Terms and Conditions

Terms and Conditions of Sale

ARTICLE 1
Definitions
In these Terms and Conditions the following terms shall have the following meanings:
Buyer: Corresponding party to the purchase contract with HEELS ON FIRE.
Customer: The natural person not acting in the exercise of his profession or business.
Customer Contract: Purchase contract between HEELS ON FIRE and Customer.
Distance Contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication and Customer is based in the EU.
Right of withdrawal: the option for EU-based Customers to withdraw from the distance contract within the reflexion period.

ARTICLE 2
Merryl Tielman – MERRYL TIELMAN BAGS – HEELS ON FIRE
MERRYL TIELMAN BAGS is a trading name of the company HEELS ON FIRE owned by Merryl Tielman.
HEELS ON FIRE is registered at the chamber of commerce in Amsterdam, The Netherlands with number 34334292.
VAT identification number: NL001530892B22.
E-mail address: info@merryltielman.com ; merryl@merryltielman.com ; info@merryltielman.nl.

ARTICLE 3
The offer / the product

a   If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer. All orders are subject to availability.
b   The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Customer to assess the products and/or services adequately. MERRYL TIELMAN BAGS makes every endeavour to ensure that the colours you see on the website correspond as much as possible to the actual products. Due to technical constraints, colours may not always be exactly the same.
c   Obvious errors or mistakes in the offer are not binding for MERRYL TIELMAN BAGS.

ARTICLE 4
The contract

a   The contract takes effect from the moment Buyer has accepted the offer and fulfilled the terms and conditions set therin.
b   In case Customer accepted the offer via electronic means, MERRYL TIELMAN BAGS shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Customer may repudiate the contract.
c   MERRYL TIELMAN BAGS is lawfully entitled to refuse an order or request.
d   MERRYL TIELMAN BAGS shall send the following information along with the product or service, in writing or in such a way that the Customer can store it in an accessible manner on a long-term data carrier:

ad d.1   the visiting address of the Entrepreneur’s business establishment where the Customer may get into contact for any complaints;
ad d.2   the conditions on which and the way in which the Customer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
ad d.3   the information corresponding to existing after-sales services and guarantees;

ARTICLE 5
Returns and exchanges / Right of withdrawal

a   When purchasing products, the EU-Customer has the option to withdraw from the contract without specifying any reasons for a period of 14 days (reflexion period). This period starts on the day the product is received by or on behalf of the EU-Customer. After expiry of the reflexion period the purchase agreement will come into force.

b   During this period, the EU-Customer shall handle the product and the packaging with care. The EU-Customer shall only unpack or use the product to the extent necessary to judge whether he or she wishes to keep the product. If wishing to exercise the right of withdrawal, the Customer shall return the product with all delivered accessories in an unused, complete and, as far as reasonably possible, in the original condition and packaging and with the label on to MERRYL TIELMAN BAGS in conformity with the instruction given by MERRYL TIELMAN BAGS.
c   All other Customers may exchange items for a different item, however all exchanges are based on stock availability. Shipping costs will be charged on the replacement item (note: not on the originale item of purchase!). Bare in mind that you will need to pay taxes and duties on this, if you are based outside the EU.

ARTICLE 6
Costs in case of withdrawal 

a   Should the Customer exercise the right of withdrawal, only the returning costs are at the Customer’s expense.
b   If the Customer has made a payment MERRYL TIELMAN BAGS shall return this amount as soon as possible, but within not more than 30 days after receipt of the returned items by MERRYL TIELMAN BAGS.

ARTICLE 7
The price

a   All prices are quoted in euros (€), inclusive of applicable VAT in the Netherlands and inclusive shipping costs. Countries outside the European Union might demand an additional VAT and import duty that has to be payed at delivery. These import conditions/duties differ per country, to be payed by the Customer.
b   The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, except in cases due to a raise of applicable VAT.
c   MERRYL TIELMAN BAGS reserves the right to change the prices and specifications without prior notification.
d   The prices on the website and specifications without prior notification.

ARTICLE 8
Delivery and execution
a   MERRYL TIELMAN BAGS shall exercise the best possible care when booking and when executing product orders.
b   The place of delivery is at the address given by the Customer to MERRYL TIELMAN BAGS or in case of absence the local postoffice.
c   MERRYL TIELMAN BAGS shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Customer shall be informed about this within one month after ordering. In such cases, the Customer is entitled to withdraw from the contract free of charge.
d   In the event of repudiation under the preceding paragraph, MERRYL TIELMAN BAGS shall return the payment made by the Customer as soon as possible but at least within 30 days after withdrawal.
e   If delivering an ordered product turns out to be impossible, MERRYL TIELMAN BAGS shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. Customer may refuse this replacement with giving notice within 14 days after the foresaid notice.
f   MERRYL TIELMAN BAGS will pay for shipment and shipment insurance.
g   Incoterms CIP: delivery is confirm CPT (Carriage and Insurance Paid To), unless explicitly agreed otherwise. MERRYL TIELMAN BAGS takes great care in packaging and sending the sold item safely. MERRYL TIELMAN BAGS is not responsible for the risk of loss of and/or damage to goods, once handed over to the executioner of shipment aka at the point where the goods are taken in charge by a carrier.

ARTICLE 9
Conformity and Guarantee / Complaints 

a   MERRYL TIELMAN BAGS guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
b   All specifications, models and pictures with regard to the products are indications. Minor differences with regard hereto cannot give ground to justified claims.
c   Customer shall check the product directly after receipt. Complaints about the performance of the contract shall be submitted to MERRYL TIELMAN BAGS in writing, fully and clearly described at the latest within 14 days after the Customer has received the product.
d   MERRYL TIELMAN BAGS shall reply to the complaints within a period of 7 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, MERRYL TIELMAN BAGS shall respond within 14 days with a notice of receipt and an indication when the Customer can expect a more detailed reply.
e   In case of justified defects MERRYL TIELMAN BAGS shall either replace the product, repair the defect or shall return the purchase price, at her sole judgment.

ARTICLE 10
Payment
a   Unless otherwise agreed, the amounts to be paid by the Customer are to be settled before delivery of the goods.

b   The Customer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details.
c   In case of nonpayment on the part of the Customer, the Entrepreneur is entitled to cancel the sale of the goods.

ARTICLE 11
Disputes
a   Contracts between MERRYL TIELMAN BAGS and the Customer, to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
b   Any and all disputes in relation with these terms and conditions shall be under the exclusive competence of the competent court in Amsterdam, the Netherlands.