Terms and conditions of use

Terms and Conditions of the MERLY Online Store

§ 1 Subject Matter

These terms and conditions specify the rules for ordering goods in the MERLY online store.

§ 2 Glossary

The terms used in these Terms and Conditions shall mean:

  1. Password - a string of characters chosen by the Client, allowing for the Client's authorization and access to and use of the Account,
  2. Client – an entity making purchases through the online store,
  3. Client being a consumer (also referred to in these Terms and Conditions as a consumer) – a Client who enters into a contract for a purpose not directly related to their professional or business activity,
  4. Civil Code - the act of April 23, 1964, the Civil Code,
  5. Account – an individual account of the Client in the electronic system, maintained and managed by the Seller,
  6. Account Deletion – the permanent removal of the Account and the Client's data provided during registration,
  7. Login - the Client's individual designation used to access and use the Account, which is the Client's email address,
  8. Login – the act of entering the Client's login and password to access and use the Account,
  9. Registration – the process enabling the collection of data about the Client, assigning them a login and password, and creating an Account,
  10. Seller – BFC TRADING SOLUTIONS LTD, located at 85 Great Portland Street W1W 7LT, London, VAT No: GB327628290000 , Company No. 09676587, info@merly.eu
  11. Online Store – the store operated by the Seller via the website https://merly.com/,
  12. Consumer Rights Act - the act of May 30, 2014, on consumer rights,
  13. Copyright Act - the act of February 4, 1994, on copyright and related rights.

§ 3 Copyrights

  1. The website of the online store is a work within the meaning of the Copyright Act, and all copyright belongs exclusively to the Seller.
  2. The Seller declares that all materials posted on the website of the online store, including textual, photographic, graphic materials, and their layout, constitute the intellectual property of the Seller or third parties.
  3. The Seller excludes the possibility of copying, duplicating, modifying, distributing, or other forms of commercial use of the materials owned by the Seller mentioned in paragraph 1, without the prior written consent of the Seller.

§ 4 Technical Requirements

  1. To use the online store, the Client is required to have:
    • a computer or other terminal device with access to the Internet and a web browser,
    • an email address,
  2. Additionally, to use the online store, the Client is required to enable short text information called "cookies" (hereinafter: "cookies"). Disabling cookies prevents the Client from fully using the online store.

§ 5 Access to Content and Use of the Store

  1. Browsing the content available within the online store does not require any registration and/or account creation by the Client.
  2. To place orders, it is necessary to fill out the order form or create an account.
  3. As part of the use of the online store, the Seller enables the following types of services:
    • searching and browsing data on the current assortment of the Seller,
    • creating an Account,
    • concluding a sales contract via the Internet through the order form or Account.

§ 6 Registration and Account Creation. Account Deletion

  1. The Client may register within the online store and create an Account.
  2. In the case of creating an Account:
    • The Client may use the services available within it,
    • The Client has access to the panel, including the Client's transaction history and the ability to update the Client's data,
    • The Client may use promotions intended exclusively for Account holders,
    • Using it by the Client is free of charge.
  3. Registration is a one-time process.
  4. Registration and deletion of the Client's account are free of charge.
  5. Registration is carried out at https://merly.eu/ by correctly filling out the registration form and after reading and accepting the content of these Terms and Conditions.
  6. During registration, the Client provides the following data: first name, last name, email address. After creating an account, the Client can enter additional data, such as address, phone number, company name.
  7. Providing the Client's data is voluntary but necessary to register and create an Account.
  8. During registration, the Client is required to provide a login (which is the email address) and a password.
  9. To protect the Account, the Client is obliged not to disclose the password to third parties, and in the event of disclosure, the Client should immediately change the password. Additionally, the Client is required to have up-to-date antivirus software installed on the terminal device. The Seller is not liable for any damages resulting from the failure to fulfill this obligation.
  10. The data provided by the Client during registration should be updated by the Client. Data updates should be made by changing the relevant data on the Account. The Seller is not responsible for the consequences of the Client's failure to update the data.
  11. After completing the registration, the Client may separately consent to receive informational, advertising, and promotional content related directly to the Store or other services of the Seller (subscribing to the newsletter). In such cases, the Seller informs the Client about current promotions via email correspondence.
  12. The Client is entitled to delete their Account at any time.</
  13. To delete an Account, it is necessary to send a request to the Seller at info@merly.eu. The Seller will promptly delete the Client's Account.

