- Conditions of Sale
Conditions of Sale
Vendor: Mertailor LLC
1570 N Meadowcrest Blvd Crystal River FL 34429
Person in charge of web sales: Eric Ducharme, Mertailor LLC
The following terms and conditions and any other related rules made available in writing Mertailor LLC (collectively the “Conditions of Sale”) are applicable to all Mertailor LLC products that you (the “Customer”) may order from Mertailor LLC, a corporation organized and existing under the laws of Florida and having its corporate headquarters at 1570 N Meadowcrest Blvd Crystal River FL 34429 U.S.A (“Mertailor LLC” or referred to herein as “us”, “our” or “we”) by the Internet via Mertailor LLC’s Website, identified by the domain name "www.themertailor.com" (the "Website").
By placing an order through the Website or by registering at the Website to purchase Mertailor LLC Products, you guarantee that you are a legitimate customer in accordance with the terms and conditions set forth below and that you accept to be bound by these Conditions of Sale.
These Conditions of Sale apply to sales made through the Website. The Conditions of Sale applicable to any order placed through the Website are those in force on the date you place your order.
Mertailor LLC may modify the Conditions of Sale from time to time, at its sole discretion, and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale. Please read the Conditions of Sale and check the Website on a regular basis to be informed of any changes. If you do not agree to any change to the Conditions of Sale, then you must immediately contact Mertailor LLC to cancel your registration and refrain from ordering any Mertailor LLC product through the Website.
Any individual person Worldwide can register or purchase our Products from the Website.
Mertailor LLC Products are exclusively available for sale to end-user Customers only and may not be bought for re-sale, commercial purposes or any other commercial benefit without prior permission by Mertailor LLC. Consequently Mertailor LLC further reserves the right to refuse orders placed by Customers who breach this condition or if Mertailor LLC reasonably suspects, in its sole discretion, a Customer has breached, intends to breach, or evidences that it will breach this condition. Moreover, in the event that Mertailor LLC reasonably suspects that a third party has breached a customer's registration, password and/or account login, Mertailor LLC shall immediately cancel and terminate the account.
Email is the preferred customer service communications so that there is always a written record of your order's process to reduce misunderstandings & customer service problems. Mertailor LLC does provide phone customer service support and can be contacted at (352) 228-4934 or via email firstname.lastname@example.org with any questions or concerns that you may have. Our customer service staff will respond within 24-48 hours on business days during business hours. Mertailor LLC is open between the hours of 10:00 AM - 5:00 PM EST Monday - Friday (Hours may vary).
4. PRODUCT AVAILABILTY
All orders placed through the Website are subject to availability and acceptance by Mertailor LLC. Mertailor LLC reserves the right to refuse service at any moment in time, without prior notice. Mertailor LLC reserves the right to change the assortment of Products offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice.
You may browse the product pages of the Website, to discover Products that are currently available for sale. Please note that only those creations displaying a “details and purchase” button are available for sale through the Website.
5. REGISTRATIONS AND PERSONAL INFORMATION
In order to place an order through the Website, you will be required to register and create an online account. During this process, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address.
Upon completion of your registration on the Website, you will receive an email summarizing your personal information. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Mertailor LLC will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.
We may change the information required to place an order or the registration requirements from time to time. Please refer to our Privacy Notice for more details. When placing an order through the Website, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Mertailor LLC or its third party providers may collect additional information at this time for security and anti-fraud purposes.
You represent and warrant that the personal information you provide via the Website is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided.
Should any of the information you provide to the Website change, please login to your account and update such information directly on the Website or notify Mertailor LLC at the following email address: email@example.com
6. ORDERING PROCESS
When ordering on the Website, orders will be processed as follows: Once you have chosen a Product, filled out and selected the appropriate fields, click on the “Add To Bag” button to place this Product “My Shopping Bag”. You may then decide to continue shopping for other Products and add them to your “Shopping Bag” (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several Products you have selected by clicking on “X”, “Remove” or "Delete" next to the chosen Product in the Shopping Bag. When you have completely reviewed your order, click on the "Confirm and place order" button on the Website to place your order.
Notwithstanding anything to the contrary provided for herein, Mertailor LLC reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Mertailor LLC may refuse your order if there is an ongoing dispute concerning payment of a prior order or if Mertailor LLC reasonably suspects that you have violated these Conditions of Sale or that you have engaged in fraudulent or grey market activities.
7. PRICES, TAX AND SHIPPING COSTS
All prices shown on the Product pages of the Website are in U.S. Dollars. All prices and offers remain valid as advertised from time to time. Mertailor LLC reserves the right to modify prices and delivery costs at any time without prior notice. The price of a Product and delivery costs displayed on the Website, at the time your order is accepted by Mertailor LLC, will be honored by Mertailor LLC.
