TERMS AND CONDITIONS FOR MERCIDANDY ESHOP

OVERVIEW

This website is operated by Merci Dandy Eshop. Throughout the site, the terms “we”, “us” and “our” refer to Merci Dandy Eshop. Merci Dandy Eshop offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site 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 timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic 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 descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant 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 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.


SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site 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 and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain 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 e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any 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 without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (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 based on gender, 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 type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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 that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall MD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, 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 any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Merci Dandy Eshop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Wyndham street, HONG KONG , , Hong Kong.


SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@mercidandy.com.

TERMS AND CONDITIONS FOR MERCIDANDY BOX

Thank you for joining MERCI DANDY. This document (alongside with the document referred to on this document) tells you the terms and conditions associated with the use of our website, www.mercidandy.com and our service.

By using our website and/or purchasing our products and service, you agree to be bound by these terms and conditions. By failing to accept these terms and conditions, you will be unable to use our website and/or order any product from our site. We reserve the right to change the terms and conditions under wich the website and the goods are provided.

 

 

2. Scope of applicability

 

2.1. The following Terms & Conditions (T&C) are applying for the use of the website www.mercidandy.com and for the contracts concluded through mercidandy.com. Deliveries and services of MERCI DANDY BOX will be performed exclusively in accordance with this T&C.

2.2. These T&C exclusively bind and authorize the consumer. A consumer, as defined by the below-mentioned regulation is every natural person entering into an agreement for reasons which are predominantly of neither commercial nor self-employed character.

 

 

3. Variations

 

3.1. We have the right to revise and amend these T&C from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, change in relevant laws and regulatory requirements and changes in our system’s capabilities. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.

3.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us.

 

 

4. Our service

 

4.1. MERCI DANDY Box is an online service provider which enables interested parties to provide individual information about their person and taste in men’s fashion within the context of a questionnaire or phone call. Based on this information about the consumer, MERCI DANDY Box  assembles an outfit for the consumer which consists of several items of clothing, and sends this outfit to the consumer. The responsibility of assembling the outfit lies exclusively with MERCI DANDY Box 

4.2. After receiving the articles, a contract of purchase is validated only when the consumer accepts the articles (Article 6. Conclusion of contract). The consumer thereby agrees, that MERCI DANDY Box will assemble an individual selection of clothes for him, and send it to him. The consumer agrees that he will not know, in advance, the clothes and accessories that he will receive.

 

 

5. Registration at MERCI DANDY

 

5.1. For usage of MERCI DANDY’s Internet-based services it is necessary to register with MERCI DANDY’s Box  online system. The consumer must enter a valid email address when registering and must set a password. It is the consumer’s sole responsibility to make sure that no rights of others are violated in this process. The consumer is obliged to keep his personal login credentials confidential and prevent unauthorized third parties from accessing them.

5.2. Registration is free of charge. A right to membership at MERCI DANDYBox  does not exist. MERCI DANDY Box can tie the registration to additional requirements (e.g. data check). The consumer is obliged to disclose the given information accurately and in due form when registering. While holding an active membership at MERCI DANDY, changes to the given data must be disclosed without delay or solicitation on the part of MERCI DANDY Box . Regardless of successful registration, no legal claim for usage of the services offered inherently exists.

5.3. The consumer is obliged to provide an email address to MERCI DANDY Box . MERCI DANDY Box is entitled to send relevant statements for the consumer to this email address unless a more binding form of communication is legally or contractually specified.

5.4. The consumer authorizes MERCI DANDY Box to contact him for the settling of a contract via phone or any other means of communication.

5.5. The consumer is only authorized to use the Internet-based services provided by MERCI DANDY via the usual programs (Internet browsers) or via software provided by MERCI DANDY if need be. Improper usage is, in particular, access via automated software (e.g. scripted programs). This applies especially if the software in use serves for generating or claiming specific data.

5.6. It is prohibited to copy or otherwise make use of content from MERCI DANDY Box ’s web pages without prior approval by MERCI DANDY Box .

 

 

6. Conclusion of contract

 

6.1. The website as such, particularly the presentation of goods on mercidandy.com, does not constitute a binding offer of MERCI DANDY Box .

6.2. On the basis of the personal data that the consumer enters in the MERCI DANDY Box online system, MERCI DANDY Box shall select various goods and send them to the consumer. The selection of the goods is at the sole discretion of MERCI DANDY. The consumer has no entitlement to be sent particular products. The consumer will be sent, per order, goods with a maximum value of HKD 15,000. The price of each item will be listed on a delivery note. The consumer therefore explicitly grants MERCI DANDY Box a unilateral performance determination right. The personal data can be entered by the consumer during a telephone appointment with a style consultant, or alternatively by telephone, by sending an order through a questionnaire uploaded onto the MERCI DANDY Box website without a telephone consultation or also by sending a text message or e‑mail to MERCI DANDY. The consumer shall receive, according to his/her order request, a confirmation by MERCI DANDY Box of the dispatch of the goods either by e-mail or in writing. MERCI DANDY reserves the right to refuse consumer’s offers without stating reasons for doing so. Mailing a confirmation by MERCI DANDY Box does not constitute an acceptance of this purchase offer. It only serves as a confirmation of receiving the order. The offer is accepted by MERCI DANDY Box only when MERCI DANDY Box dispatches the articles.

6.3. The sending of the goods after the consumer has declared his/her consent to it constitutes MERCI DANDY Box ’s offer to conclude a purchase contract with regard to the dispatched fashion articles at the specified price, a maximum of HKD 15,000. When the package of goods is accepted by the consumer or by a third party authorised or tolerated by him/her the offer will be deemed to have been accepted.

