Terms and conditions
Article 1. Definitions
1.1 These general terms and conditions of sale and delivery (hereinafter referred to as “Terms and Conditions”) apply to all sales via www.formodelsandmermaids.com;
1.2 Company: www.formodelsandmermaids.com (hereinafter referred to as “FMM”) is the trade name of For Models and Mermaids and is a webshop that offers clothing/accessories and related items online to consumers by means of “distance selling.” FMM has its registered office in (2960) Brecht and is registered with the Chamber of Commerce under number 0760 932 930;
1.3 Consumer: any natural person or company that enters into a distance contract with the company;
1.4 Agreement: an agreement between FMM and the consumer.
1.5 In writing: By email or by letter;
Article 2. Applicability
2.1 These terms and conditions apply to all offers made by FMM on the website and to every agreement concluded between the company and the consumer;
2.2 These terms and conditions always apply to all offers, orders, and agreements concluded using the website www.formodelsandmermaids.com;
2.3 Before the distance contract is concluded, these terms and conditions will be made available on our website. By accepting an offer or placing an order, the consumer automatically accepts the terms and conditions;
2.4 Deviations from these terms and conditions are only possible in writing and if confirmed by the company. If only a single part of these terms and conditions is deviated from, the remaining provisions remain in full force. The consumer cannot derive any rights for future agreements from any agreed deviations;
2.5 The irrelevance of one or more provisions of these terms and conditions or part thereof does not affect the validity and effectiveness of the remaining provisions.
Article 3. Agreements
3.1 An agreement is only concluded after acceptance of your order by FMM. FMM has the right to refuse orders and to attach certain conditions to a delivery. If an order is not accepted by FMM, the consumer will receive an email within five working days stating the reason for the refusal.
Article 4. Prices
4.1 All discounts and offers made by FMM are non-binding and intended solely for consumers. All discounts and offers may be revoked by FMM at any time. FMM reserves the right to change prices at any time, in particular when this is necessary on the basis of (statutory) regulations.
4.2 The prices stated for the products offered in FMM's online store are expressed in euros and include the applicable VAT and all taxes, levies, excise duties, and other import duties required by law. Other costs (shipping costs, processing costs, packaging costs, and transport costs) are not included in the prices stated (unless otherwise stated) and are at the expense of the consumer. The total price will be displayed on the website before acceptance by the consumer.
4.3 FMM cannot be held liable for incorrect price listings, for example as a result of input, typing, or printing errors. The consumer cannot derive any rights from incorrect price information.
4.4 Upon entering into an agreement, FMM is not bound by prices, offers, and/or deviating terms and conditions previously agreed with the consumer.
4.5 The consumer bears the exchange rate risk in the event of payment in a currency other than euros;
Article 5. Payments
Payment must always be made in full in advance;
5.1 FMM consumers can make a payment as specified below and indicated during the ordering process. After placing an order, the consumer will receive a confirmation by email containing the invoice and the total amount;
5.1.1 Payment is possible via iDEAL. If you bank online with Rabobank, ABN-AMRO, SNS Bank, ING, or another bank, you can pay for your order securely and electronically via the FMM website. This electronic form of online payment is similar to a debit card payment in a physical store. In most cases, payments are processed on the same business day. For more information, please visit the iDEAL website;
Article 6. Delivery
6.1 All items in the FMM webshop are generally available from stock. If this is not the case, for example if an item is sold out or no longer available, we will communicate this to the consumer via the website;
6.2 Orders will be shipped within 5 working days of receipt of payment. The order will be sent to the delivery address provided by the consumer. If, for any reason, the delivery time exceeds 5 working days, the consumer will be notified by email. However, we aim to always ship orders within 5 working days of receipt of payment.
6.3 Exceeding the above delivery time does not entitle the consumer to compensation or termination of the agreement;
6.4 If an order has not been delivered to the consumer within 30 days of the order confirmation, the consumer has the right to cancel the order free of charge. The consumer will be informed of this in good time by FMM;
6.5 Delivery of products in parts by FMM is permitted;
6.6 FMM has fulfilled its delivery obligation when the delivery has been offered at least once;
6.7 If the consumer refuses the package or does not collect the offered delivery, return freight and storage costs, as well as the risk of damage or loss of the shipment, will be entirely at the consumer's expense;
6.8 Products offered are specified in good faith. Products are depicted and/or described, but these informative descriptions are not binding. Color, type, text, and/or price changes may differ from reality. Deviations do not entitle the consumer to replacement, repair, or compensation.
