Terms & Conditions

Article 1 - Definitions
Not Your Mermaid is based in Amsterdam.
Customer means the person with whom Not Your Mermaid has entered into an agreement;
Party means Not Your Mermaid and customer together; and
Consumer means a customer who is also an individual and acts as a private person.

Article 2 – Identity of the entrepreneur
Name Company: Not Your Mermaid
Based: Haarlemmerweg 376, 1014BL Amsterdam, The Netherlands
E-mail address: info@notyourmermaid.com
KVK: 88150895
VAT identification number: NL004550426B27

Article 3 - Applicability
- These terms and conditions apply to all offers, orders, agreements, and deliveries of products by or on behalf of Not Your Mermaid. Unless Not Your Mermaid agrees to other terms and conditions in writing.
- You cannot derive any rights for future transactions from any agreed deviations.
- As long as the agreement has not been concluded, Not Your Mermaid is entitled to change the terms and conditions and prices.

Article 4 – Prices
- All prices mentioned on the website of Not Your Mermaid include 21% VAT.
- If you order more than one item, the shipping costs remain the same.
- Not Your Mermaid can change all prices mentioned on the Not Your Mermaid website or in any other way at any time.

Article 5 – Payment
- The agreement to buy and sell comes into effect at the moment you accept the offer and you meet the conditions attached to it. As long as the receipt of this acceptance has not been confirmed by e-mail, the customer may dissolve the agreement.
- Not Your Mermaid offers the following payment options: Credit Card, Ideal, Klarna Pay Later, Klarna Pay Now.

Article 6 - Returns 

- Of course we hope that you are fully satisfied with your purchase. If you are not satisfied, you can return your items within 14 days from the date your received your order. We guarantee a refund if the item(s) are returned in perfect conditions and in original (gift) packaging. For item(s) you purchased with a promotion or on sale: you can return your items within 14 days from the date your received your order.

Please send an email to: info@notyourmermaid.com to communicate the return and to request the shipping address to which you can ship the package. 

We ask you kindly to describe the reason for returning the product to help us improve our service. 

We do not bear the costs of returning your order. Costs and risks of the return are for the customer. After receiving the article you will be notified and we will refund the purchase price into your bank account within 7 days. 

• Costs and risks of the return are for the customer. 
• As soon as we have received the return in good order, we will inform the consumer and the refund will be completed within 7 working days.
• The consumer is obliged to return the product to Not Your Mermaid within 14 days after notifying Not Your Mermaid of his right of withdrawal, failing which his right of withdrawal will lapse.
• During the viewing period of 14 days, you must treat the articles and package with care. You will only unpack or use the product to the extent necessary to assess whether you wish to keep the product.
• If the items delivered by Not Your Mermaid are not returned within 14 days of receipt, the items will be considered accepted.

How to return an item:

Please email info@notyourmermaid.com to communicate the return and to request the shipping address to which you can ship the package. 

- Warranty: please, check all your items before use. If something is not correct, please send us an e-mail to info@notyourmermaid.com we will help you. If you lost or improper used an item, we can't offer you any service. 

Article 7 – Retention of title
- Not Your Mermaid remains the owner of all delivered products until the consumer has fully fulfilled all his payment obligations towards Not Your Mermaid based on of any agreement concluded with Not Your Mermaid.
 - Until that time, Not Your Mermaid can invoke its retention of title and take back the products.
- If Not Your Mermaid invokes its retention of title, the agreement will be deemed dissolved and Not Your Mermaid will be entitled to claim damages, loss of profit and interest.

Article 8 - Delivery
- The place of delivery is the address that the consumer has given to Not Your Mermaid.
- We have free shipping on all orders above €100 in The Netherlands. 
- We are not responsible for any delays of the package caused by PostNL.
- We ship the packages once in 1 to 3 working days. 
- Exceeding the stated delivery time does not entitle the consumer to compensation or the right to dissolve the agreement.
- If no written objections are received by Not Your Mermaid within 7 days, Not Your Mermaid assumes to have fully complied with its obligations.

