1) Scope
Any commercial transaction concluded between (i) the company “Mer D’ocre”, whose registered office is located at 8300 Knokke-Heist, Kustlaan 38, Belgium, VAT BE 0473.569.440, and (ii) the customer residing in a member state of the European Union via the e-commerce websites https://hypnochic.com/ and //hypnochic.com (hereinafter the “e-commerce site”) shall be governed by these terms and conditions of sale.
Mer D’ocre is a retailer/wholesaler in the fashion jewelry industry, including but not limited to the brand Hypnochic® as well as other brands and collections (hereinafter “products”), whose purpose is to sell via this e-commerce site to both individual and professional customers.
The term “customer” refers to any person purchasing products from Mer D’ocre via the e-commerce site for final use, who is assumed to be over 18 years old.
By placing an order/purchase via the e-commerce site, the customer acknowledges having read and accepted these general terms and conditions, which take precedence over any other terms and conditions, regardless of their origin.
These terms and conditions do not affect the mandatory rights granted to the customer under Belgian and/or European consumer protection legislation.
The nullity of one or more provisions of these terms and conditions shall in no way affect the validity of the other provisions. In such a case, Mer D’ocre and the customer shall, to the extent possible and in good faith, negotiate to replace the invalid clause with an equivalent one consistent with the general intent of these terms and conditions.
If Mer D’ocre refrains from enforcing strict compliance with any of these conditions, this shall not constitute a waiver of its rights and shall not prevent Mer D’ocre from subsequently requiring full compliance with these terms and conditions.
Mer D’ocre reserves the right to adapt or amend these terms and conditions at any time.
Customers are advised to print and/or save a copy of these terms and conditions when placing an order.
2) Offer
Catalogues, newsletters, files, and other advertisements, regardless of their format, shall not be considered binding offers for the described products.
3) Conclusion of an Online Purchase
Placing an order via the e-commerce site involves the following steps:
- The customer selects the desired products and clicks “Add to cart”.
- Clicks “Checkout”.
- Selects the delivery method and enters shipping information.
- Selects a payment method and enters payment details.
- Receives an order summary.
- Confirms by clicking “Pay for this order”.
- After payment, the customer receives an order confirmation from Mer D’ocre. Customers are advised to print or save this confirmation for future reference.
The purchase is concluded upon receipt of the confirmation email from Mer D’ocre, even if this email is delivered to the customer’s spam folder. This confirmation email is sent only after successful payment.
Any changes or additions to the products after the purchase is concluded but before delivery (e.g., size, color, or delivery method) will only apply if agreed upon by both parties.
4) Right to Cancel Orders
Before processing an order, Mer D’ocre reserves the right to:
(i) verify the customer’s information and activities, and
(ii) request additional information for security, fraud prevention, and safety reasons.
Mer D’ocre may refuse to process orders if there is evidence that the customer intends to resell the products.
If Mer D’ocre is, for objective reasons, unable to fulfil an order (e.g., products out of stock, suspicion that the customer is under 18, inability to deliver to the provided address, etc.), Mer D’ocre shall inform the customer within 7 calendar days after the order confirmation. Payments already made shall be refunded within 14 calendar days. No compensation may be claimed in such cases.
Mer D’ocre may also cancel an order if incorrect information was provided by the customer or if there are reasonable grounds to believe that the purchase is not legitimate. In such a case, Mer D’ocre may claim compensation for any resulting losses.
5) Prices
All prices are expressed in the currency applicable to the delivery country and include VAT but exclude shipping, transport, and administrative costs unless otherwise stated.
Delivery costs are always specified separately.
Products are always sold at the prices displayed on the e-commerce site at the time of purchase.
If one or more price factors change (e.g., wages, production costs, taxes, transport costs, exchange rates), Mer D’ocre reserves the right to adjust its prices accordingly, in compliance with applicable laws.
6) Promotions
Promotional codes (including, but not limited to, price reductions, vouchers, free delivery, etc.) must always be used in accordance with their stated terms and conditions. They are personal, non-transferable, and valid only for purchases on the e-commerce site.
Only one promotional code can be used per product and per order. Promotional codes cannot be exchanged for cash.
Mer D’ocre reserves the right to cancel a promotional code immediately if it suspects improper or fraudulent use.
7) Delivery
The indicated delivery date is approximate but shall not exceed 30 days after order confirmation. Delays, except in cases of intent or gross negligence by Mer D’ocre, cannot be grounds for compensation or order cancellation.
Deliveries can be made to a specified address or to a GLS pick-up point.
Risk passes to the customer upon delivery. If the customer is absent at delivery, the parcel will be available at the post office or pick-up point. Unclaimed parcels will be returned to Mer D’ocre, and related costs shall be borne by the customer.
8) Payment
Orders can be paid online via the secure payment module on the e-commerce site or by bank transfer.
Mer D’ocre uses external professional partners for payment processing. Customer payment data is handled exclusively between the payment platform and the financial institution.
9) Electronic Invoicing
By ordering a product, the customer expressly agrees to the use of electronic invoicing by Mer D’ocre, unless otherwise agreed in writing.
10) Right of Withdrawal
Customers purchasing via the e-commerce site have the right to withdraw from the purchase within 14 calendar days after receiving the products, without providing a reason.
To exercise this right, the customer must inform Mer D’ocre (merdocre@skynet.be) via a clear statement by email, fax, or post.
Returned products must be in their original condition and packaging, with all accessories and tags intact. The customer bears the return shipping costs.
11) Visible/Hidden Defects and Complaints
Upon delivery, the customer must inspect the products immediately. Any visible defects (quantity, size, color) must be reported to Mer D’ocre within 48 hours and before using the product.
Failure to do so implies acceptance of the delivery.
12) Liability
Mer D’ocre’s liability is limited to the invoice amount (excluding VAT) of the supplied products. Indirect damages (e.g., loss of income) are not covered.
13) Force Majeure / Economic Hardship
In cases of force majeure or unreasonable economic hardship, Mer D’ocre may suspend or cancel its obligations without being liable for damages.
14) Offsetting
In accordance with Belgian law, Mer D’ocre and the customer agree to automatically offset all current and future debts between them.
15) Intellectual Property
Mer D’ocre owns all copyrights and intellectual property rights to product descriptions, texts, designs, images, and innovations. Customers may not copy or use these without prior written consent.
16) Governing Law and Jurisdiction
Belgian law applies. Disputes fall under the exclusive jurisdiction of the courts where Mer D’ocre has its registered office.
17) Language
The original language of these terms and conditions is French. Translations are provided for informational purposes only.