§ 7 Orders. Conclusion of the Contract

  1. The Client orders goods by filling out the order form available on the website of the online store. The Client who logs into the Account, within which their data is completed, does not need to provide their order data, as it will be automatically loaded.
  2. By placing an order as specified in paragraph 1, sentence 1, the Client, after selecting the type and quantity of the ordered goods and adding them to the cart, provides the following data in the order form: first name, last name/Client name, company (optional), email address, phone number, and the address where the order is to be fulfilled.
  3. By placing an order as specified in paragraph 1, sentence 2, the Client provides the following data in the order form: type and quantity of the ordered goods.
  4. The Client may place an order after reading and accepting the content of these Terms and Conditions.
  5. The contract is concluded upon placing the order as specified in paragraph 1. No later than upon the conclusion of the contract, the Seller will send the Client an email confirmation of the order and the content of these Terms and Conditions.

§ 8 Delivery Methods. Payments

  1. The Seller offers delivery of goods via courier.
  2. The Client can use the following payment methods:
    • traditional bank transfer,
    • blik,
    • via the STRIPE service - the Client is automatically redirected to the STRIPE service website and then makes the payment following the service's terms of service,
    • PayPal
  3. The operator of the payment is responsible for the correct execution of the payment made as specified in paragraph 2.
  4. The date of payment for the goods is considered to be the crediting of the Seller's account.
  5. All prices listed on the online store's website may be expressed in different currencies, depending on the currency in which the Client will pay. They are gross prices and include VAT.
  6. The prices listed on the online store's website do not include delivery costs. These costs are provided to the Client during the order process and depend on the chosen delivery method.

§ 9 Shipping and Delivery

  1. The shipment of the goods takes place within a maximum of 7 calendar days.
  2. Goods are delivered via postal operator or courier, depending on the Client's choice.
  3. The goods are delivered to the address provided by the Client in the order form. The Seller is not responsible for non-delivery of the goods if the Client provided an incorrect address.
  4. The Seller allows for the possibility of delivering goods to an address outside the European Union. In such a case, the Client should contact the Seller directly to make individual arrangements regarding the details and costs of fulfilling a specific order.

§ 10 Withdrawal from the Contract by a Client being a Consumer or a Sole Proprietor

  1. In accordance with the provisions of the Consumer Rights Act, a Client being a consumer may withdraw from the contract within 14 days from the date of concluding the contract without giving any reason and without incurring costs, except for the costs specified in Art. 33, Art. 34 paragraph 2, and Art. 35 of the Act.
  2. The period for withdrawal from the contract begins from the moment the consumer or a third party indicated by the consumer, other than the carrier, takes possession of the item, and in the case of a contract that covers many items delivered separately, in batches, or in parts - from the moment of taking possession of the last item, batch, or part.
  3. The consumer may withdraw from the contract by submitting a declaration of withdrawal to the Seller. The declaration can be made using the form, the template of which is Annex 1 to these Terms and Conditions.
  4. The Seller allows the possibility of submitting a declaration of withdrawal by a Client being a consumer electronically. In such a case, the Client withdraws from the contract by sending a message to info@merly.eu. The template of the declaration is Annex 2 to these Terms and Conditions.
  5. To meet the deadline specified in paragraph 1, it is sufficient to send the declaration before its expiration.
  6. The Client is obliged to return the received goods at their own expense and risk (e.g., by sending the package back), no later than 14 days from the day the Client withdrew from the contract.
  7. In case of withdrawal from the contract, the contract is considered null and void. The Seller is obliged to promptly, no later than 14 days from the date of receipt of the declaration, refund the consumer all payments made by them. The Seller refunds the payments using the same payment method used by the consumer unless the consumer has expressly agreed to another method of refund and this method does not involve any additional costs for the consumer.
  8. The Seller may withhold the refund of payments received from the Client until the item is returned or the Client provides proof of its return, whichever occurs first.
  9. The right of withdrawal does not apply to the consumer if the subject of the service is a non-prefabricated item made according to the consumer's specifications or serving to meet their individualized needs.
  10. The rules specified in paragraphs 1-7 also apply to a sole proprietor if the concluded contract does not have a professional nature for this person, resulting in particular from the subject of their business activity, made available based on the provisions of the Central Register and Information on Economic Activity.

