Within 14 Days Guaranteed
Article 1 – Right of withdrawal
The Consumer can requst a refund for a purchase of a product with giving reasons for a period of reflection of at least 14 days. Merch For My Band may ask the Consumer about the reason if one is not given in an initial contact. We may also request a photograph of any damages or misprinted products. The reflection period referred to starts on the day the product is received by the Consumer or by a third party appointed by him/her in advance and who is not the carrier, or if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product.
Article 2 – Consumer’s obligations during the time of reflection
During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section one.
The Consumer is not liable for the decrease in value of the product if Merch For My Band has not provided him with all legal information about the right of withdrawal before concluding the Agreement. This information is stated in the paragraph before this one, so if you have read this, you have been informed.
Article 8 – Exercising the Consumer’s right of withdrawal and the costs
If the Consumer exercises his right of withdrawal he shall notify Merch For My Band unambiguously with the standard form for withdrawal within the period of reflection (14 days).
The Consumer shall return the product to Merch For My Band as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause one.
You will return all products to:
Merch For My Band
Attn: B .Messingham
34 Hanson Close
Mortlake
London SW14 7SH
Great Britain
The Consumer shall return the product(s) with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by Merch For My Band.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
The Consumer shall bear the direct costs of returning the product(s). If Merch For My Band pointed out that we will bear the costs ourselves, the Consumer need not pay the cost of returning the product.
Article 9 – Entrepreneur’s obligations in case of withdrawal
- If Merch For My Band makes the notification of withdrawal by electronic means possible, we will promptly send a return receipt.
- Merch For My Band shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may hahve been charged as soon as possible but within 14 days following the day on which the Consumer notified us of the withdrawal.
- Merch For My Band shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
- If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, Merch For My Band need NOT reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal
Merch For My Band can exclude the following products and services from the right of withdrawal but only if Merch For My Band notified this clearly when making the offer or at any rate in good time before concluding the agreement:
Products or services with a price that is subject to fluctuations in the financial market on which Merch For My Band has no influence and which may occur within the period of withdrawal;
Services agreements, after full performance of the service, but only if the performance started with the Consumer’s explicit prior consent; and the Consumer stated that he will lose his right of withdrawal as soon as Merch For My Band has fully performed the agreement.
Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person;
Merch For My Band guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
An extra guarantee offered by Merch For My Band, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfilment of his part of the agreement.
‘Extra guarantee’ is taken to mean each obligation by Merch For My Band. his Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.
Article 13 – Delivery and execution
Merch For My Band shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
The place of delivery is at the address given by the Consumer to Merch For My Band.
With due observance of the stipulations in Article 4 of these General Terms and Conditions, Merch For My Band shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
After repudiation in conformity with the preceding paragraph, Merch For My Band shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
The risk of loss and/or damage to products will be borne by Merch For My Band until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
