Section 1 - Definitions
In these terms and conditions, the following definitions will apply:
Reflection period: the period in which the consumer can exercise his right of cancellation; Consumer: the natural person who does not act as part of an occupation or business who communicates with the merchant in a remote contract;
Duration transaction: a remote contract referring to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that allows a consumer or merchant to store information personally addressed to him in a way that allows for future consultation and unaltered reproduction of the stored information.
Right of cancellation: the possibility of the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to remote consumers; Remote contract: an agreement according to which, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, and until the conclusion of the agreement, one or more remote communication techniques will be used exclusively;
Remote communication technique: a means that can be used to conclude an agreement, without the consumer and the developer meeting in the same room at the same time. General regulations: the current terms and conditions of the developer.
SECTION 2 - IDENTITY
TRADIE EVOLVE DIGITAL SERVICES PTY LTD
Email: support@merinaboutique.com
Address: 774 Glenferrie Rd, Hawthorn VIC 3122, Australia
Section 3 - Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every remote contract and order concluded between an entrepreneur and a consumer.
Before a remote contract is concluded, the text of these general terms and conditions will be available to the consumer. If this is not reasonably possible, before concluding the remote agreement, it should be noted that the general conditions can be reviewed on the entrepreneur's territory and they will be sent free of charge to the consumer as soon as possible upon request. If the remote contract was concluded electronically, notwithstanding the previous paragraph and before concluding the remote contract, the of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer. in a simple way on a durable data carrier. If this is not reasonably possible, before concluding the distance contract, it will be indicated where the general conditions can be checked electronically and that they will be sent electronically or at no other charge at the consumer's request.
B- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third sections shall apply with the required changes, and in the case of conflicting general terms and conditions, the consumer may always rely on the relevant provision that is the most convenient for him.
If one or more provisions of these General Terms and Conditions are repealed or repealed at any time in whole or in part, this Agreement and these Terms and Conditions will otherwise remain in effect and the provision concerned will be replaced without delay by mutual agreement with a provision that comes as close as possible to the original purpose.
Situations not provided for in these general terms and conditions must be evaluated "in the spirit" of these general terms and conditions.
Uncertainty about the interpretation or content of one or more terms of our terms and conditions must be interpreted 'within the spirit' of these general terms and conditions.
Section 4 - The offer
If the offer has a limited validity period or is given subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The developer is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow a proper evaluation of the offer by the consumer. If the promoter uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the proposal do not bind the developer.
All the photos, specifications and data in the offer are indicative and cannot be grounds for compensation or the dissolution of the agreement.
Images of products are real representation of the products offered. The operator cannot guarantee that the colors shown correspond exactly to the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are involved in accepting the offer. This specifically concerns:
price, not including customs clearance costs and import VAT. These additional costs will be at the customer's expense and responsibility. The postal and/or courier service will use the special regulation for postal and courier services with regard to imports. This program applies if the goods are imported to the country EU destination, which is the case in the present case. The postal and/or courier service collects the VAT (whether or not together with the customs clearance fees charged) from the recipient of the goods;
any shipping costs;
the way to conclude the contract and what actions are required for this; whether or not the right of withdrawal applies;
The manner of payment, delivery and performance of the agreement;
The period for accepting the offer, or the period in which the merchant commits to the price;
The level of the remote communication rate if the costs of using the remote communication technique are calculated on a different basis than the normal basic rate of the means of communication used;
Is the agreement sent to the archive after its conclusion and, if so, the manner in which it can be consulted by the consumer;
The way in which the consumer can, before concluding the contract, check and, if necessary, correct the data provided by him as part of the contract;
any language other than English in which the contract may be concluded;
the codes of conduct to which the merchant is subject and the way in which the consumer can review these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a period transaction.
Optional: available sizes, colors, type of materials.
Section 5 - The agreement
Subject to what is stated in section 4, the agreement is concluded as soon as the consumer accepts the offer and fulfills the conditions stipulated in it.
If the consumer received the offer electronically, the merchant will immediately confirm receipt of the offer electronically. As long as receipt of this receipt has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the developer will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure Internet environment. If the consumer can pay electronically, the entrepreneur will maintain appropriate security measures.
The entrepreneur can - within a legal framework - inform himself whether the consumer can meet his payment obligations, as well as all the important facts and factors for the responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has a good reason not to enter into the agreement, he may refuse an order or request or attach special conditions for performance with reasons.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in a way that can be stored by the consumer in an accessible form on a durable data carrier:
the visiting address of the entrepreneur's establishment where the consumer can submit complaints;
The conditions under which and the way in which the consumer can exercise the right of cancellation, or, as the case may be, clear information about an exemption from the right of cancellation;
the information on existing guarantees and services after the sale;
The data contained in Article 4, Section 3 of these terms and conditions, unless the merchant has already provided the consumer with this data before the execution of the contract;
Requirements for terminating the agreement if the agreement lasts more than a year or an unlimited period of time.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is made subject to sufficient availability of the relevant products.
Section 6 - Right of cancellation
in the purchase of products, the consumer has the option to dissolve the agreement without reason for a period of 14 days. This reflection period begins the day after the product is received by the consumer or a representative determined in advance by the consumer and notified to the developer.
During the reflection period, the consumer will handle the product and its packaging with care. He will unpack or use the product only to the extent necessary to evaluate whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all the accessories delivered and if possible - in the original condition and packaging, in accordance with the reasonable and clear instructions given by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days, after receiving the product. The consumer must notify this via a written message/email. After the consumer has announced that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, e.g. via proof of delivery.
