Vendor: Mertailor LLC
4100 W Gulf to Lake HWY Lecanto FL 34461
Person in charge of web sales: Eric Ducharme, Mertailor LLC
The following terms and conditions and any other related rules made available in writing by 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 4100 W Gulf to Lake HWY Lecanto FL 34461 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 these terms and conditions 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.
For those persons wishing to use the Website, they must read and agree to be bound by our policies relating to those services. We also draw your attention to our Privacy Notice which are incorporated to these Conditions of Sale by reference.
Any individual person Worldwide can register or purchase our Products from the Website.
To register or place an order through the Website, you must have reached the age of majority (which in most states is 18 years old) and have legal capacity to enter into a contract. If you are under the age of majority, or cannot lawfully enter into a contract, you must have your parent or guardian review these Conditions of Sale and the Privacy Notice and register or place an order on your behalf. Any orders placed in contravention to this provision shall be null and void.
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, that a Customer has breached, intends to breach, or evidences that it will breach this condition. Moreover, in the event 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 communication 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) 513-3278 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 - 4:00 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 an ”Add to Cart” button are available for sale through the Website.
5. REGISTRATIONS AND PERSONAL INFORMATION
When placing an order through the Website you may place your order and check out as a guest or by creating and logging into your online account. To create an online account 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. Changes made to account information will not be reflected on existing orders. Changes to personal information for existing orders must be made to 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 Cart” button to place this Product into “My Cart”. You may then decide to continue shopping for other Products and add them to “My Cart” (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 Cart. When you have completely reviewed your order, entered your personal information (if not logged in to a registered account), chosen your preferred shipping method, entered your payment information and agreed to these Terms and Conditions click on the "Place Order" button on the Website to place and complete 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 US State Sales Taxes will be reflected in the Confirmation of Order and invoice. Any applicable US Sales taxes 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 place your order and the date we send you the Confirmation of Order. International Taxes and Import fees are not included in Sales Tax calculations.
8. PAYMENT BY CREDIT CARD
Mertailor LLC accepts the following credit and debit cards: Visa, MasterCard, American Express and Discover. PayPal is also accepted as a method of payment.
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.
The total amount of your order is due at the time of purchase. Upon authorization by the card issuer, the amount of your purchase will be processed in full to your credit card and will appear on your credit card statement as Mertailor LLC.
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 sizes, measurements (when applicable), colors and/or designs, item quantities and any other particulars of the sale, which will be provided on the Website.
Once you have confirmed and placed your order, Mertailor LLC will issue a Confirmation Number acknowledging that it has received your order, which will be processed following the usual credit and anti-fraud checks. Please make sure that you save the Confirmation 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 on the Website are representative of the color, design, and style of the original Products, and 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
Measurements reflected on Website size charts for stock size items are approximate. Information on charts and guides are based on best fit experience, taking into consideration properties of the materials that each Product is made from. Customer takes the final responsibility for ordering the correct size.
When required, it is the Customer's responsibility to submit accurate measurements for the product being purchased 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 before submitting your purchase on the Website. The final measurements of the finished product will differ from the measurements provided to account for stretch and other properties of the product.
Mertailor LLC is not responsible for custom items which do not fit due to inaccuracy of customer provided measurements
15. MATERIAL SAFETY INFORMATION
15.1 SWIMSUITS, FABRIC TAILS, GARMENTS, AND ALL OTHER APPAREL AND ACCESSORIES
We use only the finest materials to manufacture our swimwear, fabric tails, apparel, and accessories. Please refer to each Product page for Product specific information.
15.2 CUSTOM SILICONE PRODUCTS (i.e., Silicone Mermaid Tail, Spellbound Silicone Mermaid Tail, etc.)
Although our Silicone Products are completely cured and made skin safe, our Products are made in a facility that uses 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.
Mertailor LLC ships orders Worldwide using shipping services provided by UPS and USPS typically or other carriers as may be necessary. Available options will be displayed during checkout based on your shipping destination.
You must allow enough time for the delivery of your order based on the estimated manufacturing time for the product that you are ordering plus time in transit once shipped. You must confirm with us in writing any special delivery requests. Total production time will vary based on the product(s) you have purchased.
Mertailor LLC charges shipping costs to you, which are in addition to the price of the Mertailor LLC products themselves. The cost of shipping shall be calculated according to the purchase value of your order, weight, the dimensions of the product, and the delivery address provided at time of purchase. Shipping charges are for transportation costs only and do not include import fees for international shipments which must be paid by the purchaser to the shipping carrier at delivery.
When estimating times for package delivery you must include estimated manufacturing time plus time in transit once order has shipped. All manufacturing times on website are estimates and can change without notice. We will use reasonable efforts to ensure that the estimated manufacturing times for your order are met.
Shipping confirmation with tracking information is automatically emailed when orders are complete and processed for shipment.
Mertailor LLC provides shipping insurance for all orders during the time it is in transit. For higher value packages a signature may be required at delivery. Once delivered the responsibility for purchased goods passes to customer. If purchaser has specified a recipient other than purchaser when ordering (i.e. gift recipient), delivery to the named individual represents fulfillment of the sales contract by Mertailor and transfers responsibility to the recipient in the same way as if the Product had been delivered to purchaser. Should you not receive your package after shipment, a claim for non-delivery must be made within 75 days of shipment via email to firstname.lastname@example.org for assistance with filing a lost package claim with the shipping carrier Shipping carriers will not accept claims beyond 90 days of original date of shipment. Mertailor is not responsible for shipments not received if customer fails to provide the required notification within 75 days of shipment. Failure to notify Mertailor LLC of a lost package will negate eligibility for replacement and/or refund or order.
