Terms of Service
TERMS OF SERVICE
1. COMPANY INFO
BrooksJourney
Handelsnaam: MERVENS
Marnixstraat 101H
1015 VG Amsterdam
Nederland
Registratienummer: 76347249
BTW-nummer: NL003071444B40
Email: contact@mervens.com
Website: mervens.com
2. DEFINITIONS
"We," "us," "our," "BrooksJourney," "MERVENS" = BrooksJourney trading as MERVENS
"You," "your," "customer" = The person purchasing products on our website
"Website" = mervens.com.au
"Products" = Clothing and merchandise offered for sale on our website
"Order" = Your purchase request for one or more products
"Terms" = These General Terms & Conditions
3. ACCEPTANCE OF TERMS
By accessing and using our website and placing an order, you agree to be bound by these Terms and Conditions in their entirety.
If you do not agree to any part of these terms, you may not use our website or make purchases.
We reserve the right to update these terms at any time. Changes become effective immediately upon posting. Your continued use of the website constitutes acceptance of updated terms.
4. PRODUCT INFORMATION & DESCRIPTIONS
Product Descriptions
Product descriptions, images, pricing, and specifications are provided for informational purposes only and are not binding contracts.
We take reasonable care to ensure product information is accurate. However, we do not guarantee that all descriptions, photos, pricing, or other content on the website is completely accurate, error-free, or current.
Images & Colors
Product images are representative and may not perfectly reflect actual color, texture, or appearance due to:
- Screen display differences
- Photography lighting
- Manufacturer variations
We recommend checking sizing guides and product specifications carefully before purchasing.
Stock Availability
All products are offered subject to availability. We reserve the right to discontinue products and correct errors in product information.
If a product becomes unavailable after you place an order, we will contact you immediately to:
- Offer an alternative product
- Process a full refund
- Place your order on a waiting list (at your option)
5. PRICING & PAYMENT
Pricing
All prices are in AUD (Australian Dollars) and are displayed on our website.
Prices are subject to change without notice. The price you pay is the price in effect at the time of checkout.
We reserve the right to adjust prices for:
- Promotional periods
- Seasonal sales
- Supply chain changes
- Currency fluctuations (for international orders)
Taxes & Duties
Australian Customers: Prices include GST.
International Customers: MERVENS covers all import duties, taxes, and customs fees on orders shipped internationally.
Payment Methods
We accept:
- Credit cards (Visa, Mastercard, American Express)
- PayPal
- Apple Pay
- Google Pay
- Other payment processors displayed at checkout
Payment Processing
All payments are processed through secure payment gateways. Your payment information is encrypted and not stored on our servers.
By providing payment information, you authorize us to charge the order amount to your payment method.
Payment Authorization
We reserve the right to decline or cancel any order if:
- Payment authorization fails
- Fraudulent activity is suspected
- Payment details are invalid or expired
- You fail payment verification
Refunds are processed to your original payment method within 5–7 business days of approval.
6. ORDERS & PURCHASE PROCESS
Order Placement
When you place an order, you are making an offer to purchase products on these terms.
Your order is not final until we confirm receipt and begin processing.
Order Confirmation
Once your order is received, you will receive a confirmation email containing:
- Order number
- Items ordered
- Total price
- Shipping address
- Estimated processing time
This confirmation is not a guarantee of product availability or acceptance of your order.
Right to Reject Orders
We reserve the right to refuse or cancel any order for any reason, including:
- Invalid payment information
- Suspected fraud or unauthorized use
- Violation of our policies
- Out-of-stock items
- Technical errors in pricing or product information
If we reject your order, you will receive a full refund within 3–5 business days.
Order Changes
Once you place an order, you CANNOT:
- Change the shipping address
- Modify items or quantities
- Cancel the order
Orders are processed immediately and sent to our fulfillment center. Address and item changes cannot be made once processing begins.
7. INTELLECTUAL PROPERTY
Website Content
All content on our website—including text, images, logos, graphics, design, layout, and trademarks—is the property of BrooksJourney/MERVENS or our content providers.
You may not:
- Copy, reproduce, or distribute content without permission
- Use our logo or branding for commercial purposes
- Modify or create derivative works
- Use content for competing business purposes
Unauthorized use of our intellectual property may result in legal action and liability for damages.
MERVENS Trademarks
"MERVENS" and all associated logos are registered trademarks of BrooksJourney.
You may not use our trademarks without written permission.
Customer Content
By posting reviews, photos, or feedback on our website, you grant MERVENS a non-exclusive, royalty-free license to use that content for marketing and promotional purposes.
