Terms & Conditions

General Terms and Conditions of Mercer Beauty International B.V. Introduction

By placing an order on www.sheknowsbydani.com, you are accepting to purchase a Product on and subject to the following terms and conditions of Mercer Beauty International B.V.. (the “General Terms and Conditions”). The General Terms and Conditions always apply between you and Mercer Beauty International B.V. when you use or place an order through the website www.sheknowsbydani.com (the “Site”). The General Terms and Conditions contain important information for you as a customer of Mercer Beauty International B.V. Please read them carefully. We also recommend you to save or print the General Terms and Conditions, so you can consult them again at a later date.

Article 1 Definitions

Mercer Beauty International B.V. a private company (‘besloten vennootschap’) established under Dutch law, based in Groningen (The Netherlands) and registered with the Chamber of Commerce under file number: 72312343, trading under the trade name "She Knows By Dani".

Site: the website www.sheknowsbydani.com and all of its sub-domains.

Client: the natural person or corporation acting in the performance of a profession or business who enters into an Agreement with Mercer Beauty International B.V.

Product(s): the product(s) as offered on the Site.

Agreement: any arrangement or agreement between Mercer Beauty International B.V. and the Client of which the General Terms and Conditions form an integral part.

General Terms and Conditions: the present terms and conditions of Mercer Beauty International B.V.

Article 2 Applicability of the General Terms and Conditions

2.1 The General Terms and Conditions apply to all offers and deliveries from, and Agreements with Mercer Beauty International B.V. , unless otherwise explicitly agreed on in writing.

2.2 If the Client declares other provisions or terms applicable in his order, confirmation or through any other communication medium, such provisions will only be binding upon Mercer Beauty International B.V. if and in so far as Mercer Beauty International B.V. has explicitly accepted them in writing.

Article 3 Prices and information

3.1 All prices as displayed on the Site and on other materials originating from Mercer Beauty International B.V. include taxes and other levies imposed by the government unless stated otherwise on the Site.

3.2 If shipping costs are charged, these will be clearly stated on the Site before the Agreement is concluded. The shipping costs will be displayed separately in the ordering process.

3.3 The content of the Site is composed of the greatest care. Mercer Beauty International B.V. can however not guarantee that all information on the Site is displayed correctly and/or is complete at all times. All prices and other information displayed on the Site and on other materials originating from Mercer Beauty International B.V. could include typographical and/or programming errors. Mercer Beauty International B.V. cannot be held responsible for such typographical and/or programming errors and reserves the right to correct such errors at all times.

3.4 Mercer Beauty International B.V. cannot be held responsible for any deviations between the color of the Product and the color of the Product as displayed on the Site.

Article 4 Conclusion of the Agreement

4.1 The Agreement will be deemed to be concluded at such moment that the Client accepts the offer of Mercer Beauty International B.V., which offer is subject to the General Terms and Conditions.

4.2 If the Client has accepted the offer by electronic means, Mercer Beauty International B.V. will also confirm receipt of acceptance of the offer by electronic means.

4.3 If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Mercer Beauty International B.V. will have the right to suspend its obligations until the correct data has been received from the Client.

Article 5 Execution of the Agreement

5.1 As soon as Mercer Beauty International B.V. has received a Client’s order and has confirmed the acceptance thereof, it will handover the Products to the shipping company. The shipping company will then send the Products to the Client.

5.2 Mercer Beauty International B.V. is authorized to engage any third parties in the fulfilment of its obligations under the Agreement.

5.3 The Site includes information describing the manner of delivery of the Products and an estatimation of the term in which the Products will be delivered to the Client.

5.4 If Mercer Beauty International B.V. is unable to deliver the Products within 30 days after the confirmation of acceptance of the order, it will notify the Client accordingly. In such event, the Client can decide to either agree to a new delivery date or to dissolve the Agreement without incurring any costs. Mercer Beauty International B.V. cannot be held liable for any delay in the delivery process.

5.5 Mercer Beauty International B.V. advises the Client to inspect the Products upon receipt and to report any defects within two (2) working days after delivery by email.

5.6 As soon as the Product has been delivered to the delivery address submitted by the Client, the risk of the Product fully transfers to the Client.

5.7 If the ordered Product can no longer be supplied, Mercer Beauty International B.V.. is entitled to deliver a Product which is comparable in nature and quality to the ordered Product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and to return the Product free of charge.

Article 6 With drawl/return

6.1 The Client has the right to return the Product within 14 days after the Product has been delivered to the Client.

6.2 The Client must inform Mercer Beauty International B.V. of its wish to return the Product by sending an e-mail to info@sheknowsbydani.com within the aforementioned period of 14 days after the Product has been delivered to the Client. This e-mail should include the following information: order number, name, phone number, e-mail address and delivery address. After receipt of this e-mail, Mercer Beauty International B.V. will provide a Return Authorization number (“RA Number”) to the Client After receipt of the RA number, the Client will have an additional 14 days to return the Product to Mercer Beauty International B.V. - Paterswoldseweg 806 - 9728 BM - Groningen - Netherland The Client must bear the costs for shipping the Products to Mercer Beauty International B.V.

6.3 Returned Products must be unused, undamaged and returned in its original unopened packaging with its original packing slip. Returns attempted without satisfying all of the aforementioned conditions, will not be accepted.