Article 7. Returning/Exchanging items
Are you dissatisfied with the product? Within 14 days of receipt, you have the option to register the product for return and then return it to us within 14 days.
7.1 Packaging
If you exercise your right of withdrawal, the product must be returned with all accessories and, if reasonably possible, in its original condition and packaging.
Place the completed return form in the box.
Stick the return label provided clearly visible on the box.
7.2 Shipping
Drop off the package at a POST NL point.
Keep the shipping receipt in a safe place.
7.3 Refund
When will we refund you? We will refund the costs you incurred (purchase costs and original shipping costs) within 14 days of cancellation.
7.4 Where will I receive the refund?
We will refund the amount to the same account you used to pay. If this is not possible, we will contact you.
7.5 Costs for returning the product?
The costs for returning the product are at your expense.
Article 8. Right of withdrawal
8.1 The consumer has the right to terminate the delivery agreement within 14 days of delivery of the products without giving any reason.
8.2 During the cooling-off period, the consumer must handle the products and packaging with care. To terminate the agreement, the product may only have been used by the consumer to assess the product.
8.3 If the consumer wishes to exercise his right of withdrawal, he must notify FMM within 14 days of receipt using the return form. The products must then be returned within 14 days with all accessories, including price tags, and, if reasonably possible, in their original condition and packaging. The consumer must also provide FMM with proof of shipment (of the return shipment).
8.4 The consumer is responsible for the costs of the return shipment.
8.5 FMM will ensure that the consumer receives a refund of the purchase price, including shipping costs, as soon as possible, but no later than 14 days after notification of return.
8.6 If the products are damaged or worn upon return, the consumer is liable for any reduction in the value of the product;
8.7 The consumer no longer has the right of withdrawal if the delivered products cannot be returned for hygienic reasons. This includes earrings and underwear or swimwear where the hygiene strips have been removed.
Article 9. Complaints
9.1 FMM makes every effort to deliver a product correctly and neatly. Upon receipt of your order, the consumer must inspect the order and immediately report any defects in writing. This can be done by sending an email to info@formodelsandmermaids.com
Any form of warranty will lapse if the consumer has attempted to repair the defect themselves without consultation and/or has not followed the instructions for use correctly.
If you do have a complaint about an item you have purchased from FMM, please let us know. We will always try to resolve the problem as quickly as possible in consultation with you. The consumer must follow the instructions for returning the item as provided by FMM after reporting your complaint. If this does not lead to a solution, the customer has the option of reporting the complaint via the European Commission's ODR platform.
Article 10. Liability
10.1 FMM is not liable for damage suffered by the consumer or third parties. Any liability of FMM, its personnel, and FMM products for all damage, of whatever nature, direct or indirect, is expressly excluded.
10.2 FMM is also not liable for any damage resulting from the use of FMM's products;
10.3 In any case, any liability of FMM towards the buyer is limited to the maximum amount of the invoice value of the buyer of the relevant agreement from which the liability arises;
10.4 FMM is not liable for mutilations, delays by postal couriers, misunderstandings, or the incorrect delivery of orders and/or communications as a result of the use of the internet or other means of communication in the traffic between the consumer and FMM, or between FMM and third parties;
Article 11. Force majeure
11.1 In the event of force majeure, FMM has the right, at its own discretion, to perform the agreement in whole or in part. In the event of force majeure, FMM also has the right to suspend the consumer's order or to terminate the agreement in whole or in part. FMM must inform the consumer of this. FMM is not obliged to pay any form of compensation;
11.2 Force majeure is understood to mean any shortcoming that cannot be attributed to FMM, whereby FMM is not at fault. Force majeure includes, among other things, disruptions to internet/telecommunications facilities, strikes or similar business disruptions, transport disruptions, travel restrictions, and other circumstances beyond FMM's control, such as pandemics, war, natural disasters, and government measures.
Article 12. Intellectual property
12.1. All intellectual property rights relating to the Products, images, documentation, and the (content of the) website(s) of FMM belong exclusively to FMM and/or Third Parties. The Consumer guarantees that they will refrain from any infringement thereof. If FMM develops a Product and/or Documentation on behalf of the Consumer, the intellectual property rights belong to FMM;
Article 13. Competent court
13.1 Disputes between FMM and the consumer will in the first instance be settled by a competent court in Antwerp, Belgium;
If you have any questions and/or comments regarding these terms and conditions, please contact us in writing or by email.
For Models and Mermaids
Van Bavellaan 11
2960 Brecht
E: info@formodelsandmermaids.com
W: www.formodelsandmermaids.com