided the consumer can cancel this renewed contract towards the end of the renewal with a notice period of no more than one month.
3. A contract entered into for a fixed period that covers the regular delivery of products or services may only be tacitly renewed 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 where the contract covers the regular but less than monthly delivery of daily, news and weekly papers and magazines.
4. A contract of limited duration for the regular trial delivery of daily, news and weekly papers and magazines (a trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

1. If a contract has a duration of more than one year, the consumer may, after one year, cancel the contract at any time with a notice period of no more than one month, unless reasonableness and fairness preclude cancellation before the end of the agreed term.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of 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 begins after the consumer has received confirmation of the contract.
2. The consumer has a duty to report any inaccuracies in payment details provided or stated to the trader without delay.
3. In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the trader fully and clearly described within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the trader are answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In the event of complaints, a consumer should first contact the trader. For complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur, which will mediate free of charge. If no solution is reached even then, the consumer has the option of having their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur; its ruling is binding and both the trader and the consumer agree to this binding ruling. Submitting a dispute to this disputes committee involves costs, which must be paid by the consumer to the committee concerned. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr/).
6. A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
7. If a complaint is found to be well founded by the trader, the trader will, at their discretion, either replace or repair the products delivered free of charge.

Article 15 - Disputes

1. Contracts between the trader and the consumer to which these terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or differing provisions

Additional provisions, or provisions differing from these terms and conditions, may not be to the consumer's detriment and must be recorded in writing, or in such a way that the consumer can store them in an accessible manner on a durable medium.