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- Terms and Conditions
Terms & Conditions
The website https://www.mercuryflooring.com/printyourmat (hereinafter the “Website”) is property of MercuryFlooring.
Address registered office:
Industriezone 1 - Flanders Field
Telephone: +32 (0)56 61 06 95
Company number: BTW BE 0431 567 153
By accessing and using the Website, you expressly agree to the following general terms and conditions.
These general terms and conditions apply to every use of the Website, every offer from MercuryFlooring on the Website, as well as to every agreement that is concluded between MercuryFlooring and the customer via the Website, of which these general terms and conditions form an integral part. When creating an account on the Website or placing an order via the webshop, the customer must expressly accept these general terms and conditions, thereby agreeing to their applicability to the order in question.
Before the customer can place an order online on the Website, the customer must have a MercuryFlooring account which is created by completing the registration form on the Website. The Shop is only accessible for B2B clients with a valid VAT number. The customer will always be solely responsible for every use of the account.
MercuryFlooring has the right to refuse any request and to close your MercuryFlooring account immediately in the event of any breach of these terms and conditions.
The customer agrees to be solely responsible for protecting the password and controlling access to the registered account.
The customer agrees to be solely responsible for all orders placed or other actions that are taken through its registered account.
The customer is solely responsible for the content in combination with any other images, graphics, text or other materials the customer incorporates into the products. The customer agrees not to include any text, image, design, trademark, service mark, or any copyrighted work of any third party in the products unless the customer has obtained the appropriate authorisations from the rightful owner(s). When applicable, the customer has all required rights or permissions necessary to incorporate third party material into the products, including any third-party material.
By placing an order on this Website, the customer warrants to have all necessary permissions, rights and authority to place the order and the customer authorises MercuryFlooring to produce the products on behalf of the customer.
MercuryFlooring can never be held responsible for violations of reproduction rights of third parties, and will execute the printing or reproduction order in good faith. Only the customer is liable for the content of the print order and shall indemnify MercuryFlooring against any claim of a third-party.
The font, as well as the layout, is freely chosen by the customer and embedded in the print file. MercuryFlooring is not responsible for the typographical quality of the ready to print models, files of formatted pages, and uses the print file as received from the customer.
The customer provides digital files to MercuryFlooring and must keep save of the original files. The customer is responsible for the quality of these files and has consulted the file delivery specifications on the Website.
Except in the case of malicious damage and professional negligence on the part of Mercury Flooring, its staff or subcontractors, difficulties or delays during production caused by problems with supplied materials shall extend the delivery deadline and increase the price by the amount of the additional costs incurred by such problems.
When MercuryFlooring has received the payment, the order is considered to have been approved. MercuryFlooring and the customer acknowledge that electronic communication can serve as proof of approval of the proof.
Right of Withdrawal
The MercuryFlooring printed mat shop solely prints on demand of the customer. This means that the right of withdrawal (right of cancellation) of the products purchased from MercuryFlooring is not applicable.
Intellectual property rights
The contents of this Website, including trademarks, logos, drawings, data, product or company names, texts, images, etc. are protected by intellectual property rights and belong solely to MercuryFlooring or entitled third parties.
The information on the Website is general in nature. It is not adapted to personal or specific circumstances and can therefore not be regarded as personal, professional or judicial advice for the user.
MercuryFlooring does everything in its power to ensure that the information made available is complete, correct, accurate and updated. However, despite these efforts, inaccuracies may occur when providing information. If the information provided contains inaccuracies or if specific information on or via the Website is unavailable, MercuryFlooring shall make the greatest effort to ensure that this is rectified as soon as possible.
MercuryFlooring cannot be held responsible for direct or indirect damage caused by the use of the information on this Website. The Website manager should be contacted if the user has noticed any inaccuracies in the information provided by the Website.
The contents of the Website (including links) may be adjusted, changed or extended at any time without any announcement or advance notice. MercuryFlooring gives no guarantees for the smooth operation of the Website and cannot be held responsible in any way for the poor operation or temporary unavailability of the Website or for any type of damage, direct or indirect, which may occur due to the access to or use of the Website.
MercuryFlooring can in no case be held liable, directly or indirectly, specifically or otherwise, vis-à-vis anyone for any damage attributable to the use of this site or any other one, in particular as the result of links or hyperlinks including, but not limited to, any loss, work interruption, damage of the user’s programs or other data on the computer system, hardware, software or otherwise.
