Refund policy
Article 8. Consumer right of withdrawal
8.1 Principle. If you are a consumer, you have fourteen days to withdraw from a distance contract without giving any reason and without incurring any costs other than those set out below.
The period runs from the day on which you, or a third party other than the carrier designated by you, take physical possession of the last item in the order.
8.2 Exceptions. In accordance with Article L.222-9 of the Consumer Code, the right of withdrawal does not apply to goods made to your specifications or clearly personalised. This covers:
• bars and parts made to the dimensions of your equipment, in particular the ApexGrip bar;
• products ordered in a colour other than the standard colours;
• products bearing your logo or a marking you supply;
• products resulting from a specific design study validated by quotation.
This exclusion is stated clearly and separately on the product page and before you confirm your order. It does not affect your rights if a product is faulty or not as described: the legal guarantee applies to these products exactly as it does to any other.
8.3 How to withdraw. Tell us of your decision by an unambiguous statement, by email to contact@mergaux.net or by post to MERGAUX SARL-S, 8, avenue Marie-Thérèse, L-2132 Luxembourg. You may use the model form below, but you are not obliged to. It is enough that you send your notification before the period expires.
8.4 Returning the goods. Send back or hand over the goods without undue delay and no later than fourteen days after telling us of your decision. You bear the direct cost of returning them. For bulky machines shipped on a pallet this cost can be significant; at your request, we can arrange collection and tell you the cost in advance.
Keep the original packaging if possible: a return without suitable protection exposes the goods to damage for which you are liable.
8.5 Refund. We refund all payments received, including standard delivery costs, without undue delay and no later than fourteen days from the day we are informed of your decision. If you chose a delivery method more expensive than our standard offer, we only refund the cost of standard delivery.
The refund is made using the same means of payment as the original transaction, unless otherwise agreed, and at no cost to you. We may withhold the refund until we have received the goods back or you have supplied proof of having sent them, whichever is earlier.
8.6 Diminished value. You may handle and try the goods as you would in a shop, to establish their nature, characteristics and functioning. This includes assembling them, adjusting them and testing the mechanism.
You are only liable for diminished value resulting from handling that goes beyond this: prolonged use, permanent floor fixing, drilling, cutting, deep scratches in the coating, or modification. In that case, we deduct an amount corresponding to the actual loss in value, which we justify in writing with photographs. We apply no flat rate and no automatic percentage.
Model withdrawal form
Only complete and return this form if you wish to withdraw from the contract.
To MERGAUX SARL-S, 8, avenue Marie-Thérèse, L-2132 Luxembourg, contact@mergaux.net:
I hereby give notice that I withdraw from my contract of sale of the following goods:
Ordered on ……………… / received on ………………
Order number: ………………
Name of consumer: ………………
Address of consumer: ………………
Signature of consumer (only if this form is notified on paper): ………………
Date: ………………
Article 9. Returns by professional customers
The right of withdrawal does not apply to professionals. As a commercial gesture and without being obliged to, we accept the return of an unused standard product, in its original packaging, within four weeks of receipt, on the following conditions:
• contact us in writing before any return; no unannounced return is accepted;
• state the company name, the order number and whether you want an exchange or a refund;
• return shipping at your expense; unpaid shipments are refused;
• only the value of the goods is refunded, excluding the original delivery costs;
• made-to-measure and personalised products and ApexStage platforms are excluded.
Processing a return usually takes seven to ten business days from receipt.
Faulty or non-conforming products
A product that is not as described, faulty or delivered in error is not an ordinary return. We arrange and pay for its collection, and you pay nothing upfront. See Article 10 on guarantees.
When a claim is opened with a carrier, we can only refund or replace once the carrier has investigated and closed the case. We keep you informed of its progress.
Full details are in our terms of sale, Articles 8 to 10.