Actual shipping costs and applicable taxes will be reflected in the Confirmation of Order and invoice. Sales taxes are displayed on the Product pages and will be reflected to the Product price after you have chosen your delivery options. Delivery costs will be determined during the Step-by-Step ordering process on the website. The actual sales tax will be calculated when your order is complete. Please note that, in exceptional cases, the actual sales tax charged to your order may vary depending on changes in applicable law between the date you placed your order and the date we send you the Confirmation of Order.
8. PAYMENT BY CREDIT CARD
Mertailor LLC accepts the following credit and debit cards: Visa, MasterCard, American Express and Discover.
When ordering on the Website, you will need to enter your payment details on the appropriate forms. You hereby represent and confirm that you are the legitimate holder of the credit card that you will use for payment and that your payment details are correct.
All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Mertailor LLC, you will need to contact your card issuer directly to solve this problem, and Mertailor LLC will not be liable for any delay or non-delivery.
Upon authorization by the card issuer, the amount of your purchase will be processed in full on your credit card to Mertailor LLC. The total amount of your order is due at the time of purchase and will be debited from your bank account at the time of your order.
All of our Products are custom made to order. All payments must be made in full before we place an order in production.
To help ensure that your shopping experience is safe, simple and secure, all credit card transactions performed on the Website are processed using a secure online payment gateway (Authorize.net) that encrypts your card details in a secure host environment. Furthermore, Mertailor LLC will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we shall not be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing the Website.
In order to secure your transactions and prevent fraud, by making an offer to purchase Mertailor LLC products on the Website, you expressly authorize Mertailor LLC to perform credit checks and, where Mertailor LLC deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
9. ORDER REVIEW AND CONFIRMATION
You should carefully check all details before placing your order through the Website, including without limitation, measurements, color selections, the Order Reference Number and the particulars of the sale, which will be provided on the Website.
Once you have confirmed and placed your order, Mertailor LLC will issue an Order Reference Number, and acknowledge that it has received your order, which will be processed following the usual credit and anti-fraud checks. Please make sure that you save this Order Reference Number for any future enquiries.
On placing an order through the Website, you are making an offer to Mertailor LLC to purchase the products, in accordance with these Conditions of Sale.
10. ACKNOWLEDGEMENT OF ORDER
Once you have made your choice and your order has been placed through the Website, you will receive an email acknowledging the details of your order.
When ordering using the Website, please carefully review these Conditions of Sale upon receipt.
11. CONFIRMATION OF ORDER
Mertailor LLC will send you by email a Receipt and Confirmation of Order. Acceptance of your order by Mertailor LLC concludes the offer and acceptance process; the result being the formation of an executed sales contract at the time Mertailor LLC sends the Confirmation of Order for the purchase of Mertailor LLC products and associated services.
12. PROOF OF AGREEMENT
The Acknowledgement of Order and Confirmation of Order that are sent to you by email are deemed to be received when you are able to access it on a computer, mobile or handheld device.
The Confirmation of Order and any automatic recording systems used on the Website will be proof of a binding agreement between you and Mertailor LLC.
Mertailor LLC will preserve information concerning all orders for a minimum of three (3) years. These records may be made available to you by registering on the “My Account” section of the Website. However, you are advised to keep a copy (electronically and/or on paper) of all information associated with your order (i.e. the Acknowledgement of Order and the Confirmation of Order).
13. APPEARANCES AND DESIGN
Photos of our Products on our website may not be of the exact Product that you purchase. All Products are made to order and will never be exact. Products displayed the Website are representative of the color, design, and style of the original Products, slight variations may occur for technical and other reasons. Accordingly, Mertailor LLC shall not be liable for any error or inaccuracy in the photographs or graphical representation of Mertailor LLC Products displayed on the Website. If there are certain physical properties that are important to you, you should ask us to verify these for you before you make your purchase.
14. SIZING INFORMATION
It is the Customer's responsibility to submit accurate measurements for the product that you are purchasing on the Website. A detailed list of measurements and measuring charts are on each Product page for you to follow. Follow the given information to your best ability. All measurements must be given and confirmed in Inches and US sizes. Do not add or subtract any unit of measure to your final measurement. Review your measurements when confirming your purchase on the Website.
Mertailor LLC is not responsible for incorrect, improper measurements or sizes confirmed by you. Our Customers take the final responsibility for ordering the correct size.