The Website may contain hyperlinks to websites or pages of third parties or refer to these indirectly. The placing of links on these websites or pages shall not imply in any way the implicit approval of the contents thereof. MercuryFlooring expressly declares that it has no authority over the contents or over other features of these websites and can in no case be held responsible for the contents or features thereof or for any other type of damage resulting from their use.
Applicable legislation and competent courts
This site is governed by Belgian law. Only the courts of the district of Kortrijk are competent to settle any disputes regarding the use of the Website of MercuryFlooring.
Obvious errors or mistakes in the offer do not bind MercuryFlooring and can also be corrected by the MercuryFlooring after the agreement has been concluded. The image material used in an offer serves as an illustrative indication of the main characteristics of the product in question. Deviations in the product compared to the visual material are not sufficient to claim the invalidity of the agreement.
2. SHIPMENT TERMS
All goods are shipped at the risk of the client. All our contracts are subject to the provisions of Incoterms.
3. FORCE MAJEURE
Any case of force majeure shall result in the suspension of the delivery period and shall not confer any right to the customer in respect of dissolution of the contract or in respect of indemnity. Interruption of the supply of raw materials, strike, lockout and fire shall always be considered to be force majeure.
A. For delivery procedures and costs, we refer to the link below https://www.mercuryflooring.com/en/printyourmat/faq/shipping-and-delivery
B. All delivery periods are approximate 15 working days. Late delivery shall never confer a right of dissolution of the contract or in respect of indemnity. Assortments are to be specified so that they enable us to execute the orders within the foreseen delivery periods.
C. The delivered quantity is only guaranteed with the usual tolerance that a difference of 5 % more or less of the quantity cannot be considered a deficiency on our part.
D. MercuryFlooring uses external carriers for the delivery. MercuryFlooring is not responsible for any shortcomings of the carrier during delivery. MercuryFlooring will investigate the carrier in case of defective delivery. During the investigation period, no refund or other shipment will be made.
E. The customer bears the risk of damage and/or loss of the products until the moment of delivery. In principle, every delivery requires the signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk.
F. Any visible damage and/or qualitative shortcoming of an article or other shortcoming in the delivery must be reported by the customer to MercuryFlooring within ten (10) days after delivery.
G. Delivery takes place from the first delivery attempt of the ordered products to the customer. The customer is deemed to make the delivery possible in accordance with the agreements. In the event of an unsuccessful delivery attempt, additional costs may be charged for a new delivery attempt.
5. COMPLAINTS AND RETURNS
A. Complaints for apparent defects are null and void if they are not made in writing and by registered mail to the address of MercuryFlooring within 10 days of receipt of the products, or in any case if the merchandise has been subject to any handling.
B. Complaints for hidden defects are null and void if they are not made in writing and by registered mail to the address of MercuryFlooring within 14 days after they became apparent and without prejudice to the provisions of art. 1648 of the Belgian Civil Code. Liability for hidden defects is in any case limited to a period of 1 year from the date of delivery.
C. In no case shall the liability of MercuryFlooring extend further than the invoiced value. MercuryFlooring reserves the right to replace legitimately rejected merchandise or to reimburse the invoiced value. In case of commission work, the responsibility of MercuryFlooring is limited to the invoiced commission value.
D. No merchandise may be returned to MercuryFlooring without our previous permission and according to our instructions; this permission implies no admission of liability whatsoever. Any return shall be fulfilled in the original condition.
1. Login or create an account in order to see prices and start the ordering procedure
2. Choose your product (doormat, kitchen runner, …)
3. Select your textile quality
4. In the product page, you can start the product configurator
a. Choose border or no border
b. Choose your size
c. Add the quantity you need
d. Add your reference before adding your product to the cart
5. Add your design
6. Add your promo code if applicable
7. Approve your design and terms & conditions
8. Proceed to check-out
9. Add or edit shipment information (Billing information cannot be changed)
10. Proceed to final payment by choosing your payment method.
11. Your order will be confirmed by e-mail.
Methods of payment:
A. Unless otherwise agreed, all invoices are payable cash at our registered address. All prices stated are expressed in EURO, always excluding VAT and all other duties or taxes to be borne by the customer. The prices mentioned in the offer are exclusive of costs for (standard) delivery.