6.4. The purchase contract closed according to paragraph 6.2 & 6.3 becomes binding when the consumer declares his acceptance of the delivered articles to MERCI DANDY Box within 5 (five) days after receiving them (‘period of endorsement’ or ‘trial period’). Articles which are not returned by the consumer to MERCI DANDY Box within the period of endorsement count as accepted. Remaining silent counts as acceptance. Articles which the consumer doesn’t wish to retain can be returned within the period of endorsement free of charge and without limitations. The consumer is asked to use the enclosed return form.

 

 

7. Trial of the clothes & accessories

 

7.1. The buyer has a period of 5 (five) calendar days from receipt of the box clothes & accessories to try the clothes & accessories (‘period of endorsement’ or ‘trial period’). If the trial period expires on a Sunday or holiday, it is extended to the next working day.

7.2. The trial period is for permit the consumer to test the products to determine if he wants to keep them or not. It is prohibited for the consumer to wear or use the products he intends to return to MERCI DANDY Box during the period of endorsement.

7.3. The consumer is solely responsible for any damage that would be caused to the products during the trial period. He must return to MERCI DANDY Box the items he doesn’t want to keep after the period of endorsement in the manner below.

 

 

8. Delivery and returns

 

8.1. Any product that is not returned to MERCI DANDY Box in the period of endorsement (article 7), counts as accepted by the consumer.

The return right during the endorsement period can’t be used if the products are untagged, worn or damaged.

Any product that is untagged, damaged or contains traces returned to MERCI DANDY Box will be considered as purchased by the consumer and will be returned to him. The prices of the products and the prices of the shipping will be charged to the client in accordance with article 10.

8.2. Delivery, as well as returns of articles, is free of charge for the consumer. Delivery of articles is generally carried out within 2 to 3 working days after MERCI DANDY Box has accepted the offer by the consumer, that is from the time the articles are shipped respectively after confirming the order via email.

8.3. MERCI DANDY Box currently delivers to Hong Kong only.

The goods will be delivered to the address that was specified when the membership was established or when the order was placed. If the recipient’s address is stated incorrectly, the consumer shall bear the additional costs incurred. The same applies if the goods cannot be delivered.

8.4. The buyer has a period of 5 (five) calendar days from receipt of the box to return the box.

If the period of endorsement expires on a Sunday or holiday, it is extended to the next working day.

8.5.  MERCI DANDY Box utilises various shipping companies. It is the responsibility of the consumer upon receipt of the trunk, to check that all products listed in the recapitulatory note are contained therein. The consumer must immediately report any missing product or damage. It is also required to inform MERCI DANDY Box without delay if he/she finds that the mail has been opened or damaged.

8.6. Consumers are asked to use the enclosed return ticket when returning a package. MERCI DANDY Box only accepts returned articles which are being returned with original labels and which are not damaged.

 

 

9. Reservation of property rights

 

Articles sent by MERCI DANDY Box remain the property of MERCI DANDY Box until complete settlement of the account balance.

 

 

10. Purchase prices and payment term

 

10.1. When the goods are delivered, the consumer shall receive a delivery note with a price-list for all the delivered goods. The prices specified will be final prices, including all price components and all payable taxes. No additional costs will be charged for the shipment.

10.2. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible, and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.

10.3. After expiration of the period of endorsement according to article 7, MERCI DANDY Box will prepare a digital invoice with the total payable amount for the accepted articles to be sent to the consumer via email.

10.4. Payment of the invoiced amount is due five days after receiving the invoice.

10.5. MERCI DANDY Box provides different methods of payment to the consumer. The consumer can, before ordering, find all information on accepted methods of payment at any time on the website.

10.6. MERCI DANDYBox conducts, after an order has been placed, a solvency check. Within the limits of legal regulations and taking into consideration the relevant interests that need to be protected, we will transfer personal data to the credit agency. We will transfer, name and birthdate of the consumer, along with address data.

10.7. All data-related operations (e.g. collection, processing, and transfer) are conducted according to legal regulations. Data relevant to business transactions are stored and forwarded to service providers entrusted by us when required, for the processing of orders.

 

 

11. Guarantee and liability limitation

 

11.1. All content, products and services on the site, or those obtained from a website to which the site is linked (a “linked site”) are provided to you “as is” without any guarantees or warranty. In connection with all content, products and services on this site, MERCI DANDY Box gives no warranties of any kind, either express or implied including, but not limited to, the implied, warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Use of the product by a user is at the user’s risk.

11.2. MERCI DANDY Box shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages that result from the use of, or the inability to use, the materials and services on this site or the performance of its products.

 

 

12. Data protection

 

Collection, processing and the storage of data is exclusively done in accordance with the guidelines provided the Hong Kong law. For more information concerning the consent of the consumer and regarding the collection, processing, and usage of data, please refer to the Privacy section which can be accessed on MERCI DANDY Box ’s website at anytime, via the menu item ‘Privacy policy’.

 

 

13. Transferral of rights and obligations to third parties

 

MERCI DANDY Box is authorised to transfer any rights and obligations resulting from the contract in full or in part onto third parties. In the case of such a partial or full transfer of rights and obligations onto a third party, the consumer is entitled to cancel the contract at the time of handover.

 

 

14. Severability Clause

 

These Terms and Conditions remain valid for all remaining items in the event that individual paragraphs become ineffective. Statutory provisions replace any existing ineffective paragraphs. In the case that this constitutes an unreasonable hardship for one of the parties, the terms and conditions become invalid as a whole.

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