Article 9 – Packaging and shipping
- If the packaging of a delivered product has been opened or damaged, the consumer must have a note made of this by the forwarder or deliveryman before receiving the product, failing which Not Your Mermaid cannot be held liable for any damage.
- If the consumer himself takes care of the transport of a product, he must report any visible damage to products or the packaging to Not Your Mermaid prior to transport, failing which Not Your Mermaid cannot be held liable for any damage. 

Article 10 - Guarantee
- The warranty concerning products only applies to defects caused by faulty manufacture, construction or material.
- After the 14-day cooling-off period, we give a warranty period of 3 months on the quality of the product that are made of Stainless Steel. The special collections we include some items made of brass material. On brass materiaal we only give a warranty of six weeks. Should a problem occur with the product during this period, the consumer should send an e-mail to info@notyourmermaid.com. We will come to a solution together with the consumer. If we are in the process of repairing the product we will take care of it. If this is not feasible we will provide the consumer with another product. If the consumer does not agree, we will refund the consumer.

- The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the consumer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products supplied by Not Your Mermaid is entirely at your own risk. Not Your Mermaid cannot be held liable for this.

Article 11 – Complaints
- The consumer must examine a product or service supplied by Not Your Mermaid as soon as possible for any shortcomings.
- If a delivered product does not meet the consumer's reasonable expectations of the agreement, the consumer must inform Not Your Mermaid of this as soon as possible, but in any case within 7 days of discovery of the shortcomings.
- In doing so, the consumer will provide as detailed a description as possible of the shortfall, so that Not Your Mermaid is able to respond adequately.
- The consumer must demonstrate that the complaint relates to an agreement between the parties. 

Article 12 - Liability
- If Not Your Mermaid is liable for any damage, it will only be liable for direct damage resulting from or related to the execution of an agreement.
- All images, photographs, colors, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Article 13 – Right to dissolution
- The consumer has the right to dissolve the agreement if Not Your Mermaid fails imputably in the fulfillment of its obligations unless this failure does not justify the dissolution given its special nature or minor importance.
- If the fulfillment of the obligations by Not Your Mermaid is not permanently or temporarily impossible, dissolution can only take place after Not Your Mermaid is in default.
- Not Your Mermaid is entitled to dissolve the agreement with the consumer if the consumer does not fulfill his obligations under the agreement in full or on time, or if Not Your Mermaid has become aware of circumstances that give him good reason to fear that the consumer will not be able to fulfill his obligations properly. 

Article 14 – Force of the majority
In a situation of force majeure, all obligations of Not Your Mermaid will be suspended. If the period in which the force majeure situation occurs is longer than two months, both parties have the right to dissolve the agreement in whole or in part without any obligation to pay damages. Force majeure (among other things) occurs (in the case referred to in paragraph 1) in the event of a state of emergency, default and force majeure on the part of suppliers, disruptions, strikes, computer viruses, import/export bans, irrespective of whether this occurs at Not Your Mermaid or its suppliers.

Article 15 – Change of general terms and conditions
Not Your Mermaid is entitled to amend or supplement these general terms and conditions. Changes of minor importance can be made at all times.

Article 16 – Applicable law
The agreement and these general terms and conditions are exclusively governed by Dutch law.

Article 17 - Privacy
Not Your Mermaid respects the privacy of all users of its site and ensures that the personal information that the consumer provides to us is treated confidentially. Not Your Mermaid is the manager of your personal details. We find it very important to be transparent about the processing thereof. When collecting information via our website, Not Your Mermaid applies a strict privacy policy in accordance with the new Dutch legislation.

Your personal data will be used to process the order. For your order, we need your name, email address and payment information. Of course, we register, store and process your order efficiently and well. If necessary, we will also use this information for the subsequent guarantee. To be able to use our website and service we need your following information: your name, your address, your e-mail address, your telephone number, your IP address and your payment details. This information will never be made available to third parties unless they are involved in processing your order.

If you choose not to share your details with us, we will not be able to deliver your orders/returns.

Are you under the age of sixteen? Then you will not be able to use our website and services unless you have received permission from your parents or guardian.

Your rights:
- You have the right to request information about the personal data we hold about you at any time. You may contact us by sending an email to info@notyourmermaid.com
- You have the right to request correction of your personal information when it is inaccurate, including the right to request the completion of incomplete personal information.
- You have the right to object to direct marketing, including profile analysis for direct marketing purposes, at any time.