Article 1 – Definitions
The terms used in these general terms and conditions are defined as follows:
‘Mrsk Club’: the natural or legal person who offers products and / or services to consumers at a distance;
- Consumer: the natural person not acting in the course of a profession or business and enters into a distance contract with the ‘Mrsk Club’;
- Distance contract: a contract which is concluded within the framework of an organized system for the ‘Mrsk Club’, with the use of one or more means of distance communication.
- Technology for distance communication: means that can be used to conclude a contract, without the consumer and the ‘Mrsk Club’ are met simultaneously in the same location.
- Cooling – off period: the period which the consumer can make use of his right of withdrawal;
- Right of withdrawal: the possibility for the consumer to –within the cooling off period- opt out of the distance contract;
- Day: calendar day;
- Duration transaction: a distance contract concerning with a series of products and / or services, whose supply and / or purchase is spread in time;
- Durable medium: any storage device that allows the consumer or the ‘Mrsk Club’ to store information provided to him personally to be stored in a way that future consultation and unaltered reproduction of the information is made possible.
- Model form: the model form that the ‘Mrsk Club’ makes available to the consumer and that the consumer can fill in when he wishes to exercise his right of withdrawal;
- Terms and Conditions: these general Terms and Conditions of the ‘Mrsk Club’.
Article 2 – Identity of the ‘Mrsk Club’
Limited Company Name: MRSK LTD
Company Number: 12752763
Registered office address: 20-22 Wenlock Road, London, England, N1 7GU
Nature of business (SIC): 47710 - Retail sale of clothing in specialised stores
Incorporation Date: 19/07/20
Unique Taxpayer Reference (UTR): 71834 11778
If the activity of the ‘Mrsk Club’ is subject to a relevant licensing regime: information about the supervising authority:
If the ‘Mrsk Club’ is a regulated profession:
the professional association or organisation of which he is a member; the professional title, the place in the EU or the European Economic Area where it is assigned a reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules can be accessed.
Article 3 – Scope of application
- These Terms and Conditions apply to every offer of the ‘Mrsk Club’ and any distance agreement or order between the ‘Mrsk Club’ and the consumer.
- Before the distance agreement is concluded, the text of these Terms and Conditions will be made available to the consumer in such a way that it can be easily stored on a durable data carrier by the consumer. If this is not reasonably possible, then before the distance contract is concluded, the ‘Mrsk Club’ will indicate that they can be reviewed and at the request of the consumer will be sent free of charge.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these Terms and Conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the Terms and Conditions by electronics means can be found and that the, at the consumer’s request, by electronic means or otherwise will be sent free of charge.
- In addition to these Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer can, in the event of conflicting terms and conditions, always relay on the applicable provision that is most favourable to him.
- When one or more provisions of these conditions are void or destroyed in whole or in part, the agreement and the remainder of these Terms and Conditions and the relevant provision will be replaced by a provision that covers the original as much as possible.
- Situations that are not governed in these Terms and Conditions, should be assessed ‘in spirit’ of these terms and conditions.
- Lack and clarity about the interpretation or content of one or more provisions of our Terms and Conditions, must be explained ‘in the spirit’ of these Terms and Conditions.
Article 4 – The offer
- If an offer is subject to a limited duration or subject to conditions, this will be explicitly mentioned.
- The offer in the web shop is without obligation. The ‘Mrsk Club’ is entitled to change and adapt the offer.
- The offer contains a complete and accurate description of the products/services offered. The description is sufficiently detailed to a proper assessment of the offer by the consumer as possible.
- If the ‘Mrsk Club’ uses illustrations, these are a true reflection of the products/services offered.
- All pictures, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
- Every offer will contain such information that it is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
- the price including taxes;
- the price of any shipping costs;
- the way in which the contract shall be concluded and which actions this will require;
- whether or not the right of withdrawal applies;
- the arrangements for payment, delivery and performance of the contract or order;
- the deadline for accepting the offer, or the period within which the ‘Mrsk Club’ guarantees the offered price;
- the rate for distance communication, if the cost of using the means of distance communication are calculated on a basis other than the basic fee for the means of communication used;
- whether the agreement is filed subsequent to its conclusion, and if so how the consumer can consult it;
- the way in which the consumer can rectify the information provided under the agreement, before the conclusion of the agreement.
- Other languages, beside English , a agreement can be entered;
- Code of Conduct which ‘Mrsk Club’ has to conform and instructions where the consumer can find the Code of Conduct digital;
- The minimum duration of the distance agreement of a duration transaction.
- Where available the option of sizes.
Article 5 – Conclusion of agreement
- The agreement is subject to the provisions of paragraph 4 of this article, concluded at the time the consumer accepts the offer and comply with the corresponding conditions.
- If the consumer has accepted the offer electronically, confirms ‘Mrsk Club’ by electronic means receipt of the order without delay. As long as the order is not confirmed by the ‘Mrsk Club’, the consumer may rescind or cancel the agreement free of charge.