§ 11 Complaints in the Event of Defects in Goods

  1. The complaint procedure is subject to the provisions of the Civil Code regarding warranty.
  2. In the event of defects in the delivered goods, they should be sent to the Seller's address along with a complaint containing a description of the defects and the Client's claims.
  3. The Seller is liable under warranty for physical defects in the goods that are discovered within two years from the date of delivery to the Client.
  4. A consumer who files a complaint under warranty may pursue one of the four alternative rights:
    • demand removal of the defect,
    • demand replacement of the defective item with one free from defects,
    • reduce the price, specifying the exact value of the reduction, and the price should be reduced proportionally to the degree of the defect's impact on the item's value,
    • withdraw from the contract (demand a refund), provided that the defect is significant.
  5. A Client who exercises rights under warranty must deliver the defective item at the Seller's expense.
  6. In the case of Clients who are not consumers, the Seller excludes their liability under warranty.

§ 12 Reporting Irregularities

  1. Each Client, in the event of irregularities related to the operation of the online store or the Account, is entitled to report this fact by sending an email to info@merly.eu or by letter to the Seller's address.
  2. The Client's report should contain the Client's address data, the Client's name or company name, and a detailed indication of the irregularity to which the report pertains, along with justification for the report.
  3. The Seller will respond to the received report within no more than 14 days from the date of receipt of the complaint.
  4. In situations where obtaining additional explanations from the Client is necessary for resolving the report, the deadline for the Seller to respond to the report is extended by the time taken to provide explanations by the Client.
  5. The response will be sent to the Client in the same form as the Client's report, to the address specified in the report.
  6. All complaints regarding payments should be reported to the entity responsible for executing the payment.

§ 13 Changes to the Terms and Conditions

  1. The Seller reserves the right to make changes to these Terms and Conditions, about which they will promptly inform on the online store's website, no later than 7 days before the changes are introduced.
  2. The Seller will inform about the fact of changing the Terms and Conditions by posting information about the changes on the online store's website and publishing the unified text of the amended Terms and Conditions, indicating which provisions of the existing Terms and Conditions have been changed.
  3. The change of the Terms and Conditions can occur at any time, particularly for important technical, legal, and/or organizational reasons, without the need to justify these reasons.
  4. Using the online store by the Client after the changes to the Terms and Conditions come into effect is tantamount to accepting the introduced changes.
  5. All changes to these Terms and Conditions come into force 7 days from the date of their publication on the website.
  6. Changes to the Terms and Conditions after placing an order do not affect the way it is fulfilled, and the orders already placed are subject to the previous provisions.

§ 14 Final Provisions

  1. These Terms and Conditions are made available to Clients free of charge, in a way that allows them to be obtained, reproduced, and recorded.
  2. These Terms and Conditions are available on the website at https://merly.eu/terms.
  3. Communication between the parties takes place in writing or electronically. In the case of written communication, all correspondence should be addressed to the Seller's address. Upon receiving written correspondence, the Seller will respond to the address provided in the Client's letter. In the case of electronic communication, the Seller will send information to the Client to the email address provided in the order form.
  4. These Terms and Conditions come into force on the day they are published on the online store's website.
  5. All disputes arising from the provision of services by the Seller will be resolved amicably, and in the absence of an agreement, they will be resolved by the competent common court.
  6. The Seller declares that they do not agree to participate in proceedings for out-of-court resolution of consumer disputes.
  7. For all legal relations arising from these Terms and Conditions, Polish law applies.
  8. Matters not regulated in these Terms and Conditions are subject to generally applicable legal provisions.

Annex 1 Sample Form for Withdrawal from the Contract in Written Form

……………….. …………..
(location) (date)

Consumer's name and surname
Consumer's address

BFC TRADING SOLUTIONS LTD
85 Great Portland Street
First Floor, W1W 7LT, London
United Kingdom

WITHDRAWAL FROM THE CONTRACT

I/We, the undersigned, hereby inform you of my/our withdrawal from the contract concluded on ……………….. for the fulfillment of the order placed on …... through the MERLY Online Store.


Consumer's signature

Annex 2 Sample Form for Withdrawal from the Contract in Electronic Form

……………….. …………..
(location) (date)

Consumer's name and surname
Consumer's address

BFC TRADING SOLUTIONS LTD
85 Great Portland Street
First Floor, W1W 7LT, London
United Kingdom

WITHDRAWAL FROM THE CONTRACT

I/We hereby inform you of my/our withdrawal from the contract concluded on ……………….. for the fulfillment of the order placed on …... through the MERLY Online Store.