For additional information see our Delivery Page
17. ESTIMATED MANUFACTURING TIMES
Most merchandise available for purchase on the website is made to order. Estimated manufacturing times vary by product and are listed on each product page on the website. Estimated manufacturing times will fluctuate throughout the year and change without notice. Estimated manufacturing times are estimates and are not guaranteed. All reasonable efforts will be made to complete and ship orders within the estimated manufacturing time in place at the time order was placed. Orders placed for multiple items with varying estimated manufacturing times will ship when all items are complete based on the item with the longest estimated manufacturing time.
In a case that raw materials required to create your product are out of stock and/or on backorder, we will update you on its status and offer the option to wait for the product to become available or refund and close your order.
19. RETURN POLICY
See our Returns page for additional information.
Eligible merchandise in NEW/UNUSED condition will be accepted for refund when returned within 15 days of receipt in original packaging with tags. Trying items on to confirm fit is expected. Items that have been used IN OR OUT of the water will not be accepted for return or exchange. Items should be returned to:
Mertailor LLC Attn: Returns 4100 W Gulf to Lake Hwy, Lecanto, FL 34461
Please include a copy of the order packing slip or a note with purchaser’s name and order number so we can identify the returned item. Please note the reason for return.
ALL shipping charges are customer’s responsibility.
Mertailor is not responsible for damage or loss during the return shipping of your item(s). Purchasing insurance for the merchandise value is recommended when returning your package.
A refund for the value of the merchandise, minus applicable restock fee, will be refunded to the credit card used to place the order within 5-7 business days of Mertailor receiving the returned merchandise. Shipping charges are not refundable. A copy of the refund transaction will be emailed to you. It may take several days for your bank to process the credit back to your account after Mertailor LLC has processed the refund transaction.
- Fabric tail skins (Whimsy, Full Fantasea, Fantasea Sling and Guppy) 20% restock fee
- Activewear apparel (Leggings, compressions shorts, etc.) 20% restock fee
- Swimwear (women, men, and children) 35% restock fee.
- Misc Apparel and Home Goods 20% restock fee
- Stock color Fantasea Fins 20% restock fee
19.1 FABRIC TAILS, SWIMWEAR, ACTIVE WEAR, MISC APPAREL (unless otherwise noted) HOMEGOODS, STOCK COLOR FANTASEA FINS
Subject to scheduled restock fees, returns will be accepted for refund to Purchaser’s original payment method as follows:
Unused/unworn items returned in original packaging within 15 days of receipt. All shipping costs are the responsibility of Purchaser. If an item(s) is returned used or showing signs of wear and in unsellable condition, item(s) will be returned to the customer at the customer’s expense or disposed of by Mertailor LLC and will not be eligible for refund, exchange, or replacement. Damage from use precludes item from eligibility for refund or exchange
19.2 NON-RETURNABLE, NON-REFUNDABLE, NOT ELIGIBLE FOR EXCHANGE
The following items are non-returnable/non-refundable, and not eligible for exchange:
Modified or Altered Products
Non-stock items not available for purchase on company websites
Custom Products (including Custom Whimsy Tail and Custom Colored Fantasea Fins)
Silicone Fantasea Skins
Silicone Scale Bra Tops
All other Silicone Accessories and Apparel (not including stock color Fantasea Fins)
Items for sale on the website that are classified/categorized as “Clearance”
If Customer wishes to exchange merchandise which is eligible for return, a new order must be placed through the Website. If receipt of item(s) to be exchanged is time sensitive, Customer may place a new order before the returned merchandise has been processed for refund. Once the returned merchandise is received and inspected, any eligible refund will be processed as per policy.
Requests to cancel or modify orders will be subject to the restock fee schedule above, regardless of how quickly cancellation request is received. After an order has been shipped it cannot be cancelled. You may return your items once received (see “Returns” policy). If you refuse your package at delivery and return shipping charges are incurred, all shipping charges will be deducted from any eligible refund for returned merchandise.
19.5 CHANGE ORDERS:
Requests to modify existing orders will be subject to a Change Order Processing Fee based on the Restock Fee Schedule. Change orders will result in a reset of the completion time of your order. The new completion date will be based on the date of the change order. If you have forgotten to include an item on your order it will be necessary for you to place a new order through the website.
19.6 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 five (5) days after receipt of your shipment. If problems are not reported to us within five (5) days after receipt of your shipment, we will not be responsible for correcting any problems.
Contact Mertailor LLC by sending an email to email@example.com to express your concerns.
19.7 DEFECTIVE PRODUCTS
Mertailor LLC is diligent 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 upon receipt, you may contact us by email at firstname.lastname@example.org with a detailed email, including a photograph of the damages within five (5) business days after 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 use or 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 paid 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 same back to the customer at the company’s 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.
19.8 PRODUCT COLOR AND VARIATION DISCLAIMER
All products at Mertailor are handmade individually. Design elements may vary slightly. Products will have subtle variations from one piece to the next and will not be identical. The images, descriptions, and measurements we provide on our website have been used to best describe the products we sell. Variations and natural minor blemishes will occur that are not product flaws, but normal abnormalities inherent in the manufacturing of handmade products.
Photographs and digital renderings on our website are for illustrative purposes and may not match the product exactly due to differences in electronic device settings and material changes which occur during the manufacturing process. Screen images are intended as a guide only and should not be regarded as law.
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 email@example.com.
21. WARRANTIES / LIMITATION OF LIABILITY
While Mertailor LLC will use reasonable endeavors 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, reliability 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 will Mertailor LLC 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.
22. 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 as manufacturers, nor sellers of Mertailor LLC 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.
24. 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.
25. NO WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
26. 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 law 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.