6.4 The Client is responsible for the chosen shipping method of the returns. The risk of the Product will transfer to Mercer Beauty International B.V. when Mercer Beauty International B.V. has received the Product. This means that Mercer Beauty International B.V. cannot be held responsible for any returns which are (for example) lost and/or damaged in the mail when being returned. We therefore advise you to choose for registered shipment, request tracking information and ensure the package containing the returned Product(s). Mercer Beauty International B.V. does not make any exceptions to this policy.

6.5 After receiving and accepting the returned Products, Mercer Beauty International B.V. will refund the total purchase price to the Client within 5 days.

Article 7 Payment

7.1 The Client shall pay the amounts due to Mercer Beauty International B.V. in accordance with the ordering process and through the payment method selected on the Site. Mercer Beauty International B.V. is free to offer any payment method of its choice and may change these payment methods at any time.

Article 8 Warranties and Conformity

8.1 Mercer Beauty International B.V. warrants that the Products are suitable for their intended use, as described on the Site.

8.2 If the delivered Product fails to satisfy the Agreement at delivery, Mercer Beauty International B.V. must be notified thereof within a reasonable period of time, which is ultimately 14 days after delivery of the Product.

8.3 If a Product does not satisfy the Agreement and the Client has notified Mercer Beauty International B.V.. thereof within the period mentioned in article 8.2, the Product concerned will be repaired, replaced or (partially) refunded, such in consultation with the Client. Complaints after the period mentioned in article 8.2 will not be accepted by Mercer Beauty International B.V.

Article 9 Complaints handling procedure

9.1 If the Client has any grievances in connection with a Product (in accordance with article 8 entitled, “Warranties and Conformity”), or regarding any other aspects of the Site or service of Mercer Beauty International B.V., it can submit a complaint by email or in writing. The contact details of Mercer Beauty International B.V. are provided at the end of the General Terms and Conditions.

9.2 Mercer Beauty International B.V. will respond to the complaint as soon as possible, and in any case within 3 days after receipt of the complaint. If Mercer Beauty International B.V. is unable to formulate a substantive response to the complaint within such period Mercer Beauty International B.V. will confirm receipt of the complaint within 3 days after receipt of the complaint and give an indication of the term within which it expects to be able to give a substantive or definitive response to the Client.

Article 10 Liability

10.1 The total liability of Mercer Beauty International B.V.. in respect of the Client due to an attributable failure to perform the Agreement is limited to a compensation which does not exceed the price stipulated for that particular Agreement (including VAT and shipping costs).

10.2 Mercer Beauty International B.V. cannot be held liable for any indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption.

10.3 Except as otherwise explicitly provided for in this article 10, Mercer Beauty International B.V.. is not subject to any liability, irrespective of the grounds upon which an action or proceeding may be based. The restrictions set out in this article 10.3, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Mercer Beauty International B.V.

10.4 Mercer Beauty International B.V.. will only be liable to the Client on account of an attributable failure in the performance of an Agreement if the Client issues a written notice of default to Mercer Beauty International B.V. without delay, stipulating a reasonable period of time in which Mercer Beauty International B.V.. has the possibility to remedy the default, and Mercer Beauty International B.V. fails to cure the default within such period. The notice of default must contain a description of the default in as much detail as possible, in order to enable Mercer Beauty International B.V.. to provide an adequate response and/or take adequate action.

10.5 Any event giving rise to compensation is always subject to the condition that the Client reports the damage or loss in writing to Mercer Beauty International B.V. as soon as possible, but no later than within 14 days after the damage or loss has arisen.

10.6 Mercer Beauty International B.V.. is not liable to pay compensation for any damage or loss the Client has incurred as a result of a “force majeure event”, as meant in article 6:75 Dutch Civil Code (“DCC”). This includes amongst others (and without limitation) the event that any third party engaged by Mercer Beauty International B.V. is not able to fulfill its obligations due to a force majeure event.

Article 11 Retention of title

11.1 As long as Mercer Beauty International B.V. has not received full payment for the Products, Mercer Beauty International B.V.. will retain the ownership of the Products.

Article 12 Personal details

12.1 Mercer Beauty International B.V. will process the Client’s personal data in accordance with the Terms of Use as published on the Site.

Article 13 Final provisions

13.1 The General Terms and Conditions and the Agreement are exclusively construed in accordance with and shall be exclusively governed by the laws of the Netherlands.

13.2 Any dispute arising out or in connection with the General Terms and Conditions and the Agreement, including disputes concerning the existence and validity thereof will if no amicable settlement can be reached, be resolved by the competent Dutch court in the district where Mercer Beauty International B.V. has its registered office.

13.3 In the event that any of the provisions contained in the General Terms and Conditions will be deemed invalid or unenforceable, then the remaining provisions shall be construed as if such invalid provisions were not contained herein; and such invalid or unenforceable provisions will then be deemed to have been replaced by a provision which as closely as possible meets the intention of Mercer Beauty International B.V. when inserting the original provision.

Contact details

Should you have any questions, complaints or comments after reading the General Terms and Conditions, or if you need to provide us with notice, please contact us by email or in writing.

Mercer Beauty International B.V.

Address: Paterswoldseweg 806
Zip code: 9728 BM
City: Groningen
Country: Netherlands
E: info@sheknowsbydani.com

Chamber of Commerce number: 72312343
BTW - VAT nr: NL859069126B01