- If the contract is concluded electronically, the ‘Mrsk Club’ shall take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure Web environment within the Shopify platform. If the consumer can pay electronically, the ‘Mrsk Club’ will take appropriate security measures via Shopify’s online platform.
- The ‘Mrsk Club’ can-within statutory frameworks- inquire about the consumer’s ability to fulfil his payment obligations, as well as facts and factors that are important for a responsible conclusion of the distance contract. If the ‘Mrsk Club’ on the basis of this research has good reasons does not enter into the agreement, he is entitled to refuse an order or request special conditions.
- The ‘Mrsk Club’ will add to the product or service the following information, in writing or in such a way that the consumer can store it on an accessible durable medium:
- the address of the place of business of the ‘Mrsk Club’;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information on existing after-sales service and guarantees;
- the conditions in article 4 paragraph 3 of these recorded data, unless the ‘Mrsk Club’ has already provided the consumer with this data before the implementation of the contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or for an undetermined time.
- In the event of a duration transaction the previous paragraph applies only to the first delivery.
- Any agreement or order is entered under the condition of sufficient availability of the products
Article 6 – Right of withdrawal
Delivery of products:
- In the event of a purchase, a consumer has the possibility to dissolve the agreement for 14 days without giving any reason. This period commences on the day following receipt of all products by the consumer or a by the consumer announced representative.
- During the reflection period, the consumer shall handle the product and the packaging with care. He will only unpack or use the product to the extent necessary in order to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will have the product and if reasonably possible- in the original condition and packaging returned to the ‘Mrsk Club’, in accordance with the reasonable and clear instructions provided by the ‘Mrsk Club’.
- If the consumer wants to use his right of withdrawal he is obliged to make this known to the ‘Mrsk Club’ within 14 days of receipt of all the products. The consumer can do this by means of the standard form. After the consumer expressed wanting to make use of his right of withdrawal, the consumer shall return the product within 14 days to the ‘Mrsk Club’. The consumer must prove that the products are returned in a timely manner, for example by means of a proof of mail delivery.
- If the consumer at the end of the statutory period in paragraph 2 and 3 of this article has not expressed to want to make use of his right of withdrawal or the product has not been returned to the ‘Mrsk Club’, the sale is a fact.
- Delivery of services:
- When delivering services, the consumer can terminate the contract without giving any reason within 14 days after concluding the agreement.
- To exercise his right of withdrawal, the consumer will inform the ‘Mrsk Club’ in accordance with the reasonable and clear instructions provided by the ‘Mrsk Club’.
Article 7 – Costs in case of right of withdrawal
- If the consumer exercises his right of withdrawal, the costs of return are entirely for the account of the consumer.
- If the consumer has paid an amount, the ‘Mrsk Club’ shall ensure that within 14 days after the consumer expressed wanting to make use of his right, the full amount of that mask £9.99 is refunded to the consumer. The consumer must prove that the delivered goods are returned, for example by means of a proof of mail delivery
Article 8 – Exclusion of the right of withdrawal
- The ‘Mrsk Club’ can exclude the right of withdrawal of the consumer as far as provided for in paragraph 2 and 3 of this article. The exclusion of the right of withdrawal is valid only if the ‘Mrsk Club’ states this clearly in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- That the ‘Mrsk Club’ has established in accordance with the consumer’s specifications;
- That are clearly personal in nature;
- That cannot be returned due to their nature;
- That rapidly decay or become absolute;
- The price of which is subject to fluctuations on the financial market on which the ‘Mrsk Club’ has no influence;
- For individual newspapers and magazines;
- For audio and video recordings and computer software whose the consumer has broken the seal;
- Hygiene products that are sealed and who’s the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- on accommodation, transport, restaurant or leisure that has to be carried out on a certain date or during a given period;
- services which the delivery with the express consent of the consumer started before the cooling off period has expired;
- Betting and lotteries.
Article 9 – The price
- During the period mentioned in the offer, the prices of the offered products/services do not increase, except for prices changes due to changes in VAT rates.
- Contrary to the previous paragraph the ‘Mrsk Club’ can offer products whose prices are subject to fluctuations in the financial market beyond the ‘Mrsk Club’’s control, with variable prices. These fluctuations and the fact that any prices are variable will be mentioned in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
- Prices increases form 3 months after the contract was concludes are only allowed if agreed upon beforehand with the ‘Mrsk Club’ and:
- they are the result of statutory regulations or provisions; or the consumer has the power to terminate the contract on the day on which the prices increase takes effect.
- All prices mentioned are inclusive of VAT.
- All prices are subject to misprints. The ‘Mrsk Club’ is not liable for misprints. By misprints the ‘Mrsk Club’ is not obligated to deliver the product according to the incorrect price.
Article 10 – Compliance and warranty
- The ‘Mrsk Club’ guarantees that the products and/or services fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legal provision and/or Government regulations. If agreed the ‘Mrsk Club’s also states that the product is suitable for other than normal use.
