Terms & Conditions | Mod Clothing & Mod Fashion | Merc Clothing

Terms & Conditions

General

Merc-clothing.eu reserves the right to revise prices and details at any time without notice. All items are subject to availability. A refund will be given where you have already paid for an item.

Colour accuracy on the website cannot be guaranteed, and will vary depending on the resolution and screen type of your computer.

All design, text and imagery on Merc-clothing.eu is the copyright of Merc Ltd. All brand names, product names and titles used in this site are trademarks or trade names of Merc Clothing Ltd. No permission is given in respect of use of any of the above. The site may not be altered in any way or re-published without permission.

All matters concerning and incidental to any offer or agreement for the purchase and sale of goods from Merc.com shall be governed by English law and the English courts shall have jurisdiction in all such matters.

Merc Ltd reserves the right to refuse to supply any individual or company.

Merc.com is operated by Merc Clothing Ltd, registered at 15A, Hanover Street, Mayfair, London, W1S 1YJ. Vat Registration No. GB 814664915. Company Registration No. 04143968 England.

These terms and conditions apply to all transactions on the Merc.com and Merc-clothing.eu website. Merc Limited may change these terms from time to time without notice. Changes will apply to any subsequent orders received.

These terms and conditions do not in any way affect your statutory rights.

Returns Procedure

The goods must be returned unused, in the same condition as received and if possible with all packaging within 60 days from order date for an exchange or refund as required. Merc reserves the rights to refuse a refund or exchange if the goods returned are deemed to have been damaged, worn or tampered with. This does not affect your statutory rights.

Please enclose the dispatch note inside the parcel explaining the reason for the return, stating exactly whether you require a refund or exchange. Pack the parcel securely and return the package to Merc via the Post Office and for your protection we advise that you obtain a 'Proof of Posting Certificate'. Please do not use a courier service.

Please try the shoes on a carpeted surface before wear.

Shoe boxes should be returned in the original outer packaging in order to ensure they are protected from damage, as they are considered part of the product, and your return may not be accepted if the box is damaged.

Where provided, belts and any packaging such as authenticity cards, dust bags and leather tags should be included with your return.

Returns Address:

Merc Clothing Ltd - Mail Order Department
Unit 2 Royal London Estate
29-35 North Acton Road
NW10 6PE
UK

If you are returning an item because of an error on our part or because it is faulty, we will be happy to refund the costs incurred in sending it back to us. As a standard procedure, this happens only once we receive the garment back from you and our production team confirms that there is a manufacturing fault. Otherwise, you will be responsible for those charges.

Please note that items that are damaged because of normal wear and tear are not considered faulty.

Registration

To use some of the services or features made available to you on this Site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail addresscustomerservice@merc.com. You may also want to view our Privacy Policy. We may change registration requirements from time to time.

Eligibility to Purchase

In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the Merc’s terms of eligibility, who have been issued a valid credit card by a bank acceptable to Merc, whose applications are acceptable to Merc and who have authorised Merc to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. Merc reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where Merc feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. Please refer to our Privacy Policy for further information about how we use your data.

Orders

All orders are subject to acceptance and availability.

Merc offers products for sale that are in stock and available for dispatch from our distribution centre.

Please note that items in your shopping basket are not reserved and may be purchased by other customers.

Pricing Policy

Prices shown on the Site are in Euro’s.

All prices and offers remain valid as advertised from time to time. The price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.

Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you; we recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

Sale Price Adjustment Policy

We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.

Acceptance of your Order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and Merc will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Payment

Payment can be made by Visa, Visa Electron, MasterCard, Delta, Maestro debit cards and any other methods which may be clearly advertised on Merc-clothing.eu from time to time. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Merc, we will not be liable for any delay or non-delivery.

We take all reasonable care to make our web site secure. All credit card transactions on this site are processed using Secure Trading, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Merc user, these details will be fully encrypted and only used to process card transactions which you have initiated.

Insurance and Delivery

Merc insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Merc.

Receiving a Refund

Your refund will be credited to the original purchaser's credit card account and will exclude shipping costs (with the exception of faulty items) which we deduct to cover the cost of our collection service. This can take up to ten days to process.

Intellectual Property Rights

Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described in the Content section below), including Merc Software and all HTML and other code contained in this Site. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Merc and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

Content

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Merc tries to ensure that the information on this site is accurate and complete. Merc does not promise that Merc’s Content is accurate, error-free. Merc does not promise that the functional aspects of the Site or Merc’s Content will be error free or that this Site, Merc Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

No Commercial Use

This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

Your Activity

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

Third Party Sites

We may include hyperlinks on this Site to other websites or resources operated by parties other than Merc, including advertisers. Merc has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

Your Rights

You have certain rights under the law. These include, in England:

  • That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site; 

  • Certain remedies if a product is defective;
  • A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.

Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

Limits on our Liability

We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.

Nothing in the TOS is intended to affect your rights under the law (see "Your Rights" above).

If Merc breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Merc at the time of you placing your order, and Merc despatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events which beyond our reasonable control.

Compensation

At our request, you agree to compensate us fully, defend us and hold us Merc harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

Our Relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Merc as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Merc, and we shall not be liable for any representation, act, or omission on your part.

No Waiver

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

Governing Law

The TOS together with all our policies and procedures will be governed by and construed in accordance the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.

Gift vouchers terms & conditions

  1. Merc.clothing.eu gift vouchers may only be redeemed on-line at www.merc.com (Merc.com) and are not redeemable in store.
  2. Gift vouchers cannot be used to pay for gift vouchers.
  3. Gift vouchers have no cash redemption value and are not transferable or assignable.
  4. If the order exceeds the amount of the gift voucher, the balance must be paid by credit or debit card.
  5. Gift vouchers and unused portions of Gift vouchers expire 6 months from the date of issue, where permissible under applicable law.
  6. Standard Merc-clothing.eu terms and conditions of purchase and use of the Merc-clothing.eu website apply.
  7. Only one gift voucher may be redeemed against an order.
  8. Merc-clothing.eu is not responsible if a gift voucher is lost, stolen, destroyed or used without permission.