If the customer did not express his intention to use his right of withdrawal or did not return the product to the developer after the end of the periods mentioned in sections 2 and 3, the purchase is a fact.
Section 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products will apply to the consumer.
If the consumer has paid an amount, the entrepreneur will return this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the developer or conclusive evidence of a full return can be presented.
Section 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal regarding products as described in section 2 and 3. The denial of the right of withdrawal is valid only if the merchant has clearly indicated this in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products
manufactured by the developer according to the consumer's specifications;
of a clearly personal nature
that cannot be returned due to their nature;
that deteriorate or become obsolete quickly;
whose price is subject to fluctuations in the financial market beyond the developer's control;
for individual newspapers and magazines;
For audio and video recordings and computer software whose seal has been broken by the consumer. for hygienic products that the consumer has broken their seal.
Exclusion of the right of withdrawal is possible only for services
related to accommodation, transportation, restaurant or leisure activities that will be performed on a certain date or during a certain period;
His delivery began with the express consent of the consumer before the end of the withdrawal period;
Regarding gambling and lotteries.
Section 9 - The price
During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are not under the control of the entrepreneur, at variable prices. This link to fluctuations and the fact that all mentioned prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of regulations or statutory instructions. and:
are the result of legal regulations; or
the consumer is authorized to terminate the contract on the day the price increase takes effect.
In accordance with Article 5(1) of the turnover tax law, the place of delivery takes place in the country where the transport begins to the European Union. The postal or courier service will then charge the customer import VAT or clearance fees. As a result, VAT will not be charged by the developer.
All prices are subject to printing errors. You will not be held responsible for the consequences of printing errors and typographical errors. In case of printing and determination errors, the developer is not obligated to provide the product at the incorrect price.
Section 10 - Compliance and responsibility
The merchant undertakes that the products and/or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the provisions of the law and/or government regulations existing at the time the contract is concluded. If agreed, the merchant also undertakes that the product is suitable for non-ordinary use.
A guarantee given by the merchant, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the merchant on the basis of the agreement.
Any defective or incorrectly delivered product must be reported to the developer in writing within 14 days of delivery. The return of the products must be in the original packaging and in new condition. The developer's guarantee period corresponds to the factory's guarantee period. However, the developer is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
the consumer repaired and/or changed the delivered products himself or had them repaired and/or changed by third parties;
The delivered products were exposed to abnormal conditions or were otherwise handled carelessly or contrary to the instructions of the developer and/or the packaging;
The defect results in whole or in part from regulations that the government has established or will establish regarding the nature or quality of the materials used.
Section 11 - Delivery and execution
The company will take the utmost care when accepting and executing product orders.
The place of delivery is the address that the consumer informed the company.
While maintaining what is stated in section 4 of these general conditions, the company will make acceptable orders quickly but within 30 days at the latest, unless the consumer has agreed to a longer time. Delivery period. If delivery is delayed, or if an order cannot or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
In case of liquidation in accordance with the previous paragraph, the entrepreneur will return the amount paid by the consumer as soon as possible, but at the latest within 14 days after the liquidation.
If the delivery of an ordered product turns out to be impossible, the promoter will make an effort to provide an alternative article. With the delivery at the latest it will be clearly and clearly indicated that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be waived. The cost of each return shipment will be borne by the developer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and known to the entrepreneur, unless expressly agreed otherwise.
Section 12 - Duration Transactions: Duration, Termination and Extension
Termination
The consumer may terminate an open contract concluded for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month.
The consumer may terminate a contract for a fixed period concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed period, subject to the agreed termination rules and a notice period that does not exceed one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
to terminate at any time and not to be limited to termination at a certain date or during a certain period;
at least to finish them in the same manner in which they were recorded by him;
to always end in the same notice period as the developer set for himself.
Extension
A fixed-term contract entered into for the regular supply of products (including electricity) or services for a fixed period may not be tacitly extended or renewed.
Notwithstanding what is stated in the previous paragraph, a contract for a fixed period concluded for a regular supply of daily or fortnightly newspapers and magazines can be tacitly renewed for a fixed period not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
A contract for a fixed period concluded for the regular supply of products or services may be tacitly extended for an unlimited period only if the consumer may terminate it in any case with a notice period not exceeding one month and a notice period not exceeding three months in the case that the contract refers to the regular supply, but less than once a month, of daily or weekly newspapers and magazines.
A contract with a limited duration for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) does not continue in silence and ends automatically at the end of the trial or introductory period.
Duration of the contract
If the validity of a contract is more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless reasonableness and fairness require termination before the end of the contract. Agreed duration.
Section 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as mentioned in section 6 section 1. In the case of an agreement to provide a service, this period begins after the consumer has received approval of the agreement.
The consumer has the duty to immediately report any inaccuracies in the payment details provided or specified to the entrepreneur.< br>In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to recover the reasonable costs provided in advance to the consumer.
Section 14 - Complaints procedure
Complaints about the implementation of the agreement must be submitted to the entrepreneur within 7 days with a full and clear description, after the consumer has found the defects.
Complaints submitted to the developer will be answered within a period of 14 days from the date of their receipt. If a complaint requires a longer expected processing time, the developer will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises subject to the dispute resolution procedure.
A complaint does not suspend the promoter's obligations, unless the promoter has stated otherwise in writing.
If a justified complaint is found by the promoter, the promoter, at his discretion, will replace or repair the delivered products free of charge.
Section 15 - Disputes
on agreements between the developer and the consumer to which these general conditions apply, Australian law only applies. Even if the consumer lives abroad.