Terms & Conditions
Thank you for joining MERCI DANDY. This document (alongside with the document referred to on this document) tells you the terms and conditions associated with the use of our website, www.mercidandy.com and our service.
By using our website and/or purchasing our products and service, you agree to be bound by these terms and conditions. By failing to accept these terms and conditions, you will be unable to use our website and/or order any product from our site. We reserve the right to change the terms and conditions under wich the website and the goods are provided.
MERCI DANDY Limited
Adress: Unit A, 38 Floor, Tower 1, CentreStage, 108 Hollywood Road, Sheung Wan, Hong Kong
Management: Chloé Berger and Magali Portes
Registered office: Hong Kong
Registration number : 65381237-000-10-15-3
2. Scope of applicability
2.1. The following Terms & Conditions (T&C) are applying for the use of the website www.mercidandy.com and for the contracts concluded through mercidandy.com. Deliveries and services of MERCI DANDY will be performed exclusively in accordance with this T&C.
2.2. These T&C exclusively bind and authorize the consumer. A consumer, as defined by the below-mentioned regulation is every natural person entering into an agreement for reasons which are predominantly of neither commercial nor self-employed character.
3.1. We have the right to revise and amend these T&C from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, change in relevant laws and regulatory requirements and changes in our system’s capabilities. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.
3.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us.
4. Our service
4.1. MERCI DANDY is an online service provider which enables interested parties to provide individual information about their person and taste in men’s fashion within the context of a questionnaire or phone call. Based on this information about the consumer, MERCI DANDY assembles an outfit for the consumer which consists of several items of clothing, and sends this outfit to the consumer. The responsibility of assembling the outfit lies exclusively with MERCI DANDY.
4.2. After receiving the articles, a contract of purchase is validated only when the consumer accepts the articles (Article 6. Conclusion of contract). The consumer thereby agrees, that MERCI DANDY will assemble an individual selection of clothes for him, and send it to him. The consumer agrees that he will not know, in advance, the clothes and accessories that he will receive.
5. Registration at MERCI DANDY
5.1. For usage of MERCI DANDY’s Internet-based services it is necessary to register with MERCI DANDY’s online system. The consumer must enter a valid email address when registering and must set a password. It is the consumer’s sole responsibility to make sure that no rights of others are violated in this process. The consumer is obliged to keep his personal login credentials confidential and prevent unauthorized third parties from accessing them.
5.2. Registration is free of charge. A right to membership at MERCI DANDY does not exist. MERCI DANDY can tie the registration to additional requirements (e.g. data check). The consumer is obliged to disclose the given information accurately and in due form when registering. While holding an active membership at MERCI DANDY, changes to the given data must be disclosed without delay or solicitation on the part of MERCI DANDY. Regardless of successful registration, no legal claim for usage of the services offered inherently exists.
5.3. The consumer is obliged to provide an email address to MERCI DANDY. MERCI DANDY is entitled to send relevant statements for the consumer to this email address unless a more binding form of communication is legally or contractually specified.
5.4. The consumer authorizes MERCI DANDY to contact him for the settling of a contract via phone or any other means of communication.
5.5. The consumer is only authorized to use the Internet-based services provided by MERCI DANDY via the usual programs (Internet browsers) or via software provided by MERCI DANDY if need be. Improper usage is, in particular, access via automated software (e.g. scripted programs). This applies especially if the software in use serves for generating or claiming specific data.
5.6. It is prohibited to copy or otherwise make use of content from MERCI DANDY’s web pages without prior approval by MERCI DANDY.
6. Conclusion of contract
6.1. The website as such, particularly the presentation of goods on mercidandy.com, does not constitute a binding offer of MERCI DANDY.
6.2. On the basis of the personal data that the consumer enters in the MERCI DANDY online system, MERCI DANDY shall select various goods and send them to the consumer. The selection of the goods is at the sole discretion of MERCI DANDY. The consumer has no entitlement to be sent particular products. The consumer will be sent, per order, goods with a maximum value of HKD 15,000. The price of each item will be listed on a delivery note. The consumer therefore explicitly grants MERCI DANDY a unilateral performance determination right. The personal data can be entered by the consumer during a telephone appointment with a style consultant, or alternatively by telephone, by sending an order through a questionnaire uploaded onto the MERCI DANDY website without a telephone consultation or also by sending a text message or e‑mail to MERCI DANDY. The consumer shall receive, according to his/her order request, a confirmation by MERCI DANDY of the dispatch of the goods either by e-mail or in writing. MERCI DANDY reserves the right to refuse consumer’s offers without stating reasons for doing so. Mailing a confirmation by MERCI DANDY does not constitute an acceptance of this purchase offer. It only serves as a confirmation of receiving the order. The offer is accepted by MERCI DANDY only when MERCI DANDY dispatches the articles.
6.3. The sending of the goods after the consumer has declared his/her consent to it constitutes MERCI DANDY’s offer to conclude a purchase contract with regard to the dispatched fashion articles at the specified price, a maximum of HKD 15,000. When the package of goods is accepted by the consumer or by a third party authorised or tolerated by him/her the offer will be deemed to have been accepted.