Necessary alterations will be made to confirmed measurements. The final Product’s measurements may vary slightly from what you originally submitted. We highly recommend having a professional seamstress take your measurements.
15. MATERIAL SAFETY INFORMATION
15.1 SWIMSUITS, GARMENTS, AND ALL OTHER APPAREL AND ACCESSORIES
We use only the finest materials to manufacture our swimwear, apparel, and accessories. Please refer to each Product page for Product specific information.
15.2 CUSTOM SILICONE PRODUCTS (ie. Silicone Mermaid Tail, Basic Silicone Mermaid Tail, etc.)
Although our Silicone Products are completely cured and made skin safe, our Products are made in a facility that has traces of various chemicals such as silicone rubber, latex rubber, epoxy, fiberglass resin, polysulfide rubber, urethane rubber and plastic, foam, adhesives, release agents and sealers. Your Product may come into contact with one of these materials at any given time. Accordingly, Mertailor LLC shall not be liable for any error or inaccuracy for allergic reactions, rashes, burns, skin pigmentations, health defects and or any illness that our Products might cause.
We ship orders Worldwide via UPS, FedEx, DHL, and USPS. Please note that Mertailor LLC does not ship to P.O. Boxes. Available options will be displayed during checkout based on your shipping destination.
You must allow enough time for the delivery of your order based upon the delivery scheduled of the product that you are ordering. You must confirm with us in writing any special delivery requests. Total production time may vary based on the product you have purchased. Mertailor LLC charges delivery costs to you, which are in addition to the price of the Mertailor LLC products themselves. The cost of delivery shall be calculated according to the purchase value of your order, the weight, dimensions of the product, and your delivery address as indicated in these Conditions of Sale.
When estimating package delivery time, please allow time for credit approval, address verification order processing and production time.
Product tracking information is automatically emailed, but is often delivered to spam folders of the Customer. Please email us at firstname.lastname@example.org with your request & we will respond with an answer normally within 24-48 hours during business days (not including weekends or holidays).
We will use reasonable efforts to ensure the estimated delivery lead times from the date of your order.
Please note that in exceptional cases, express delivery may be delayed from the purchase of a custom made Product. In such cases, Mertailor LLC will contact you to propose other arrangements and refund charges associated with your express delivery.
Each delivery package will contain, in addition to your purchased Mertailor LLC Product: (i) all related accessories, if any, (ii) a thank you card, if any; (iii) document holder including the Product Manual, as applicable, and the Certificate of Authenticity and Warranty Card, if any; (iv) these Conditions of Sale.
Mertailor LLC insures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm your acceptance of each Mertailor LLC product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Mertailor LLC and transfer of responsibility to the recipient in the same way as if the Product had been delivered to you.
16.1 ESTIMATED PRODUCTION TIMES FOR STOCK PRODUCTS
I) While most stock items ship within one business day, please allow up to 2-3 business days for order processing before your order ships.
16.2 ESTIMATED PRODUCTION TIMES FOR CUSTOM MADE PRODUCTS
This section pertains to custom made products only!
I) Custom Full Silicone Mermaid Tails 5-10 weeks
II) Custom Partial Silicone Mermaid Tails 5-10 weeks
III) Custom Mermaid Related Accessories such as Tops and Jewelry 4-6 weeks
IIII) Custom Eco Mermaid Tails 4-6 weeks
We may change this information at anytime.
In the case of a Product or material to create your Product being is out of stock & backordered, we will update you on its status. In some cases you may wait for the Product to become available. Unfortunately, backorders occasionally do happen, which is out of our control.
18. RETURN POLICY
18.1 STOCK PRODUCTS
Returns will be accepted for exchange or refund to original Purchaser’s method of payment on as follows:
UNUSED/UNWORN ITEMS RETURNED IN ORIGINAL PACKAGING WITHIN 30 DAYS OF PURCHASE. All shipping costs are the responsibility of Purchaser. If an item is returned “used” it will be returned to the customer at the customer’s expense upon payment of return shipping charges by Customer, or item will be disposed of by Mertailor LLC and will not be eligible for exchange, replacement, or refund. DAMAGE FROM USE PRECLUDES ITEM FROM ELIGIBILITY FOR EXCHANGE OR REFUND.
18.2 CUSTOM PRODUCTS AND SPECIAL ORDER PRODUCTS (ie. Silicone Mermaid Tail, Basic Silicone Mermaid Tail, etc.)
Custom Products or Special Order Products are NON-RETURNABLE, NON-TRANSFERABLE, NON-CANCELLABLE and NON-REFUNDABLE. There are absolutely no exchanges or returns on merchandise purchased. All sales are final. Our Products are special and we want you to be a satisfied customer. Our Products vary in delivery time, so estimated times of arrivals are not guaranteed. As strict as this may sound, we have your best interest in mind.