- A warranty by the ‘Mrsk Club’, manufacturer or importer does not alter the legal rights and claims that the consumer can assert under the agreement with the ‘Mrsk Club’.
- Any defects or wrong products delivered must be reported in writing to the ‘Mrsk Club’s within 7 days after delivery. Return of the products must be made in the original packaging and new state.
- The warranty period of the ‘Mrsk Club’ corresponds to the factory guarantee period. The ‘Mrsk Club’ is not responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- The guarantee does not apply if:
- The delivered goods have been repaired and/or modified by third parties and/or the consumer;
- The delivered goods are exposed to unusual circumstances or otherwise treated carelessly or contrary to the instructions of the ‘Mrsk Club’ and/or on the packaging.
- ‘Mrsk Club’ is providing protective face masks and takes no responsibility/liability if someone develops COVID 19 symptoms when wearing/in possession of a product.
- ‘Mrsk Club’ use of the PM 2.5 filters is to provide particle filtration of parts larger than 2.5 parts per million only.
- ‘Mrsk Club’ complies with government/medical advice where possible and is not liable/responsible for changing product design in line with changing guidance/policies.
Article 11 – Delivery and execution order
- The ‘Mrsk Club’ is using Asendia UK Ltd who will take the greatest possible care in the receiving and the execution and/or delivery of the orders and the services.
- The place of delivery is the address that the consumer has notified to the ‘Mrsk Club’.
- Accepted orders will be sent promptly but no later than 60 days after order message, unless the consumer has given permission that a longer delivery period is complied with. If delivery is delayed, or if an order is not or only partially carried out, the consumer will receive a message and has the right to terminate the contract without penalty.
- All delivery times are indicative. Exceeding a term gives consumers no right to compensation.
- In case of dissolution in accordance with paragraph 3 of this article, the ‘Mrsk Club’ will refund the amount which the consumer has already paid for that month’s product only as soon as possible but no later than 14 days after dissolution.
- If delivery of an ordered product proves impossible, the ‘Mrsk Club’ will attempt to provide a replacement product. At the latest when the delivery is made, it will be reported that a replacement article is delivered. At replacement articles the right of withdrawal cannot be ruled out. The costs of any return shipment shall be borne by the consumer.
- The risk of damage and/or loss of products rests upon the ‘Mrsk Club’ up to the moment of delivery to the consumer, unless otherwise expressly agreed. To the delivery obligation by the ‘Mrsk Club’ is met, once the order is offered to consumer once.
Article 12 – Duration transactions: duration, cancellation and renewal
- If the consumer has entered into a contract for an indefinite period, which extends to the regular delivery of products (including electricity), at any time he can terminate it under the applicable termination rules and at a maximum of one month’s notice.
- The consumer that had contracted for a definite period, which extends to the regular delivery of products (including electricity) or services, can at any time by the end of the fixed period terminate the agreement under the applicable termination rules and at a notice of one month.
- The consumer can, for the agreements mentioned in the previous paragraphs:
- terminate and not be limited to cancellation at some time or in a given period;
- cancel at least in the same way as they are entered into by him;
- cancel to the same notice period as the ‘Mrsk Club’ has stipulated for itself. Renewal
- An agreement for a definite period, which extends to the regular delivery of products (including electricity) or services, may only be extended for an indefinite period if the consumer can cancel at any time with a notice of maximum one month and a notice of maximum three months..
9.Agreements with duration of more than one year can be cancelled after one year at any time and with a notice of maximum one month, unless the reasonableness and fairness is an objection against the termination before the agreed duration.
Article 13 – Payment
- As far as not agreed otherwise, the amounts owed by the consumer have to be paid within 7 business days after the cooling off period ex article 6 paragraph 1. In case of an agreement to provide a service, the amounts have to be paid within 7 business days after the consumer has received the confirmation of the agreement.
- The consumer has the duty to report inaccuracies in payment data provided or stated without delay to the ‘Mrsk Club’.
- In case of non-payment subject to statutory limitations, the ‘Mrsk Club’ has the right to advance to the consumer reasonable costs to charge.
Article 14 – Complaints procedure
- The ‘Mrsk Club’ has a complaints procedure and handles complaints by filling out the complaints procedure.
- Complaints about the performance of the contract or an order should be fully and clearly described and submitted to the ‘Mrsk Club’ within 7 days after the consumer has found the flaws.
- Complaints are handled within 14 days from the date of receipt. If a complaint requires longer processing time, the ‘Mrsk Club’ will, within the period of 14 days, reply with a message of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be solved in joint consultation, a dispute arises that is susceptible to the dispute resolution.
Article 15 – Disputes
- UK law shall apply exclusively to any dispute, agreements and orders, even if the consumer lives abroad.
Article 16 – Additional or different terms
Additional derogations from these general terms and conditions must not be to the detriment of the consumer and should be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium by consumer.