6.4. The purchase contract closed according to paragraph 6.2 & 6.3 becomes binding when the consumer declares his acceptance of the delivered articles to MERCI DANDY within 5 (five) days after receiving them (‘period of endorsement’ or ‘trial period’). Articles which are not returned by the consumer to MERCI DANDY within the period of endorsement count as accepted. Remaining silent counts as acceptance. Articles which the consumer doesn’t wish to retain can be returned within the period of endorsement free of charge and without limitations. The consumer is asked to use the enclosed return form.
7. Trial of the clothes & accessories
7.1. The buyer has a period of 5 (five) calendar days from receipt of the box clothes & accessories to try the clothes & accessories (‘period of endorsement’ or ‘trial period’). If the trial period expires on a Sunday or holiday, it is extended to the next working day.
7.2. The trial period is for permit the consumer to test the products to determine if he wants to keep them or not. It is prohibited for the consumer to wear or use the products he intends to return to MERCI DANDY during the period of endorsement.
7.3. The consumer is solely responsible for any damage that would be caused to the products during the trial period. He must return to MERCI DANDY the items he doesn’t want to keep after the period of endorsement in the manner below.
8. Delivery and returns
8.1. Any product that is not returned to MERCI DANDY in the period of endorsement (article 7), counts as accepted by the consumer.
The return right during the endorsement period can’t be used if the products are untagged, worn or damaged.
Any product that is untagged, damaged or contains traces returned to MERCI DANDY will be considered as purchased by the consumer and will be returned to him. The prices of the products and the prices of the shipping will be charged to the client in accordance with article 10.
8.2. Delivery, as well as returns of articles, is free of charge for the consumer. Delivery of articles is generally carried out within 2 to 3 working days after MERCI DANDY has accepted the offer by the consumer, that is from the time the articles are shipped respectively after confirming the order via email.
8.3. MERCI DANDY currently delivers to Hong Kong only.
The goods will be delivered to the address that was specified when the membership was established or when the order was placed. If the recipient’s address is stated incorrectly, the consumer shall bear the additional costs incurred. The same applies if the goods cannot be delivered.
8.4. The buyer has a period of 5 (five) calendar days from receipt of the box to return the box.
If the period of endorsement expires on a Sunday or holiday, it is extended to the next working day.
8.5. MERCI DANDY utilizes various shipping companies. It is the responsibility of the consumer upon receipt of the trunk, to check that all products listed in the recapitulatory note are contained therein. The consumer must immediately report any missing product or damage. It is also required to inform MERCI DANDY without delay if he/she finds that the mail has been opened or damaged.
8.6. Consumers are asked to use the enclosed return ticket when returning a package. MERCI DANDY only accepts returned articles which are being returned with original labels and which are not damaged.
9. Reservation of property rights
Articles sent by MERCI DANDY remain the property of MERCI DANDY until complete settlement of the account balance.
10. Purchase prices and payment term
10.1. When the goods are delivered, the consumer shall receive a delivery note with a price-list for all the delivered goods. The prices specified will be final prices, including all price components and all payable taxes. No additional costs will be charged for the shipment.
10.2. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible, and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.
10.3. After expiration of the period of endorsement according to article 7, MERCI DANDY will prepare a digital invoice with the total payable amount for the accepted articles to be sent to the consumer via email.
10.4. Payment of the invoiced amount is due five days after receiving the invoice.
10.5. MERCI DANDY provides different methods of payment to the consumer. The consumer can, before ordering, find all information on accepted methods of payment at any time on the website.
10.6. MERCI DANDY conducts, after an order has been placed, a solvency check. Within the limits of legal regulations and taking into consideration the relevant interests that need to be protected, we will transfer personal data to the credit agency. We will transfer, name and birthdate of the consumer, along with address data.
10.7. All data-related operations (e.g. collection, processing, and transfer) are conducted according to legal regulations. Data relevant to business transactions are stored and forwarded to service providers entrusted by us when required, for the processing of orders.
11. Guarantee and liability limitation
11.1. All content, products and services on the site, or those obtained from a website to which the site is linked (a “linked site”) are provided to you “as is” without any guarantees or warranty. In connection with all content, products and services on this site, MERCI DANDY gives no warranties of any kind, either express or implied including, but not limited to, the implied, warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Use of the product by a user is at the user’s risk.
11.2. MERCI DANDY shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages that result from the use of, or the inability to use, the materials and services on this site or the performance of its products.
12. Data protection
13. Transferral of rights and obligations to third parties
MERCI DANDY is authorised to transfer any rights and obligations resulting from the contract in full or in part onto third parties. In the case of such a partial or full transfer of rights and obligations onto a third party, the consumer is entitled to cancel the contract at the time of handover.
14. Severability Clause
These Terms and Conditions remain valid for all remaining items in the event that individual paragraphs become ineffective. Statutory provisions replace any existing ineffective paragraphs. In the case that this constitutes an unreasonable hardship for one of the parties, the terms and conditions become invalid as a whole.