18.1 CUSTOMER’S RIGHTS TO CANCEL ORDER
If you, as a Customer, decide you do not want the goods or services ordered through the website, you may cancel the sale contract by sending an email to Mertailor LLC at email@example.com, within three (3) business days following the transaction to receive a refund. The notice must state that you do not want the goods or services and it must be emailed before midnight of the third (3rd) day after we send you the acknowledgement of order. Mertailor LLC will use reasonable efforts to refund the full price you paid, no later than fourteen (14) days after receipt of your request to cancel the order.
18.2 INSPECTION POLICY
When you receive your Product, you must immediately and carefully inspect the shipment for correctness, completeness and for any possible shipping damage. Any concerns or issues must be expressed to us within three (3) days after receipt of your shipment. If problems are not reported to us within three (3) days after receipt of your shipment, we will not be responsible for correcting any problems.
Contact Mertailor LLC by sending an email to firstname.lastname@example.org to express your concerns.
18.3 DEFECTIVE PRODUCTS
Mertailor LLC is extremely cautious in ensuring that each Product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
If nevertheless you receive a Product that seems to be defective or damaged, you may contact us by email at email@example.com with a detailed email of the damages within one business day upon receipt of the Product for further instructions. Mertailor LLC may classify the Product as a defective Product. Please note that items that are damaged as a result of wear and tear are not considered to be defective.
If Mertailor LLC declares your Product as defective, the following solutions will be proposed to the Customer, as applicable:
I) Mertailor LLC may send you the same Product in the exact same size, subject to availability,
II) Mertailor LLC may propose an exchange for another Mertailor LLC creation of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference.
III) Mertailor LLC may propose to repair the original purchased product(s) and return back to the customer at the companies expense.
If Mertailor LLC is at fault for defective or damaged products, the product will be corrected or replaced along with reimbursement of any return shipping monies to Mertailor LLC.
If any Repairs are needed and available, Repair costs are not included in the price of the Product.
For repair inquiries, please contact us by email at firstname.lastname@example.org.
20. WARRANTIES / LIMITATION OF LIABILITY
WHILE MERTAILOR LLC WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE WEBSITE, IN ADVERTISEMENT IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY, RELIABILTY AND COMPLETENESS OF SUCH INFORMATION. THIS INFORMATION IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND “AS CREATED” BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE, AND MERTAILOR LLC MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO SUCH INFORMATION, OR ANY TRANSACTION THAT MAY BE CONDUCTED ON OR THROUGH THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. IN NO EVENT MERTAILOR LLC WILL BE LIABLE FOR DAMAGES OTHER THAN ACTUAL DIRECT DAMAGES PROVEN IN A COURT OF LAW. WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE MERTAILOR LLC PRODUCTS DISPLAYED ON THE WEBSITE ARE REPRESENTATIVE OF THE COLOR, DESIGN, AND STYLE OF THE ORIGINAL PRODUCTS, SLIGHT VARIATIONS MAY OCCUR FOR TECHNICAL AND OTHER REASONS. ACCORDINGLY, MERTAILOR LLC SHALL NOT BE LIABLE FOR ANY ERROR OR INACCURACY IN THE PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF MERTAILOR LLC PRODUCTS DISPLAYED ON THE WEBSITE.
21. WAVER OF LIABILITY AND INJURY
Adult supervision is required for all of our products. Do not use any products where water is too deep for ability. All users of our products assume risk resulting from its use. Whether proximate or remote, there may be risk of injury. Mertailor LLC, manufacture, nor seller of any products assume any liability.
At our request, you agree to defend, indemnify and hold harmless Mertailor LLC, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Conditions of Sale by you or any other liabilities arising out of your use of this Website, or the use by any other persons accessing this Website using your Internet account or account login. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
23. ENTIRE AGREEMENT
The Conditions of Sale (as amended from time to time) constitutes the entire agreement between you and Mertailor LLC regarding your use of the Website and any transactions you may have with Mertailor LLC through the Website, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Mertailor LLC in relation to such matters. In the event any other rules, code of conduct, or other matter posted on the Website conflicts with the terms of the Conditions of Sale, the Conditions of Sale shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Conditions of Sale. You confirm that, in agreeing to accept the Conditions of Sale, you have not relied on any representation save insofar as the same has expressly been made a representation in the Conditions of Sale and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Conditions of Sale save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions of Sale.
24. NO WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
25. GOVERNING LAW
The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Florida, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in the State of Florida and County of Citrus.