B. Without prejudice to the exercise of other rights available to MercuryFlooring, in the event of non-payment or late payment from the date of default, the customer will owe an interest of 10% per year on the unpaid amount, by operation of law and without notice. In addition, the customer owes a fixed compensation of 10% of the amount concerned, by operation of law and without notice, with a minimum of 50 euros per invoice. Without prejudice to the foregoing, MercuryFlooring reserves the right to take back the items not (fully) paid for.
C. Without prejudice to the customer’s risk with respect to the products, the products sold shall remain our property until full payment has been received by MercuryFlooring. Nevertheless, the customer shall be entitled to sell these products to a third party within the normal course of his business and to deliver them provided that (if we so require) the customer, as long as he has not fully discharged his debt, hands over to MercuryFlooring the claims that he has against the third party and which emanate from this transaction. The proceeds of the sale should be credited to a separate account. The customer shall also be entitled to transform these products or to incorporate them in new products. In that case MercuryFlooring reserve to itself the legal and equitable title to the final product(s) into which the sold products are incorporated or mixed. The customer shall store the final products separately and property in these products shall remain with MercuryFlooring until full payment has been made to MercuryFlooring for the products sold to the customer. In case of non-payment at the due date, the customer is obliged, at first request of MercuryFlooring, to return the products that have not been resold. In such case any advances are acquired by us to cover eventual losses at resale.
D. If MercuryFlooring has issued terms of payment or if the customer has accepted bills of exchange, the full amount of any contract whatsoever is demandable automatically and without legal summons if any instalment payment is not respected or if any bill is not paid on its due date.
E. Bills or accepted securities involve no renunciation of these conditions nor novation.
F. Should a change of 4 % or more occur in the relation between the value of the foreign currency of the contract and the value of the Euro between contract date and payment date, we shall be entitled to adapt the contract amount accordingly.
7. SUSPENSION AND DISSOLUTION OF THE CONTRACT - EXPLICIT DISSOLUTION CONDITION
A. If the customer fails to carry out his obligations in this or another contract (e.g. payment), MercuryFlooring shall have the right automatically and without legal summons, either to suspend its obligations or to consider the contracts dissolved. A letter sent by registered mail by MercuryFlooring to the customer shall be evidence of its exercise of this right.
B. If in the opinion of MercuryFlooring there is a deterioration in the creditworthiness of the customer on account of measures of judicial execution against the customer and/or other negative demonstrable events, MercuryFlooring reserves the right to ask the customer to provide such guarantees as it may deem proper to ensure the full performance by the customer of his engagements under the contract. Such request may be made before or after delivery of all or part of any order. Should the customer fail to meet any reasonable demand for such a guarantee, MercuryFlooring shall have the right to suspend its obligations wholly or partly or even to cancel all or part of any contracts in operation.
C. In all cases in which the contract is dissolved and/or cancelled through the fault of the customer, that customer commits itself to pay to MercuryFlooring automatically and without notice of default, as indemnity, a default sum equal to 40 % of the contract value.
8. COMMISSION WORK
It is expressly agreed between the parties that all products belonging to the customer which shall at any time be in the warehouse or workshops of MercuryFlooring, shall be the subject to a lien in our favour to guarantee the payment of our charges for the transformation of the customer’s products, including any products which may already have been returned to the customer. Products which are subsequently delivered to MercuryFlooring by the customer for transformation shall be deemed to replace products already transformed and delivered to the customer. All products delivered to us by the customer for transformation shall be deemed to constitute and indivisible whole notwithstanding the fact that the products may be transformed in successive batches.
9. APPLICABLE LAW - DISPUTES
The present terms are applicable to all contracts concluded with MercuryFlooring, with the explicit exclusion of eventual terms of the customer. All issues, questions and disputes concerning the validity, interpretation, ratification, performance or termination of the agreement between MercuryFlooring and the customer shall be governed by and construed in accordance with Belgian law, without regard to any other choice of law or conflict of law rules or provisions (Belgian , foreign or international) that makes the law of a jurisdiction other than Belgium applicable and with the express exclusion of the Vienna Sales Convention. Disputes arising out of our contracts shall be subject to the exclusive jurisdiction of the Courts of the district of Kortrijk (Belgium).
10. FINAL PROVISIONS
The nullity or invalidity of a provision or part of a provision of this general terms and conditions does not affect the operation of the other provisions. The disputed provision is deemed to be standalone and not applicable. MercuryFlooring has the right to replace the relevant provision with a valid provision of the same scope.