8. USER CONDUCT & PROHIBITED ACTIVITIES
Prohibited Uses
You agree NOT to use our website for:
- Illegal activities or content
- Harassment, abuse, or threatening behavior
- Fraud or deception
- Posting false or misleading information
- Spam or unsolicited marketing
- Scraping or automated data collection
- Attempting to bypass security measures
- Reverse engineering or hacking
- Violating intellectual property rights
Consequences of Violation
We reserve the right to:
- Terminate your access to the website
- Report illegal activity to authorities
- Pursue legal action
- Seek damages for losses incurred
9. LIABILITY & DISCLAIMERS
Limitation of Liability
To the fullest extent permitted by law, BrooksJourney/MERVENS is NOT liable for:
- Indirect, incidental, special, or consequential damages
- Loss of profits, revenue, data, or goodwill
- Any damages arising from product quality, fitness for purpose, or use
- Third-party claims or losses
- Service interruptions or technical errors
Maximum Liability Cap
Our total liability for any claim shall not exceed the amount you paid for the product or service in question.
Disclaimer of Warranties
Our website and products are provided "AS IS" without warranties of any kind, whether express or implied.
We do not warrant that:
- Products will be free from defects
- Products are fit for a particular purpose
- Product quality meets your expectations
- Services will be uninterrupted or error-free
To the extent warranties cannot be excluded, liability is limited to repair or replacement of the defective product.
10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BrooksJourney/MERVENS, its owners, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of the website
- Your violation of these terms
- Your violation of any law
- Your infringement of third-party rights
- Your misuse of products
- Claims by third parties related to your conduct
11. DISPUTE RESOLUTION & GOVERNING LAW
Governing Law
These terms are governed by the laws of the Netherlands and applicable EU regulations.
Any disputes arising from these terms or your use of our website shall be subject to the exclusive jurisdiction of Dutch courts.
Dispute Resolution Process
Before pursuing legal action, we encourage you to contact us to resolve disputes informally:
contact@mervens.com
We will attempt to resolve disputes within 30 days of your notice.
If informal resolution fails, disputes will be resolved through Dutch legal proceedings.
12. PRIVACY & DATA PROTECTION
Personal Data
We collect and process personal data in accordance with:
- GDPR (General Data Protection Regulation)
- Dutch data protection laws
- Our privacy policy
Your data is collected for:
- Order processing
- Shipping & delivery
- Customer service
- Marketing (with consent)
- Fraud prevention
- Legal compliance
Data Security
We use industry-standard security measures to protect your information. However, no transmission over the internet is completely secure.
You are responsible for:
- Keeping your account credentials confidential
- Reporting unauthorized access
- Updating your contact information
Data Retention
We retain personal data for:
- As long as necessary to fulfill orders (7 years for tax compliance)
- Legitimate business purposes
- Legal obligations
You can request data deletion, subject to legal requirements, by contacting us at contact@mervens.com.
For full details, see our Privacy Policy.
13. THIRD-PARTY LINKS & SERVICES
External Links
Our website may contain links to third-party websites. We are not responsible for:
- Content, accuracy, or availability of third-party sites
- Privacy practices of third parties
- Any damages arising from third-party services
Your use of third-party services is governed by their terms and conditions, not ours.
14. FORCE MAJEURE
We are not liable for delays or failures to perform our obligations due to events beyond our control, including:
- Natural disasters
- War, terrorism, or civil unrest
- Pandemics or health emergencies
- Government actions
- Supplier failures
- Carrier delays
- Extreme weather
If force majeure events occur, we will notify you and attempt to resume service as soon as possible.
15. MODIFICATIONS TO WEBSITE
We reserve the right to modify, suspend, or discontinue our website, products, or services at any time without notice.
We are not liable for any modifications, suspensions, or discontinuations.
16. CONTACT & CUSTOMER SERVICE
Questions or concerns about these terms or our service?
Email: contact@mervens.com
Hours: Monday–Friday, 10:00 AM – 5:00 PM AEST
We aim to respond within 24–48 hours during business days.
17. SEVERABILITY
If any provision of these terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it valid, or if not possible, removed.
The remaining provisions will continue in full force and effect.
18. ENTIRE AGREEMENT
These terms, along with our Shipping Policy, Returns & Refunds Policy, and Privacy Policy, constitute the entire agreement between you and MERVENS regarding your use of our website and purchase of products.
Any prior agreements, understandings, or negotiations are superseded by these terms.
19. WAIVER
Our failure to enforce any provision of these terms does not constitute a waiver of that provision or any other provision.
Any waiver must be in writing and signed by an authorized representative of MERVENS.
20. ASSIGNMENT
You may not assign or transfer these terms to any third party without our written consent.
MERVENS may assign or transfer these terms to any successor or affiliate at any time without notice.
21. CONTACT INFORMATION FOR LEGAL MATTERS
For legal notices or formal complaints:
BrooksJourney B.V.
Marnixstraat 101H
1015 VG Amsterdam
Netherlands
Registratienummer: 76347249
BTW-nummer: NL003071444B40
Email: contact@mervens.com
ACKNOWLEDGMENT
By using our website and placing an order, you acknowledge that:
- You have read and understood these General Terms & Conditions
- You agree to be bound by all terms herein
- You are at least 18 years old or have parental/guardian consent
- You have the legal capacity to enter into this agreement
- Any information you provide is accurate and complete
BrooksJourney / MERVENS reserves the right to update these terms at any time. Your continued use of the website constitutes acceptance of any updates.
